820104_NOV-2019-PC-0790_20200408

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 8, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7018 0040 0000 4772 1070
Mr. G W Carter
1678 Ozzie Road
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2019-PC-0790
Lula Carter Farm Facility No. 82-104, Permit No. AWS820104
Sampson County
Dear Mr. Carter:
On December 23, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Lula Carter Farm and the permitted waste disposal system.
We wish to thank Mr. Michael Carter, who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1
Failure to properly operate and maintain the land application equipment and spray fields (Permit No.
AWG100000 Section II 1).
On December 23, 2019, DWR staff documented that your waste application equipment had flat tires,
broken gear box, and no drive chain from the turban drive sprocket to the drum sprocket. The waste
application equipment has not been moved as your IRR 2 forms document. The gun cart was not pulled
out as designed based on Google Earth and your statement that you just pulled the gun cart around to
other spots every 30 minutes or so because the gear box has been broken for a while. The Bermuda stand
was very weak at best to nonexistence in all the spray fields.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
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Mr. Michael Carter
April 8, 2020
Required Corrective action for Violation 1:
In the future, follow the irrigation design when operating your waste application equipment, and maintain
the waste application equipment at all times. Provide the DWR with documentation that the irrigation
equipment has been repaired or replaced. Make plans now to sprig every field in Bermuda to match your
Waste Utilization Plan (WUP). Make sure to plant your winter over seed in all the fields listed in your
waste plan.
Violation 2:
Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land
application as often as necessary to ensure that the animal waste is land applied in accordance with the
CAWMP. In no case, shall the time between inspections be more than 120 minutes during the application
of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the
Division and shall include the date, time, spray field number and name of the operator for each inspection.
Inspections shall include but not be limited to visual observation of application equipment, spray fields,
subsurface drain outlets, ditches, and drainage ways for any discharge of waste. (Permit No. AWG100000
Section II 17).
On December 23, 2019, it was documented that the waste application equipment was not operated as
designed in the WUP. By pulling the gun cart around every 30 minutes or so because the gear box was
broken and prevented the gun cart from being retrieved as designed. Mr. Carter, the OIC of this farm
stated he willfully operated (applied waste) the irrigation system knowing it was broken and could not
operate as designed.
Required Corrective action for Violation 2:
Inspection shall include but not be limited to visual observation of application equipment, spray fields,
subsurface drain outlets, ditches, and drainage ways for any discharge of waste or failure of any waste
application equipment. Follow the irrigation design in your CAWMP when you apply waste.
Violation 3•
Failure to record all irrigation and land application events including hydraulic loading rates, nutrient
loading rates and cropping information. (Permit No. AWG100000 Section III 6).
On December 23, 2019, DWR staff documented with pictures that the waste application equipment had
not been moved as designed, and based on visual observation and the condition of the irrigation reel it
could not operate as designed. The other reels used for irrigating waste water are in similar condition.
Because the gun cart was pulled completely out and the gear box was broken and no chain on the reel, it
would be difficult to impossible to be moved. IRR 2 forms documented that waste was applied on most of
the hydrants which would not be likely because the reel could not be moved

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Mr. Michael Carter
April 8, 2020
easily. In addition, Google Earth images confirms that the reels have not been moved very often over the
last few years. It also confirms that the gun cart was moved as Mr. Carter stated in violation 2.
Required Corrective action for Violation 3:
In the future, record all irrigation and land application events as specified in your CAWMP for the
hydrant pulls that you actually use. Provide updated IRR 2 forms for waste that was actually applied, and
submit these forms in your response letter to the DWR.
Violation 4•
Failure to test and calibrate waste application equipment at least once every two years. The results must
be documented on forms provided by, or approved by the Division. (Permit AWG100000 Section II 26).
On December 23, 2019, DWR staff documented that Mr. Carter had tested and calibrated his waste
application equipment. Based on pictures taken during the inspection and Google Earth images for the
past few years, it could be concluded that any attempt to calibrate this equipment could not provide
accurate gallons per minute or wetted diameter.
Reauired Corrective action for Violation 4:
After the waste application equipment has been repaired, have someone not associated with this farm
calibrate your equipment. Your Permit specifies that waste application must be tested (it works as
designed) and calibrated for gallons per minute and wetted diameter.
Violation 5:
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 following first knowledge of the occurrence of the following
events.
Any failure of the waste treatment and disposal system that renders the facility incapable of adequately
receiving, treating, or storing the waste and /or sludge. (Permit No. AWG100000 Section III 17 b).
On December 23, 2019, DWR documented that all the waste application equipment was inoperable and
could not be used as designed for a few years.
Required Corrective action for Violation 5:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.

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Mr. Michael Carter
April 8, 2020
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before June 7, 2020.
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations from
occurring in the future.
3. Documentation that the waste application equipment has been repaired and calibrated as noted
in violation I & 4.
You are required to take any necessary action to correct the above violations on or before 60 days
from receipt of this letter and to provide a written response to this Notice by June 7, 2020. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you
believe there are other factors, which should be considered please send such information to me in writing
within ten (10) days followingreceipt eceipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton at [phone]
cell No. or at steve.guytongncdenr. og_v.
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc. FRO Compliance Animal Files-Laserfiche
Smithfield Hog Production