820086_NOV-2020-DV-0303_20200715

ROY COOPER
Governor
MICHAEL S, REGAN
Secretory
S. DAMEL SMITH
Dfrector
NORTH CAROLINA
Environrnental Quality
July 15, 2020
CERTIFIED MAIL 7019 0700 0000 3643 0598
RETURN RECEIPT REQUESTED
B&L Farms
Mr. Bryan McLamb
2231 Hollerin Rd.
Dunn NC 28334
Subject:
Administrative Code 15A NCAC 2T . 13 04
NOV-2020-DV-0303
Incident number 202001964
B&L Farms Facility Number 82-86
Permit AWS820086
Sampson County
Dear Mr. McLamb:
NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water
Quality Regional Operations Section (WQROS) staff inspected the B&L Farms and the
permitted waste disposal system multiple times, from June 12, 2020 through June 23 ,2020 in
response to a lagoon breach at this facility.
On June 12, 2020, an animal waste lagoon structural failure, a breach, was reported to the DWR
Fayetteville Regional Office. It was estimated by B&L Farms that approximately 3 million
gallons of animal waste discharged from the waste lagoon structure. Wastewater and
solids/sludge were observed to have coursed overland from the lagoon, into wetlands, and into an
unnamed tributary to Starlins Swamp a Class C, Sw waterbody in the Cape Fear River Basin.
DWR's file review, site visits/inspections, and sampling efforts in response to the lagoon breach
revealed the following:
Lagoon Breach and Waste Discharge.
On June 12, 2020 at 11:12 am, Mr. Curtis Barwick a Technical Specialist for Bryan McLamb
reported to DWR Fayetteville Regional Office (FRO) staff that the waste lagoon at B&L Farms
had breached. The failure occurred sometime during the night or early morning of June 12, 2020.
Mr. Barwick stated he was told that all the liquid waste and sludge was discharged with some
sludge still in the waste lagoon.
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
ve`w =�imi'mms�uiwmm /"�Y 910.433,3300

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Mr. Bryan McLamb
July 15, 2020
It was explained that the breach was discovered by a crew member arriving for a scheduled
removal of swine the morning of June 12, 2020 (as a result of this incident, all animals were
removed from the facility on June 12, 2020). The loading crew notified the integrator (Smithfield)
service person who then called Mr. Bryan McLamb around 9:40AM. After first going to the farm
to confirm the breach, Mr. McLamb contacted Mr. Barwick who then reported the breach to DWR.
DWR staff arrived onsite at 12:40pm, June 12, 2020 and documented that the lagoon was
breached as reported. Efforts to contain the animal waste and recover waste product were in
progress. DWR staff further documented that waste from the breached lagoon coursed along the
edge of spray fields at the farm and flowed into an unnamed tributary to Starlins Swamp.
DWR staff walked the lagoon berm. The wastewater elevation in the lagoon had been so high
and for such a duration that: 1) Due to being saturated with wastewater, the earthen lagoon berm
containment structure was notably soft when walking along the berm; 2) The vegetation was
observed dead at the crest of the lagoon berm due to being inundated by the waste; and 3) a
concentric ring of waste solids had deposited on the inside of the lagoon clearly depicting the
extent and elevation of the waste elevation, prior to failure.
Wastewater and the waste lagoon solids/sludge exited the lagoon through a breach in the lagoon
berm. This waste coursed overland into wetlands, and surface waters. This waste was
documented in surface waters from visual observations, photographs, and water samples in
Starlins Swamp, a Class C Swamp Water, at Christmas Tree Road in Sampson County. This
location is approximately 1.35 miles from the lagoon. Also, DWR documented waste and dead
fish in the Wagner Pond about 0.5 miles from the lagoon. DWR staff counted/estimated from
photographs taken at Wagner Pond a minimum of one thousand dead fish including brim, catfish,
bass, an eel, and other panfish. Waste and animal wastes solids were also documented in
wetlands.
La¢oon Level
On June 12, 2020, Mr. Bryan McLamb stated to DWR staff that the lagoon level was at 19
inches on June 8, 2020 and that it was at 17 inches on June 11, 2020 when Mr. McLamb left the
farm. Mr. McLamb also stated that he recorded 2 inches of rain on June 11, 2020and, that he did
not walk the lagoon bank at any time after the 2-inch rain on June 11, 2020. Mr. McLamb
explained he had been working on an irrigation pump, which he could not get primed. Once
repaired, Mr. McLamb explained that he irrigated corn crop for an hour to an hour and a half
before going home around 9:30 PM or 10:00 PM.
On June 16, 2020, DWR staff surveyed the waste lagoon at B&L Farms and further documented
that the waste level in the lagoon had been to the top of the berm, well within structural
freeboard, for a prolong period of time. The survey documented the high water marks and waste
deposition at four distinct locations in and around the lagoon (waste/water line on lagoon waste
level marker, waste/water line on suction pipe support post, dead grass line where waste has been
for a period of time causing the grass to die, and sludge on top of the discharge pipe). This
information clearly illustrates that waste levels were less than one inch from the lowest point on

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Mr. Bryan McLamb
July 15, 2020
what remains of the lagoon embankment. The waste levels had been at that elevation long
enough to destroy the vegetation on the inside of the lagoon embankment. This indicates that
these lagoon conditions occurred for longer than 24 hours.
The survey also documented that the lagoon marker was not set correctly; the top of the lagoon
marker (zero freeboard), was actually 5.04 inches higher than to the lowest point on the
remaining lagoon berm. The lagoon marker had no visible markers other than the 19 inch, 31
inch, and stop pump level.
The permitted compliance level for this lagoon is 19 inches based on the Certified Animal Waste
Management Plan (CAWMP). On June 23, 2020, Mr. McLamb stated to DWR staff that prior to
the night of June 11, 2020, the lagoon freeboard had not been less than 19 inches since Hurricane
Florence. However, the survey and photographic evidence show that the freeboard had been less
than 19 inches for a period of time of more than 24 hours prior to June 11, 2020. After reviewing
the Division files we have confirmed that we have no record of having received a notification as
required by the permit prior to June 12, 2020, for any freeboard level that exceeded the permitted
level of 19" (including on June 11, 2020 when the freeboard level was noted by Mr. McLamb to
be 17"). This is despite the evidence that shows the liquid level had been above the permitted
level for a period of time that was long enough to kill vegetation on the inside face of the lagoon,
allow for deposition of solids around the lagoon perimeter, support structures and discharge pipe,
and the accumulation of dead vegetation and a water mark on the freeboard marker at or near the
elevation of the top of the lagoon dike wall at its lowest paint that is still observable.
Lagoon Records.
When DWR staff asked for records to review during the investigation on June 12, 2020, Mr.
McLamb said that Mr. Curtis Barwick (Technical Specialists) had the records at his office (located
off site) for the purpose of completing the annual report. The only records Mr. McLamb could
provide were notations on a 2020 calendar for the months of April, May, and June of 2020. DWR
staff took pictures of these three months.
On June 16, 2020, DWR staff asked Mr. McLamb to see records for the months of January,
February, and March of 2020. Record for these months had no notations of pumping events. Mr.
McLamb said that Mr. Barwick had the information for 2019 and the first months of 2020, which
included Mr. McLamb's calendars.
DWR Staff contacted Mr. Barwick and found that he was out of town on vacation. Mr. Barwick
offered to come home and provide the records because his employees did not have access to
them. DWR scheduled to meet with Mr. Barwick on June 19, 2020 when he was scheduled to be
at work.
During this meeting with Mr. Barwick, he provided all of records up to April 11, 2020. DWR
staff asked Mr. Barwick for the original handwritten information; he did provide IRR-1 forms he
said Mr. McLamb completed for 2019 and 2020 up to April 11, 2020.

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Mr. Bryan McLamb
July 15, 2020
Mr. Barwick was unable to produce any calendars, or legal pad sheets from previous years where
Mr. McLamb transferred pumping information from the calendar(s). Mr. Barwick stated that he
discarded all information given to him except what was on an IRR-Iform after he transferred the
information to the combined IRR2 forms. IRR-1 forms from July 27, 2010 through April 11,
2020 were available for review.
Records availability.
During the investigation of this incident on June 12, 2020, DWR staff asked to see Mr.
McLamb's records. Mr. McLamb was only able to provide a calendar in which he had written
down information related to irrigation events on April 18, May 2, May 30, and June 6, 2020. The
only information documented were hydrant numbers and total hours pumped.
Mr. McLamb failed to document the start and stop time of each event, the weather code, and any
120-minute inspections. He also showed previous calendars and stated that this is how he had
always kept records. He stated that prior to 2019, he would transfer this information to a legal
pad and then send it to Curtis.
In 2019, he started transferring this information to an IRR I form and continued to put down start
and stop times from memory. His Technical Specialist, Curtis Barwick, would then take this
information and transfer it to a combined IRR-2 Form for use at routine inspection.
Mr. Barwick stated on June 19, 2020 that he discarded handwritten records after he processed
them into the IRR-2.
Farm compliance records were not available until June 19, 2020 because Mr. Curtis Barwick,
Technical Specialist for Mr. McLamb, had the records and he was out of town. During the June
19, 2020 inspection, DWR documented that facility records show lagoon levels were not below
27 inches from August 1, 2019 through April 8, 2020.
From October 7, 2019 through June 8, 2020 the lagoon level was never below 25 inches. These
records show a consistent pattern of managing the lagoon level within 6-8 inches, or less, of the
permitted limit. (Note: When factoring in the error in the lagoon marker elevation, the waste
levels were actually maintained within 1-3 inches, or less, of the permitted limit.)

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Mr. Bryan McLamb
July 15, 2020
The site visits, inspections and sampling results confirm permit condition violations of
General Permit AWGI00000 (Certificate of Coverage number AWS820086) and violations
of North Carolina Administrative Codes15A NCAC 02B .0211 and 15A NCAC 02B .0231
which state the following:
General Permit AWG100000 (Certificate of Coverage number AWS820086) Permit
Condition I 1 Failure to prevent discharge of waste to surface waters or wetlands.
Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, direct discharge or through ditches, terraces, or grassed waterways not otherwise
classified as state waters. (Permit Condition 1.1)
Permit Condition V.2: Failure to maintain the maximum waste level in lagoons/storage ponds
that shall not exceed that specified in the facility's CAWMP.
At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1)
foot of structural freeboard except that there shall be no violation of this condition if:
a. there is a storm event more severe than a 25-year, 24-hour event;
b. the Permittee is in compliance with its CAWMP and
c. there is at least one (1) foot of structural freeboard. — [15A NCAC 02T .1304(b)].
(Permit Condition V.2)
(Permit Condition III.17.e): Failure to report non -complaint freeboard levels.
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V.2. of this General Permit. (Permit Condition 111.17.e).
Permit Condition III 17 f• Failure to report high freeboard levels in the structural zone
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events:
f. Failure to maintain storage capacity in a lagoon/storage pond below that of the
designed structural freeboard (twelve (12) inches from top of dam or as specified in
lagoon/storage pond design). Note that this notification is in addition to the report
required by Condition III.17.e above. (Permit Condition 111.17;)

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Mr. Bryan McLamb
July 15, 2020
Permit Condition II.12Violation 6: Failure to maintain protective vegetative cover on lagoon
embankment.
A protective vegetative, cover shall be established and maintained on all earthen lagoon/storage
pond embankments (outside toe of embankment to maximum operating level/compliance level
on embankment interior), berms, pipe runs, and storm water diversions with the goal of
preventing erosion. Trees, shrubs, and other woody vegetation shall not be allowed to grow on
the lagoon/storage pond embankments. All trees shall be removed in accordance with good
engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be
kept mowed. (Permit Condition H..12)
Permit Condition IIl.1: Failure to inspect waste collection, treatment and storage system
following storm event greater than one -inch rain
An inspection of the waste collection, treatment, and storage structures, and runoff control
measures shall be conducted and documented at a frequency to insure proper operation, but at
least monthly and after all storm events of greater than one (1) inch in 24 hours. For example,
lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage,
damage by animals or discharge. Inspection shall also include visual observation of subsurface
drain outlets, ditches, and drainage ways for any discharge of waste. (Permit Condition I17.1)
The Permittee shall record all irrigation and land application event(s) including hydraulic loading
rates, nutrient loading rates and cropping information. The Permittee shall also record removal of
solids and document nutrient loading rates if disposed of on -site or record the off -site location(s).
These records must be on forms supplied by, or approved by, the Division. (Permit Condition
111.6)
The OIC, a designated Back-up OIC of a Type A Animal Waste Management System, or a
person under the supervision of an OIC or designated Back-up OIC shall inspect the land
application site as often as necessary to ensure that the animal waste is land applied in
accordance with the CAWMP. In no case shall the time between inspections be more than 120
minutes during the application of waste. A record of each inspection shall be recorded on forms
supplied by, or approved by, the Division and shall include the date, time, land application area
used, and name of the operator for each inspection. If neither the OIC or designated Back-up
OIC was present during land application, then the OIC or designated Back-up OIC shall inspect
the land application area within twenty-four (24) hours. (Permit Condition II17)
Permit Condition III.15: Failure to maintain records and make readily available
A copy of this General Permit, the facility's COC, certification forms, lessee and landowner
agreements, the CAWMP and copies of all records required by this General Permit and the

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Mr. Bryan McLamb
July 15, 2020
facility's CAWMP shall be maintained by the Permittee in chronological and legible form for
five (5) years. Records include but are not limited to: soil and waste analyses, rain gauge
readings, freeboard levels, irrigation and land application event(s), past inspection reports and
operational reviews, animal stocking records, records of additional nutrient sources applied
(including but not limited to sludges, unused feedstuff leachate, milk waste, septage and
commercial fertilizer), cropping information, waste application equipment testing and
calibration, and records of removal of solids to off -site location(s). These records shall be
maintained on forms provided or approved by the Division and shall be readily available at the
facility (stored at places such as the farm residence, office, outbuildings, etc.) where animal
waste management activities are being conducted.
Note: For facilities whose permitted records retention requirement prior to coverage under this
General Permit was three (3) years, the increased record retention will be phased in during the
first two years of coverage.
(Permit Condition X..15)
North Carolina Administrative Codes: Standard Violations
15A NCAC 02B .0211 - FRESH SURFACE WATER QUALITY STANDARDS FOR
CLASS C WATERS
15A NCAC 02B .0211 (2). The conditions of waters shall be such that waters are suitable for all
best uses specified in this Rule. Sources of water pollution that preclude any of these uses on
either a short-term or long-term basis shall be deemed to violate a water quality standard;
15A NCAC 02B .0211 (6) Dissolved oxygen: not less than 6.0 mg/1 for trout waters; for non -
trout waters, not less than a daily average of 5.0 mg/1 with an instantaneous value of not less than
4.0 mg/1; swamp waters, lake coves, or backwaters, and lake bottom waters may have lower
values if caused by natural conditions;
15A NCAC 02B .0231 - Wetland Standards
(c) The following standards shall be used to assure the maintenance or enhancement of the
existing uses of wetlands identified in Paragraph (b) of this Rule:
(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause
adverse impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material shall not be present
in amounts that may cause adverse impacts on existing wetland uses;
(3) Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses;
(4) Materials that adversely affect the palatability of fish or aesthetic quality of the wetland shall
not be present in amounts that may cause adverse impacts on existing wetland uses;

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Mr. Bryan McLamb
July 15, 2020
(5) Concentrations or combinations of substances that are toxic or harmful to human, animal, or
plant life shall not be present in amounts which individually or cumulatively may cause adverse
impacts on existing wetland uses;
(6) Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent detrimental impacts on:
(A) Water currents, erosion or sedimentation patterns;
(13) Natural water temperature variations;
(C) The chemical, nutrient, and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
Please respond to this letter in writing within 20 days of receipt. Your written response
should address each of the below listed items (Items 1 - 12) Please submit the following items
within 20 days of receipt of this letter:
Provide DWR a Plan of Action (POA) with detailed drawings and specifications, signed
and sealed by a licensed Professional Engineer, for the repair or replacement of the
lagoon embankment or proper closure of the lagoon. Additionally, provide a
description of your plans to manage the existing wastewater and sludge in the
lagoon, as well as the accumulation of additional water in the lagoon associated with
precipitation events, to ensure the lagoon wall does not breach again. Specifically,
provide this item within 20 days from receipt of this letter.
The breach repair must meet applicable NRCS engineering standards to prohibit further
discharge of lagoon effluent into the environment. The design must be submitted to
DWR for review and approval prior to making the repair/replacement.
2. Efforts must continue to recover wastes/waste solids discharged from the lagoon. Within
20 days, please provide a detail account of actions taken as of the date of this letter to
recover wastes including estimated volumes, dates, locations, etc. The report must
indicate areas where you were unable to recover waste; please include a map indicating
location and volume estimates. The report must also provide a summary of PAN balance
available for waste application and which fields are still available for waste application.
3. Provide an explanation in writing from the OIC for this farm regarding how each of the
above noted violations occurred.
4. Within 20 day of receipt of this letter, please submit copies of all rainfall and freeboard
records for the past five years to present. These records shall include copies of all
handwritten (calendars, notepads, record forms, etc.) and electronic records.

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Mr. Bryan McLamb
July 15, 2020
5. Within 20 day of receipt of this letter, please provide all copies of all waste application
records, calendar pages, pumping records on legal pad or any other format sent to Mr.
Barwick, IRR-I forms, IRR-2 forms, freeboard levels, rainfall and lagoon inspections for
the last 5 years.
6. The June 16, 2020 DWR survey of the waste lagoon at B&L Farms revealed waste level
has been less than one inch from the lowest point of what remains of the lagoon
embankment. The waste levels had been that high long enough to destroy the vegetation
on the inside of the lagoon embankment; an indication that this has occurred for longer
than 24 hours. DWR has no record of receiving a high freeboard 24-hour notification
prior to June 12, 2020. Please explain why high freeboard levels were not reported.
7. In addition to the repair of the breach and lagoon as referenced in item 1 above, include
an account of how you plan to provide additions of soil that is suitable for establishment
and maintenance of a vegetative cover on the lagoon berm structure. The repair design
shall include steps for establishment of proper vegetative cover.
8. Provide an explanation of why you did not record all required information at the time the
spray events were conducted and how you determined the start and stop time for each
spray event. Provide in your response how you intend to record and maintain information
in accordance with your permit.
9. Provide a list from the OIC detailing what the steps will betaken to prevent these violations
from occurring in the future.
10. Provide a copy of press release related to the waste discharge and a list of news media to
which it was distributed.
11. Provide a copy of all public notices related to the waste discharge, proof of publication,
and, a list of news media to which it was distributed.
12. Provide DWR with calculation to demonstrate estimation of volume of waste discharge.
These violations and a future violations of permit conditions and North Carolina
Administrative Codes are subject to a civil penalty assessment of not more that twenty-five
thousand ($25,000) per day.

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Mr. Bryan McLamb
July 15, 2020
This office is considering forwarding an enforcement action recommendation to the
Director of the Division of Water Resources regarding these matters. Please send your
written response to the attention of Trent Allen, Fayetteville Regional Office Supervisor at:
225 Green Street
Suite 714
Fayetteville; NC 28301
within twenty (20) days following receipt of this letter. Your written response should
address items 1-12 listed above. This response will be reviewed and considered as a part of
any enforcement recommendation that may be developed.
Failure to comply with the North Carolina Administrative Codes and permit conditions, 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.
If you have any questions concerning this Notice, please do not hesitate to contact Steve Guyton
910-303-0151 or me at [phone].
Sincerely,
'fDa-c-uS_iglne by::
l
5159C2WDDK425...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: AnimalFeedingOperations Program — Central Office
,FRO Compliance Animal Files-Laserfichelj