090068_NOV-2020-PC-0370_20200819

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 20, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 0666
Mrs. Sally T Gooden
PO Box 1242
Elizabethtown NC 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0370
White Bay Nursery Facility Number 09-68
Permit AWS090068
Bladen County
Dear Mrs. Gooden:
On July 8, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the White
Bay Nursery and the permitted waste disposal system. We wish to thank Mr. Ronald Gooden for
his assistance in providing records and being the onsite representative.
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 prevent excessive ponding or any runoff during any given land application event. [ 15A NCAC
02T- .1304(b)] (Permit No. AWG100000 Section Conditions I15).
On July 8, 2020 during a routine compliance inspection site visit, DWR staff noticed evidence of ponded
waste in field next to lagoon. Waste was ponded in several locations in front of gun cart at hydrant IA,
D E Qbi�� 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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Mrs. Sally T Gooden
August 20, 2020
from a spray event on July 7, 2020. Waste had flowed from the field to ditch adjacent to the spray field. In
addition, waste was observed in the farm path going to the fescue field and in the adjacent ditch. DWR
staff suspected that this waste was coming from a broken irrigation line underground. On July 8, 2020
Mr. Gooden informed DWR staff it was a leaking bell joint that was now repaired. Pictures and water
samples were taken of the waste in the ditch.
Required Corrective Action for Violation 1:
If you have not done so, recover all waste and return it to your lagoon or dry areas of your spray field, and
document the amount of waste recovered. In the future, monitor the permitted spay fields and application
equipment during spray events as required by your permit to prevent the discharge of waste. Explain to
the farm manager the importance of reporting to you anytime there is any problems with the waste
collection, treatment, storage and application system operated under this General Permit.
Violation 2:
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 report any failure of any component of the animal waste management system
resulting in a discharge to ditches, surface waters, or wetlands. (Permit AWG No.100000
Section III 17 a.).
e. Failure to report an application of waste either in excess of the limits set out in the
CAWMP or where runoff enters ditches, surface waters, or wetlands. (Permit AWG
No.100000 Section III 17 g.).
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days following first knowledge of the occurrence of a reportable permit
condition. DWR has no record of receiving the 24-hour notification and the 5-day written report
concerning excessive ponded waste and the discharge of waste from your spray field.
On July 8, 2020 during inspection of the spray field and irrigation equipment it was
documented that waste was ponded and runoff into an adjacent ditch. There was enough
evidence that someone should have seen it if they had inspected the fields as required by the
permit. In addition, at the entrance of the fescue field it was documented that waste was ponded
in the farm path and it appeared the waste was coming from under the ground from a broken
irrigation line.

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Mrs. Sally Gooden
August 20, 2020
Required Corrective action for Violation 2:
In the future, read your Permit and train all of your employees of events that require notification
to the Regional Office, and if you observe any of these events noted in the permit, follow the
guidance provided in your permit.
Violation 3:
Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land
application 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. Inspection shall include but not be limited to visual observation of application equipment, spray
fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. (Permit No.
AWG100000 Section II 17).
On July 8, 2020 during your routine compliance inspection, DWR staff was able to document the
violations stated above with very little effort. It is reasonable to assume that whoever operated the waste
application equipment should have seen the ponded waste if they had conducted the 120 inspection as
specified in the permit.
Required Corrective action for Violation 3:
In the future, require the OIC or a person under the supervision of an OIC to inspect the land application
site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP.
Violation 4:
Failure to Maintain the collection, treatment and storage facilities, and the land application
equipment and fields they shall be properly operated and maintained at all times. — [I 5A
NCAC .02T .1304(b)] (Permit AWG100000 Section II 1.).

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Mrs. Sally T Gooden
August 20, 2020
On July 8, 2020 during your routine compliance inspection, it was documented that you had a
reel irrigation system that was broken and could not function. It appeared from the height of the
grass and small saplings around this reel that this reel has not functioned as designed for some
period of time. In addition, it appeared that waste was flowing from underground into the farm
path when the system was pressurized. The failure to maintain the irrigation system caused the
discharge of waste into the farm path and adjacent ditch.
Required Corrective action for Violation 4:
If you have not done so, repair your irrigation system and maintain it and train your employees
on how to operate and maintain the irrigation system as required by your permit.
Vinlatinn 5.
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 not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, the waste may be applied up to thirty (30) days
prior to planting or breaking dormancy. — [15A NCAC .02T .1304(b)]
(Permit AWG100000 Section II 2.).
On July 8, 2020 during your routine compliance inspection site visit, DWR staff documented
with pictures that the spray fields failed to meet this permit condition by having a crop that was
not specified in your facility's CAWMP. DWR staff documented with pictures that there was
not a sufficient stand of Bermuda or fescue as specified in the CAWMP.
Required Corrective Action for Violation 5:
Replant or renovate all fields to the crop specified in the CAWMP. In the fall establish small
grain over seed that will receive waste during the cool season. All crops must be harvested or
grazed. Mr. Gooden has reported that a new outside contractor has been designated to maintain
the spray fields.
Violation 6:
Failure to harvest crops for which animal waste is land applied, removed from the land
application site, and properly managed and utilized unless other management practices are

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Mrs. Sally T Gooden
August 20, 2020
approved in the CAWMP. [15A NCACO2T.0108(b) and .1304 (b)] (Permit AWG100000
Condition II 28).
On July 8, 2020 during your routine compliance inspection site visit, DWR staff documented
with pictures that all of your spray fields failed to meet this permit condition. The over seeded
crop was allowed to mature and produce grain in addition it had not been harvested.
Required Corrective Action for Violation 6:
If you have not done so harvest and remove your winter over seeded crop from your Bermuda
fields. In the future harvest your winter over seed and don't allow your winter over seed to
mature and produce seed.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (September 20, 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.
You are required to take any necessary action to correct the above violations on or before
September 20, 2020 and to provide a written response to this Notice by September 20, 2020.
Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.

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Mrs. Sally T Gooden
August 20, 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 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 [phone]
or me at [phone].
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Smithfield Farms