100021_NOV-2021-P-0228_20210419

DocuSign Envelope ID: BO4CC2B9-A65D-4C07-B614-91058CD40A18
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 19, 2021
CERTIFIED MAIL 7018 1830 0000 9681 5982
RETURN RECEIPT REQUESTED
C Bay Farms, LLC
Mr. Dallas McQueen Campbell III
1122 Oberlin Road
Raleigh, NC 27605
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2021-PC-0228
Carolina Bay Farms, LLC
Permit No. AWS100021
Brunswick County
Dear Mr. Campbell,
On March 10, 2021, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited Carolina Bay Farms, LLC at 2551 Exum 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 from spray fields into 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 March 10, 2021, DWR staff was onsite at Carolina Bay Farms, LLC after receiving notice of
a discharge from the OIC. During the visit to Carolina Bay Farms, LLC, staff found animal waste
had entered into Leonard Branch due to over application to the spray field that was already
saturated. DWR Staff documented the discharge with pictures and samples.
Required Corrective Action for Violation 1:
Take all necessary additional steps to repair the application field and prevent over application to
an already saturated field to ensure another discharge does not occur.
DE
NORTH CAROLINA �7/
Drortbnent.! Environmental Quad
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office l 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

DocuSign Envelope ID: BO4CC2B9-A65D-4C07-B614-91058CD40A18
Violation 2: Failure to inspect the land application site as often as necessary to ensure that
the animal waste is land applied in accordance with the CAWMP per Condition II.17 of the
Swine Waste System General Permit No. AWG100000. Inspection shall include but not be
limited to visual observation of application equipment, land application area, subsurface
drain outlets, ditches, and drainage ways for any discharge of waste. — [15A NCAC
8F .0203(b) and 15A NCAC 02T .0108(c)]
Required Corrective Action for Violation 2:
Inspect the application field prior to irrigation to ensure another discharge does not occur.
Submit all monitoring records as required by Section III. of the Swine Waste System General
Permit No. AWG100000 for the months of February 2021 and March 2021.
Violation 3: The facility failed to maintain a waste -level gauge in the lagoon in accordance
with Condition III.2. of Swine Waste System General Permit No. AWG100000.
On March 10, 2021, the Division noted the absence of a waste -level gauge during a site visit in
response to a reported discharge.
Required Corrective Action for Violation 3:
The DWR staff was notified on March 16, 2021 by a representative of the Division of Soil and
Water Conservation that a new lagoon marker had been installed. In the future, a waste -level
gauge must be maintained at all times in accordance with Swine Waste System General Permit
No. AWG100000. Submit all monitoring records as required by Section III. 2. of the Swine
Waste System General Permit No. AWG100000 for the months of February 2021 and March
2021.
Violation 4: Failure to issue a press release in accordance with Condition III. 19 of the
Swine Waste System General Permit No. AWG100000.
On March 10, 2021, the DWR staff observed animal waste discharged into Leonard Branch due to
over application to spray fields. Samples from Leonard Branch document highly elevated fecal
coliform levels at least 1400 linear downstream from the discharge. The DWR staff observations,
pictures, and sample results are indicative of a discharge greater than 1,000 gallons.
Required Corrective Action for Violation 4:
Submit all documentation used to estimate the amount of waste that was discharged during this
event. In addition, submit all irrigation and lagoon level records for the months of February and
March 2021. In the future, take all necessary steps to document and determine whether or not a
press release is required in accordance with Swine Waste System General Permit No.
AWG100000.
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 these issues and to prevent them from occurring again. Please include in
your response all of the data and documentation as listed in the "Required Corrective Actions"
above, as well as a schedule for completion of any corrective actions not yet addressed. You may
D_E
NORTH CAROLINA
Deamhnent of Environmental llualiry
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

DocuSign Envelope ID: BO4CC2B9-A65D-4C07-B614-91058CD40A18
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. 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 [phone].
Sincerely,
DocuSigned by:
Toµ .Thau-re;v3t0e,
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfische AWS100021
Brunswick County Soil & Water
Sam Edwards — NC Department of Agriculture
D_E
NORTH CAROLINA
Deamhnent of Environmental llualiry
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215