100021_NOV-2021-PC-0228 Response_20210601

KAIZEN FARMS
June lst, 2021
North Carolina Department of Environmental Quality
Division of Water Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Attention Mr. Tom Tharrington:
CC: Brunswick County Soil and Water Conservation District
Subject: In response to the Notice of Violation
Administrative Code 15A NCAC 2T .1304
NOV-2021-PC-0228
Carolina Bay Farms, LLC
Permit AWS 100021
Brunswick County
Mr. Tharrington,
Please let this letter serve as our official response to the notice of violation we received dated April 19,
2021 (NOV-2021-PC-0228) for the above referenced incident.
Response to Violation #1:
We respectfully disagree with the DWR staffs conclusive assumption that there was an over application
event. Kaizen's staff was onsite throughout the previous day's pumping event and they were
monitoring the fields and ditches for runoff throughout the day and the pumping event and no runoff
was observed. Kaizen staff also made a final inspection at the end of the pumping day and there was no
runoff observed.
1 would also like to note the record rainfall for the period including 2020 and early 2021. This was an
extraordinary set of events with rainfall. We have attached details of this for your information. We
acknowledge that this is part of the business at times and that we must manage this, thus the reason for
the money we have invested and continue to invest. Even considering the excessive rainfall, Kaizen staff
was monitoring the fields and observed no runoff during and after the event. While DWR has provisions

to help operators during events like hurricanes, we have found the excessive rainfall events over an
extended period of time can be just as challenging to our operations as a hurricane event, but DWR has
no provisions for assisting the operators in managing through these unusual excessive rainfall events.
Corrective Action for Violation if 1:
• Kaizen has invested over $28,497.60 to improve the spray fields and is still spending at the
moment. This does not include work that our inhouse team has performed. Invoices are
attached.
o We have spent money on rock to upgrade and harden the surface for the center pivot
o There has been 420 Tons of rock used for this project
o Please note on the invoices that this project started way before the event of the NOV as
we were being proactive. The completion was delayed somewhat because of rain. Note
rainfall recording for February of 2021.
o A dam was installed based off of a suggestion from Sam Edwards with Soil and Water. A
picture is attached. We will close the dam during pumping events as a precaution.
Response to Violation #2:
We respectfully disagree with the DWR staffs assessment that we failed to monitor the land application
site. As stated in our response to Violation #1 above, Kaizen's staff was onsite throughout the previous
day's pumping event and they were monitoring the fields and ditches for runoff throughout the day and
the pumping event. Kaizen staff also made a final inspection at the end of the pumping day and there
was no runoff observed. We inspect and are aware of the surroundings as a part of normal day to day
operations with the lagoons and spray fields. Our records of which we have supplied also support that
we are routinely aware of the most current rain events, freeboard levels, and land observation.
Corrective Action for Violation # 2:
• Even though our Kaizen staff inspected the land application area before and after the pumping
event, we feel with the spray field improvements listed above in our response to Violation #1, we
will be better equipped to deal with excessive rainfall events in the future that affect our land
applications.
Response to Violation #3:
• The waste -level gauge was in fact in place the day before this incident occurred. It was accidently
knocked down the day prior to this incident by a boat that was removing a recycle pump from the
lagoon. We would respectfully ask for your additional consideration on this violation given that
the gauge was only "not in place" for less than 24 hrs. It was immediately reinstalled as soon as
we completed dealing with this incident which was a higher priority to us all.

Corrective Action for Violation #3:
• The waste -level gauge was knocked down by mistake the day before the event was reported. It
was immediately reinstalled.
Response to Violation #4:
• We respectfully disagree with the DWR staffs conclusion that the above referenced event
discharged greater than 1000 gallons into Leonard Branch and therefore we did not file a report
with the media because our estimate did not meet the 1000 gallons threshold. As DWR staff is
likely well aware, accurately estimating how many gallons was discharged into Leonard Branch
after the fact is nearly impossible to assess. Kaizen staff has always followed this rule in past
events when the discharge amount met the required reporting amount, but in this case our
calculations determined the amount was well below the 1000-gallon threshold. Kaizen has no
problems filing press releases when we feel the gallons discharged meets the statutory
requirement for a press release.
Corrective Action for Violation #4:
• The occurrence on March 10th took about an hour to clean up. In fact, we had just started prior
to the arrival of the inspector. The area of concern was full of fresh water and it took little time
to remove the "pink/red water" that was sitting on top. There was never a discussion with the
inspector about the volume of waste being over 1000 gallons and based off of the clean-up time
it would suggest that there was less than 1000 gallons therefore eliminating the need for a press
release. Kaizen staff estimated that 561 gallons was the amount discharged, if that. It would be
helpful in the future, if DWR staff would share with the operator their estimated discharge gallons
on the day of the event so if there is a disagreement, there is time to work through this together
before the time to file a press release passes.
Summary:
Kaizen operates 11 different sites across eastern North Carolina and takes great pride in caring for these
facilities and the environment around them. We have not had anywhere near the problems with our
other facilities as we have had with this site and this is primarily due to the repetitive excessive rainfall
events. We invest hundreds of thousands of dollars per year in equipment improvements, land
improvements, etc. to make sure we have the necessary tools to meet the state of NC requirements for
our permit, but also to be good neighbors and good operators. Over the past 5 years, eastern North
Carolina and especially this farm site, has experienced record rainfall amounts that have been just as
devastating and impactful as a hurricane. In 2018 alone, this area saw 100+ inches of rain which is over
220%+ the normal avg rainfall. Preceding this incident, in late 2020 and early 2021 we are told this area
experienced the highest level of rainfall ever recorded for a 2-month period. I am not sharing these

numbers and facts to give excuses as we will never stop doing all we can to prevent any and all future
runoffs, but these facts and circumstances can't be ignored as contributing factors to these incidences.
Excessive rainfalls in an area and consecutive back-to-back rainfall events without enough time to dry in
between can negatively impact our ability to manage our lagoon levels. We would ask that as you consider
whether to assess a civil penalty, that you take these circumstances into account. We would also ask you
to consider the impact any civil penalties might have on improving the environment or our facility. If there
are additional investments and improvements that your staff feels that we should make to improve our
farm and the surrounding environment in lieu of a civil penalty, we would welcome the opportunity to
meet with DWR staff to determine such an amount to invest for the betterment for all involved. We stand
willing and ready to implement these additional improvements and investments as a way to further
improve our facility and protect the environment. This would be a much better use of funds compared to
a civil penalty.
We thank you in advance for your time and consideration and look forward to continuing to work closely
with you in the future.
Respectfully,
1F eliae17eaelserq
Director of Operations
910-379-8822 Mobile
[e-mail]
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