310160_Complaint_20190707

Facility Number L2� -
W Division of Water Resources
0 Division of Soil and Water Conservation
0 Other Agency
Reason for Visit�C6 Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: [�= Departure Time: I O County: Region:
Farm Name:
Owner Name:
Mailing Address:
Physical Address:
Facility Contact:
Owner Email:
Phone:
Title:
r'r
OnsiteRepresentative:w,1��
0
Certified Operator:
Back-up Operator:
Location of Farm:
Swine
to Finish
to Feeder
rto Finish
v to Wean
v to Feedei
v to Finish
Other
Other
Latitude:
Phone:
Integrator: s�
Certification Number: I� y/
Certification Number:
Design Current Design Current
Capacity Pop. Wet Poultry Capacity Pop.
IN
Non--
La er
Poults
Design Current
Longitude:
Design Current
Cattle Capacity Pop.
Dairy Cow
Dairy Calf
Dairy Heifer
Dry Cow
Non -Dairy
Beef Stocker
Beef Feeder
Beef Brood Cow
Discharges and Stream Impacts
Yes
1. Is any discharge observed from any part of the operation?
❑ No
❑ NA
❑ NE
Discharge originated at: ❑ Structure ❑ Application Field E Other:
a. Was the conveyance man-made?
❑ Yes
Ef No
❑ NA
❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWR)
t Yes
❑ No
❑ NA
❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
0 0 0
ra//aq S
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
CZ/No
❑ NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
[(Yes
❑ No
❑ NA
❑ NE
of the State other than from a discharge?
Page I of y
21412015 Continued

Facility Number: jDate of inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? Yes ❑ No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes [:]No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): 2 O 17 1 V
5. Are there any immediate threats to the integrity of any of the structures observed?
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
waste management or closure plan?
Structure 5 Structure 6
❑ Yes E17No ❑ NA ❑ NE
❑ Yes ONo ❑ NA ❑ NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR
7. Do any of the structures need maintenance or improvement?
EnYes
❑ No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
No
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
dyes
❑ No
❑ NA
❑ NE
maintenance or improvement?
Waste Apmlication
10. Are there any required buffers, setbacks, or compliance alternatives that need
2Yes
❑ No
❑ NA
❑ NE
maintenance or im ro ement?
p v
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes CfNo ❑ NA ❑ NE
❑ Excessive Pending ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s)
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
[E'No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
0-Yes
❑ N
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
❑ Yes
L 1Vo
❑ NA
❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ o
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
]rNo
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
o
❑ NA
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
No
❑ NA
❑ NE
the appropriate box.
❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes No ❑ NA ❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA WNF
E
23. If selected, did the facility fail to install and maintain minbreakers on irrigation equipment? [:]Yes ❑ No ❑ NA
Page 2 of f 4 21412015 Continued

Facility Nugrber: Date of Inspection:
24. -Did the facility fail to calibrate waste application equipment as required by the permit?
ElYes
pppp ❑ NA
❑ NE
25.•Is the facility out of compliance with permit conditions related to sludge? If yes, check
❑ Yes
LJ No ❑ NA
❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge?
[—]Yes
No ❑ NA
n NFL
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
❑ Yes
❑ No ❑ NA
NE
5
Other Issues
/No
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes
❑ NA ❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
ZNo
❑ NA ❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
❑ Yes
ONo
❑ NA ❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Yes
E�/No
❑ NA ❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
❑ No
❑ NA ❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
�o
❑ NA ❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes
F:�No
❑ NA ❑ NE
Comments (refer to question ft Explain any YES answers and/or any additional recommendations or any other comments.
Use drawings of facility to better explain situations (use additional pages as necessary).
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Reviewer/Inspector Name: \ 1 0C,l.—C Phone: �OT�p73o
Reviewer/Inspector Signature: Date: '3 /`/ /
Page 3 of 0 21412015

Facility Number: 3.)........—../.i?.9. Date of Inspection:
Additional Comments and/or Drawings:
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T ,.
Powell, David C
From: Powell, David C
Sent: Friday, March 8, 2019 11,13 AM
To: [e-mail]'
Cc: Miguez, Kristin; Meilinger, Michael J; King, Morella s; Risgaard, Jon, Wrenn, Brian L;
Lawson, Christine; Mairs, Robb L; Coburn, Chad; Edwards, Sam; 'Jonathan Miller'; Geno
Kennedy (ag rime [e-mail])
Subject: RE: [External] Re: 31-160 Stocking Head Creek Study Inspection 3/7/19
Attachments: AWG100000 Swine 2014 thru 2019.pdf
Mr. Carter,
I wanted to follow-up and send you an email summarizing our conversations and corrective actions we discussed
yesterday all through our visit off and on during the day.
Frist, I appreciate your farm assistant "JJ", taking me around all the areas in the ATV. It made the day go by easier and
faster. Basically there were several issues which need to be addressed. Obviously the first is to determine how the
waste is getting to the back of the houses on the 4 house/2 lagoon side of your farm. This area needs to be better suited
for storm water runoff but if the houses or piping are leaking then it will allow for a fast path for discharge. This area
seems to have been slowly adding nutrients to storm water runoff recently. Check pipes, hoses and foundations to be
sure and stop any leaks. Since this was leaking into a UT of Stocking Head Creak and I do not think it was over 1000
gallons, there are some requirements in the permit that must be met. There is no requirement for as press release or
public notice for less than 1000 gallons. I spoke with Christine Lawson and Morelia Sanchez -King yesterday about the
issues of the farm and they concur. I have attached a copy of the permit and you also have Geno Kennedy and Jonathan
to assist you in this process as your consultant. A sample must be taken for certain nutrients, listed in permit, a written
report and response indicating cause, time, amount steps taken to stop or reduce, analysis etc. Some of these
requirements have a very short time limit. Jonathan took some samples for you as we were taking ours. JJ stopped the
flow in 3 locations while we were onsite as well.
Second, mulch material was found partially on a collapsed earthen bridge between the two farms. This we discussed on
the phone that it could fall into the UT with the next rain and may be subject to Division of Waste Management rules
since it is being dumped over here and no longer going to be used with Chicken Mortality transport. I suggest keeping it
for that purpose and stockpiling it back near the houses with the other pile. We don't want that decomposing near the
UT or eroding with next rain and causing any Water Quality Violations. A track hoe was brought in to remove the mulch
from going into the UT while we were on other side of farm collecting samples. I would suggest before proceeding with
repairs on your crossing or working near the UT you contact someone in our Wetlands Section of DWR and be sure you
don't violate any rules during the process. If you are just replacing or doing "maintenance" with what was there then
that may make the process easier but you will need to speak with Chad Coburn (910-796-7379) to be sure.
Severely eroded areas on the farm around the fields are an issue for you. We already discussed this and it's not
surprising after the wet year with a Hurricane. I saw that you tried addressing it with hay and straw. This works with
small amounts of flow and can stop small erosion but with the wet year and hurricane it has caused a lot of soil loss from
your fields at the edges of ditches and bottoms of slopes around the farm. I found a couple areas with multiple round
hay bales thrown into them. This is counterproductive due to it adding nutrients back into the streams/ditches as they
decompose and water runs by them. This needs to be removed and replaced with soil and some better BMP's put in
place to address the stormwater and erosion issues you are having. NCDA Sam Edwards (910-770-2168) can provide
you with Technical Assistance or can put you in contact with Engineers with NCDA. Your Integrator can also assist. Your
local S and W can probably provide cost share for these issues and some guidance. Rip rap and silt fence can do a lot if
used properly. Also, remember if you are moving any soil or digging around the lagoons be sure and have an engineer

To: 'Jonathan Miller' <[e-mail]>; [e-mail]
Cc: Miguez, Kristin <[e-mail]>; Meilinger, Michael J <[e-mail]>; King, Morella s
<morella.sanchez-king@ ncdenr.gov>
Subject: RE: [External] Re: 31-160
Thanks if it is easier to email it all so we can have it asap then please do so .... unsure when can meet as of yet.
Thanks
David Powell, Environmental Specialist
North Carolina Department of Environmental Quality
Division of Water Resources
Water Quality Regional Operations Section
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
6
Tel, [phone]
Fax [phone]
For any emergency, which requires immediate reporting after normal business hours, contact must be made with the
Division of Emergency Management at 1-800-858-0368.
All agriculture based complaints are NONPUBLIC until a violation has been determined.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jonathan Miller <agrimentservices [e-mail]>
Sent: Thursday, February 28, 2019 4:21 PM
To: chcarter@intrstar. net; Powell, David C <[e-mail]>
Cc: Miguez, Kristin <[e-mail]>; Meilinger, Michael J <[e-mail]>; King, Morella s
<morel la.sanchez-king@ ncdenr.gov>
Subject: [External] Re: 31-160
David,
I have copies made for you just let me know when we can meet and go over book records. Also I have a
freeboard poa in hand to give you. Lagoon 2 is at 18.5'. Give me a call.
Thanks.
Jonathan K. Miller
Office: [phone]
Fax: [phone]

Mr. Clay Carter
668 Rivenbark Town Road
Wallace NC 28466
David Powell
NCDEQ
127 North Cardinal Drive
Wilmington, NC 28405
Subject: Corrective Actions
Dear Mr. Powell:
RECEIVED/NCDENR/DWR
MAR 14 )oI9
Water Quality Regional
March 1], 2019 Operations Section
Wilmington Regional Office
This letter is in reference to corrective actions taken for the less than 1000-gallon discharge that
was discovered on Thursday, March 7`h, and for the soil erosion issues around the farm fields. Our
normal operating procedure is to check the barns and surrounding area for discharges both morning an
evening in addition to throughout the day as we are working in the area. On the morning of Thursday,
March 7"', farm employee, Justin Jordan, observed a pipe from house #2 was stopped up and water was
collecting inside the back of the barn. He immediately took action to have the pipe unclogged. At that
time no water was observe exiting from the barn.
During the DWR inspection, approximately 3 hours after Mr. Jordan's initial observation on
March 7`h, Mr. Jordan and the DWR inspectors noticed water had begun seeping from the barn and was
progressing toward a ditch. Mr. Jordan immediately took action to impede the discharge from impacting
the ditch. The reason for the discharge was the high lagoon level which prevented the water from freely
entering the lagoon as designed. Please note that a 30-Day Plan of Action had been submitted previously
for the high lagoons water levels due to combinations of Hurricane Florence and above -normal rainfall
from Oct 2018 through February 2019.
Carter & Sons Hog Farm takes pride in operating in accordance with our permit and in a manner
in which protects the environment. Our permit, as are all permits, is not intended to ensure that
equipment does not malfunction or break. The purpose of a permit is to ensure that we respond promptly
with corrective action to mitigate equipment malfunctions and failures, in order to reduce impacts to the
environment. The corrective actions described above indicates that we followed the intent of our permit
and mitigated the impacts promptly, as is our normal operating procedure.
Samples were collected (by both Agriment Services and DWR) per my current permit, for the
required parameters and rushed to the Waters Lab in Warsaw to fulfill my sampling requirements. The
results of the samples taken by Agriment Services will be available to compare with the state samples
once the test results are released.
The following actions are currently being taken into consideration to prevent this kind of discharge
from occurring in the future:
• Hog Slat has been contacted regarding re -sealing the back of the swine barns to prevent leakage,
as was observed on March 7".

• A slam -gate is being considered in the area between the two lagoons where storm water runoff
naturally flows so that in the event any wastewater is discharged it can be contained before it
reaches the fields, ditches, etc.
• An electrician was hired to inspect the flushing system. The electrician determined that
everything is now functioning properly.
• We have been and will continue to employ aerway application, as conditions allow, onto alternate
fields to help reduce lagoon water levels.
• Agriment Services is contacting Smithfield for a re -shoat of my gauges and to re -install if needed.
Concerning the severely eroded areas on the farm around the fields, one of the larger eroded areas has
been re -graded as of March 8"i. Additional actions are being planned/considered as follows:
• Additional grading and fill, as necessary, is planned throughout the year.
• Rip rap and silt fencing are being evaluated for feasibility.
As stated above, Carter & Sons Hog Farm operates with an objective to prevent and/or reduce
environmental impacts from our operation. With as much rainfall as we have had this year, it has only
been because we have been so proactive in our management that we have been able to avert any major
issues and have continued to maintain our farm in compliance with our permit.
If you need additional information please feel free to contact me at the above address. Additionally,
please copy Agriment Services on future correspondence that results from this inspection.
Sincerely, /
Clay Carter

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Powell, David C
From:
Sent:
To:
Subject:
Attachments:
reports
heather carter <[e-mail]
Tuesday, March 12, 2019 10:02 AM
Powell, David C
Re: [External] Re: 31-160 Stocking Head Creek Study Inspection 3/7/19
NOV Discha rgeLetterClayCarterMarch2019.doc
David, Attached is my response to the incident on Thursday, March 7, 2019. 1 will be sending you a
signed certified letter as well today. Any questions, let me know. Thanks.
Clay Carter
From: "Powell, David C" <[e-mail]>
To: "chcarter' <[e-mail]>
Cc: "Miguez, Kristin" <[e-mail]>, "Meilinger, Michael J"
<[e-mail]>, "King, Morella s" <[e-mail]>, "Risgaard,
Jon" <[e-mail]>, "Wrenn, Brian L" <[e-mail]>, "Lawson, Christine"
<[e-mail]>, "Mairs, Robb L" <[e-mail]>, "Coburn, Chad"
<[e-mail]>, "Edwards, Sam" <[e-mail]>, "Jonathan Miller"
<[e-mail]>, "Geno Kennedy ([e-mail])"
<ag [e-mail]>
Sent: Friday, March 8, 2019 11:13:17 AM
Subject: RE: [External] Re: 31-160 Stocking Head Creek Study Inspection 3/7/19
Mr. Carter,
I wanted to follow-up and send you an email summarizing our conversations and corrective actions we discussed
yesterday all through our visit off and on during the day.
Frist, I appreciate your farm assistant "JJ", taking me around all the areas in the ATV. It made the day go by easier and
faster. Basically there were several issues which need to be addressed. Obviously the first is to determine how the
waste is getting to the back of the houses on the 4 house/2 lagoon side of your farm. This area needs to be better suited
for storm water runoff but if the houses or piping are leaking then it will allow for a fast path for discharge. This area
seems to have been slowly adding nutrients to storm water runoff recently. Check pipes, hoses and foundations to be
sure and stop any leaks. Since this was leaking into a UT of Stocking Head Creak and I do not think it was over 1000
gallons, there are some requirements in the permit that must be met. There is no requirement for as press release or
public notice for less than 1000 gallons. I spoke with Christine Lawson and Morella Sanchez -King yesterday about the
issues of the farm and they concur. I have attached a copy of the permit and you also have Geno Kennedy and Jonathan
to assist you in this process as your consultant. A sample must be taken for certain nutrients, listed in permit, a written
report and response indicating cause, time, amount steps taken to stop or reduce, analysis etc. Some of these
requirements have a very short time limit. Jonathan took some samples for you as we were taking ours. JJ stopped the
flow in 3 locations while we were onsite as well.
Second, mulch material was found partially on a collapsed earthen bridge between the two farms. This we discussed on
the phone that it could fall into the UT with the next rain and may be subject to Division of Waste Management rules
1

Tel. [phone]
Fax [phone]
For any emergency, which requires immediate reporting after normal business hours, contact must be made with the
Division of Emergency Management at 1-800-858-0368.
All agriculture based complaints are NONPUBLIC until a violation has been determined.
E-rnail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Powell, David C
Sent: Thursday, February 28, 2019 5:12 PM
To: 'Jonathan Miller' <[e-mail]>; [e-mail]
Cc: Miguez, Kristin <[e-mail]>; Meilinger, Michael J <[e-mail]>; King, Morella s
<[e-mail]>
Subject: RE: [External] Re: 31-160
Thanks if it is easier to email it all so we can have it asap then please do so .... unsure when can meet as of yet.
Thanks
David Powell, Environmental Specialist
North Carolina Department of Environmental Quality
Division of Water Resources
Water Quality Regional Operations Section
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
f�
Tel. [phone]
Fax [phone]
For any emergency, which requires immediate reporting after normal business hours, contact must be made with the
Division of Emergency Management at 1-800-858-0368.
All agriculture based complaints are NONPUBLIC until a violation has been determined.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Jonathan Miller <agrimentservices [e-mail]>
Sent: Thursday, February 28, 2019 4:21 PM
To: [e-mail]; Powell, David C <[e-mail]>

Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington. NC 28405-3845
KIM
Tel [phone]
Fax [phone]
For any emergency, which requires immediate reporting after normal business hours. contact must be made with the
Division of Emergency Management at 1-800-858-0368.
All agriculture based complaints are NONPUBLIC until a violation has been determined.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.

Mr. Clay Carter
668 Rivcnbark Town Road
Wallace AC 28466
\March 11. 2019
David Powell
\CDFQ
127 Sorth Cardinal Drive
Wilmington, SC 28405
Subject: Corrective Actions
Dcar Mr. Powell:
This letter is in reference to corrective actions taken for the less than 1000-gallon discharge that
was discovered on Thursday, March 7', and for the soil erosion issues around the farm fields. Our
normal operating procedure is to check the barns and surrounding area for discharges both morning an
evening in addition to throughout the day as we are working in the area. On the morning offhursday,
March 7", farm employee, Justin Jordan, observed a pipe from house 1`2 was stopped tip and water was
collecting inside the back of the barn. Ile immediately took action to have the pipe unclogged. At that
time no water was observe exiting from the barn.
During the DWR inspection, approximately 3 hours after Mr. Jordan's initial observation on
March 7"', Mr. Jordan and the DWR inspectors noticed water had begun seeping from the barn and was
progressing toward a ditch. Mr. Jordan immediately look action to impede the discharge from impacting
the ditch. The reason for the discharge was the high lagoon level which prevented the water from freely
entering the lagoon as designed. Please note that a 30-Day Plan of Action had been submitted previously
for the high lagoons water levels due to combinations of I lutricane Florence and above -normal rainfall
from Oct 2018 through February 2019.
Carter & Sons Hog Farm takes pride in operating in accordance with our permit and in a manner
in which protects the environment. Our permit, as arc all permits, is not intended to ensure that
equipment does not malfunction or break. The purpose of a permit is to ensure that we respond promptly
with corrective action to mitigate equipment malfunctions and failures, in order to reduce impacts to the
environment. The corrective actions described above indicates that we followed the intent of our permit
and mitigated the impacts promptly, as is our normal operating procedure.
Samples were collected (by both Agrimenl Services and DWR) per my current permit, for the
required parameters and rushed to the A'eaters Lab in Warsaw to fulfill my sampling requirements. The
results of the samples taken by Agriment Services will be available to compare with the state samples
once the test results are released.
The following actions are Curently being taken into consideration to prevent this kind of discharge
from occurring in the future:
• I log Slat has been contacted regarding re -scaling the back of the swine barns to prevent leakage,
as was observed on March 7"i.