090146_ENFORCEMENT_20171231

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North Carolina
Department of Envirorunent and Natural Resources •
Division of Water Quality
Fayetteville Regional Oifce
RCDEN�
Michael F. Easley, Governor
NVilliarn G. Ross, Jr., Secretary
Km T. Stevens, Director
March 20, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dewey Carter
10235 Old Mintz Road
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
'Ada Carter Nursery Farm_
Facility No. 09'-146
Bladen County.
Dear Mr. Carter.
On March 14, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
inspection of the Ada Carter Nursery Farm in Bladen County. The inspection revealed that the irrigation records (IRR -2
forms) were calculated incorrectly by using the wrong waste sample. In addition, the coastal bermuda crop was not
"removed as required and no winter crop (small grain overseed) was established.
The Division of Water Quality requests that the following items be addressed:
1. The IRR -2 forms must be calculated utilizing a Waste sample collected within 60 days of waste application to be
valid.
2. The ooastal bermuda hay crap is required to be removed mechanically from the field by baling in order to remove
the nitrogen applied aswaste. Failure to remove the crap could result in elevated nitrogen levels in the soil and
or groundwater.
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
RFHIbh
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Sam Warren - Bladen County NRCS
John Bizic - Murphy Farms
225 GREEN STREET— SUITE 7141 SYSTEL BUILDING I FAYETTE ILLF, INC 28301-5043
PHONE [phone]- FAX [phone]
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER— 50°/a R.ECYCLED110% POST CONSUNIER PAPER
DENR TOLL FREE HOTLINE: [phone]

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
4-34164-1111 wl J, .
Mr. Dewey Carter
Route 2, Box 94
Garland, NC 28441
Dear Mr. Carter:
Av?�%
IDEHNR
DIVISION OF WATER QUALITY
July 11, 1997
SUBJECT: NOTICE OF DEFICIENCY
Ada Carter Nursery 1 & 2 Swine Farm
Registration No. 09-146, 09-172
Bladen County
On June 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
inspected the Ada Carter swine nursery facilities. It was observed that the Ada Carter Nursery #
2 is located approximately 704 feet from the lagoon. This situation has created some concerns for
the preservation of the wetlands between the hog house and the lagoon. The discharge pipe (3
inch PVC) is located on the ground surface and is subject to blockage, damage from ultraviolet
rays, or rupture resulting in a potential discharge. This pipe is utilized for both a discharge pipe
for the hog house as well as a recharge pipe for the hog house pit and as a irrigation pipe for the
waste application system. The pumping of waste from lagoon # 2 to lagoon # 1 prior to the solid
set waste application system creates the problem of proper determination of PAN rates and
lagoon # I was not designed with adequate storage for both operations. The operator of the
facility must drive approximately ten (10) minutes from the hog house location to the lagoon after
initiating the pump to determine if the line is intact. Due to the unique design of this facility the
Division requests that the Certified Animal Waste Management Plan (CAWMP) address the
following:
1. Consult with a technical specialist for assistance in regard to the design of the discharge pipe
and possible solutions to prevent the potential discharge problems identified above. The CAWMP
must address preventive measures to prevent future discharges.
2. Consult with a technical specialist for assistance in designing an irrigation system that
alleviates the problems identified above or addresses the problems in the CAWMP.
3. CAWMP must be modified to address where to take a representive lagoon sample.
Wachovia Building, Suite 714, Fayetteville��`�C FAX [phone]
North Carolina 28301-5043 11 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Mr. Dewey Carter
July 7, 1997
4. Consult with Ken Averitte with the Division of Water Quality to determine if a permit is
required to bury piping in the wetland area prior to initiating construction.
5. Consult with a technical specialist with the Agriculture Extension Office for assistance in
weed control in the bermuda grass waste application field.
Please notify this office in writing on or before August 4, 1997 at the address below as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have or may
result from these deficiencies. If you have any questions concerning this matter, please call Bob
Heath or Ed Buchan, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS
Kraig Westerbeck - Murphy Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DMSION OF WATER QUALITY
May 4, 1998
CERTJM!2 NAEL
i 1
Y A y.
W. Dewey Carter
Route 2, Box 94
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Ada Carter Swine Farm
Registration No. 09-146
Bladen County
Dear Mr. Carter:
On April 23, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Ada Carter swine nursery. facility.
It was observed during the annual inspection of the facility that three solid
set irrigation sprinklers appear to be located within the 100 foot setback
from the water well and that the waste application field has a depressional
area of approximately one (1) acre in the middle of the spray field where
water stands and no bermuda grass was observed. One of the irrigation
sprinkler connections was broken and requires replacing and a suitable cover
grass needs to be established on lagoon # 2. The pumping of waste from
lagoon # 2 to lagoon # 1 prior to the solid set waste application system
creates the problem of proper determination of PAN rates, and lagoon # 1
was not designed with adequate storage for both nursery operations.
The Division requests that the following items be addressed at the
facility:
1. The solid set irrigation system requires maintenance and repair. One of
the irrigation sprinkler lines is broken and several are not properly
installed and supported to prevent possible breakage. In addition,
investigate the irrigation equipment location to insure that waste is not
being applied within the 100 foot setback required from the well.
Consult with a technical specialist for assistance.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-SO43
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SC)% RECYCLE0/10% POST -CONSUMER PAPER

Mr. Carter
Page 2
May 5, 1998
2. Consult with a technical specialist for assistance in possible corrections available to remedy
the depressional areas of the waste application fields to prevent ponding.
3. Establish a cover grass on the side slopes of the lagoons to prevent potential erosion.
4. Consult with a technical specialist concerning the site specific issues of the waste application
system to include a possible malfunction resulting in overtopping of lagoon # 1 as a result of
the process of transferring of waste from lagoon # 2. This issue needs to be addressed in the
CAWMP.
Please notify this office in writing on or before June 4, 1998 at the address below as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have or may
result from these deficiencies. If you have any questions concerning this matter, please call Bob
Heath at [phone].
Sincerely,
4e -.v- ;eAe-*C-
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS
Kraig Westerbeck - Murphy Farms

, I I

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 8; 1999
., � •�I� �! �. .moi
W. Dewey Carter
Route 2, Box 94
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Ada Carter Nursery
Registration No.09-146
Bladen County
Dear Mr. Carter.
On June 4, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Carter swine facility. It was
determined that several acres of the waste application field had a significant
problem with competition grasses (primarily fall panicium). In addition, the
back slope of the lagoon dikes had a few small trees that need removal.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Contact a technical specialist for information in regard to the control
and or removal of the grass competition .
2. Cut and remove if possible the small trees from the lagoon dikes.
Contact a technical specialist prior to removal to insure that the
stability of the structure will be maintained.
Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from
these deficiencies.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301 -5043
PHONE [phone] FAX [phone]
AN EQUAL PPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -150% RECYCLED/10% POST -CONSUMER PAPER

Mr. Dewey Carter
Page 2
July 8, 1999
If you have any questions concerning this matter, please call Robert F. Heath, Environmental
Specialist, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. MRCS

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional office
.lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
e��
E)EEHNFZ
DIVISION OF WATER QUALITY
July 11, 1997
I ►I_KiA It W-4 A. 114X41131 iw a 11 4 X#1 Sim
Mr. Dewey Carter
Route 2, Box 94
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Ada Carter Nursery I dr 2 Swine Farm
Registration No. 09-146, 09-172
Bladen County
Dear Mr. Carter:
On June 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
inspected the Ada Carter swine nursery facilities. It was observed that the Ada Carter Nursery #
2 is located approximately 700 feet from the lagoon. This situation has created some concerns for
the. preservation of the wetlands between the hog house and the lagoon. The discharge pipe (3
inch PVC) is located on the ground surface and is subject to blockage, damage from ultraviolet
rays, or rupture resulting in a potential discharge. This pipe is utilized for both a discharge pipe
for the hog house as well as a recharge pipe for the hog house pit and as a irrigation pipe for the
waste application system. The pumping of waste from lagoon # 2 to lagoon # 1 prior to the solid
set waste application system creates the problem of proper determination of PAN rates and
lagoon # l was not designed with adequate storage for both operations. The operator of the
facility must drive approximately ten (10) minutes from the hog house location to the lagoon after
initiating the pump to determine if the line is intact. Due to the unique design of this facility the
Division requests that the Certified Animal Waste Management Plan (CAWMP) address the
following:
1. Consult with a technical specialist for assistance in regard to the design of the discharge pipe
and possible solutions to prevent the potential discharge problems identified above. The CAWMP
must address preventive measures to prevent future discharges.
2. Consult with a technical specialist for assistance in designing an irrigation system that
alleviates the problems identified above or addresses the problems in the CAWMP.
1 CAWMP must be modified to address where to take a representive lagoon sample.
Wachovia Building, Suite 714, FayettevilleN��y- FAX [phone]
North Carolina 28301-5043 �� C
An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Mr. - Dewey Carter
July 7, 1997
4. Consult with Ken Averitte with the Division of Water Quality to determine if a permit is
required to bury piping in the wetland area prior to initiating construction.
5. Consult with a technical specialist with the Agriculture Extension Office for assistance in
weed control in the berrnuda grass waste application field.
Please notify this office in writing on or before August 4, 1997 at the address below as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have or may
result from these deficiencies. If you have any questions concerning this matter, please call Bob
Heath or Ed Buchan, at (91 O} 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS
Kraig Westerbeck - Murphy Farms

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Dewey Carter
Route 2, Box 94
Garland, NC 28441
Dear Mr. Carter:
1DEHNR
DIVISION OF WATER QUALITY
July 11, 1997
: 3 1
SUBJECT: NOTICE OF DEFICIENCY
Ada Carter Nursery 1 & 2 Swine Farm
Registration No. 09-146,09-172
Bladen County
On dune 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
inspected the Ada Carter swine nursery facilities. It was observed that the Ada Carter Nursery #
2 is located approximately 700 feet from the lagoon. This situation has created some concerns for
the preservation of the wetlands between the hog house and the lagoon. The discharge pipe (3
inch PVC) is located on the ground surface and is subject to blockage, damage from ultraviolet
rays, or rupture resulting in a potential discharge. This pipe is utilized for both a discharge pipe
for the hog house as well as a recharge pipe for the hog house pit and as a irrigation pipe for the
waste application system. The pumping of waste from lagoon # 2 to lagoon # 1 prior to the solid
set waste application system creates the problem of proper determination of PAN rates and
lagoon #I was not designed with adequate storage for both operations. The operator of the
facility must drive approximately ten (10) minutes from the hog house location to the lagoon after
initiating the pump to determine if the line is intact. Due to the unique design of this facility the
Division requests that the Certified Animal Waste Management Plan (CAWMP) address the
following:
1. Consult with a technical specialist for assistance in regard to the design of the discharge pipe
and possible solutions to prevent the potential discharge problems identified above. The CAWMP
must address preventive measures to prevent future discharges.
2. Consult with a technical specialist for assistance in designing an irrigation system that
alleviates the problems identified above or addresses the problems in the CAWMP.
3. CAWMP must be modified to address where to take a representive lagoon sample.
Wachovia Building, Suite 714, Fayetteville�FAX [phone]
North Carolina 28301-5043 N%f C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50%.recyc led/ 10% post -consumer paper

Page 2
Mr. Dewey Carter
July 7, 1997
4. Consult with Ken Averitte with the Division of Water Quality to determine if a permit is
required to bury piping in the wetland area prior to initiating construction.
5. Consult with a technical specialist with the Agriculture Extension Office for assistance in
weed control in the bermuda grass waste application field.
Please notify this office in writing on or before August 4, 1997 at the address below as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have or may
result from these deficiencies. if you have any questions concerning this matter, please call Bob
Heath or Ed Buchan, at (910} 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS
Kraig Westerbeck - Murphy Farms