820044_NOV_20201019

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROL1NA
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. A WG 100000 Section Conditions II 5).
r cr tE. i a : E�lia��a DoOJrt..nero ; (Eratirnr?aner�i °i! OU Jiit y Division of titi,at'er Res fl r ce5
Fayetteville Regional Of?;ce ? z5 Green Street, Suite 71t rvcte' ille North Cacolinn 28701
-5.41 �._-t1'.nd�L'•t lju3:�tY

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.

(ZLVLI VCL)
DECK/DINR
NOV 1 8 2020
11/12/20
'AYETTEVIL!_F RFGIQNA! OFFICE
Notice of Violation Response (82-102)
Dear Mr. Allen,
The discharge of waste from my risers at time of inspection was due to several risers
being hit by the hay contractor. We immediately moved dirt to prevent any run-off from
the field. I also made immediate repairs to the broken risers, using schedule 80 PVC pipe.
I tested system two days after repairs were made to make sure my entire solid set system
was operating correctly. I plan to also fix my solid set system so that I can cut system off
by zone when irrigating.
Thank you,
Jimmy Best

l•100—�v.v-rc-oily
Type of Visit: eSCompliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: 0 Routine Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit:
Farm Name:
Owner Name:
/4--R);13t7 Arrival Time:
7,x,,the--
-r,,
Departure Time:
Mailing Address:
Physical Address:
Facility Contact:
c
Owner Email:
Phone:
County:
Region:
Onsite Representative:
Certified Operator:
Back-up Operator:
Location of Farm:
Title: Lg9-n V
Phone:
.5'---
Latitude:
Integrator:
Certification Number:
Certification Number:
Longitude:
w `/
Design Current
Capacity Pop.
Wean to Finish
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Boars
Other
Other
Wet Poultry
Design Curren
Capacity Pop.
Layer
Non -Layer
Cattle
Design Curren
Capacity Pop.
Dairy Cow
Dairy Calf
Dairy Heifer
Dry Cow
Non -Dairy
Beef Stocker
Beef Feeder
Beef Brood Cow
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWR)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
❑ Yes Io ❑ NA ❑ NE
▪ Yes ❑No ❑NA ❑NE
❑ Yes El No ❑NA ❑NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes lE to ❑ NA ❑ NE
❑ Yes o ❑ NA ❑ NE
Page 1 of 3
2/4/2015 Continued

Waste Collection & Treatment
Date of Inspection: 9 —// `, „ �?
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
a. if yes, is waste level into the structural freeboard?
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
es ❑No NA ❑NE
fYes 0NA ❑NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
5. Are there any immediate threats to the integrity of any of the structures observed?
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR
n Yes
❑ NA ❑ NE
7. Do any of the structures need maintenance or improvement?
8. Do any of the structures lack adequate markers as required by the permit?
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
maintenance or improvement?
II. Is there evidence of incorrect land application? If yes, check the appropriate box below.
❑ Yes Io ❑ NA ❑ NE
[Yes ❑ No D NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes J o ❑ NA ❑ NE
Yes
❑ NA
❑ NE
QJYes ❑No ❑NA ❑NE
Excessive Ponding n Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
n Outside of Acceptable Crop Window ❑ Evidence of Wind Drift n Application Outside of Approved Area
12. Crop Type(s):
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP?
15. Does the receiving crop and/or land application site need improvement?
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
acres determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
the appropriate box.
❑WUP ['Checklists ❑ Design ❑ Maps n Lease Agreements
21. Does record keeping need improvement? If yes, check the appropriate box below.
❑ Waste Application n Weekly Freeboard ❑ Waste Analysis n Soil Analysis
Yes
ayes
❑ Yes
No
❑ No
Ei 'v
❑ NA
❑ NA
❑ NE
❑ NE
❑ NA ❑NE
❑ Yes ❑No ❑NA Q`NE
❑ Yes Q`No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA
❑ Yes ❑ No ❑ NA
['Other:
❑ Yes ❑ No ❑ NA I ' E
lalct
NE
❑ Waste Transfers
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections
22. Did the facility fail to install and maintain a rain gauge?
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
Page 2 of 3
❑ Weather Code
❑ Sludge Survey
❑ Yes ❑ No ❑ NA ❑" NE
❑ Yes ❑ No ❑ NA [ "`1'E
2/4/2015 Continued

Facility Number: g- - 111
!Date of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit?
0 Yes No ❑ NA • NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No ❑ NA [] NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey n Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge? 0 Yes ❑ No ❑ NAiE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? 0 Yes ❑ No ❑ NA El -NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document 0 Yes ❑ NA ❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes [n No 0 NA ❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the n Yes 0 No 0 NA ❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. 0 Yes 121/No 0 NA 0 NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes [] No ❑ NA 0 NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes ONo 0 NA ❑ NE
34. Does the facility require a follow-up visit by the same agency? es ❑ No ❑ NA 0 NE
Comments (refer to question #) Vcpla n a S answers a
Use drawings of facility to better explain situations (use addit
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At-
Reviewer/Inspector Name:
Reviewer/Inspector Signature:
Page 3 of 3
Phone:
Date:
2/4/2015

Facility No. '7—/�>�' Time In /� TimaDut r��/)<-- Dote
Fonn Noma e Integrator
Owner Site Rep
Operator No.
Bach -up
COC
Circle:
General
or
No.
NPDE8
Design
Current
Design
Current
VVeon—Foad
Farnow—Feed
Wean — Finish
Farrow — Finish
Feed— Finish
Gilts /Boars
Farrmw—VVean
[thona
FREEBOARD: Design
Sludge Survey
Observed Calibration/GPM
Waste Transfers
Rain Breaker
Soil Test Wettable Acres PLAT
Weekly Freeboard Daily Rainfall 1'in Inspections
8proy/FraeboardOrnp
Weather Codes 120min Inspections
Waste Analysis:
Date Nitrogen (N)
Crop Yield
Rain Gauge
Nitrogen (N)
Pull/Field
Soil
Crop
Pen
Window
^��^