Incident # 201100733

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'erlifled Mail Provides:
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r A unique Identifier for your mailpiece
r A record of delivery kept by the Postal Service for two years
nportant Reminders:
i Certified Mail may ONLY be combined with First -Class Mails or Priority Maik
i Certified Mail is notavailable for any class of international mail.
i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
r For an additional fee, a Return Receipt mayy be requested to provide proof of
delivery. To obtain Return Receipt sernce, pCease complete an attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover me
fee. Endorse mailpiece°Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
1 For an additional fee, delivery may be restricted to the addressee o
addressee's authorized a9ant. Advise the clerk or mark the mallpiece with IN
endorsement 'Restricted Delivery:
1 If a postmark on the Certified Mail receipt Is desired, please present the artl
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mall.
MPURTANT: Save this receipt and present It when making an Inquiry.
IS Farm 3800, August 2006 (Reverse) PSN 7530-02-000-9047

UNITED STATES POSTAL SERVICE `"'� .FirSf-�la5s M2fl
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• Sender: Please print your name, address, and ZIP+4'h' its box
NC DEPT OF ENVIRONMENT & NATURAL REAURCES
DWQ-AP SECTION _ e�
ATTN: ART BARNHARDT �i�
225 GREEN ST, SUITE 714 �v" ,L,\\
FAYETTEVILLE NC 28301-5043 � 10 LQ 6

o Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR. MICAH ASHFORD B
53 BERTUS LANE
CLINTON, NC 28328
3
1'41
❑ Agent
C. Date of Deliver
D. Is delivery adds different from Rem 1? LJ Yes
If YES, enter delivery address below: ❑ No
3. service Type
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4. Restricted Delivery? (Extra Fee)
❑ Yes
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MCDENR
North Carolina Department of Environment and
Division of Water.Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 16, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Micah Ashford Brewington
53 Bertus Lane
Clinton, North Carolina 28328
Dear Mr. Brewington:
Natural Resources
Dee Freeman
Secretary
Subject: Notice of Regulatory Requirements
Poultry Litter Application
Hwy 421 North of Clinton, Sampson County
The Division of Water Quality investigated a complaint concerning the land application of
poultry litter on property you own located off of Highway 421, north of Clinton on 5 April 2011.
The investigation revealed that poultry litter had been applied on three parcels of property owned
by you (according to the Sampson County GIS database). Visible amounts of poultry litter were
discovered at the property line and some litter was scattered across the. common property line
with your property and those properties along Hardy Lane.
Also on your property there exists two water supply wells (see attached map and photos) that had
poultry litter applied up to the well pads. The two wells in question appear to have been
associated with prior residences on the property, based upon the debris piles within the fenced
area of the property and utility services still present (see attached photos). The two wells appear
to be out of service and if so need to be properly abandoned in accordance with Subchapter 2C
Section-.0100 Well Construction Standards (pertinent parts enclosed). A copy of this letter and
documentation will be forwarded to the Sampson County Health Department for their use in
determining compliance with their well standards or' ordinances.
In accordance with North Carolina laws and rules addressing litter management, the Division of
Water Quality is requesting that you submit to our office the following information to determine
if further action is required to address this complaint:
1). Provide the name, contact number and address of the farm or farms that generated the litter;
2). Provide a copy of the Poultry Dry Litter Management Plan from the farm or individual that
You received the litter from (if the litter came from a third party hauler, provide the name of the
company and a contact number and address);
3). Provide the amount (in tons or cubic yards) of litter received and land applied to your property
located between Hardy Lane and Bertus Lane;
AQUIFER PROTECTION SECTION
225 Green St, Ste. 714
Fayetteville, North Carolina 28301 One L,
Phone: 910433,33001 FAX: [phone] Customer Service: 1-877-623-6748 North Carolina.
Internet vvvnv.h20.encstate.nc.us
An Equal Opportunity% Afinna6ve Action Employer "V17 Maid /

l
4). Provide information relating to soils analysis done for the fields litter was applied to and a
waste analysis of the litter to insure that nutrient loading for the intended crop did not exceed the
agronomic need of the proposed crop (Realistic Yield Expectation standard per NRCS guidelines,
Cooperative Extension Service, NCDA & CS or N.C. State nutrient management database);
5). Provide documentation on the amount of lime applied (if required per the soil analysis done
for each field applied too);
6). Provide a written explanation to address indiscriminant litter application onto adjacent
properties and elaborate on how future litter application will be managed on your property.
The Division of Water Quality requests that you provide the information concerning this matter
on or before 20 June 2011. If you would like to discuss this letter or the complaint investigated, I
can be reached at 910-433-3340.
In closing, failure of a responsible party to accomplish these requirements can be enforceable by
civil penalty assessment. We are hoping for your cooperation and therefore look forward to your
response to this letter to close this matter.
Sincerely,
Jim Barber
Environmental Engineer
Division of Water Quality
Aquifer Protection Section
cc: SAPS=E�-:Eile=,�—.
Steve Guyton
Ms. Wanda Robinson, Director
Sampson County health Department
360 County Complex Road
Clinton, N.C. 28328

May 16, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Micah Ashford Brewington
53 Bertus Lane
Clinton, North Carolina 28328
Subject: Notice of Regulatory Requirements
Poultry Litter Application
Hwy 421 North of Clinton, Sampson County
Dear Mr. Brewington:
The Division of Water Quality investigated a complaint concerning the land application of
poultry litter on property you own located off of Highway 421, north of Clinton on 5 April 2011.
The investigation revealed that poultry litter had been applied on three parcels of property owned
'by you (according to the Sampson County GIS database). Visible amounts of poultry litter were
discovered at the property line and some litter was scattered across the common property line
with your property and those properties along Hardy Lane.
Also on your property there exists two water supply wells (see attached map and photos) that had
poultry litter applied up to the well pads. The two wells in question appear to have -been
associated with prior residences on the property, based upon the debris piles within the fenced
area of the property and utility services still present (see attached photos). The two wells appear
to be out of service and if so need to be properly abandoned in accordance with Subchapter 2C
Section .0100 Well Construction Standards (pertinent parts enclosed). A copy of this letter and
documentation will be forwarded to the Sampson County Health Department for their use in
determining compliance with their well standards or ordinances.
In accordance with North Carolina laws and rules addressing litter management, the Division of
Water Quality is requesting that you submit to our office the following information to determine
if further action is required to address this complaint:
1). Provide the name, contact number and address of the farm or farms that generated the litter;
2). Provide a copy of the Poultry Dry Litter Management Plan from the farm or individual that
you received the litter from (if the litter came from a third party hauler, provide the name of the
company and a contact number and address);
3). Provide the amount (in tons or cubic yards) of litter received and land applied to your property
located between Hardy Lane and Bertus Lane;
4). Provide information relating to soils analysis done for the fields litter was applied to and a
waste analysis of the litter to insure that nutrient loading for the intended crop did not exceed the
agronomic need of the proposed crop (Realistic Yield Expectation standard per NRCS guidelines,
Cooperative Extension. Service, NCDA & CS or N.C. State nutrient management database);

5). Provide documentation on the amount of lime applied (if required per the soil analysis done
for each field applied too);
6). Provide a written explanation to address indiscriminant litter application onto adjacent
properties and elaborate on how future litter application will be managed on your property.
The Division of Water Quality requests that you provide the information concerning this matter
on or before 20 June 2011. If you would like to discuss this letter or the complaintinvestigated, I
can be reached at910-433-3340.
In closing, failure of a responsible party to accomplish these requirements can be enforceable by
civil penalty assessment: We are hoping for your cooperation and therefore look forward to your
response to this letter to close this matter.
Sincerely,
Jim Barber
Environmental Engineer
Division of Water Quality
Aquifer Protection Section
cc: APS FRO File
Steve Guyton
Ms. Wanda Robinson, Director
Sampson County Health Department
360 County Complex Road
Clinton, N.C. 28328

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PIN: 05012612002
APN: 14894032
CURRENT OWNER:
BREWINGTON, MICAH ASHFORD
OWNERADDRESS: 53'BERTUS
;
LN
OWNER_CSZ: CLINTON, NC
28328
DATE RECORDED: 8/13/2009
Book Page: 1749/870
ACREAGE: 8.92
Total Market Value: 19435
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ENR —Environmental Management ' 15A NCAC.0100
15A NCAC 02C .0112 WELL MAINTENANCE: REPAIR: GROUNDWATER
(a) Every well shall be maintained by the owner in a condition whereby it will conserve and protect
the groundwater resources, and whereby it will not be a source or channel of contamination or
pollution to the water supply or any aquifer, or the well shall be permanently abandoned in
accordance with the requirements of 15A NCAC 02C .0113(b).
(b) Dewatering wells shall be,pennanently abandoned in accordance with the requirements of 15A
NCAC 02C .0113(b) within 30 days of completion of the dewatering activity.
(c) All materials used in the maintenance, replacement, or repair of any well shall meet the
requirements for new installation.
(d) Broken, punctured or otherwise defective or unserviceable casing, screens, fixtures, seals, or any
part of the well head shall be repaired or replaced, or the well shall be permanently abandoned
pursuant to the requirements of Rule .0113(b) of this Section.
(e) NSF International (NSF) approved PVC pipe rated at 160 PSI may be used for liner pipe. The
annular space around the liner casing shall be at least five -eighths inches and shall be completely
filled with neat -cement grout or sand cement grout. The well liner shall be completely grouted
within 10 working days after collection of water samples or completion of other testing to confirm
proper placement of the liner or within 10 working days after the liner has been installed if no
sampling or testing is performed.
(f) No well shall be repaired or altered such that the outer casing is completed less than 12 inches
above land surface. Any grout excavated or removed as a result of the well repair shall be replaced in
accordance with Rule .0107(i) of this Section.
(g) Well rehabilitation by noncontinuous chemical treatment shall be conducted using methods and
materials approved by the Department based on a demonstration that the materials and methods used
will not create a violation of groundwater standards in 15A NCAC 02L or otherwise render the
groundwater unsuitable for its intended best usage after completion of the rehabilitation.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009, August 1, 2002; April 1, 2001; December 1, 1992;
September 1, 1984.
15A NCAC 02C .0113 ABANDONMENT OF WELLS
(a) Any well which is temporarily removed from service shall be temporarily abandoned in
accordance with the following procedures:
(1) The well shall be sealed with a water -tight cap or well seal, as defined in G.S. 87-85
(16), compatible with the casing and installed so that it cannot be removed without
the use of hand tools or power tools.
(2) The well shall be maintained whereby it is not a source or channel of contamination
during temporary abandonment.
(b) Permanent abandonment of water supply wells other than bored or hand dug wells shall be
performed in accordance with the following procedures:
(1) All casing and screen materials may be removed prior to initiation of abandonment
procedures if such removal will not cause or contribute to contamination of the
groundwaters. Any casing not grouted in accordance with 15A NCAC 02C .0107(f)
shall be removed or grouted in accordance with 15A NCAC 02C .0107(f).
(2) The entire depth of the well shall be sounded before it is sealed to ensure freedom
from obstructions that may interfere with sealing operations.
20

ENR'—Environmental Management 15A NC4C.0100
(3) Except in the case of temporary wells and monitoring wells, the well shall be
disinfected in accordance with Rule .0111(b)(1)(A) through .OII I(b)(1)(C) of this
Section.
(4) In the case of gravel -packed wells in which the casing and screens have not been
removed, neat -cement or bentonite slurry grout shall be injected into the well
completely filling it from the bottom of the casing to the top.
(5) Wells constructed in unconsolidated formations shall be completely filled with grout
by introducing it through a pipe extending to the bottom of the well which can be
raised as the well is filled.
(6) Wells constructed in consolidated rock formations or that penetrate zones of
consolidated rock may be filled with grout, sand, gravel or drill cuttings opposite the
zones of consolidated rock. The top of any sand, gravel or cutting fill shall terminate
at least 10 feet below the top of the consolidated rock or five feet below the bottom of
casing. Grout shall be placed beginning 10 feet below the top of the consolidated
rock or five feet below the bottom of casing in a manner to ensure complete filling of
the casing, and extend up to land surface. For any well in which the depth of casing
or the depth of the bedrock is not known or cannot be confirmed, the entire length of
the well shall be filled with grout up to land surface.
(c) For bored wells or hand dug water supply wells constructed into unconsolidated material:
(1) The well shall be disinfected in accordance with Rule .OIII(b)(1)(A) through
.0 111 (b)(1)(C) of this Section.
(2) All plumbing or piping in the well and any other obstructions inside the well shall be
removed from the well.
(3) The uppermost three feet of well casing shall be removed from the well.
(4) All soil or other subsurface material present down to the top of the remaining well
casing shall be removed, including the material extending to a width of at least 12
inches outside of the well casing.
(5) The well shall be filled to the top of the remaining casing with grout, dry clay, or
material excavated during construction of the well. If dry clay or material excavated
during construction of the well is used, it shall be emplaced in lifts no more than five
feet thick, each compacted in place prior to emplacement of the next lift.
(6) A six-inch. thick concrete grout plug shall be placed on top of the remaining casing
such that it covers the entire excavated area above the top of the casing, including the
area extending to a width of at least 12 inches outside the well casing.
(7) The remainder of the well above the concrete plug shall be filled with grout or soil.
(d) All wells other than water supply wells including temporary wells, monitoring wells or test
borings:
(1) less than 20 feet in depth and which do not penetrate the water table shall be
abandoned by filling the entire well up to land surface with grout, dry clay, or
material excavated during drilling of the well and then compacted in place; and
(2) greater than 20 feet in depth or that penetrate the water table shall be abandoned by
completely filling with a bentonite or cement -type grout.
(e) Any well which acts as a source or channel of contamination shall be repaired or permanently
abandoned within 30 days of receipt of notice from the Department.
(f) All wells shall be permanently abandoned in which the casing has not been installed or from
which the casing has been removed, prior to removing drilling equipment from the site.
(g) The owner is responsible for permanent abandonment of a well except that:
21

ENR — Environmental Management 15A NCAC.0100
(1) the well contractor is responsible for well abandonment if abandonment is required
because the well contractor improperly locates, constructs, repairs or completes the
well;
(2) the person who installs, repairs or removes the well pump is responsible for well
abandonment
if that abandonment is required because of improper well pump
installation, repair or removal; or
(3) the well contractor (or individual) who conducts a test boring is responsible for its
abandonment at the time the test boring is completed and has fulfilled its useful
purpose.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1,
1984; April20, 1978.
15A NCAC 02C .0114 DATA AND RECORDS REQUIRED
(a) Well Cuttings.
(1) The well contractor shall collect and furnish samples of formation cuttings to the
Division from a well the well contractor has drilled when such samples are requested
by the Division prior to completion of the drilling or boring activities.
(2) The well contractor shall obtain samples or representative cuttings for depth intervals
not exceeding 10 feet. The well contractor shall also collect representative cuttings at
depths of each change in formation.
(3) The well contractor shall place samples of cuttings in containers furnished by the
Division and such containers shall be filled, sealed and labeled with indelible -type
markers, showing the well owner, well number if applicable, and depth interval the
sample represents.
(4) The well contractor shall place each set of samples in a container(s) showing the
location, owner, well number if applicable, the well contractor's name, depth interval,
and date.
(5) The well contractor shall retain samples until delivery instructions are received from
the Division or for a period of at least 60 days after the well record form (GW-1),
indicating said samples are available, has been received by the Division.
(6) If the well contractor furnishes samples to any person or agency other than the
Division, this does not constitute compliance with the department's request and shall
not relieve the well contractor of his or her obligation to the Division.
(b) Reports.
(1) Any person completing or abandoning any well shall submit to the Division a record
of the construction or abandonment. For water supply wells, a copy of each
completion or abandonment record shall also be submitted to the health department
responsible for the county in which the well is located. The record shall be on forms
provided by the Division and shall include certification that construction or
abandonment was completed as required by this. Section, the owner's name and
address, latitude and longitude of the well with a position accuracy of 100 feet or less,
diameter, depth, yield, and any other information the Division may require as
necessary to depict the location and construction details of the well.
(2) The certified record of completion or abandonment shall be submitted within a period
of 30 days after completion or abandonment.
22

ENR —Environmental Management 15A NCAC.0100
(3) The furnishing of records to any person or agency other than the Division does not
constitute compliance with the reporting requirement and shall not relieve the well
contractor of his or her obligation to the Division.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; September 1,
1984; April 20, 1978.
15A NCAC 02C .0115 DIAGRAMS AND FORMS
History Note: Authority G.S. 87-87;
Eff. February 1, 1976;
Amended Eff. April 20, 1978;
Repealed Eff. September 1, 1984.
15A NCAC 02C .0116 DESIGNATED AREAS: WATER SUPPLY WELLS CASED TO
LESS THAN 20 FEET
(a) In some areas the best or only source of potable water supply exists between 10 and 20 feet
below the surface of the land. In consideration of this, water supply wells may be cased to a depth
less than twenty feet in the following areas:
(1) in Currituck County in an area between the sound and a line beginning at the end of
SR 1130 near Currituck Sound, thence north to the end of SR 1133, thence north to
the end of NC 136 at the intersection with the sound;
(2) on the Outer Banks from the northern corporate limit of Nags Head, south to
Ocracoke Inlet;
(3) all areas lying between the Intracoastal Waterway and the ocean from New River
Inlet south to New Topsail Inlet; and
(4) all areas lying between the Intracoastal Waterway and the ocean from the Cape Fear
River south to the South Carolina line.
(b) The Director may designate additional areas of the state where water supply wells may be cased
to a depth less than 20 feet. To designate such areas, the Director shall find:
(1) that the only or best source of drinking water in the area exists between a depth of 10
and 20 feet below the surface of the land; and
(2) at utilization of this source of water in the area is in the best interest of the public.
(c) In all other areas, the source of water shall be at least 20 feet below land surface, except when
adequate quantities of potable water cannot be obtained below a depth of 20 feet, the source of water
may be obtained from unconsolidated rock formations at depths less than 20 feet provided that:
(1) sufficient water of acceptable quality for the intended use can be shown, to the
satisfaction of the Department that it is not available to a minimum depth of 50_ feet;
(2) the proposed source of water is the maximum feasible depth above 20 feet, but in no
case less than 10 feet; and
(3) the regional office of the Department is notified prior to the construction of a well
obtaining water from a depth between 10 and 20 feet below land surface.
HistoryNote: Authority G.S. 87-87;
Eff. April 20, 1978;
Amended Eff.' September 1, 2009, December 1, 1992; July 1, 1988; September 1,
1984.
23

a4a �� oaoFwAr�9ov Incident Report 00 4 #hzs](3,S 1�
r y
C
y
P K
ReportNumber: 201100733
Incident Type: Complaint OnSiteContact:
Category: APS -Animal First/Mid/Last Name: Micah Brewington
Incident Started: 04/01/2011 Company Name: Land Owner
County: Sampson Phone:
City: Pager/Mobile Phone: !
Farm #:
Responsible Party:
Reported By:
Owner: First/Mid/Last Name: Sue Faircloth
Permit: Company Name:.l�dut7��w`��
Facility: Address: 300 Hardy Ln
First Name: Glenn
Middle Name: City/State/Zip: Clinton NC 28328
Last Name: Jones Phone: [phone]
Address Pager/Mobile Phone: !
City/State/Lip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
T—
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Position Method:
Position Accuracy:
Position Datum:
Adjacent to 300 Hardy Lane, Clinton
300 Hardy Ln
Clinton NC 28328
Report Created 04/01/11 11:17 AM Page 1

Cause/Observation: Directions:
Poultry litter spread to within 15 feet of well at residence. Well
needs to be sampled, along with mothers well next door. Both
have been sampled previously in 2007.
Action Taken:
Incident Questions:
Comments:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type.
(Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown Groundwater Impacted : Unknown
Event Type
Incident closed
Requested Additional Information
Report Received
Referred to Regional Office - Primary Contact
Event Date Due Date Comment
Report Created 04/01/11 11:17 AM
Page 2

Report Entered 2011-04-01 12:10:22
Incident Start 2011-04-0110:55:00 -
Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By:
Stephen A Barnhardt Stephen A Barnhardt
Phone:
Date/Time: 2011-04-01 12:10:22 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Regional Contact:
Bill Todd
Report Created 04/01/11 11:17 AM Page 3