820365_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Qua

6,�f "lA'go Incident Report
AA
Report Number: 200604161
Incident Type: Non -Compliance Reporting
Onsite Contact:
Category: Animal
First/MidlLast Name:
Jerry Carter
Incident Started: 11/24/2006
Company Name:
County: Sampson
Phone:
[phone]
City:
Pager/Mobile Phone:
/ [phone]
Farm #: 820365
Responsible Party:
Reported By:
Owner.
FirstlMid/l_ast Name:
Jerry M Carter
Permit: NCA282365
Company Name:
Facility: Jerri Ann Hog Farm 7-12
Address:
First Name: Jerry
Middle Name: M
City/State/Zip:
Last Name: Carter
Phone:
[phone]
Address 1221 Rufus Wells Rd
Pager/Mobile Phone:
I [phone]
City/State/Zip: Willard NC 28478
Phone:
Material Category: Estimated Qty: UOM
Chemical Name
Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Jerri Ann Farm 7-12
Position Method:
Position Accuracy:
Position Datum:
Report Created 11/28/06 04:25 PM Page t

Cause/Observation: Directions:
excessive rainfall
Action Taken: Comments:
30 -day POA to be filed
Incident Questions:
Did the Material reach the Surface Water? Unknown Conveyance: _
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete?
Unknown
(Above Ground or Under Ground)
Water Supply Wells within 1500ft : Unknown Groundwater Impacted : Unknown
Access to Farm
Structure Questions
■ Animal Population
M Spray Availability
Report Created 11/28/06 04:25 PM Page 2

Access to Farm
Farm accessible from the main road?
Animal Population
Confined?
Depop?
Feed Available?
Mortality?
Spray Availability
Pumping equipment?
Available Fields?
Structure Questions
Breached?
Inundated?
Overtopped?
Water on outside wall?
Poor dike conditions?
Waste Structure Type Waste Structure Identi inches Plan Due Date
Lagoon #1
18.00 06-11-3012:00:00
Lagoon #2
19-00 06-11-3012:00:00
Event Type
Event Date Due Date
Incident closed
❑ NA ❑ NE
Requested Additional Information
2006-11-30 12:00:00
Referred to Regional Office - Primary Contact
2006-11-28 05:00:00
Report Entered
2006-11-28 04:22:25
Report Received
2006-11-28 10:50:00
Incident Start
2006-11-24 11:00:00
Report Created 11/28/06 04:25 PM
❑ Yes ❑ No [INA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No D NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes
❑ No
❑ NA ❑ NE
❑ Yes
❑ No
❑ NA ❑ NE
❑ Yes
❑ No
❑ NA ❑ NE
❑ Yes
❑ No
❑ NA ONE
❑ Yes
❑ No
❑ NA ❑ NE
Plan Recieved Date Level OK Date
Comment
30 -day POA
Page 3

Standard Agencies Notified.
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
Report Taken By: Report Entered By: Regional Contact:
Christine Blanton Christine Blanton Ricky Revels
Phone:
DatelTime: 2006-11-2810:50:00 AM 2006-11-28 04:22:25 PM 2006-11-28 05:00:00 PM
Referred Via: Phone email
Did DWQ request an additional written report? 2006-11-30 12:00:00 AM
If yes, What additional information is needed? 30 -day POA
Report Created 11/28/06 04:25 PM Page 4

�pFArFgP Michael F. Easley, Governor
William G. Ross Jr., Secretary
Un
r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jerry Carter
1221 Rufus Wells Road
Willard, NC 28478
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Jerri Ann Hog Farm 7-12
NPDES Permit No.NCA282365
Sampson County
Dear Jerry Carter:
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition Ill. 12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internec www.ncwaterquali ore Location: 2728 Capital Boulevard
An Equal Opportun'rtylAtfirmatore Action Employer- 50% Recyded110% Post Consumer Paper
Caro t a
— - V
turak;
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax I: [phone]
Fax 2: [phone]
Customer Service: [phone]

Jerry Carter
Page 2
April 25, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely,
Ito
Stephen . Barnhardt Ll�
Aquifer Protection Regional Supervisor
cc: Facility File 82-365
APS Central Files
Prestage Farms
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District

High Freeboard Evaluation Form
Facility Name: ., , -; A h A 40 POr PA
Facility Number: :?I - .3(0s
Person Completing Form: -3 a 3 Date Form Completed: 1-13-03
Date Information Due to DWQ: Date information received
Extension Due Date:
Information Received:
Current Freeboard Yes ✓No Level(s) (in inches)
5--5.0 -5 37 a4 27l
Freeboard Levels for Previous 12 Months Yes ✓No Incomplete
Spraying Records for Past 12 Months Yes �No _ Incomplete
Rainfall Records For the Past 12 Months Yes Ao N/A Incomplete
Cropping and PAN Information Yes -,,-Ao Incomplete
Summary of Ac ' ns Taken to Restore the Needed Freeboard(s)
Yes No Incomplete
Descriptionof W r Conservation Measures In Use
Yes o Incomplete
An updated POA if the Freeboard is still in Violation Yes _ No NIA —4e�
Detailed Description of Actions Taken or Proposed to be Yes _ No
Taken to Prevent Future Freeboard Violations Incomplete
Date High Freeboard level Was First Reported to DWQ by Producer 3-2-Y-03
Date of First Violation from Farm Records 3--&- a 3
Items proposed in the Plan of Actions to Bring the Facility Back into Compliance
Pump and Haul Remove Animals Delay Restocking
Add Land to NMP Add Application Equipment
Spray when site is acceptable Others (Please Specify)
HFEF 5-12-03 1

Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed)
Lagoon Storage Basin (Check as Appropriate)
Lagoon or Storage Basin Identifier
Design Total Days of Storage for the Facility (From CAWMP)
Stop Pump Level for lagoons or the bottom of the storage basin (inches)
Lowest Liquid Levels Reported in the month of:
Month Date Level (in inches)
August
September
October O- 2l. 0a q0 �I
November 37
Required Minimum Freeboard (red zone in inches):
Does the Minimum Include a Chronic Rainfall Factor Yes
Recorded Freeboard Violations
Date Level (in inches) Date POA bmitted
3 -2 -y -y3 1_g ..,
HFEF 5-12-03 2
No 4/
5 or 30 day

- 4 J, .
Facility PAN Balance From the CAWMP (pounds) r 3q
Did the Facility Comply with its NMP for the Past 12 Months Yes ✓No
If No, What Violations Were Identified:
From the review of the facilities irrigation records, does it appear that the facility made
optimal use of the days when irrigation shojuld have taken place. If not, please explain:
If the Facility has Installed Water Conservation Devices, what devices were installed and
when: 541 1.&. e a -IC 200 7_ r. 2-00
What Actions have been taken or proposed to be taken by the Facility to Prevent Future
High Freeboard Violations (check appropriate items):
Better Management of the System
Add Additional Storage Volume
Add Lagoon Covers
Add Additional Land Application Sites
Add Additional Irrigation Equipment
Install Water Conservation Equipment
Reduce the Number of Animal at the Facility
Change Type of Operation
Others (please explain):
HFEF 5-12-03 3

If applicable, recorded rainfall data from August 2002 through April 2003 at
Facility #
Month
Amount of rainfall # of days it rained
per month (1n inches) per month
August 2002
Out of 31 days
September 2002
Out of 30 days
October 2002
out of 31 clays
November 2002
Out of 30 days
December 2002
Out of31 days
January 2003
Out of 31 days
Februa 2003
Out of 29 days
March 2003
, Z Out of 31 days
Aril 2003
r O Out of 30 days
Total Rainfall
ov1 of 274 days
Comments from Producer:
HFEF 5-12-03 4
c-05

April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jerry Mack Carter
1221 Rufus Wells Rd
Willard NC 28478
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Jerri Ann Hog Farm 7-12
#82-365
Sampson County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
2003
On March 24, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on December 2, 1997. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
•o�w
NM
Customer Service: Mailing Address: Telephone [phone] Location:
1-$77-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Alfimiative Action Employer
50% recycled/ 10% post -consumer paper
httpJ/h2o. enr. state.nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
]an W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

, ixs - -11
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jerry Mack Carter
1221 Rufus Wells Rd
Willard NC 28478
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Jerri Ann Hog Farm 7-12
#82-365
Sampson County
Dear Sir or Madam:
On March 24, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on December 2, 1997. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
e r/reeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
3 ✓ Spraying records for the past 12 months up to the date of submittal
; LQENR
Customer Service: Mailing Address: Telephone [phone] Location
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -,consumer paper
h t ipY1h2o. en r. s to te. n c. us

Inadequate Freeboard
Page 2
® ✓Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
7 Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
r not limited to removal of animals from the site, delay of restocking of animals, purnping
tC� and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
+ there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem,once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
lain W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

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