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Home My WebLink About090166_NOV-2021-PC-0265_20210528ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director �ll !^. 7 4 G`f NORTH CAROLINA Environmental Quality May 28, 2021 CERTIFIED MAIL 7020 0090 0001 7206 9528 RETURN RECEIPT REQUESTED Crooked Branch Nursery LLC 818 S Poplar St. Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 NOV-2021-PC-0265 Crooked Branch Nursery Facility No. 09-166, Permit No. AWS090166 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 Crooked Branch 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 one of your solid set risers was broken and failed to be repaired. Ponded waste was documented around the riser with pictures. Based on the pictures taken of the other sprinklers that were operating at the same time, you can tell that they operated at low pressure which caused a distinct circle around each sprinkler. The last irrigation event recorded was several days prior to the inspection. 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. Q_E D6pRICn9M of Emkunme.1 QWI \\r/ North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street. Suite 714 Fayetteville, North Carolina 28301 910.433.3300 Page 2 Steve Campbell May 28, 2021 Violation 2: In no case shall land application result in excessive ponding or any runoff during any given application event [15A NCAC 02T .1304(b)] (Permit AWG 100000 Section II 5). On February 9, 2021, DWR staff documented with pictures that a solid set riser was broken and allowed to operate for some time. This caused ponding around riser with runoff to another area of the field. This happened more than 24 hours prior to the inspection. Required Corrective Action for Violation 2: DWR understands the above average rain fall for the year 2020, but you need to review your Waste Utilization Plan (WUP) with your Staff. Training of your employees concerning proper waste application and inspections of your entire Waste collection system and application system prior to during and after each spray event is very important to prevent violations of 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. 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 broken riser. The last spray event was more than 24 hours prior to this inspection which is an indication that you or your employees had not inspected the spray field as required by your permit. In addition, your Technical Specialist was not aware of this issue prior to the inspection. Required Corrective action for Violation 3: In the future, you as the OIC or a person under the supervision of the 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. 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 waste application events. CAPCf NA �EQ OCpiNpMt 0! EMttarn/iN2) 0.a 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 Page 3 Mr. Steve Campbell May 28, 2021 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 the 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 copies of your IRR 1 and IRR 2 records for the winter crop starting in September 2020 through April 2021. 4. Provide documentation that the riser has been fixed. 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 to this Notice within 30 days of receipt of this letter. 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. If you have any questions concerning this Notice, please contact Steve Guyton at (910) 303- 0151cell No. or at steve.guvton(dncdenr.gov. DE Oepartmant of Elwtroremenlat Oml North Carolina Department of Environmental Quality i Division of Water Resources Fayetteville Regional Office 1225 Green Street. Suite 714 Fayetteville, North Carolina 28301 910.433.3300 Page 4 Mr. Steve Campbell May 28, 2021 Sincerely, r—DocuSigdd neby: "k �— 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc. FRO Compliance Animal Files-Laserfiche Prestage Farms North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office ( 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 910.433.3300