820152_ENFORCEMENT_20171231

NUH I H LAHULINA
Department of Environmental Qual
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JAMES B. HUNT JRA;
NORTH CAROLINA DEPARTMENT OF
`? ►� ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
December 13, 1999
CERTIFIED MAIL
RETURN RECEIPT REQIMSTED
Mr. W. F. Carr
P.O. Box 86
Clinton, NC 28329
Subject: Notice of Violations and Recommendation for Enforcement
for Unnermitted Discharges of Waste on November 29,1999
W. F. Carr Swine Farm
Facility No. 82-352
Sampson County
Dear Mr. Carr:
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.
On November 29, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an inspection of your swine farm, (located
off SRI 255 in Sampson County) after notification of a discharge of swine waste
from a hog house into surface waters of the State, namely Big Swamp. The
inspection revealed that the waste was exiting the building through cracks in the
foundation and through the door. The swine waste was entering a surface water
diversion ditch between the buildings and the lagoon and flowing through a pipe
into a low lying area. The waste then was observed entering a ditch on the
property line that carried the waste to the Big Swamp. Per your letter dated
November 30, 1999, it is believed that the discharge of waste occurred from
Saturday, November 27, 1999 thru Monday, November 29, 1999, as a result of
farm staff failing to daily inspect the farm for proper operation of the waste
disposal system.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.ENR.STATE.NC.USlENR!
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST CONSUMER PAPER
G

Mr. W. F. Carr
Page 2
December 13, 1999
The Division of Water Quality requested at that time of the investigation that the following items be
addressed:
L Immediately cease the discharge.
2. Repair the clean out pipe to ensure that discharges of this nature do not recur.
3. Recover (as much as practical) the discharged waste and return to the lagoon system.
Failure to comply with the above conditions may result in the facility losing its General Permit and
being required to obtain an individual non -discharge permit for the facility.
In addition to the above you are hereby notified that the Fayetteville Regional Office of the Division
of Water Quality is considering sending a recommendation for enforcement action to the Director of the
Division of Water Quality. The Recommendation concerns the unpermitted release of swine waste to waters
of the State.
If you have and explanation for these violations that you wish to present, please respond to this office
on or before December 23, 1999. Your explanation will be reviewed and if an enforcement action is still
deemed appropriate, your explanation 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 myself or
Mr. Robert Heath Environmental Specialist, at [phone].
Sincerely
aul E. Rawls
Regional Water Quality Supervisor
CC Sonya Aunt - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Bob Heath, DWQ FRO
DSWC Fayetteville Office
Garth Boyd -Murphy Farms
Jeffrey Brown, FRO Pending Enforcement File
Central Files - Raleigh

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L
10 Routine 0 Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review 0 Other
Facility Number Z / S -L Date of Inspection' M Z
_ Time of Inspection /a: 34 124 hr. (hh:mm)
Permitted' ® Certified © Conditionally Certified Q Registered [] Not Operational I Date Last Operated:
Farm Name.7f �' f ►¢f �'+ ._I y�.✓.� /v�.e�F/�..:�./ County:..........J;-f�0,My..........................................
Owner Name•�p��� Phone No: ��/D> _992 —/�pv'
acility Contact Phone No:
F _ � �i�.a?i.�...............••••-..-......Title:..........--.-.-.......
_Mailing Address:..... �. /�.....� �...�i� /� 2�.3Z
re.... /............... y :............................................. ....................................................................
J
Onsite Representative: Integrator: ....... /W ��{.�f . ......................
p ll!d......................................_------..................................
Certified Operator: !/ /,%�� A.7.� ...•Lr..�..... .fl..�. Operator Certification Number: ..........................................
.......... ............... u• ..-.. A..................
Location of Farm:
a'
........aCL/aj'.rt.....
?A..........................................................................................................................................................................................I T
Latitude 0 �` ��� Longitude =o
Desrgn Current _ Design Curreet " T Design -Current
Swrne =...
o illation Poult Y Cattle
.. Ca acity,.:Po ulation x,. .-:Ca'act .Po ulition
Wean to Feeder 'y/DO /Q6 ❑ Layer ❑ Dairy
❑ Feeder to Finish ' ❑ Non -Layer „ ELI Non -Dairy
"' ❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other _ r
❑Farrow to Finish Total Design Capacity
❑ Gilts
❑Boars Y =Total_9SLW
Number of L Dons �' ❑ Subsurface Drains Present ❑ Lagoon Area 10Spray Field Area
ag a Ff
-..•• *.-icy sit°-fI _:, 0.� .�
i2 _. _.. .._ --"'� �, — '...� '•
Hnlding"Pnndc-/. Snhtl'.-Trans I—I Nn Limiid Wactp ManaQrmpnt fivCtpm
Dkrhars*rc & Stream Fmnaetc
1. Is any discharge observed from any part of the operation? XYes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field N Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes XNo
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) WYes ❑ No
c. If discharge is observed, what is the estimated flow in gallmin? SA/0
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? KYes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? P,Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes N.No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure b
Identifier:
Freeboard (inches):
dZ ...l......................................................................................................................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑yes No
seepage, etc.)
3123199 Continued on back

Facility Number: 82 — /fZ Date of Inspection
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
► closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Docs any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
❑ Yes O;No
(Yes ❑ No
[Yes ❑ No
❑ Yes M No
10.
Are there any buffers that need maintenance/improvement!
XYes
❑ No
11.
Is there evidence of over application? []Excessive Ponding ❑ PAN
❑ Yes
❑ No
12.
Crop type ',Z.n.
13.
Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
XNo
14.
a) Does the facility lack adequate acreage for land application?
Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
K No
c) This facility is pended for a wettable acre determination?
❑ Yes
P&No
15.
Does the receiving crop need improvement?
Yes
❑ No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
X No
Reauired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes XNo
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No
21. Did the facility fail to have a actively certified operator in charge? ❑ Yes KNo
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes 'ISfNo
24. Does facility require a follow-up visit by same agency? lKYes ❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N No
:: o vMh poris:or, def cieroties •metre noted- d(Wing tbis:visit:.:Y:oii viii-i-eceiye iio further
corrin onc#eh' * ah"f this visit' '........ .... ................. ... . ......
Comments:(refer to_question #) :_Explain any YES answers and/or any recommendaaons iic anyothec co�uments
Use drawings of fracilt:ty to better extplain situahn s (usevadditional pagesias necessary
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06,
;�, �%r!� lr1As Gwd�!! o.cl /Ol��IZ �o�o•� v � ��1�11.5/ C S�au-ll �¢�i�� /f�-�
__ �- �-- '
W!V
Reviewer/Inspector Name ,/ T ,� c -
Revieweranspector Signature: Date: / Z
3/23/99

Facility Number: $z — / 2 Date of Inspection
Odor Issues r
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑� No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes XNo
2$. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes pqqqo
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes QkNo
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes OCNO
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes XNo
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ l ,VI$No
-_ _ _.
tional omments an=, or.- gs -- ' `--
_d�<//�
O.dti pd' � ��r.✓,��i�� G�di✓Fc�.G.� l.�.ris►.� US.�.[I/��i�j lc.i�-�� ��..�d
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3123199

CD Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
NC #11
NC #37714
USDA #3787
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS CERT #28696
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KN003
DATE REC'D:'11/29/99 SAMPLED: 11/29/99
SAMPLED BY: J. Brown
DELIVERED..BY: J. Brown
SAMPLE CODE: WW, Stream, Grab
REFERENCE: W. F. Carr Farm
SAMPLE ID: 1. Upstream.- ID.#99WU118370
2. Discharge Point - ID #99WE118371
3. Downstream # - ID #99WD118372
4. Downstream #2 - ID #99WD118373
5. Downstream #2 - ID #99WD118374
6. Pond - ID #99WE118375
DATA REVIEWED BY:
DATE REPORTED: 12/1'0-/99
*4
2/1 /9
*a++++++a+aa4aaa+aa*a+4+++++4aa++a+a+a4+++a++++
ANALYSIS D 1 2 3
*++++++a4r+aaa+*+**a+ta********4***a++t*tat*aaaaaa*i4*4t+a*alta****a**+++*4aaaaa*aa***.**4*++
COLIFORM, FECAL (per 100 ml) SM16 9222D 54 200000 100000
+aaa+aaa+*+*ata++a++a++++++a++++++a{++*aaa+aaa++aa++**aaaa+++++a++aaaaaaaaaaa+aa+*++++aaa+
ANALYSIS boTHOD a 5 6
aaaaaaaaaa+aaaa+aaaaaaa+a+aaaaaaaaaaaa+*a*+*aaaa*aaa+++aaaaaaa++aaaaaaa++aaaaaaa*aa+aaaaaa
COLIFORM, FECAL (per 200 ml)
NITRATE (mg/L)
CObbamiTS: < = Less than
> = Greater than
SM18 9222D
EPA 353.3
PAGE 1 OF 1
>6000000
<1.0 <1.0
DEC 2 3 1999
14 OFFICE.,
The data and other information contained on this, and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the condition that it is' not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory,
USDA -EPA -NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

W. F. Carr
C & C Farms
P-0. Box 86
Clinton, N.C. 28329
PH: 910 592-1308
November 30, 1999
N.. C. Dept. of Water -Quality
225 Green St.; Suite 714
Fayetteville, N.C., 28301
Attn: Bob Heath
RE: Notice of Discharge of animal waste
RECEIVED
DEC - 2 1999
FAYMEVILLE
REG: ©rricE
The C & C Farm Facility number 82-152 on state road number 1255 near
Roseboro had a -discharge of swine waste of approximately 7000 gallons.
This was -calculated by determining volume and frequency of flushing.
The discharT was first discovered on Monday, November 29, 1999 at 12:00
noon. It appeared to have started the afternoon of November 27. 1 was there
that morning and found no problems. On weekends the -farm is only checked
once -daily. The weekend help was not observant and did not catch. -the
problem. Someone other than farm personnel entered the property, saw some
water and reported it to DWQ. We 'deeply' regret this incident happening.
As soon as Bob Heath notified us we took this very seriously and took
immediate measures to correct the problem. They are'listed below:
1. The flush tanks were turned off.
2. The effluent water was dammed up to prevent any further leakage.
3. . The pipe was -unclogged.
.4. 200-300 galhons of effluent water were recovered, and put back
into the lagoon.
The problem was corrected by 3:00 pm on November 29. Strangely enough
the stopped up line was found to be caused by a opossum who had lodged
himself in the waste water pipe.
We are very sorry this happened and will make every effort possible.
to make sure it doesn't happen again. The farm help and especially
weekend help have already and will continue to be instructed to check
everything more carefully and especially check the backs of the buildings
where this incident occurred.
Sincerely,
W: F. Carr, Owner

fry
NORTH CAROLINA DEPARTMENT OF
-`} " R
ENVIRONMENT AND NATURAL, RESOURCES
FAYETTEVILLE REGIONAL OFFICE
NC®ENR
DIVISION OF WATER QUALITY
4
November 4, 1998
JAMEsB.HVNTJit.,
M
;
MR;
CERTIFIED MAIL -
FGovERNOR
=g x '
RETURN RECEIPT REQUESTED
Mr. W. F. Carr
WAYNE AcDEYITt �s
sEcgerwlaY r� r
P.O. Box 86
Clinton, NC 28328
y '*
SUBJECT: NOTICE OF DEFICIENCY
�x r
C & C Swine Facility
f�
Registration No. $2-152
Sampson County
Dear Mr. Carr:
;:~R.
On October 13, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the C & C swine facility. It was
observed that one of the waste application fields had not been established in
' + '
the required crop per the certified animal waste management plan
(CAWMP), In addition, waste samples need to be collected within 60 days
of waste application and the waste application records need to be modified.
In regard to the deficiencies noted during the inspection, the following
I(I ._,
actions are requested:
1. Consult with a technical specialist for assistance in regard to the
,.fpossible
options available to improve the drainage problems in the waste
application field and the establishment of the bermuda crop per the
Collect waste samples within 60 days of waste application. Also,
maintain waste application records on the IRR-1 forms by hydrant
and make one entry on the IRR-2 form for the total waste applied on
_
the field after the field has been covered completely. Refer to the
CAWN P for the appropriate plant available nitrogen (PAN) rate for the
field.
c
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
`• -
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CDNSUMER PAPER

Mr. W. F. Carr
Page 2
October 4, 1998
Please notify this office on or before December 4, 1999 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 Robert Heath, at (910) 486-
1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. NRCS