820044_NOV-2020-PC-0044_20201019

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 19, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 4435
Mr. Homer G Baggett Jr.
1145 Feedmill Rd.
Roseboro NC 28382-7147
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0441
Incident No. 202002635
Gary Baggett & Son Facility Number 82-44
Permit AWS820044
Sampson County
Dear Mr. Baggett Jr.:
On September 16, 2020, staff of the NC Department of Environmental Quality (DEQ) Division
of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected
the Gary Baggett & Son and the permitted waste disposal system. We wish to thank Mr. Baggett
for his assistance during this 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 prevent excessive ponding or any runoff during any given land application event. [ 15A NCAC
02T- .1304(b)] (Permit No. AWG100000 Section Conditions II 5).
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
vOry rN Cx:40:.itiA �
u.p.—l. E..w..�..�.�a.:r� /� 910.433.3300

Page 2
Mr. Baggett Jr.
October 19, 2020
On September 16, 2020, DWR staff received an anonyms compliant about waste ponded in your field and
that you were still pumping in this area of the spray field. DWR staff documented that waste was ponded
in your spray field, but did not see any waste leaving the field. There was a fair crop of millet growing
except in the low area of the field which had drowned due to the recent rain events. In addition, this is the
area that the waste had flowed to during the spray event you had just concluded prior to our arrival. You
stated the Bermuda had failed and you planted millet without changing your Waste Utilization Plan
(WUP).
Required Corrective Action for Violation 1:
In the future, monitor the permitted spay fields and application equipment during spray events as
required by your permit to prevent the ponding and runoff of waste.
Violation 2:
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 September 16, 2020 during the compliance inspection, DWR staff was able to document the ponded
waste in the field with very little effort. It was stated that you also saw the waste ponded in the field. You
explained to DWR staff that you were concerned about the forecasted rain event and the current level of
your lagoon. Due to the rain events you have not been able to harvest your corn which limited the spray
fields you could pump on.
Required Corrective action for Violation 2:
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.
This means they must go into the field and inspect the application site to make sure it is not ponding and
running off and the irrigation equipment is operating as designed.
Violation 3:
Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land
application fields. [15A NCAC 02T.1304(b)]. (Permit No. AWG100000 Section II 2).

Page 3
Mr. Baggett Jr.
October 19, 2020
On September 16, 2020, DWR documented that you stated your Bermuda crop had failed in the
field with the ponded waste. You had planted millet as your crop but failed to have a Technical
Specialist make the change in your CAWMP.
Required Corrective action for Violation 3:
In the future if you have a crop failure, seek the advice of your Technical Specialist and Regional
Agronomist for a replacement crop. By doing so you will know the PAN rate and pumping
windows for any new crop. Have a Technical Specialist review your current crops and your
WUP and adjust it accordingly per your Permit requirements.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (November 19, 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. Documentation that you have contacted your Technical Specialist and you have amended
your WUP as required by your permit.
You are required to take any necessary action to correct the above violations on or before
November 19, 2020 and to provide a written response to this Notice by November 19, 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.

Page 4
Mr. Baggett Jr.
October 19, 2020
If you have any questions concerning this Notice, please contact Steve Guyton [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