090068_ENFORCEMENT_20171231

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August 18, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Sally Gooden
P.O. Box 1242
Elizabethtown, NC 28337
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
White Bay Nursery Farm
Facility No. 09-0068
Bladen County
Permit No. AWS090068
Dear Ms. Gooden:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
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 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
Violation 1: Failure to apply animal waste at rates in accordance with your permit and Certified Animal
Waste Management Plan: (Permit No. AWS090068 Section II 4. )
On June 8, 2005 the Division of Water Quality identified an over application of PAN to the 2004 small grain crop.
Required Corrective action for Violation 1:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to over application of PAN and take all necessary steps to insure this violation does not reoccur.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Regional )4uifer Protection Supervisor
SB/tab
c: Keith Larick - Compliance Group
Danny Edwards — SWC, FRO
Central Files - Raleigh
NortWarolina
,Nafyrally
North Carolina Division of Water Quality/Aquifer Protection Section 225 Green StJ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet h2o.enr.state.nc.us Customer Service 1-877_623-6749
An Equal Opporlunity/Athrmalive Action Employer— 50% Recyded110% Post Consumer Paper

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1. Article Addressed to:
MS. SALLY GOODEN
PO BOX 1242
ELIZABETHTOWN, NC 28337
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North Carolina Department of Environment and Natural Resources
Division of Water Qualiiy
Beverly Eaves Perdue Coleen H- Suflins
Governor Director
May 13, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Sally Gooden
PO Box 1242
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION/ NOTICE OF INTEN/NOV-2010-PC-0456
Administrative Code 15A NCAC 2T .1304
White Bay Nursery Farm Facility No. 09-68, Permit No. AWS090068
Bladen County
Dear Ms. Gooden:
Dee Freeln
Secretary
On April 16, 2010 and May 4, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) inspected the White Bay Nursery Farm and the permitted waste disposal system. We wish to thank Mr.
Ronald Gooden 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 1 SA NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation 1:
Failure to apply sludge in accordance with the well setbacks stated in your facilities Certified Animal
Waste Management Plan. (Permit No. AWS090068 Section 1. 8.)
On April 12, 2010 received a complaint from a homeowner that sludge was applied close to his well. On April 13,
2010 DWQ staff made a site visit and documented that sludge was applied at 48 feet from the well. A well water
sample was taken. On April 16, 2010 DWQ staff meet with Mr. Gooden and documented the sludge applied next to
the well was from White Bay Nursery Farm.
Required Corrective Action for Violation 1:
In the future do not apply any waste from your farm within 100 feet of any well. Your permit specifically requires
that no animal waste shall be applied within 100 feet of any well with the exception of monitoring wells.
AWFER PROTECTION SECTION
225 Green Si., Ste. 714
Fayetteville, North Carolina 28301 Oi1�
Phone: [phone] FAX - 910-486-07074 Customer Service: 1-877-623-6748 rti1
Internet.www.h20T.enr.state.mus o1rhC_ai-ohn
An Eq:ial Opporiunily 1 Affirmative Action Employer

Ms. Gooden
May 13, 2010
Page 2
Violation 2:
Failure to manage the sludge removal in accordance with the CAWMP. (Permit No. AWS090068 Section II 13.)
On April 16, 2010 DWQ staff documented that you had applied sludge from White Bay Nursery Farm within the
75 foot of a residence property line not owned by the producer. Also applied sludge within the 200 foot setback
from a residence not owned by the producer at multiple residence.
Required Corrective Action for Violation 2:
In the future, please comply with the SB515 setbacks as stated in your CAWMP in the Narrative of operation
section.
Violation 3:
Failure to incorporate sludge that was applied to conventionally tilled bare soil within two day in accordance with
your permit and Certified Animal Waste Management Plan: (Permit No. AWS090068 Section II. 7.)
On April 8, 2010 it was documented that sludge had been applied to Tract no. T10568 field 3. Mr. Gooden advised
DWQ staff that the farmer was unable to disk the field at this time. DWQ staff asked Mr. Gooden if possible to disk
a border around the field. On April 14, 2010 it was documented that a border had been disked around the field only.
On April 16, 2010 it was documented that the field had been disked and corn planted.
Required Corrective action for Violation 3:
In the future incorporate waste into the soil within two days after application on the land, please tape all necessary
steps to insure this violation does not reoccur.
Violation 4:
Failure to apply animal waste (sludge) at rates in accordance with your permit and Certified Animal Waste
Management Plan: (Permit No. AWS090068 Section II 4 and 13).
On May 4, 2010 it was documented that sludge was applied at rates that exceed the nitrogen needs for realistic crop
yields.
Required Corrective action for Violation 4:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to over application of PAN and take all necessary steps to insure this violation does not reoccur. The steps could
include but are not limited to modification of you Certified Animal Waste Management Plan and/or adjustment and
calibration of the application equipment. Actual sludge analysis should be used for all recordkeeping.

Ms. Gooden
May 13, 2010
Page 3
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before June 15, 2010:
1. Copies of all the pumping records, lagoon levels, rainfall records, waste analyses and land agreements
with land owners for land not owned by producer for this Sludge removal from March 1, 2010 to the
present along with a copy of your Sludge CA WAIT.
2. An explanation from the OIC for this farm regarding how these violations occurred.
3. A list from the O1C concerning the steps that will be taken to prevent these violations from occurring in the
future.
You are required to take any necessary action to correct the above violations on or before June 15, 2010 and
to provide a written response to this Notice by June 15, 2010. 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 following receipt 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 or me at [phone].
Sincerely,
cc: Keith Larick CAFO Unit
Krieg Westerbeek Murphy Brown
Danny Edwards FRO S & WC
FRO AP files

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1. Article Addressed to:
MS. SALLY GOODEN
PO BOX 1242
ELIZABETHTOWN, NC 28337
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ME

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee 1=reeman
Governor Director Secretary
September 23, 2010
Sally Gooden
White Bay Nursery Farm
PO Box 1242
Elizabethtown, NC 28337
SUBJECT: Remission Request
Farm # 09-0068
Bladen County
File No. PC-2010-0061
Permit No. AWS090068
Dear Ms. Gooden:
RECEIVED
SEP 2 4 2010
DENIM-FAYMEVILLE REGIONAL OFRCE
This letter is to acknowledge receipt of your request, on September 22, 2010, for remission of the
civil penalty levied against the subject facility. The Director of the Division of Water Quality
will review your evidence and inform you of her decision in the matter of your remission
request.
If you have any questions, please call me at [phone].
Sincerely,
A4J
Miressa Garoma
Animal Feeding Operations Unit
cc: Art Barnhardt, Fayetteville APS Regional Supervisor
File # PC-2010-0061
APS Central Files
AQUIFER PROTECTION SECTION,
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location:2728 CapitaiSoulevad Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588 FAX 2: 919-715-6046 't Customer Service: 1-877-623-6748
Internet: www.ncvuaterguality.org
one
North Carolina
Naturally
An Fniial ronmrntry �:,ffrrnA iv& Ariinn mninvar

if
HCDEHR
North Carolina Decariment of Environment and Natural Resources
Division of Water Quality
Beverly Laves Perdue Coieen H. Sullins
Governor Director
November 10, 2010
CERTIFIED MAIL 7007 0220 0003 0155 8297
RETURN RECEIPT REQUESTED
Sally Gooden
White Bay Nursery Farm
PO Box 1242
Elizabethtown, NC 28337
Dear Ms. Gooden:
Dee i=reeman
Secretary
RECEIVED
NOV 15 2010
DENR-FAyETTEMLLE REGIONAL OFRCE
Subject: Request for Remission of Civil Penalty
Godwin Farms
Case No. PC-2010-0061
Permit Number AWS090068
Bladen County
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division
of Water Quality considered the information you submitted in support of your request for remission and
remitted $1000.00 of the S4500.00 civil penalty assessment. The revised civil penalty is therefore a total
amount of $4224,64, which includes 5724.64 in investigative costs. A copy of the Director's decision is
attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter
to the attention of:
Miressa D. Garoma
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
1617 Mai! Service Center, r?aleiah, N� ,'� Card!na 27699-1617
Lccavoc: 51214. 5aiisuury S4. Ralei-n, Pionh :,aroGna 2760;
Flnone. 919-80 -630p l F-,Y,: 9i 9$v7-6 i i l Gasmmer Service 1-977-523-6748
Internet: wym,.ncwateraualitv.ar
4n dual '� p�:.ftL'�1+ry 1 A`�r-acrr= 4�s�;,n cTr,13vF.
Onc
NofthCarolina
,Vatu1'al4y

Sally Gooden
Case No. PC-2010-0061
Bladen Countv
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil
Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send
the completed form to:
Miressa D. Garoma
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral presentation (if you
make the request). if the Chairman determines that there is a compelling reason to require a presentation,
you will be notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Miressa D. Garoma at
[phone].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operations Unit
Attachments
cc: Art Barnhardt, Fayetteville Regional Office
Enforcement File #PC-2010-0061
APS Central Files

STATE OF NORTH CAROLINA ENV1RONMENTTAL MANAGEMENT COMMISSION
r
COUNTY OF BLADEN
DWQ Case Number PC-2010-0061
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
SALLY GOODEN
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request. I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh.
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my orisinal remission request. and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality. the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar_comlethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee, however, if you intend on having another individual speak -
on your behalf regarding the factual situations. such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• if you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners. your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the
day of
20
SIGNATURE
TITLE (President. Owner, etc.)
ADDRESS
TELEPHONE

Dri'ISION OF WATER QUALITY
CIV1L PENALTY REMISSION FACTORS
Case Number: PC-2010-0061 Region: Fayetteville County: Bladen
Assessed Entity: Sally Gooden Permit: AWS090068
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Submitted Remission factor:
Immediately following the incident described, action was taken by farm management staff and the applicator
Matt Price to prevent any environmental damage resulting from the violation. To the extent possible, areas were
disked in to prevent any potential runoff of animal waste, and additional samples were taken of the sludge
material.
DWO Response:
The disking and sampling is required by permit and guidelines, not as abatement.
® (c) Whether the violation was inadvertent or a result of an accident:
Submitted Remission factor:
Ms. Gooden. and farm staff were not aware that buffer requirements were not being met during the sludge
application noted. Mr. Price, who was contracted to do this work., was also not aware that manure was being
applied in close proximity to a well, property line, or residence. The farm owner and applicator had been assured
by the farmer receiving the sludge material that it would be incorporated within the 48 hour timeframe required.
The faun owner does not own adequate equipment to incorporate the material, and therefore, was relying on the
third party. Finally, the over application noted were based on non -representative samples and, ultimately, an
averaging of several samples taken. It was not their intention to over apple, rather, applications were intended to
be made in compliance with the sludge management plan prepared for the event.
DWO Response:
Poor planning and execution of the application event were. the root cause of the violation, not accidental or
inadvertent.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Submitted Remission factor:
White Bay Nursery Farm has a stellar record with regards to violations of water quality permits.
DWO Response:
A RIMS search vielded no past enforcements.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Submitted Remission factor:
The White Bay Nursery Farm is in desperate need of new irrigation equipment to replace the existing equipment
required by their permit. Current quotes indicate that the combination of a new irrigation reel and pump will cost
the farm approximately S25,000. Payment of this full penalty amount will severely affect their ability to
purchase this equipment. We ask that the Division consider this during review of this remission request.
DWQ Response:
The items mentioned above are regular maintenance items, but could benefit from reduced penalty.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission EY�'v o (Enter Amount Remitted)
Coleen H. Sullins Date
rry ik-9.31MI)

WREN 6
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretan'
August 30, 2010
CERTIFIED MAIL4 7007 0220 0003 0155 8198
RETURN RECEIPT REQUESTED
Sally Gooden
White Bay Nursery Farm
PO Box 1242
Elizabethtown, NC 28337
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 09-0068
Bladen County
File No. PC-2010-0061
Permit No. AW S090068
Dear Ms. Gooden:
RECEIVED
sEP 0 9 2010
DENR-FAYET ULLE REGIONAL OFFICE
This letter transmits notice of a civil penalty assessed against Sally Gooden in the amount of S5224.64,
which includes $724.64 in investigative costs. Attached is a copy of the assessment document explaining
this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
I. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
Miressa D Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1617 Mail Service CentL . Raleigh. North Carolina 27699-1617
Location: .512 N. Salisbunl St. Raleigh. North Carolina 27604 One
Phone:[phone]'FAX: 9]9-R07-Cr49? CustomerSenice:1-8'7-623-6748 NorthC-arolina
lnterrret: www_ncwatn ualitv.or- Nat(�e 1riaL✓!
llr'
An Equal Opportunity AfftrmativcAction EmployLr

Sally Gooden
August 30, 2010
Page 2
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of Water Quality will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions
for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings.
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5.00 p.m., except for official state holidays. The petition may

s
Sally Gooden
August 30, 2010
Page 3
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed
original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-231) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for
the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. if you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely, _
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
File # PC-2010-0061 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

. _ .
STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF )
SALLY GOODEN )
FOR VIOLATIONS OF SWINE WASTE )
GENERAL PERMIT AWG100000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2010-0061
, MCC:1 �
SEP 0 2010
FINDINGS AND DECISIOKM-FAYffWLLE UGIONAL 09,01
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush Jr., Chief of the
Aquifer Protection Section of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Sally Gooden owns and operates White Bay Nursery Farm, a permitted swine animal
feeding operation in Bladen County.
B. Sally Gooden was issued Certificate of Coverage AWS090068 under Swine Waste
Management System General Permit AWG100000 for White Bay Nursery Farm on
October 1, 2009, effective upon issuance, with an expiration date of September 30, 2014.
C. Condition No. 1.8. of General Permit AWG100000 states in part that "Animal waste shall
not be applied within 100 feet of any well with the exception of monitoring wells".
D. Condition No. 11.4. of General Permit AWG100000 states that "Land application rates
shall be in accordance with the CAWMP. In no case shall land application rates exceed
the agronomic rate of the nutrient of concern for the receiving crop".
E. Condition No. 11.7. of General Permit AWG100000 states in part that "If manure or
sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into
the soil within two (2) days after application on the land, or prior to the next rainfall
event, whichever occurs fast".
F. Condition No. 11.13. of General Permit AWG100000 state in part that "At the time of
sludge removal from a lagoon/storage pond, the sludge must be managed in accordance
with the CAWMP". The facility's CAWMP states that "Animal waste shall not be
applied closer than 200 feet of dwellings other than those owned by the landowner".
G. On April 8, 2010, DWQ staff was driving by White Bay Nursery Farm and noticed that
sludge was being applied to a bare ground. Inspection of the waste application field
reveled that waste was applied at an excessive rate. The person on site said that the
farmer would not be able to disk the field within two days. Follow-up inspection on April
13, 2010 confirmed that sludge was not disked in much of the field except the field
border.

H. On April 12, 2010 DWQ staff from FRO received a complaint call from a neighboring
homeowner that sludge was applied close to his well. On April 13, 2010 DWQ staff made
a site visit and documented that sludge was applied at 48 feet from the well.
1. On April 14, 2010 staff from FRO conducted a follow-up inspection and discovered that
waste had been applied within 75 feet of a residence property line not owned by the
producer and within 200 feet from a residence not owned by the producer. A review of
land application records revealed that waste had been applied at rates in excess of the
Plant Available Nitrogen (PAN) rate for two fields.
J. Sally Gooden does not have a permit for the above described activities.
K. DWQ responded by issuing the facility a Notice of Intent to Enforce on May 13, 2010,
which was delivered to Dale Meyer on May 15, 2010.
L. The costs to the State of the enforcement procedures in this matter totaled $724.64
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Sally Gooden is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to apply sludge in accordance with the well setbacks stated in the
CAWMP violated Condition No. I.8. of General Permit AWG 100000.
D. The above -cited failure to apply animal waste at rates in accordance with the facility's
CAWMP violated Condition No. 11.4. of General Permit AWG 100000.
E. The above -cited failure to incorporate sludge that was applied to conventionally tilled
bare soil within two days in accordance with the CAWMP violated Condition No. 11.7. of
General Permit AWG100000.
F. The above -cited failure to manage the sludge in accordance with the CAWMP, specified
property line and residential structure setbacks, violated Condition No. H.13. of General
Permit AWG 100000,
G. Sally Gooden may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
per violation may be assessed against a person who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit required by G.S. 143-215.1.
H. The State's enforcement costs in this matter may be assessed against Sally Gooden
pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8).
1. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.

Based upon the above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Sally Gooden owner of White Bay Nursery Farm at the time of the noncompliance
is hereby assessed a civil penalty of -
for violating Condition No. 1.8. of General Permit AWG100000
for failing to apply sludge in accordance with the well setbacks
stated in the facility s CAWMP.
pJ
/v a 0
S 724.64
S. !�- �2 ?,ya6�/
for violating Condition No. II.4. of General Permit AWG100000
for failing to apply animal waste at rates in accordance with the
facility's CAWMP.
for violating Condition No.I1.7
for failing to incorporate
conventionally tilled bare soil
with the CAWMP.
of General Permit AWG100000
sludge that was applied to
within two days in accordance
for violating Condition No.11.13. of General Permit AWG100000
by failing to manage the sludge in accordance with the CAWMP,
property line and residential structure setbacks.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
As required by G. S. 143-215.6A(c) in determining the amount of the penalty I have considered the
factors listed in G. S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality

.14
All
gojy Y F
uc
"it.
North Carolina Department of Environment and Natural Resources
Division of Water Quaity
Beverly Eaves Perdue Coleen H. S{,liins
Governor Director
May 13, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Sally Gooden
PO Box 1242
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENINOV-2010-PC-0456
Administrative Code 15A NCAC 2T .1304
White Bay Nursery Farm Facility No. 09-68, Permit No. AWS090068
Bladen County
Dear Ms. Gooden:
a
Dee Freeman
Secretary
On April 16, 2010 and May 4, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) inspected the White Bay Nursery Farm and the permitted waste disposal system. We wish to thank Mr.
Ronald Gooden 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 I:
Failure to apply sludge in accordance with the well setbacks stated in your facilities Certified Animal
Waste Management Plan. (Permit No. AWS090068 Section 1. 8.)
On April 12, 2010 received a complaint from a homeowner that sludge was applied close to his well. On April 13,
2010 DWQ staff made a site visit and documented that sludge was applied at 48 feet from the well. A well water
sample was taken. On April 16, 2010 DWQ staff meet with Mr. Gooden and documented the sludge applied next to
the well was from White Bay Nursery Farm.
Required Corrective Action for Violation 1:
In the future do not apply any waste from your farm within 100 feet of any well. Your permit specifically requires
that no animal waste shall be applied within 100 feet of any well with the exception of monitoring wells.
AQUIFER PROTECTION SECTION
225 Green Si., Ste, 7-14
Fayetteville, North Carolina 23301 Olin
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 ��� �� �I,01 �.nQ
Internel: wvvvv,h26.enr.state.nc.us 1
An Equa! Opponunilq ; fiYumaiivE Acliaa Lmploy'er J

,0
Ms. Gooden
May 13, 2010
Page 2
Violation 2,-
Failure to manage the sludge removal in accordance with the CAWMP. (Permit No. AWS090068 Section II 13.)
On April 16, 2010 DWQ staff documented that you had applied sludge from White Bay Nursery Farm within the
75 foot of a residence property line not owned by the producer. Also applied sludge within the 200 foot setback
from a residence not owned by the producer at multiple residence.
Required Corrective Action for Violation 2:
In the future, please comply with the SB515 setbacks as stated in your CAWMP in the Narrative of operation
section.
Violation 3:
Failure to incorporate sludge that was applied to conventionally tilled bare soil within two day in accordance with
your permit and Certified Animal Waste Management Plan: (Permit No. AWS090068 Section 11. 7.)
On April 8, 2010 it was documented that sludge had been applied to Tract no. T10568 field 3. Mr. Gooden advised
DWQ staff that the farmer was unable to disk the field at this time. DWQ staff asked Mr. Gooden if possible to disk
a border around the field. On April 14, 2010 it was documented that a border had been disked around the field only.
On April 16, 2010 it was documented that the field had been disked and corn planted.
Required Corrective action for Violation 3:
In the future incorporate waste into the soil within two days after application on the land, please take all necessary
steps to insure this violation does not reoccur.
Violation 4:
Failure to apply animal waste (sludge) at rates in accordance with your permit and Certified Animal Waste
Management Plan: (Permit No. AWS090068 Section I14 and 13).
On May 4, 2010 it was documented that sludge was applied at rates that exceed the nitrogen needs for realistic crop
yields.
Required Corrective action for Violation 4:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to over application of PAN and take all necessary steps to insure this violation does not reoccur. The steps could
include but are not limited to modification of you Certified Animal Waste Management Plan and/or adjustment and
calibration of the application equipment. Actual sludge analysis should be used for all recordkeeping.

Ms. Gooden
May 13, 2010
Page 3
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before June 15, 2010:
1. Copies of all the pumping records, lagoon levels, rainfall records, waste analyses and land agreements
with land owners for land not owned by producer for this Sludge removal from March 1, 2010 to the
present along with a copy of your Sludge C_4WMP_
2. An explanation from the OIC for this farm regarding how these violations occurred.
3. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the
future.
You are required to take any necessary action to correct the above violations on or before June 15, 2010 and
to provide a written response to this Notice by June 15, 2010. 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 following receipt 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 or me. at [phone].
Sincerely,
Art BarnhArdt
Environme QI Program Supervisor
cc: Keith Larick CAFO Unit
Krieg Westerbeek Murphy Brown
Danny Edwards FRO S & WC
FRO AP files

NCDEN�
North Carolina Department of Environment and Natural Resources
Division of Water Quality ,
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary,
June 10, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Sally Gooden
PO Box 1242
Elizabethtown, NC 28337
SUBJECT: Request For Information
White Bay Nursery Farm
09-68 / Bladen County
Dear Ms. Gooden:
On May 20, 2010 you submitted information requested in a NOV/NO1 letter dated May 13, 2010. The
Division of Water Quality would like to thank you for this.
Additional information requested is your Slur-1 forms for White Bay Nursery. Because Cow Ford Nursery
used the same Sludge Application Plan as White Bay Nursery we request that you send the Slur-1 and 2 forms
also the waste analysis report used for Cow Ford Nursery.
If you have any questions concerning this request for information, please contact me at (910)-303-0151.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: 910A33-33001 FAX: [phone] Customer Service: 1-877-623-6748
Intemet: www.h20.enr.s1a1e.nc.us
Sincerely,
Steve uyton
Environmental Specialist
NorthCarolina
An Equai ppporlunity t Affirmative Action Employer

FORM SLUR-2
Tract # 11514
Field Size(Wetted Acres)=(A) 7.37
Farm Owner Ronald Gooden - White Bav Farm
Owner's Address IPO Box 1242
Elizabethtown,
Owner's Phone # [phone]
Slurry and Sludge Application Field Records
One Form for Each Field per Crop Cycle
Field #
Facility Number
Spreader Operator
and Address
Operator's Phone #
From Animal Waste Management Plan
Crop Type Corn Recommended PAN 143.75
Loading (lb/acre) = (B)
(1) (21 (3) (4) (5) (6) (7) (8)
—*Nutrient
Source
Date
(mmlddlyr)
Number
of Loads
per Field
Volume of
each toad'
(gallons)
Total Volume
(gallons)
(2) x (3)
Volume per Acre
(gailonslacre)
(4) / (A)
Waste Analysis
PAN'"
(lb11000 gal)
PAN Applied
(Iblacre)
(6) x (5) / 1000
Nitrogen Balance—
(Iblacre)
(B) - (7)
B= 143.75
WBA2,2,1
4/8/2010
51
6300
31500
4274.08
9.9
42.31
101.44
Crop Cycle Totals:
Owners Signature
Certified Operator (print)
Spreader Operator's Signature
Operator Certification No.
" Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
" See your waste management plan for sampling frequency. At a minimum, waste analys{s is required within 60 days of land application events.
—Enter the value received by subtracting column (7) from (8), Continue subtracting column (7) from column (8) following each application event.
—Enter nutrient source (ie. LagoonlStorage Pond ID, commerical fertilizer, dry litter, etc.)
3/14/2003

a A�zj

Facility No_ _ / ` Time In —lam oC Time Out Date q'` l
Farm Name a r i n Fay acl Integrator
Owner Site Rep
Operator No.
Back-up No. -
COC Circle_ General or NPDES '
Design
Current
Design
Current
Wean -- Feed
Ce [ro
Farrow — Feed
• Wean - Finish
Farrow — Finish
Feed — Finish
Gilts / Boars
Farrow — Wean
Others
FREEBOARD: Design Observed
Sludge Survey Calibration/GPM �� 1
Crop Yield Waste Transfers
Ram Gauge Rain Breaker
Soil Test �" PLAT Wettable Acres e____
Weekly Freeboard Daily Rainfall , 1-in Inspections f�
Spray/Freeboard Drop
Weather Comes 120 min Inspections
Waste Analysis:
Date Nitrogen (N) Date Nitrogen (N)
� 4 '

Facility No. `1 r!v Time In (0 ; t2c7 Time Out
Farm Name Integrator o4t'
owner �� rya _ Site Rep
Operator_ Ca�+�-! _ No.
Back-up No.
COC Circle'. General or NPDES
Date �_ � _ 0_
Design'_Current
Desi n
Current
Wean — Feed
Farrow — Feed
Wean, -Finish
w .t,.
Farrow — Finish
Feed — Finish
Gilts / Boars
Farrow — Wean
Others
FREEBOARD: Design /
Sludge Survey
Crop Yield
Rain Gauge
Soil Test �' PLAT
Weekly Freeboard L/ Daily Rainfall -
Spray/Freeboard Drop L�
Weather Codes �120 min Inspections
Waste Analysis:
Date Nitrogen (N)
�J'r
Observed
Calibration/GPM / /
Waste Transfers 1�
Rain Breaker v
Wettable Acres v
1-in Inspections `---
Date Nitrogen (N)
Pull/Field Soil Crop Pan Window
Im
14
t

Lab Costs as of 6/7/10
Test
Cost #
Total
BOD, 5 Day
18.11
0.00
t,'-Fecal Coliform, MF
17.75
0.00
k/NH3
14.00
0.00
fKN
16.39
0.00
t"NO3 + NO2
18.37
0.00
—f P
16.29
0.00
NO3 only
16.07
0.00
(NO2 only)
14.14
Total
0.00
0cy e\'.
3 a7,'S

FORM SLUR-2
Tract # 11514
Field Size(Wetted Acres)=(A) 32.9
Farm Owner Ronald Gooden - White
Owner's Address PO Box 1242
Elizabethtown, NC
Owner's Phone # [phone]
Slurry and Sludge Application Field Records
One Form for Each Field per Crop Cycle
Field #
Facility Number
Farm Spreader Operator
and Address
Operator's Phone #
From Animal Waste Management Plan
Crop Type Corn Recommended PAN 143.75
Loading (lb/acre) = (B)
fit (2) f31 (4) (5) (6) (7) (8!
""Nutrient
Source
Date
(mmlddlyr)
Number
of Loads
per Field
Volume of
each Load'
(gallons)
Total Volume
(gallons)
(2) x (3)
Volume per Acre
(gallonsiacre)
(4) I (A)
Waste Analysis
PAN-
(lb11000 gal)
PAN Applied
(lb/acre)
(6) x (5)1 1000
Nitrogen Balance —
(lb/acre)
(B)-(7)
g= 143.75
WBA2,2,1
4/8/2010
5
6300
31500
957.45
9.0
9.48
134.27
4/5/2010
7
3600
25200
766.00
9.9
7.5834
126.6878766
4/6/2010
9
3600
32400
984.8024316
9.9
9.749544073
116.9383325
4/7/2010
16
3600
57600
1750.759878
9.9
17.3325228
99.57
4/8/2010
16
3600
57600
1750.759878
9.9
17.3325228
82.2374772
Crop Cycle Totals: I I
Owners Signature
Certified Operator (print)
Spreader Operator's Signature
Operator Certification No.
` Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
" See your waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
—Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event,
—Enter nutrient source (ie. Lagoon/Storage Pond ID, commerical fertilizer, dry litter, etc.)
3/14/2003

NCDA&CS Agronomic Division Phone: [phone] Web site: www.ncag.gov/avonomi/
Report: W07341
Grower:
Gooden, Seily/Ronald/Alex
Copies to:
PO Box 1242
340 Johnson Rd
°
Waste Analysis
Ellaabethtoam, NC 28337
-
eport
Farm:
ReceNed: 04/1212010 Completed: 04/20/2010 Links to Helpful
-Information
ttkukn County
Sample Information
Laboratory Ratllts (perte per million unless otherwise noted)
Sample M.
N
P X Ca
MI S
Fe Mn Zn CU
B MO Cl C
rota! 4793
3837 1178 4815
2158 1596
1269 101 1096 327
11.4
WBA2
IMN
tpaate Code;
-NH4
Na M Cd
Pb Al
Se U H SS
C;N DAAS CM ALE(W)
ASS
-A'03
286
7.08
Description:
OR-N
Nine Upon S1
Urea
Nutrients Available for first Crop
Mbs I000
Utter Blements Mbs a000 MMoaa
Agawam Am"
N P203 K20 Cd M8 S Fe
Mn Zn Ca
B Mo CI
Na
M Cd Pb Al se Li
24.0 58.6 10.6 32.1 14.4 10.7 8.5
0.67 7.3 2.2
0.08
2,4
Compkled: 4/16/2010
North Carolina
luhacc%s Irust t U11d (_011111I sitti)
Reprogramming of the laboratory -information- management system that makes this report possible Is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
- Steve Troxler, Commissioner of Agriculture

3�2 7//0 � , j

FORM SLUR-2
Tract # 10568
Field Size(Wetted Acres)=(A) 17,71
Farm Owner Ronald Gooden - W
Owner's Address PO Box 1242
Elizabethtown. NC
Owner's Phone # [phone]
Slurry and Sludge Application Field Records
One Form for Each Field per Crop Cycle
Field #
Facility Number
Farm Spreader Operator
and Address
Operator's Phone #
From Animal Waste Management Plan
Crop Type Corn Recommended PAN 156.25
Loading (Iblacre) = (B)
1th 121 (3) (4) (5) (6) (7) (8)
""Nutrient
Source
Date
(mm/ddlyr)
Number
of Loads
per Field
Volume of
each Load'
(gallons)
Total Volume
(gallons)
(2) x (3)
Volume per Acre
(gallonstacre)
(4) 1 (A)
Waste Analysis
PAN"
(Ib11000 gal)
PAN Applied
(lb/acre)
(6) x (5) 1 1000
Nitrogen Balance"
(Iblacre)
(B)-(7)
e= 156.25
WBA2,2,1
4/6/2010
13
6300
81900
4624.51
9.9
45.78
110.47
4/7/2010
30
6300
189000
10671.93676
9.9
105.6521739
4.815217391
Crop Cycle Totals:
Owners Signature
Certified Operator (print)
Spreader Operator's Signature
Operator Certification No.
Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
See your waste management plan for sampling frequency. At a minimum, waste anaiysis is required within 60 days of land application events.
—Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event.
"'Enter nutrient source (ie, Lagoon/Storage Pond 10, commerical fertilizer, dry litter, etc.)
3/14/2003
G
a

FORM SLUR-2
Tract # 4094
Field Size(Wetted Acres)=(A) 6.82
Farm Owner Ronald Gooden - White Bav Farm
Owner's Address I
PO Box 1242
Elizabethtown. NC
Owner's Phone # If 9101876 2041
Slurry and Sludge Application Field Records
One Form for Each Field per Crop Cycle
Field #
Facility Number
Spreader Operator
and Address
Operator's Phone #
From Animal Waste Management Plan
Crop Type Corn Recommended PAN 156.25
Loading (lb/acre) = (B)
(1) (2) (3) (4) (5) (6) (7) (8)
"'"Nutrient
Source
Dale
(mmlddlyr)
Number
of Loads
per Field
Volume of
each Load'
(gallons)
Total Volume
(gallons)
(2) x (3)
Volume per Acre
(gallons/acre)
(4)1(A)
Waste Analysis
PAN"
(lbl1000 gal)
PAN Applied
(lb/acre)
(6) Y. (5)1 1000
Nitrogen Balance—
(lb/acre)
(B) - (7)
a= 156.25
WBA2,21
41812010
10
6300
63000
9237.54
9.9
91.45
64.80
Crop Cycle Totals:
Owners Signature
Certified Operator (print)
Spreader Operators Signature
Operator Certification No.
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
See your waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
—Enter the value received by subtracting column (7) from (6). Continue subtracting column (7) from column (8) following each application event.
—Enter nutrient source (ie. Lagoon/Storage Pond ID, commerical fertiiizer, dry litter, etc.)
3/14/2003

North Carolina Department of Environment and Natural Resources
Division of Wafer Quality
Beverly Eaves Perdue Coleen H. Sul lies
Governor Director
May 13, 2010
CERTIFI-ED MAIL
RETURN RECEIPT REQUESTED
Ms. Sally Gooden
PO Box 1242
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION/ NOTICE OF INTEN/NOV-2010-PC-0456
Administrative Code 15A NCAC 2T .1304
White Bay Nursery Farm Facility No- 09-68, Permit No. AWS090068
Bladen County
Dear Ms. Gooden:
Dee Freeman
Secretary
On April 16, 201Q and May 4, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) inspected the White Bay Nursery Farm and the permitted waste disposal system. We wish to thank Mr.
Ronald Gooden 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 apply sludge in accordance with the well setbacks stated in your facilities Certified Animal
Waste Management Plan. (Permit No. AWS090068 Section 1. 8.)
On April 12, 2010 received a complaint from a homeowner that sludge was applied close to his well. On April 13,
2010 DWQ staff made a site visit and documented that sludge was applied at 48 feet from the well. A well water
sample was taken. On April 16, 2010 DWQ staff meet with Mr. Gooden and documented the sludge applied next to
the well was from White Bay Nursery Farm -
Required Corrective Action for Violation 1:
In the future do not apply any waste from your farm within 100 feet of any well. Your permit specifically requires
that no animal waste shall be applied within 100 feet of any well with the exception of monitoring wells.
AQUIFER PROJECTION SEC710N
225 Green St., Sie- 714
Fayetteville. North Carolina 23301
Phone: 91D-433-33001 FAX : [phone]'071 Cusiomer Service: l-E77-G23-6748 �31
interiiel. Un h2o.enr.state.nc us
q rla }• a. C cto.}e6 �i

Ms. Gooden
May 13, 2010
Page 3
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before June 15, 20M
1. Copies of all the pumping records, lagoon levels, rainfall records, waste analyses and land agreements
with land owners for land not owned by producer for this Sludge removal from March 1, 2010 to the
present along with a copy of your Sludge CAW1L,fP.
2. An explanation from the OIC for this farm regarding how these violations occurred.
3. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the
future.
You are required to take any necessary action to correct the above violations on or before June 15, 2010 and
to provide a written response to this Notice by June 15, 2010. 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 following receipt 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 or me at [phone].
Sincerely,
Art BarnhArdt
EnvironmeWl Program Supervisor
cc: Keith Larick CAFO Unit
Krieg Westerbeek Murphy Brown
Danny Edwards FRO S & WC
FRO AP tiles

Ms. Gooden
May 13, 2010
Page 2
Violation 2:
Failure to manage the sludge removal in accordance with the CAWMP. (Permit No. AWS090068 Section 11 13.)
On April 16, 2010 DWQ staff documented that you had applied sludge from White Bay Nursery Farm within the
75 foot of a residence property line not owned by the producer. Also applied sludge within the 200 foot setback
from a residence not owned by the producer at multiple residence.
Required Corrective Action for Violation 2:
In the future, please comply with the SB515 setbacks as stated in your CAWMP in the Narrative of operation
section.
Violation 3:
Failure to incorporate sludge that was applied to conventionally tilled bare soil within two day in accordance with
your permit and Certified Animal Waste Management Plan: (Permit No. AWS090068 Section 11. 7.)
On April 8, 2010 it was documented that sludge had been applied to Tract no. T10568 field 3. Mr_ Gooden advised
DWQ staff that the farmer was unable to disk the field at this time. DWQ staff asked Mr. Gooden if possible to disk
a border around the field. On April 14, 2010 it was documented that a border had been disked around the field only.
On April 16, 2010 it was documented that the field had been disked and corn planted.
Required Corrective action for Violation 3:
In the future incorporate waste into the soil within two days after application on the land, please take all necessary
steps to insure this violation does not reoccur.
Violation 4:
Failure to apply animal waste (sludge) at rates in accordance with your permit and Certified Animal Waste
Management Plan: (Permit No. AWS090068 Section 114 and 13)_
On May 4, 2010 it was documented that sludge was applied at rates that exceed the nitrogen needs for realistic crop
yields.
Required Corrective action for Violation 4:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to over application of PAN and take all necessary steps to insure this violation does not reoccur. The steps could
include but are not limited to modification of you Certified Animal Waste Management Plan and/or adjustment and
calibration of the application equipment. Actual sludge analysis should be used for all recordkeeping.

- Ms. Gooden
May 13, 2010
Page 3
The Division of Water Quality requests that. in addition to the specified corrective action above, please submit the
following items on or before June 15, 2010:
1. Copies of all the pumping records, lagoon levels, rainfall records, waste analyses and land agreements
with land owners for land not owned by producer for this Sludge removal from March 1, 2010 to the
present along with a copy of your Sludge CAu'MP.
2. An explanation from the OIC for this farm regarding how these violations occurred
3. A list from the O1C concerning the steps that will be taken to prevent these violations from occurring in the
future.
You are required to tame any necessary action to correct the above violations on or before June 15, 2010 and
to provide a written response to this Notice by June 15, 2010. 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. 1f 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 following receipt 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 or me at [phone].
Sincerely,
Art BaTnhArdt
Environme Q1 Program Supervisor
cc: Keith Larick CAFO Unit
Krieg Westerbeek Murphy Brown
Danny Edwards FRO S & WC
FRO AP files

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so that we can return the card to you.
■ Attach this card to the back of the mallpiece,
or on the front if space permits.
f. Article Addressed to:
MS. SALLY GOODEN
PO BOX 1242
ELIZABETHTOWN, NC 28337
A. Sign ure
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B. Received by I Printed Name) C. Date of Delivery
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4. Restricted Delivery? (Extra Fee) ❑ Yes
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P5 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1640

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M 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 maliplece,
or on the front H space pemtlts.
t. Article Addressed to:
MS. SALLY GOODEN
PO BOX 1242
ELIZABETIATOWN, NC 28337
A Sig39��
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B. Received by ( red Name) C. bate of Delivery
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Reveily Eak'e; Iperclue' Coleen r. Sullins
Governor Director
May I3, 2010
CERTIFIED MAIL
RETURN RECEIPT RE VESTED
Ms. Sally Gooden
PO Box 1242
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION/ NOTICE OF INTEN/NOV-2010-PC-0456
Administrative Code 15A NCAC 2T .1304
White Bay Nursery Farm Facility No. 09-68, Permit No. AWS090068
Bladen County
Dear Ms. Gooden:
Dee Freemen
secret.1ry
On April 16, 2010. and May 4, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) inspected the White Bay Nursery Farm and the permitted waste disposal system. We wish to thank Mr.
Ronald Gooden 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 apply sludge in accordance with the well setbacks stated in your facilities Certified Animal
Waste Management Plan. (Permit No. AWS090068 Section 1. 8.)
On April 12, 2010 received a complaint from a homeowner that sludge was applied close to his well. On April 13,
2010 DWQ staff made a site visit and documented that sludge was applied at 48 feet from the well. A well water
sample was taken. On April 16, 2010 DWQ staff meet with Mr. Gooden and documented the sludge applied next to
the well was from White Bay Nursery Farm.
Required Corrective Action for Violation 1:
In the future do not apply any waste from your farm within 100 feet of any well. Your permit specifically requires
that no animal waste shall be applied within 100 feet of any well with the exception of monitoring wells.
AQUIFER PROTECTION SECTION
[25 Green S,., Sie. 714
Fayetteville, Norsh Carolina 23301
Phone: [phone] FAX . [phone] CU5ionler Service; 1-877-623-67,18 �11� r ,
1 Jor�hCai-ohna
inienlel, v,�w..E3?O.entstate.nc.us � ¢ ) /�I� }'
n �yt:a!Qpporirr,:rtj F.Yrrm,�.�_.:Ac!:c:� �•^�loF2. b,;i �6`f
A

Ms. Gooden
May 13, 2010
Page 3
The Division of Neater Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before June 15, 2010:
1. Copies of all the pumping records, lagoon levels, rainfall records, waste analyses and land agreements
with land owners for land not owned by producer, for this Sludge removal from March 1, 2010 to the
present along with a copy of your Sludge CAWMR
2. An explanation from the OIC for this farm regarding how these violations occurred.
3. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the
future.
You are required to take any necessary action to correct the above violations on or before June 15, 2010 and
to provide a written response to this Notice by June 15, 2010. 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 arc other factors, which should be considered, please send such information to me in writing within
ten (10) days following receipt 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 or meat [phone].
Sincerely,
Art BarnhArN
EnvironmeWl Program Supervisor
cc: Keith Larick CAFO Unit
Krieg. Westerbeek Murphy Brown
Danny Edwards FRO S & WC
FRO AP files

Ya,�
Q William V. floss Jr., secretary
- -
G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P-E. Director
Division of Water Quality
N k= W
June 8, 2005
ERTIFIED MAIL
:ETURN RECEIPT REQUESTED
As. Sally T. Gooden
3.0. Box 1242
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT
Administrative Code 15A NCAC 2H .0217
White Bay Nursery Farm
Facility No_ 9-68
Bladen County
Permit No. AWS090068
Dear Ms. Gooden:
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 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
Violation 1: Land application was not in accordance with the Certified Animal Waste Management Plan; land
application rates exceeded the Plant Available Nitrogen rate for the receiving crop. (Permit No.
AWS090068 Section 11.4)
On June 8, 2005, a representative from the DWO, responding to a referral from the DSWC, inspected your facility's on -
site records and confirmed that PAN over -application occurred on Pull 1B. According to the WUP, the small grain
overseed crop can receive a maximum of 50 lb PANIac. The pull received 75.5 lb PANIac (+ 51.0%).
Required Corrective Action for Violation 1:
In the future, please check the accuracy of all irrigation calculations and that the correct waste analysis PAN values are
listed on the IRR-2 forms.
Violation 2: A vegetative cover was not maintained as specified in the facility's Certified Animal Waste
Management Plan on all land application fields. (Permit No. AWS090068 11.2)
On June 8, 2005, a representative from the DWO, responding to a referral from the DSWC, inspected your facility's on -
site records and confirmed that the soybean crop for Pull 2B has not been planted.
Required Corrective Action for Violation 2:
Make arrangements to plant the soybean crop as soon as possible.
Division of Water Quality/Aquifer Protection Section
NCL)ENR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet: htta:l/gw.ehnr.state.nc.us
Customer service: [phone]

w
-Ms. Gooden
June 8, 2005
Page 2
Violation 3: Land application was not in accordance with the Certified Animal Waste Management Plan; land
application rates exceeded the Plant Available Nitrogen rate for the receiving crop. (Permit No.
AWS090068 Section 11.4)
On June 8, 2005, a representative from the DWQ, responding to a referral from the DSWC, inspected your facility's on -
site records and confirmed that PAN over -application occurred on Pull 2B. According to the on -site records, irrigation
events on 416/05 and 4/19/05 combined to apply 49.0 lb PAN/ac without the proper receiving crop being established in
accordance to the CAWMP_
Required Corrective Action for Violation 3:
In the future, please verify that the land application field has the appropriate receiving crop before applying waste.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before June 27, 2005:
1. An explanation from the OIC as to how these violations occurred
2. A list from the OIC of the steps that will be taken to prevent these violations from occurring in the future
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this
violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty
of not more than $25,000.00 per day per violation.
If you do not believe that enforcement is appropriate for this violation, please submit a detailed, written justification of why
you feel that this office should not proceed with a recommendation for enforcement. This office should receive your
response on or before June 27, 2005. Information submitted to this office will be reviewed and, if enforcement is still
deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett,
Environmental Engineer, or myself at [phone].
Sincerely,
4- a
Steph. Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick — Compliance Group
Chris Bordeaux — Bladen County NRCS
Trent Allen — FRO DSWC
Central Files -- Raleigh

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WA r- Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
A X pG North Carolina Department of Environment and Natural Resources
co 7 Alan W. Klimek, P.E. Director
} y Division of Water Quality
!7 �
June 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Sally T. Gooden
P-O- Box 1242
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION N-V,,e- dP Jnte,,] -
Administrative Code 15A NCAC 2H .0217
White Bay Nursery Farm
Facility No- 9-68
Bladen County
Permit No- AWS090068
Dear Ms. Gooden_
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 2H .0217, you have been found to be in violation of your 2H .0217 Permit -
Violation 1: Land application was not in accordance with the Certified Animal Waste Management Plan; land
application rates exceeded the Plant Available Nitrogen rate for the receiving crop. (Permit No.
AWS090068 Section 11.4)
On June 8, 2005, a representative from the DWQ, responding to a referral from the DSWC, inspected your facilitys on -
site records and confirmed that PAN over -application occurred on Pull 1B- According to the WUP, the small grain
overseed crop can receive a maximum of 50 lb PANIac. The pull received 75.5 lb PANIac (+ 51.0%).
Required Corrective Action for Violation 1:
In the future, please check the accuracy of all irrigation calculations and that the correct waste analysis PAN values are
listed on the IRR-2 forms.
Violation 2: A vegetative cover was not maintained as specified in the facility's Certified Animal Waste
Management Plan on all land application fields. (Permit No. AWS090068 11.2)
On June 8, 2005, a representative from the DWQ, responding to a referral from the DSWC, inspected your facility's on -
site records and confirmed that the soybean crop for Pull 2B has not been planted.
Required Corrective Action for Violation f 2
Make arrangements to plant the soybean crop as soon as possible.
A*A Division of Water QualitylAquifer Protection Section
NCDEN.R 225 Green Street, Suite 714, Fayetteville, NG 28301-5043
Phone: [phone] FAX [phone]
Internet: http://gw.ehnr_state.ne.us
Customer Service: [phone]

Ms. GoNen
June 8, 2005
Page 2
Violation 3: Land application was not in accordance with the Certified Animal Waste Management Plan; land
application rates exceeded the Plant Available Nitrogen rate for the receiving crop. (Permit No.
AWS090068 Section 11.4)
On June 8, 2005, a representative from the DWQ, responding to a referral from the DSWC, inspected your facility's on -
site records and confirmed that PAN over -application occurred on Pull 2B_ According to the on -site records, irrigation
events on 4/6105 and 4119/05 combined to apply 49.0 lb PAN/ac without the proper receiving crop being established in
accordance to the CAWMP_
Required Corrective Action for Violation 3:
In the future, please verify that the land application field has the appropriate receiving crop before applying waste.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before June 27, 2005:
1. An explanation from the OIC as to how these violations occurred
2_ A list from the OIC of the steps that will be taken to prevent these violations from occurring in the future
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this
violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty
of not more than $25,000.00 per day per violation.
If you do not believe that enforcement is appropriate for this violation, please submit a detailed, written justification of why
you feel that this office should not proceed with a recommendation for enforcement. This office should receive your
response on or before June 27, 2005. Information submitted to this office will be reviewed and, if enforcement is still
deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett,
Environmental Engineer, or myself at [phone].
Sincerely,
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick Compliance Group
Chris Bordeaux — Bladen County NRCS
Trent Allen — FRO DSWC
Central Files Raleigh

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Soil & Water Conservation
May 24, 2005
Mr. Ronald Gooden
P.O. Box 1242
Elizabethtown, North Carolina 28337
SUBJECT: Operation Review Notice of Referral for
White Bay Nursery Farm,
Facility Number 9-68,
Bladen County
Dear Mr. Gooden,
NCDENR
NORTH CAROLINA DLPARTMENT OF
ENVIRONMENT AND NATURAL RE5OURCEs
J Ti&
0/cs-
On May 18, 2005, an operation review was conducted of White Bay Nursery, facility number 9-
68, in Bladen County. This review, undertaken in accordance with G.S. 143-215.10D, is one
of two routine site visits scheduled for all subject animal operations in 2005. Staff from the
Division of Water Quality will conduct a separate compliance inspection.
• During the review, it was noted that 75.5 pounds of nitrogen per acre from swine waste
had been applied to the 2004/2005 small grain crop on pull 1 B. The allowable nitrogen
rate for the small grain on this pull is 50 pounds of nitrogen per acre.
• It was also noted that swine waste had been applied to pull 2B on April 6, 2005,
however the receiving crop had not yet been planted on this field. Your permit requires
that the crop be planted within 30 days of the first nitrogen application.
It was for these reasons that your operation was referred to the Division of Water Quality for
further investigation and possible enforcement action. G.S. 143-215.10E requires staff from
the Division of Soil and Water Conservation to notify the Division of Water Quality and the
owner/operator of these observed violations.
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal opportunity Affirmative Action Employer

M6 Mr. Ronald Gooden
May 24, 2005
Page 2
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with
this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any
questions, concerns or need additional information.
Sincerely,
Danny Edwards
Environmental Specialist
cc: Art Barnhardt, Division of Water Quality
Chris Bordeaux, Bladen Soil & Water Conservation District
Kraig Westerbeek, Murphy -Brown
Vernon Cox, Division of Soil & Water Conservation
225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

- — � Division of Water Quality
E 'acility Number `� (�� 0 Division of SoilREM, li Conservation
Other Agency
Type of Visit 4W Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit 0 Routine 0 Complaint 0 Follow up Q Referral 0 Emergency 0 Other ❑ Denied Access
Date of Visit: O Arrival Time: = r} Departure Time: County: a A- Region:
Farm Name: Owner Email:
Owner Name:
Mailing Address:
Physical Address:
Phone:
Facility Contact: 'Title: Phone No:
Onsite Representative: Integrator:
Certified Operator:
Back-up Operator:
Operator Certification Number:
Back-up Certification Number:
Location of Farm: Latitude: = c = I = G Longitude: = o ='
= "
Design Current Desrgn Current '"�' " Design Current
Swine Capacity Population Wet PoultPop 1 tton Cattle Capacity Population
❑ Wean to Finish ❑ Layer ❑ Dairy Cow
i
❑ Wean to Feeder wg ❑ Non -Layer I ❑ Dairy Calf
❑ Feeder to Finish $ ❑ Dairy Heifei
❑ Farrow to Wean ❑ D Cow
Poultry � �t
❑ Farrow to Feeder " " ' � El Non -Dairy
El Farrow to Finish' El Beef Stocket
❑Gilts v = s ❑ Beef Feeder
❑ Boars r ❑ Beef Brood Cowl
W k
Other
rz a
❑ Other t ��� Number of Structures:
❑ La
sm
ers
❑ Non -La ers
❑ Pullets
❑ Turkeys ❑ Turke Poults
❑ Other
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes El No El NA ❑ NE
Discharge originated at: El Structure El Application Field El Other
a. Was the conveyance man-made? El Yes ❑ No ❑ NA El NE
b. Did the discharge reach waters of the State? (if yes, notify DWQ) ❑ Yes El No El NA ❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ) ❑ Yes El No El NA ❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes El No ❑ NA El NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State ❑ Yes El No ❑ NA El NE
other than from a discharge?
12128104 Continued
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes El No El NA ❑ NE
Discharge originated at: El Structure El Application Field El Other
a. Was the conveyance man-made? El Yes ❑ No ❑ NA El NE
b. Did the discharge reach waters of the State? (if yes, notify DWQ) ❑ Yes El No El NA ❑ NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ) ❑ Yes El No El NA ❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes El No ❑ NA El NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State ❑ Yes El No ❑ NA El NE
other than from a discharge?
12128104 Continued

FacilityNumber: &T - 10 Date 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 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes ❑ No ❑ NA ❑ NE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed ❑ Yes ❑ No ❑ NA ❑ NE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? ❑ Yes ❑ No ❑ NA ❑ NE
8. Do any of the stuctures 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 [] Yes ❑ No ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA ❑ NE
maintenance/improvement?
11. Is there evidence of incorrect application? If yes, check the appropriate box below. C9Yes ❑ No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN KPAN > 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
ElOutside of Acceptable Crop Window ElEvidence of Wind Drifl ❑ Application Outside of Area I7 0%0 receiv, „q c
12. Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
❑ No
❑ NA
❑ NE
15_ Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination,[:]
Yes
❑ No
❑ NA
❑ NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
❑ No
❑ NA
❑ NE
Reviewer/Ins ector Name Phone:
P ['f0
Loma
Reviewer/Inspector Signature: Date:
17 12128104 Condnued

Facility Number: — $ Date of Inspection
Required Records & Documents
19_ Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA ❑ NE
20.
Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
❑ No
❑ NA
❑ NE
the appropirate box.
❑ WUP ❑Checklists El Design El Maps El Other
21.
Does record keeping need improvement? If yes, check the appropriate box below.
gYes
❑ No
❑ NA
❑ NE
54"Waste Application ❑ Weekly Freeboard 54Waste Analysis ❑ Soil Analysis ❑ Waste Transfers
❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑
Weather
Code
22.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
❑ No
❑ NA
❑ NE
23.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
❑ No
❑ NA
❑ NE
24.
Did the facility fail to calibrate waste application equipment as required by the permit?
❑ Yes
❑ No
❑ NA
❑ NE
25.
Did the facility fail to conduct a sludge survey as required by the permit?
❑ Yes
❑ No
❑ NA
❑ NE
26.
Did the facility fail to have an actively certified operator in charge?
❑ Yes
❑ No
❑ NA
❑ NE
27.
Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
❑ Yes
❑ No
❑ NA
❑ NE
Other Issues
28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes ❑ No ❑ NA ❑ NE
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑ Yes
❑ No
❑ NA
❑ NE
and report the mortality rates that were higher than normal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
❑ No
[__1 NA
❑ NE
If yes, contact a regional Air Quality representative immediately
31. Did the facility fail to notify the regional office of emergency situations as required by
❑ Yes
❑ No
❑ NA
❑ NE
General Permit? (ie/ discharge, freeboard problems, over application)
32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
❑ No
❑ NA
❑ NE
33. Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
❑ NA
❑ NE
Additional Cmmmawings:_ �t 14.1 .
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12128104

�0� W A T�RQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
co y North Carolina Department of Environment and Natural Resources
r
> 1 Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Sally T. Gooden
PO Box 1242
Elizabethtown, NC 28337
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
White Bay Nursery Farm
Facility Number 09-68
Bladen County
Dear Ms. Gooden:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
IV
AS
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirrnative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.enr.state.nc.us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
i l
G
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 09-68
Non -Discharge Compliance and Enforcement Unit
Central Files

' North Carolina
Department of Environment and Natural Resources • �
Division of Water Quality
Fayetteville Regional Office NC DENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
March 2, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronald Gooden
P.O. Box 1242
Elizabethtown, NC 28337
SUBJECT: NOTICE Of DEFICIENCY
White Bay Nursery Farm
Facility No. 09 - 68
Bladen County -
Dear Mr. Gooden:
On February 28, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted
an inspection of the White Bay Nursery Farm in Bladen County. The inspection revealed that the farm needed a copy of
the lagoon design, and Best Management Plan (BMP) checklist for Insect, Odor, and Mortality. In addition, the irrigation
records were not being maintained correctly, and waste samples were not being collected as required. Also, the 3.5 acre
waste application field was observed to have a drainage problem and the required crop was not established.
The Division of Water Quality requests that the following items be addressed:
Begin collecting waste samples within sixty (60) days of waste application.
Irrigation records are required to be maintained seasonally (by crop) on a separate IRR-2 form for each
field (pull).
3. Contact the local NRCS office (Sam Warren) for a copy of all lagoon design information to include storage
calculations and as built drawings and a copy of the BMP checklist.
4. Contact a drainage expert to evaluate the waste application field to determine if this soil type will respond to
drainage and to determine if an adequate outlet exist.
225 GREEN STREET - SUITE 7 t4 I SYSTEL BUILDING 1 FAYETTEVILLE, NC 29301-5043
PHONE [phone] FAX [phone] WWII<. ' " SIAT,NCUSIIN&
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEDI10% POST CONSU'. aR PAPER
DENR TOLL FREE HOTLINE: [phone]
I

Page 2
Mr. Good en
March 2, 2001
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Sam Warren - Bladen County MRCS
John Bizic - Murphy Farms

ram`- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 19, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronald Gooden
P.O. Box 1242
Elizabethtown, NC 283317
Subject: NOTICE OF DEFICIENCY
Gooden Nursery Swine Farms
Facility Nos, 09-67, 09-68, 09-58, 09-152, 09-76. 09-57
Bladen County
Dear Mr. Gooden:
On July 13, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farms located off Twisted Hickory Road in Bladen County. The inspection
revealed that the pump records (IRR-2 forms) were completed, however, the
small grain overseed and the bermuda grass had been combined instead of
maintained separately as required. Further investigation identified that no
soil samples had been collected from the fields.
The Division of Water Quality requests that the following items be
addressed:
I . Immediately begin maintaining records of waste application on
separate IRR-2 forms for each crop in each field. Apply waste
to the crops during the application windows in accordance with
your CAWMP.
2- Collect soil samples annually to assist in the production of
better crops,
225 GREEN STREET, SUITE '714 / SYSTEL HLO. FAYETTEVILLE. NORTH CAROLINA 23301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTSON EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Goo
Page 2
July 19, 2000
If you have any questions concerning this chatter, please do not hesitate to contact Mr. Robert
Heath, Environmental Specialist, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Cerfloliance Group
Sit Warren - Bladen Co. MRCS
`>i tt Alen _ DSWC Fayetteville Office
Central Files - Raleigh
Murphy Family Farms