100021_NOV-2019-PC-0052_20190301

= DocuSign Envelope ID: 08F71351-F016-4B8F-9855-0661621733FF
t.
ROY'COOPER
Govemor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 1, 2019
CERTIFIED MAIL. 7017 1450 0000 3937 2762
RETL-RN RECEIPT REQUESTED
Mr. McQueen Campbell
Maguire Farm LLC
PO Box 2979
Elizabethtown, NC 28337
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2019-PC-0052
Administrative Code 15A NCAC 2T .1304
Carolina Bay Farms, LLC
Permit No. AWS 100021
Brunswick County
Dear Mr. Campbell:
On December 18, 2018,,staff from the Wilmington Regional Office (WIRO) of the Division of
Water Resources (DWR) visited and inspected the Carolina Bay Farms, LLC sow farm in response
to a complaint. We appreciate Ms. Maria Carroll being present and assisting us with portions of
the inspection.
As a result of the findings of that inspection, 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 or application of waste to a ditch that drains to surface waters or
wetlands in accordance with Condition I.1 of the Swine Waste System General Permit No.
AWG100000.
Upon arrival at the farm on December 18, 2018, DWR staff inspected roadside ditches adjacent to
the farm and discovered animal waste running off from the center pivot land application field into
the roadside ditch along the southwest side of Exum Road. Animal waste was also running through
a road culvert to a ditch that leads to Leonard Branch on the northeast side of Exum Road.
EIE=�" ., , North Carolina Department of Environmental Quality. I Division of Water Resources
` (��?:r`.''./l�l��' wlimington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Caroilna 28405
910.796.7215

DocuSign Envelope ID. 08F71351-F016-4B8F-9855-0661621733FF
NOV-2019-PC-0052
March 1, 2019
Violation 2:
Failure to apply waste at a rate that -would prevent excessive ponding or runoff in accordance with
Condition 11.5 of the Swine Waste System General Permit No. AWG100000.
Upon arrival at the farm on December 18, 2018, DWR staff inspected roadside ditches adjacent to
the farm and discovered animal waste running off from the center pivot land application field into
the roadside ditch along the southwest side of Exum Road. Animal waste was found to be ponded
in several areas in the irrigation field and was also running through a road culvert to a ditch that
leads to Leonard Branch -on the northeast side of Exum Road.
Violation 3:
Failure to prevent the application of waste onto land that is flooded, saturated with water,. frozen
or snow covered at the time of land application in accordance with Condition II.21 of the Swine
Waste System General Permit No. AWG100000. ,
During the site visit on Tuesday, December 18, 2018) DWR staff walked portions of the center
pivot irrigation field. Wastewater was observed to be ponded in several areas and the field was
visibly saturated. At that time, Ms. Maria Carroll indicated that the last pumping event had
occurred on Thursday, December 13, 2018. Ms. Carroll updated DWR during a site visit. the
following day to indicate that the most recent pumping event had occurred on Monday, December
17, 2018. Irrigation records that were later provided show that 212,640 gallons of wastewater
were irrigated on December 14, 2018 and 159,480- gallons of wastewater were irrigated on
December 17, 2018. Rainfall records provided for the farm indicate that 1.0 inch of rain fell
between December 13 and -17, 2018., However, the response to -the discharge entitled "Report
After Wastewater Discharge Occurring,on 12/18/18" indicated that "approximately 2.5 inches of
rain fell at the farm over the weekend prior to the discharge. -Ground was over -saturated and when
the last pumping event happened on Monday, December'17 from loam to 1pm, runoff into the
ditches occurred in 3 places."
Violation 4:
Failure to notify the Regional Office regarding the application of waste in -.excess of the limits set
out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters ditches,
surface waters or wetlands in accordance with Condition 1I1.13.g of the Swine Waste System
General Permit No. AW G 100000.
No notification was provided to the Regional Office by the facility's owner or employees regarding
the discharge.

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ff- ocuSign Envelope ID- 08F71351-F016-4B8F-9855-0661621733FF
f°
NOV-2019-PC-0052
March 1, 2019
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action(s) you will take or have taken
to resolve this issue and to prevent it from occurring again. Please include in your response a
schedule for completion of any corrective actions not yet addressed. You may 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 you wish to provide additional information regarding the noted violations or discuss overall
compliance, please respond in writing within ten (10) business days after receipt of this Notice.
DWR will review you response and you will then be notified of any civil penalties that may be
assessed regarding the violations. If no response is received in this -Office within the 10-day
period, a civil penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Kristin
Miguez at [phone].
[KIDABA14AMC434
DocuSigned b_r 'y::'"Sincerely, 6� S 7—U"
...
Morella Sanchez -King, Interim Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CAFO Unit
Kraig Westerbeek, Murphy -Brown LLC
Sam Edwards, NCDA
Geno Kennedy, Agriment Services
Mamie Caison, Brunswick County Soil and Water Conservation District
D WR12r-4 , - -o anal ' >71,es ]:0�21
G:\WQ\Shared\ANIMALS\ENFORCEMENTS and NOTICES\BRUNSWICK\2018\10-21 NOVREF