090159_NOV-2021-PC-0209_20210528

4�Lu
ROY COOPER s
Governor c y
.,��•� `tea
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
May 28, 2021
CERTIFIED MAIL 7010 1870 0003 4775 0563
RETURN RECEIPT REQUESTED
Big Bay Nursery LLC
818 S Poplar St.
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-PC-0209
Big Bay Nursery Facility No. 09-159, Permit No. AWS090159
Bladen County
Dear Mr. Steve Campbell:
On February 9, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Big Bay Nursery and the permitted waste disposal system.
We wish to thank Mr. Nathan Bridges, who were present and assisted during the 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 properly operate and maintain the land application equipment and spray fields (Permit No.
A WG 100000 Section II 1).
On February 9, 2021, DWR staff documented that the underground pipe located between hydrant 20 and
21 was broken (leaking), waste was coming to the surface. Waste has collected along the edge of the
spray field and in the woods. The waste was documented by pictures and waste samples taken on
February 10, 2021. The waste did not reach waters of the state based on the water samples.
E
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office 225 Green Street. Suite 714 Fayetteville. North Carolina 28301
Q10.433.3300
DCgttVnen% of Environmental Qwal

Page 2
Steve Campbell
May 28, 2021
Required Corrective Action for Violation 1:
If you have not done so, repair the irrigation system as noted in the inspection, and in addition, all waste
should have been recovered and returned to the lagoon. In the future, you must maintain your waste
application equipment at all times.
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:
g. 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 pei iuit
condition. DWR has no record of receiving the 24-hour notification and the 5-day written report
concerning the broken irrigation line.
On February 9, 2021, DWR staff documented the below ground pipe between hydrant 20 & 21 was
leaking below ground, with waste ponded along the edge of the field and in the woods. The leaking pipe
allowed excess waste to enter the spray field which resulted in ponding and runoff.
Required Corrective Action for Violation 2:
In the future, train all of your employees the events that require notification to the Regional
Office. If you observe any of the events noted in the permit, follow the guidance provided in
your permit.
NA
6.4rtment a fmimnmennt OuSH 10"*"
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office l 225 Green Street, Suite 714 • Fayetteville, North Carolina 28301
910.433.3300

Page 3
Mr. Steve Campbell
May 28, 2021
Violation 3:
In no case shall land application result in excessive ponding or any runoff during any given application
event [15A NCAC 02T .1304(b)] (Permit AWG100000 Section II 5).
On February 9, 2021, DWR staff documented with pictures that several hydrant locations had excessive
ponding from a recent spray event. In addition, ponding with runoff front the broken pipe was
documented also.
Required Corrective action for Violation 3:
DWR understands the above average rain fall for the year 2020, but you need to review your Waste
Utilization Plan (WUP) and your staff management of crops planted and decisions on when to apply
waste with training of your employees concerning proper waste application and inspections of your entire
Waste collection system and application system.
Violation 4:
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. 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 No. AWG100000 Section II
17).
On February 9, 2021 during your routine compliance inspection, DWR staff walked your spray field and
with little effort found the ponded waste and the leaking pipe. The last spray event was on January 23,
2021 which is an indication that you or your employees had not inspected the spray field as required by
your permit. The ponded waste would have been easier to spot during the spray event. In addition, your
Technical Specialist was not aware of this issue prior to the inspection
Department of Environmental oeaf�
North Carolina Department of Environmental Quality 1 Division of Water Resources
Fayetteville Regional Office 225 Green Street. Suite 714 Fayetteville. North Carolina 28301
9i0.433.3300

Page 4
Mr. Steve Campbell
May 28, 2021
Required Corrective action for Violation 4:
In the future, you as the OIC or a person under the supervision of the OIC are required to inspect the land
application site as often as necessary to ensure that the animal waste is land applied in accordance with
the CAWMP. In addition, as the OIC you are required to inspect all waste application events within 24
hours of the event if you were not on site during the inspection. You may want to consider having your
employee acquire their OIC License.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items within 30 days of receipt of this letter:
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. Provide documentation that the irrigation has been repaired.
You are required to take any necessary action to correct the above violations on or before 30 days
from receipt of this letter and to provide a written response. 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 States 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.
Oepart oomt of Er ...commie Qnalll
I E
NC.R7 NA
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office j 225 Green Street. Suite 714 Fayetteville. North Carolina 28301
910.433.3300

Page 5
Mr. Steve Campbell
May 28, 2021
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]
cell No. or at steve.guyton'a ncdenr.aov.
Sincerely,
, ---DocuSignedd by:
\-5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc. FRO Compliance Animal Files-Laserfiche
Prestage Farms
Deportment of fnrlronmenfak Eittenti-
NA
North Carolina Department of Environmental Quality 1 Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 714 Fayetteville. North Carolina 28301
910.433.3300