100021_PC-2021-0015 CPA F&D_20220224

DocuSign Envelope ID: OED844CA-9A5F-43A0-86F0-FE9916C47879
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BRUNSWICK
IN THE MATTER OF
MAGUIRE FARM, LLC
CAROLINA BAY FARMS, LLC
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
FILE NO. PC-2021-0015
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, I, Jeff Poupart, Chief of the Water Quality
Permitting Section of the Division of Water Resources (DWR), make the following:
I. FINDINGS OF FACT:
A. Carolina Farms, LLC owned and operated Maguire Farm, LLC, a swine animal feeding
operation located at 2551 Exxum Rd. in Brunswick County.
B. Carolina Bay Farms, LLC was issued Certificate of Coverage AWS100021 under North
Carolina Swine Waste Management System General Permit AWG100000 for Maguire
Farm, LLC on October 1, 2019 effective from the date of issuance, with an expiration date
of September 30, 2024.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of
the following activities unless the person has received a permit from the Commission and
has complied with all the conditions set forth in the permit: Cause or permit any waste,
directly or indirectly, to be discharged to or in any manner intermixed with the waters of
the State in violation of the water quality standards applicable to the assigned
classifications or in violation of any effluent standards or limitations established for any
point source, unless allowed as a condition of any permit, special order or other appropriate
instrument issued or entered into by the Commission under the provisions of this Article."
D. Condition I.1. of the General Permit AWG100000 states that "Any discharge of waste that
reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct
discharge or through ditches, terraces, or grassed waterways not otherwise classified as
state waters." — [G.S. §143-215.10CJ
E. On October 20, 2020, Division staff conducted an inspection of Carolina Bay Farms, LLC
in response to a public complaint of a potential discharge. Division staff documented with
photographs that the wheel of a center pivot waste application system had become stuck
due to saturated conditions, leading to the ponding of waste in the field. Waste was
documented entering a roadside ditch adjacent to Exxum Road. Waste flowed north
through this ditch to where it ultimately discharged to a large wetlands area and into
Leonard Branch.

DocuSign Envelope ID: OED844CA-9A5F-43A0-86F0-FE9916C47879
F. Permit Condition 111.17. of the General Permit states "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 the first knowledge of the occurrence of any
of the following events: (a) Failure of any component of the animal waste collection,
treatment, and storage and land application system resulting in a discharge to surface
waters. — [15A NCAC 02T .0108(b)J
G. On October 20, 2020, Division staff conducted an inspection of Carolina Bay Farms, LLC
in response to a public complaint of a potential discharge. Division staff documented with
photographs that the wheel of a center pivot waste application system had become stuck
due to saturated conditions, leading to the ponding of waste in the field. Waste was
documented entering a roadside ditch adjacent to Exxum Road. The Division received no
prior notice of the discharge.
H. On November 25, 2020, the Division issued a Notice of Violation with intent to enforce
(NOV/NOI) through the civil penalty assessment process to Maguire Farm, LLC,
identifying violations of N.C.G.S. 143-215.1 and the General Permit AWG100000.
L The NOV/NOI was sent by certified mail, return receipt requested, and a response was
received on December 29, 2020. The certified mail was never signed for.
J. The cost to the State of the enforcement procedures in this matter totaled $1,218.50.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carolina Bay Farms, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. Unnamed tributary Leonard Branch constitutes waters of the State within the meaning of
G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The conditions described in Findings of Fact I.E. constituted cause or permit waste to be
discharged to waters of the State for purposes of G.S. 143-215.1(a)(1), for which Maguire
Farm, LLC did not have a permit as required by G.S. 143-215.1.
E. The above -cited failure (Findings of Fact I.G) to provide notification to the Regional Office
violated Condition IIL17 a. of the General Permit AWG100000.
F. Carolina Bay Farms, LLC may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who is
required but fails to apply for or to secure a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Carolina Bay Farms,
LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Chief of the Water Quality Permitting Section, Division of Water Resources, pursuant
to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter.

DocuSign Envelope ID: OED844CA-9A5F-43A0-86F0-FE9916C47879
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Carolina Bay Farms, LLC, owner of Maguire Farm, LLC at the time of the
noncompliance is hereby assessed a civil penalty of:
$8,000.00
$5,000.00
$13,000.00
$1,218.50
$14,218.50
For violation of Condition I.1 of General Permit AWG100000 for
discharge of animal waste to Waters of the State without a permit as
required by G.S. 143-215.1.
For violation of Condition III.17.a. of the General Permit AWG100000 for
failure to report by telephone to the appropriate Division Regional Office
as soon as possible, but in no case more than twenty-four (24) hours first
knowledge of a discharge of waste.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have not
yet been assessed.
V TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Carolina Bay
Farms, LLC in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
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(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources