100021_NOV-2020-PC-0495_20201125

DocuSign Envelope ID: BBAB7609-7985-4C26-8F51-AFC361FBBE5C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Maguire Farm, LLC
Carolina Bay Farms, LLC
Mr. Dallas McQueen Campbell III
1122 Oberlin Road
Raleigh, NC 27605
NORTH CAROLINA
Environmental Quality
November 25, 2020
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2020-PC-0495
Carolina Bay Sow Farm
Permit No. AWS100021
Brunswick County
Dear Mr. Campbell:
On October 20, 2020, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited the Carolina Bay Sow Farm at 2551 Exxum Road in Ash, NC in response
to a reported discharge. As a result of the findings of that visit, you are hereby notified that, having
been permitted to have a non -discharge permit for the subject animal waste management system
pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal
Waste Management Plan (CAWMP) and the Swine Waste System General Permit No.
AWG100000 as follows:
Violation 1: Failure to prevent a discharge of waste into a ditch that drains to Leonard Branch
(15-7-4, C; Sw) in accordance with Condition I.1 of the Swine Waste System General Permit No.
AWG100000. "Waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyance, direct application, and direct discharge or through ditches, terraces, or grassed
waterways not otherwise classified as state waters." On October 20, 2020, DWR staff was onsite
at the Carolina Bay Sow Farm after responding to a complaint regarding a possible discharge.
During the visit to the Carolina Bay Sow Farm, staff found animal waste had entered into a ditch
that drains to Leonard Branch via runoff from the application field. DWR Staff documented the
discharge with pictures and samples.
Required Corrective Action for Violation 1: Take all necessary additional steps to repair the
pivot system and application field to ensure another discharge does not occur.
Violation 2: The facility failed to notify the Division of the discharge in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition III.17. of
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North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: BBAB7609-7985-4C26-8F51-AFC361FBBE5C
Swine Waste System General Permit No. AWG100000. On October 20, 2020, DWR staff
observed the discharge during a site visit in response to a reported discharge. The Division did
not receive notification of the discharge when it occurred.
Required Corrective Action for Violation 2: The facility is required to notify the Division
about any violation that occurs per the conditions of the permit. Discharges occurred on this site
in December of 2018, and on an adjacent farm (AWS100037) under the same management as
this farm in January of 2020, and were not reported to the DWR. Explain why these discharges
were not reported to the DWR as required and list the measures being taken to ensure any future
discharges will be reported.
Required Response:
Please provide a written response to our office within 30 days after receipt of this Notice,
which includes a description of the corrective action(s) you will take or have taken to resolve this
issue and to prevent it from occurring again. Please include in your response a schedule for
completion of any corrective actions not yet addressed. You may wish to contact your County
Soil & Water Conservation District Office, County Extension office, a qualified technical
specialist, and/or a professional engineer for any assistance they may be able to provide you in
order to prevent violations from occurring.
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources for the above noted violations. These violations
may result in civil penalties of up to $25,000 per violation in accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Resources may take further action in
this matter including injunctive relief and permit revocation. DWR will review your
response and you will then be notified of any civil penalties that may be assessed regarding
the violations. If no response is received in this Office within the 30-day period, a civil
penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Chad
Coburn at [e-mail].
Sincerely,
DocuSigned by:
Tom 1)no.,-rel0ti
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Brunswick County Soil and Water Conservation District
WiRO CAFO files/Laserfiche