820341_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Quai

KJAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown, LLC
Farm 3113
PO Box 856
Warsaw, NC 28398-0856
Director
AQUIFER PROTECTION SECTION
November 18, 2010
Subject:. NOTICE OF DEFICIENCY
Farm 3113, Facility 482-341
AWS820341
Sampson County
NOD-2010-PC-1165/ Incident no.201000750
To Whom It May Concern:
Dee Freeman
Secretary
On February 6, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified
by Greg Carr of a high freeboard level in the lagoon. We wish to thank Mr. Carr for notifying DWQ of this incident.
As a result of this incident, 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 Section .1300, you have been found to be in violation of
your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you
are covered to operate under. as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste
Management Plan in accordance xvith Condition V. 2. of Swine Waste System General Permit No. AWG100000-
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayeheville, North Carolina 28301 One
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 NOl thCar01117$
Internet: www.h20.enrstate.nc.us �atura!!�
An Equal Opportunity 4 ABrmBtive Action Employer

Cont. Page Two
November 18, 2010
Farm 3113
On February 6, 2010 a lagoon/storage pond level was documented at 18.5 inches. A level of 19.5 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan.
Required Corrective Action for Deficiency I:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. lake all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to correct the above deficiency and to provide a written response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken
and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice; please contact our office at (910)-433-3300,
Sincerely,
Robert Marble
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick - CAFO Unit
Sampson County Sol] and Water Conservation District
NCDS WC -FRO
FRO Compliance Animal Files
Murphy -Brown, LLC

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1. Article Addressed to
MURPHY-BROWN, LLC
PO BOX 856
WARSAW, NC 28398-0856
A. Si tore
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?001 2510 0000 6682 8031
P5 Form 3811, February 2004 Domestic Retum Receipt 1025e5.024Wi54o

Murphy -Brown
MBE LNM
December 20, 2010
ATTN: Robert Marble
NCDENR
Division of Water Quality
Aquifer Protection Section
225 Green St., Suite 714
Fayetteville, NC 28301
785 Hwy. 24150
Warsaw, NC 28398
Subject: Notice of Deficiency
Farm 3113, Facility #82-341
AWS820464
Sampson County
NOD-2010-PC-11651 Incident No. 201000750
Dear Mr. Marble,
RECEIVED
DEC 2 2 2010
DENR-FAYETTEV€LLE REGIONAL OEACE
This letter is being sent in response to a Notice of Deficiency letter issued by your office on the
above mentioned facility owned by Murphy Brown, LLC. This facility was impacted by chronic rainfall
which saturated application fields. These conditions did not allow us to land apply in accordance with
permit condibons for a period of time. Instead of land applying in a manner that would have possibly
caused there to be ponding or runoff, we stored the excess rainfall in our lagoon system. As soon as
the weather and field conditions allowed, land irrigation resumed. The facility was brought back in
compliance per the 30 day plan of action.
If you have any questions regarding this matter, please do not hesitate to call me at [phone] or
email me at [e-mail].
Sincere ,
Greg Carr
Environmental Resource Specialist
Murphy Brown East

Murphy -Brown
Murphy Brown East
May 20, 2009
Ricky Revels
NCDEN R — Division of Water Quality
225 Green Street — Suite 714
Fayetteville, NC 28301
RE: Farm 37131
Facility #82-341
Accidental Discharge 5/18/09
P.D. Box 856
Warsaw, NC 28398
RECEIVED
Mky 2 z =
ON-fAYETULLE REOIOw1LONE
Dear Mr. Revels:
This letter is the follow up to an accidental discharge on Farm 37131 reported to you at the
Division on May 18, 2009. The sequence of events on 5/18109 is:
1) The farm staff found a discharge coming from one of the buildings upon arrival to work on
the morning of May 18, 2009. The farm staff took immediate action to stop the source of
the flow and contain the water on the site. They also notified the LNM complex manager to
respond to the accidental discharge. The combined group effort focused on total
containment of the flow and notification of management.
2) After a quick site evaluation establishing what had occurred, all appropriate parties were
notified. The remediabon efforts were immediately initiated which included constructing a
containment dam in a drainage ditch located at the comer of farm property.
3) It was determined that some of the water flowing in the ditch had left the farm site before
the containment dam was put in place. At this point as required by the farm's permit,
regulatory notification was made.
4) Root Cause: A blockage in the discharge line from the farrowing building caused water to
backup in the building until it reached a level that it could escape from the building allowing
effluent to get into the farms storm water drains.
What is known about the time leading up to finding the accidental discharge:
1) The recycle timer was set to turn on the recycle pump on at 6am. The timer was
inspected and was operating properly.
2) The lagoon level was read on Friday May 15 at a level of 33 inches.
3) During the night of 5117/09 and the early morning hours of 5/18/09, the farm site received
2 inches of rain.
4) Upon arrival on the farm the morning of the incident, the complex manager read the
lagoon level at 33 inches.
Estimate of the discharge:
1) After the discharge line was unclogged and the building was allowed to drain back into the
lagoon and 99,200 gallons of water was returned from the ditches on the property back to
the lagoon, the lagoon level was 30 inches.

• Page 2 May 21, 2009
2) Simply looking at the fluctuation in the lagoon levels before and after the event, it would
seem to indicate that all effluent was recovered and returned to the lagoon and a large
amount rain water that was present in the ditches from the rain event that had mixed with
the effluent. However, a visual inspection indicated that some effluent mixed with the
water in the ditches did leave the farm property before the containment dam was put in
place. We estimate that 1,000 gallons left the farm site through a drainage ditch that
drained into a tributary of the Big Beaverdam Creek.
As required by North Carolina General Statues Article 21. Chapter 143.214.C, a
public notice was released to local media outlets on 5/20/09, (Please see attached copy of
public notice.)
As noted earlier, remediation efforts on the farm property resulted in the collection
99,200 gallons of water which was returned to the farms lagoon. This was the result of 91
man hours being invested on 5/18/09 and 5/19/09 to ensure that all reasonable effort was
made to recover and return as much of the effluent to the system as possible_
I have outlined what information I have available as they relate to this accidental
discharge. I feel that Murphy -Brown LLC has responded in an appropriate and responsible
manner to the conditions of the permit.
The Environmental Management System (EMS) proved its' effectiveness by providing
the structure and protocol that all parties involved in the response, did so in a timely and
effective manner.
If I can be of any further assistance, please feel free to contact me.
Sincerely,
dj C_-
Greg Carr
Environmental Resource Specialist
Murphy Brown East Land and Nutrient Management
[phone] ext: 232
Cc: David Nordin
Kraig Westerbeek

NOTICE OF DISCHARGE OF ANIMAL WASTE
The 3713 swine farm — Facility 482-341, owned by Murphy -Brown LLC, located on a
highway 903 in the Delway Township of Sampson County, experienced a discharge of
swine waste on May 18, 2009. Approximately 1000 gallons reached an unnamed
tributary of Big Beaverdam Creek. The discharge occurred as a result of a temporary
blockage in the recycle system. Upon discovery of the discharge, Murphy -Brown staff
notified officials from the Division of Water Quality and farm management took
immediate action to stop the flow of water from the facility. Emergency action plans
were implemented, including immediate downstream containment. The vast majority of
the wastewater spilled appears to have been contained and returned to the farm's
treatment and storage system. Necessary steps have been taken to prevent reoccurrence.
This notice was required by North Carolina General Statutes Article 21, Chapter
143.21 S.C.

P.O. Drawer 856, Warsaw, NC 28398
Tel:[phone] Fax:[phone]
Ta WRRZ Radio From: Rhonda Campbell
Fax: [phone] Pages: 2
Phone: [phone] Date: 5/20/2009
Re: CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
The following is a notice of discharge of animal waste. This
public notice is required by North Carolina General Statutes
Article 21. Chapter 143.214.0

P.O. Drawer 856, Warsaw, NC 28398
Tel:[phone] Fax:[phone]
TO The Sampson Independent From: Rhonda Campbell
Fa)c 910-293-6957 Pages: 2
Phone: [phone] Date: 5/20/2009
Re:
CC:
❑ Urgent © For Review ❑ Please Comment 0 Please Reply © Please Recycle
The following is a notice of discharge of animal waste. This
public notice is required by North Carolina General Statutes
Article 21. Chapter 143.214.0

P.O. Drawer 856, Warsaw, NC 28398
Tel:[phone] Fax:[phone]
Lorm"140V
Tao WCLN Radio
From: Rhonda Campbell
Faic 910-293-6957
Pages: 2
Phone: [phone]
Date: 5/20/2009
Re:
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
The following is a notice of discharge of animal waste. This
public notice is required by North Carolina General Statutes
Article 21. Chapter 143.214.0

)NA7TF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
q Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Nordin
PO Box 759
Rose Hill, NC 28458
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
BOC Farah #13
Facility Number 82-341
Sampson County
Dear Mr. Nordin:
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.
NCDENIR
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 / Affirmative Action Employer
50% recycled 110% post -consumer paper
http:/fh2o.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 910486-1541.
ncere
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-341
Non -Discharge Compliance and Enforcement Unit
Central Files

0
Waste Management Plan Changes
Facility t Z - 341 Farm
3)I3
r
1r
V 3 �� 200,E I
This farms Waste Management Plan has made the following changes:
❑ Crop changes
❑ Wetted Acres
❑ Increased Acreage
❑ Decreased Acreage
❑ Changed Irrigation Design
❑ Change in Farm type
❑ Plan based on 3 Years On Farm Records
Other
Comments:
Date

Murphy -Brown. LLC 07/16/2003 3` l P.O. Box 8W
$ Z J Warsaw, NC 28398
NUTRIENT UTILIZATION PLAN
Grower(s):
Farm Name:
F
Murphy -Brown, LLC
3113 Amendment
aam
Farrow to Wean
Farrow to Feeder 2000
Farrow to Finish
Wean to Feeder
Feeder to Finish
Storage Structure:
Storage Period:
Application Method:
Anaerobic Lagoon
>180 days
Irrigation
The waste from your animal facility must be land applied at a specified rate to prevent pollution
of surface water and/or groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops in the fields where the waste
is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed
before each application cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration rates, leaching potentials,
cation exchange capacities, and available water holding capacities.
3. Normally waste shall be applied to land eroding at less than 5 tons per acre per
year. Waste may be applied to land eroding at 5 or more tons per acre annually, but
less than 10 tons per acre per year providing that adequate filter strips are established.
4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen.
Either of these conditions may result in runoff to surface waters which is not allowed
under DWQ regulations.
5. Wind conditions should also be considered to avoid drift and downwind odor
problems.
6. To maximize the value of the nutrients for crop production and to reduce the potential
for pollution, the waste should be applied to a growing crop or applied not more than
30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
1 of 8

This plan is based on the waste application method shown above. If you choose to change
methods in the future, you need to revise this plan. Nutrient levels for different application
methods are not the same.
The estimated acres needed to apply the animal waste is based on typical nutrient content
for this type of facility. In some cases you may want to have plant analysis made, which could
allow additional waste to be applied. Provisions shall be made for the area receiving waste to
be flexible so as to accommodate changing waste analysis content and crop type. Lime must
be applied to maintain pH in the optimum range for specific crop production.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H .0217 adopted by the Environmental Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, A tons, etc.):
Capacity Type Waste Produced per Animal Total
Farrow to Wean
3212 gallyr
galtyr
2000
Farrow to Feeder
4015 galtyr
8,030,000 gal/yr
Farrow to Finish
10585 gallyr
gallyr
Wean to Feeder
223 galtyr
galtyr
Feeder to Finish
986 gall r
gavyr
Total 8,030,004 9allyr
AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (Ibs
Capacity 1120 Nitrogen Produced per Animal Total
Farrow to Wean
5.4 Ibslyr
Ibslyr
2000
Farrow to Feeder
6.5 Ibslyr
13,000 Ibslyr
Farrow to Finish
26 Ibslyr
Ibslyr
Wean to Feeder
0.48 Ibslyr
Ibslyr
Feeder to Finish
2.3 Ibslyr.
Ibslyr
Total 13,000 Ibslyr
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
LAND UTILIZATION SUMMAR71
The following table describes the nutrient balance and land utilization rate for this facility
Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced
on this facility to the amount of nitrogen that the crops under inigation'may uptake and utilize
in the normal growing season.
Total Irrigated Acreage: 5.45
Total N Required 1 st Year: 1204.45
Total N Required 2nd Year: 0
Average Annual Nitrogen Requirement of Crops 1,204.45
Total Nitrogen Produced by Farm 13,000.00 Status:
Nitrogen Balance for Crops: 11,795.55 Not Enough Land
The following table describes the specifications of the hydrants and fields that contain the crops
designated for utilization of the nitrogen produced on this facility. This chart describes the size,
soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this
facility.
2 of 8

This plan does not include commercial fertilizer. The farm should produce adequate plant
available nitrogen to satisfy the requirements of the crops listed above.
The applicator Is cautioned that P and K may be over applied while meeting the N requirements.
In the future, regulations may require farmers in some parts of North Carolina to have a nutrient
management plan that addresses all nutrients. This plan only addresses nitrogen.
In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed
through grazing, hay, and/or silage. Where grazing, plants should be grazed when they
reach a height of six to nine inches. Cattle should be removed when plants are grazed to a
height of four inches. In fields where small grain, etc, Is to be removed for hay or silage, care
should be exercised not to let small grain reach maturity, especially late In the season (i.e.
April or May). Shading may result if small grain gets too high and this will definately interfere
with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen
being utilized. Rather than cutting small grain for hay or silage just before heading as Is
the normal situation, you are encouraged to cut the small grain earlier. You may want to
consider harvesting hay or silage two to three times during the season, depending on the
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late September or early October. Drilling is
recommended over broadcasting. Bermudagrass should be grazed or cut to a height of
about two inches before drilling for best results.
CROP CODE LEGEND
Crop Code Crop
A Barley
B Hybrid Bermudagrass - Grazed
C Hybrid Bermudagrass - Hay
D Corn - Grain
E Corn - Silage
F Cotton
G Fescue- Grazed
H Fescue - Hay
I Oats
J Rye
K Small Grain - Grazed
L Small Grain - Hay
M Grain Sorghum
N Wheat
O Soybean
P Pine Trees
Lbs N utilized / unit yield
1.6 lbs N / bushel
50 lbs N 1 ton
50 lbs N 1 ton
1.25 lbs N 1 bushel
12 lbs N 1 ton
0.12 lbs N I lbs lint
50 lbs N 1 ton
50 lbs N 1 ton
1.3 lbs N / bushel
2.4 lbs N 1 bushel
50 lbs N 1 acre
50 lbs N / acre
2.5 lbs N ! cwt
2.4 lbs N 1 bushel
4.0 lbs N 1 bushel
40 lbs N I acre 1 yr
Acres shown in the preceding table are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas
not receiving full application rates due to equipment limitations. Actual total acres in the fields
listed may, and most likely will be, more than the acres shown in the tables.
See attached map showing the fields to be used for the utilization of animal waste.
4 of 8

Application Rate Guide
The following is provided as a guide for establishing application rates and amounts.
Sol] Application Rate Application Amount
Tract Hydrant Type Crop inlhr _* Inches
subl Wo O 0.4 1
#REF!
6 of 8

Additional Comments:
The acreage listed on this amendment is the balance of the total field acreage
minus the wetted acres at this site. The areas not covered by the conventional
Irrigation system are being entered into the pumping records as sub fields
so that the acres can be claimed when making application with an Aerway
machine.
7of8

NUTRIENT UTILIZATION PLAN CERTIFICATION
Name of Farm: 3113 Amendment
Owner: Murphy -Brown, LLC
Manager:
Owner/Manager Agreement:
Itwe understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste nutrient management
plan for the farm named above. I/we know that any expansion to the existing design capacity
of the waste treatment and/or storage system, or construction of new facilities, will require a
new nutrient management plan and a new certification to be submitted to DWQ before the new
animals are stocked.
I/we understand that I must own or have access to equipment, primarily irrigation equipment,
to land apply the animal waste described in this nutrient management plan. This equipment
must be available at the appropriate pumping time such that no discharge occurs from the lagoon
in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates which produce no runoff.
This plan will be filed on site at the farm office and at the office of the local Soil and Water
Conservation District and will be available for review by NCDWQ upon request.
Name of Facility Owner:
Signature:
Murphy -Brown, LLC
Name of Manager (if different from owner):
Signature:
L L e.
,CL'�!
7-- A -02
Date
7- /6 - 63
Date
Name of Technical Specialist:
Dawn Williamson
Affiliation:
Murphy -Brown, LLC
Address:
2822 Hwy 24 West, PO Drawer 856
Warsaw, NC 28398
Telephone:
[phone]
Signature:
Date
8of8

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NUTRIENT UTILIZATION PLAN CERTIFICATION
Name of Farm: BOC #13
Owner: Brown's of Carolina
Manager:
Owner/Manager Agreement:
I/we understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste nutrient management
plan for the farm named above. I/we know that any expansion to the existing design capacity
of the waste treatment and/or storage system, or construction of new facilities, will require a
new nutrient management plan and a new certification to be submitted to DWQ before the new
animals are stocked.
Uwe understand that I must own or have access to equipment, primarily irrigatiaequipment,
to land apply the animal waste described in this nutrient management plan. This equipment
must be available at the appropriate pumping time such that no discharge occurs from the lagoon
in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates which produce no runoff.
This plan will be filed on site at the farm office and at the office of the local Soil and Water
Conservation District and will be available for review by NCDWQ upon request.
Name of Facility Owner:
Signature:
Brown's of Carolina
Name of Manager (if different from owner):
Signature:
-)j a fi f d /11 '- 1/7
I
/.? (- a
Date
.2/4
Name of Technical Specialist: M. Kevin Weston
Affiliation: _ Murphy -Brown, LLC
Address: _ 2822 Hwy 24 West, PO Drawer 856
Warsaw. NC 28398
Signature:
Telephone: [phone]
8of8
B0011922085o

BOC # 13�Scale: 1" = 400'.
74
2.7
06
04
A
03
1- 13 A
B00I19220851

Murphy Brown L.
Kenansville Division
April 30,2003
Mr. Paul Rawls
Director of Fayetteville Regional Office
DENR
Systel Building
225 Green St., Suite 714
Fayetteville, NC 28301 — 5094
785 Hwy. 24150
Warsaw, NC 28398
RE: NOV - Inadequate Freeboard & Request for Information
Farm 3113
Facility 82 — 341
Sampson County
Dear Mr. Rawls;
The Murphy Brown LLC, Kenansville Division is responding to the NOV for the high freeboard
reported to your office on 3/22103.
Information requested:
1.) Current Freeboard - 24 inches on 4/28/03 report
2.) 12 month freeboard levels -- see attachment
3.) 12 months irrigation records — see attachment
4.) 12 months rainfall records -- see attachment
5_) CAW MP — see attachment
6.) Summary of actions taken to bring the freeboard back to compliance levels:
a.) Activated the Emergency Operating Procedure for Water Usage when the lagoon
level dropped below 24 inches.
b.) No restocking occurred when the lagoon freeboard level dropped to less than 19
inches.
c.) Used the nutrient management program as it was designed to contain waste water in
the lagoon until the LNM could safely apply to sprayfields as outlined in the CAWMP.
The system protected waters of the state, the environment, and allowed us to,utilize
the nutrients in a cropping program at an appropriate time.
d.) When lagoon levels reached 21 inches, the lagoons were monitored daily by
production and LNM (production monitors daily and LNM weekly under normal
operations per the EMS program).
7.) Description of water conservation measures in use> - Water meter records use. Readings are
taken weekly and reported. Weekly, monthly, quarterly and yearly reports are used to track water
usage against established goals for a specific farm type. The division set in motion a plan to install
water conservation measures for each farm that did not have water conservation devices in place in
September 02 The farms were ranked and scheduled for installation. Farm 3113 had water dams,
pressure regulators and timers installed. The work was completed 3/13/03.
8.) Lagoon level still in violation of the permit. — No, reported in compliance on 4/23/03.
9.) Detailed description of the actions taken or proposed to be taken to insure that there are no
further freeboard violations at this facility. — The facility and system worked as it was designed
to protect the environment. BMP's will be used to manage the system. The Murphy Brown

• Page 2
May 5, 2003
LLC Environmental Management Systems goal of continual improvement will drive the goal
for compliance.
The Murphy Brown LLC, Kenansviile Division has submitted the information requested with
this letter_ I respectfully request to be involved with the review process of this NOV and answer any
questions that you may have..
There should be further consideration of information that goes back to last year since the
recently requested information covers that period of time. There was a request for a variance to go
below the stop pump mark in order to agronomically apply to crops stressed due to the drought.
This request was made to the Division of Water Quality in mid summer but the industry did not
receive confirmation until late fall when it was too late.
The frequency of rainfall during the winter impacted the ability to land apply nutrients in an
environmentally safe manner as much as the actual rainfall amount itself.
The waste management system function as designed thru an extended abnormal weather
pattern. The system was effectively managed and served to protect the environment. We have
worked with the Division of Water Quality in our mutual goal of protecting our environment. I
request that the NOV be rescinded after a review of the submitted information.
Please call me when you are ready to review the information or if you require additional
information. Thank You.
Sincerely,
David Nordin
Land and Nutrient Management
Murphy Brown LLC
Kenansville Division
910 — 296 - 3731

0�0� w A rE94G
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
p 'C Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina, Inc.
PO Box 759
Rose Hill NC 28458
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Farm # 13
#82-341
Sampson County
Dear Sir or Madam:
April 16, 2003 - - -
.121
z 3 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 July 25, 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 ww�
AMENR
Customer Service. Mailing address: Telephone [phone] Location:
1-877-6234748 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 /Afnrmahve Action Employer
50% recycled / 10% post -consumer paper
hVY1h2o. 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,
Alan W. Klimek, P.E�
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

W,
DIVISION OF WATER QUALITY
October 2, 2000
MEMORANDUM
TO: DWQ Files
Fayetteville Regional Office
FROM: Paul Rawls /--,0
RE: Brown's of Carolina Farms
Fayetteville Region
Attached letter faxed to Mr. Guss Simmons on September 28, 2000.
/bs

NV z
YL
ilT
OVERNOR
ILL HOLMAN'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
September 27, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Guss Simmons
Brown's of Carolina, Incorporated
Post Office Box 487
Warsaw, North Carolina 28308
SUBJECT: Continuing High Freeboard Levels
Brown's of Carolina Swine Farms
Fayetteville Region
Dear Mr. Simmons:
This letter is to serve as follow-up to a discussion that was held with Mr. Glenn
Davis with Brown's of Carolina, John Hasty, Environmental Specialist, Division of
Water Quality and myself September 26, 2000 concerning high freeboard levels
at several of the Brown's of Carolina (BOC) swine farms located in the
Fayetteville Region.
The Water Quality Section of the Fayetteville Regional Office has performed a file
review of several of the BOC swine farms in this region and has confirmed that
freeboard problems continue to be a issue throughout the 2000 Spring and
Summer cropping window. These farms were also noted to have had freeboard
problems during previous years as well.
Our review identifies at a minimum farms 13, 28, 29 and 30 have had ongoing
problems and at last report freeboard levels remain less than that required. This is
particularly disturbing as weather patterns this year, especially during late spring
and summer, have been in my opinion somewhat normal. During our discussion
your staff relayed efforts to improve waste management and the desire of BOC to
comply with the rules and regulations pertaining to swine farms.
-continued-
2 0 1 p
1617 MAIL SERVICE CENTER, RALEIGH, NORT" CAROLINA 27699-1617
website: h2o.enr.state.nc.us PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Simmons
September 27, 2000
Page 2 of 3
During the meeting I asked that BOC furnish the Fayetteville Regional office information on or
before October 4, 2000: (The following list may contain items not requested during the meeting)
- For each farm noted above please explain what events have lead to freeboard level
noncompliance this year and if BOC evaluated the reduction in the number of swine at
each farm as a means to maintain compliance prior to becoming noncompliant.
-It appears that the 30 day Plan of Action submitted 9/1/00 for farm #28 will not be met. Please
explain why. If other BOC farms have not met or are projected at this time not to meet
other Plans of Action please provide similar explanations and information by October 4,
2000.
-Please provide all freeboard level (or the aforementioned farms for this year from 1/l/2000 to
present.
-Please provide the most up to to waste management plans for the aforementioned farms.
-Please provide all records pert ' ' g to waste application for the aforementioned farms to include
waste analysis, waste application and nutrient balances for the farms noted during 2000.
-For the farms noted please also provide a detailed plan to ensure compliance with each waste
utilization plan for the remainder of this cropping cycle and the next cropping cycle
ending in early 2001.
-Please also provide any lease agreements for additional land that could potentially be used in
alleviating problems at the farms noted.
It is also understood that waste was or is in the process of being pumped and hauled from farm
913 to farm #14. Please be advised that "prior" to pumping and hauling of waste from one farm to
another a detailed analysis should be performed to determine if the farm receiving the waste can
adequately accept the waste and that the certified waste management plan has been revised
accordingly. This office should be aware of such action prior to pumping and hauling and approve
such action prior to commencement of the activity. Further, such measures should be considered
prior to noncompliance not only as a remedy for high freeboard emergencies.
This letter is to also acknowledge receipt of a FAX from Mr. Kevin Weston today (7/27/00). The
FAX entitled "Detailed Plan of Action" outlined actions taken or are in process to address farm
#28 problems. The FAX includes the section "2. Emergency Pump and Haul", in this section Mr.
Weston outlines that a pump and haul activity will be initiated to bring the freeboard level to a
compliant level. In a follow-up call to Mr. Weston today (7/27/00) it was discovered that details
of this pump and haul operation have not yet been finalized. As noted above a detailed analysis

Mr. Simmons
September 27, 2000
Page 3 of 3
should be performed to determine if the farm receiving the waste can adequately accept the waste
and the certified waste management plan is revised accordingly. This office should receive such
evaluation and revised plan prior to the initiation of the pump and haul process.
Please be advised that the receipt of this FAX does not absolve BOC from failing to meet
the 30 day POA for farm #28 submitted 9/1/00.
The FAX outlines that "Animal Flow Manipulation" will be employed to also address farm #28
problems and that `Brown's of Carolina has adopted a policy which states that "no animal will be
placed on any farm with less than compliant levels of freeboard". The FAX also indicates that "no
replacement breeding stock will be sent to the farm". Please provide how many head of stock
have not been sent to farm #28 as a result of this policy during 2000. The FAX further states that
BOC will maintain this policy until compliant freeboard levels are attained. I urge BOC to
consider expanding this policy not to restock animals until BOC has determined that the entire
waste utilization plan can be met throughout the current and if necessary the following crop cycle.
This office views the freeboard levels at these farms critical as we are still in hurricane season.
Brown's of Carolina should make every effort to lower lagoon levels to achieve compliance and
to avoid preventable environmental impact.
Please be advised that furnishing the requested information in no way absolves BOC of any
violation past or future and the compliance history of these and other BOC farms is under review
to determine what action, if any, should be initiated by this office.
If you have questions or comments regarding this letter please do not hesitate to contact me at
[phone].
Sincerely,
Paul Paul E. Rawls
Water Quality Regional Supervisor
cc: Coleen Sullins, DWQ
Dennis Ramsey, DWQ
DWQ FRO Files BOC Farms 13, 28,29,30
DWQ Central Files
e.a -may I

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 31.2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina
Mr. Gus Simmons
P.O.Box 487
Warsaw, NC 28398-0497
Subject: Notice of Deficienev
Brown's of Carolina Farm 013
Facility No. 82-341 Permit No. AWS820341
Sampson County
Dear Mr. Simmons:
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 deficient in your 2H .0217 Permit.
On July 26, 2000 you, or staff from your farm, notified the Fayetteville
Regional Office of the Division of Water Quality that the freeboard level of the lagoon
was less than the minimum required in the General Permit for this facility. The General
Permit condition M.6.e- states: " The Permittee shall report by telephone to the
appropriate Regional Office as soon as possible; but in no case more than 24 hours
following first knowledge of the occurrence of any of the following events: e. Failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V(3) of this General Permit:'
The Division of Water Quality will take no further action for this reported
incident at this time. The Division of Water Quality requests that you advise the
Fayetteville Regional Office when the farm is back in compliance with its General
Permit for freeboard required at your facility.
Failure to comply with the above condition may result in the facility losing its
General Permit and being required to obtain an individual non discharge permit for the
facility.
AtFz�TJ
A:,Ar.ER+C�
GROUNDWATER SECTION
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED 1 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Simmons
7-31-00
Page 2
If you have any questions concerning this matter. please do not hesitate to contact me at [phone].
Sincerely,
%John C. Hasty. Jr.
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. MRCS
Trent Allen-DS W C Fayetteville Office
Central Files -Raleigh

'Noe
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL, RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 16, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Greg Brown
P.O.Box 487
Warsaw, NC 28398
Subject: Notice of Violation
Recommendation fgr EnforS:ement
Brown's of Carolina # 13
Facility No.82-341
Permit No. AWS 820341
Sampson County
Dear Mr. Brown:
You arc 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 21-1.0217 Permit.
On January 31, 2000 you, or staff from your farm, notified the Fayetteville
Regional Office of the Division of Water Quality that the freeboard level of the lagoon
was 10" which is less than the minimum required for structural stability of the lagoons
(less than 12"). The General Permit condition 111.6.e. states: ".The Permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in no
case more than 24 hours following first knowledge of the occurrence of any of the
following events: e. Failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition V(3) of this General Permit."
The Division of Water Quality requests that the following items) be addressed:
If not already accomplished, lower the lagoon to the required freeboard as
specified in your Certified Animal Waste Management Plan (CAWMP) and/or
your Permit in a manner that is consistent with your CAWMP.
Failure to comply with the above condition may result in the facility losing its
General Permit and being required to obtain an individual non discharge permit for the
facility. 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
violations.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLMA 28301-5043
PHONE $10-486-1541 FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Brown
March 16, 2000
Page 2
You are hereby notified that based on the above information the Division of Water Quality is considering
forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore,
the Division of Water Quality has the authority to levy civil penalty of not more than $25,000.00 per day per
violation.
If you have an explanation for this violation that you wish to present to this office, please forward a
detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with
recommendations for enforcement. This response should be received by this office on or before March 26,
2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following
address:
Mr. Steve Uwis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is
still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions about this matter, please do not hesitate to contact either myself or Mr. Robert
F. Heath, Environmental Specialist, at [phone].
cc:
Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Jimmy Vinson -Brown's of Carolina
Central Files -Raleigh
Sincerely,
G
Paul E. Rawls
Regional Water Quality Supervisor

WATER & LAND SECTION Fax:[phone] Feb 2 '01 12:01 P.01
a
C O V E R
.= S H E E T FAX
To:
Fax #:
Subject:
Date:
Pages:
Tommy Stevens
Paul Rawls
Jeff Poupart
Robert Heath
,Toe Albiston
Programmed
Brown's of Carolina PC 00-042
February 2, 2001
+ including this cover sheet,
COMML•NTS:
FYI
You (Tommy, Joe, Paul and Robert) were listed as witnesses for the above captioned case which
was scheduled for the week beginning February 12, 2001. Please be informed that this case has
been settled_ Copy of withdrawal with OAH and a copy of the check is attached for your files.
Sho«ld you have any questions or concerns about the attached, please do not hesitate to call this
office.
u.
As of today, this case is being officialif closed in this office.
Don W. Laton - Attorney of Record for the State
cc: Coleen Sullins
From the desk of .
_ Janet D. Lea
Paralegal
Department of Justice
P. O. Box 629
Raleigh. NC 27W2-0629
[phone]
Fax: (919) 71&6766

WATER & LAND SECTION Fax:[phone]
Feb 2 '01 12:01 P.02
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
BROWN'S OF CAROLINA, INC., )
Plaintiff; )
V. )
N.C. DEPARTMENT OF )
ENVIRONMENT AND NATURAL. )
RESOURCES, DIVISION OF WATER )
QUALITY, )
Defendant. )
r
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO.: 00 EHR 1394
WITHDRAWAL OF PETITION
'r
The matters at issue between the parties having fuuy been resolved, Petitioner Brown's of
Carolina, Inc. withdraws its Petition pursuant to Rule 41(a)(1)(i) of the North Carolina Rules of
Civil Procedure_
i;
0
Respectfully submitted this the 1 st day of February, 2001.
For the firm of .
Ward and Smith, P.A.
1001 College Cort
PO Box 867
New Bern, North Carolina 28565-0867
Telephone: [phone]
Facsimile: (252).672-5477
Attorneys for Petitioner l`

WATER 8 LAND SECTION Fax:[phone]
Feb 2 '01 12:02 P4& r
CERTIFICATE OF SERVICE
I certify that I have this day served a copy of the foregoing WITHDRAWAL OF
PETITION by depositing a copy thereof in an envelope bearing sufficient posta=e in the United
States mail at New Bern, North Carolina, addressed to the following person at the following
address which is the last address known to me:
Donald W. Laton, Esq.
Assistant Attorney General
NC Department of Justice
Environmental Division
PO Box 629
Raleigh, NC 27602-0629
This the 1 st day of February, 2001.
Ward and Smith, P.A.
1001 College Court
PO Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
M

WATER & LAND SECTION Fax:[phone]
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i
STATE OF NORTH CAROLINA NOV 15 2000 IN THE OFFICE OF
ADMINISTRATIVE HEWIINGS
COUNTY OF SAMPSON 00 EUM 1394
o
� _n
�-'-o
MTj -Tl
-T1 r—
liri���n'x cif ( arulina, Inc. )�C-
%Urn M
M?D q - O
Petitioner, ) u'=i''
MOTION T0,'DISMbSS'S
v• ) CONTESTED CASE PETif nON
AND FOR
NORTH CAROLINA DEPARTMENT ) ENTRY OF FINAL DECISION
OF ENVIRONMENT AND NATURAL )
RESOURCES, Div. Of Water Quality )
Respondent. )
NOW COMES the Division of Water Quality of the North Carolina Department of'
E'nvironment and Natural Resources, Respondent, by and through the undersigned, pursuant to
N. C. Gen. Stat. 15013-36(c)(3) and N. C. Gen. Stat. § lA-1, Rule 41(b) and moves the presiding
Administrative Law Judge for an Order of Dismissal and Entry of Final Decision in the
above -captioned matter, on the grounds that Petitioner Brown's of Carolina, Incorporated, has failed
to prosecute this contested case. In support of this Motion, Respondent shows the following:
1. A Petition for a Contested Case Hearing was tiled in and accepted by the Office of
Administrative Hearings on September 22, 2000. The Petition contested the assessment of a civil
penalty dated August 22, 2000 in File No. PC 00-042 against Brown's of Carolina, Inc by the
Director of the Division of Water Quality, North Carolina Department of Environment and Natural
Resources. The civil penalty assessment arises out of circumstances existing at Brown's of
Carolina #13, a swine operation in Sampson County for which Certificate of Coverage
AWS820341 under General Permit AWG100000 was issued on June 26, 1998.
2. Petitioner and Respondent were served with an Order for Prehearing Statements from
the Office of Administrative Hearings on September 27, 2000. The Order directed the parties to file
and serve Prehearing Statements within 30 days of the date of the Order.
3. Respondent duly filed and served a Prehearing Statement with the Office of
Administrative Hearings on October 27, 2000 with a copy of the Civil Penalty Assessment attached

i
Page 2 of 2
thereto and submitted as the Document Constituting Agency Action.
4. On information and belief, Petitioner did not file a Prehearing Statement with the Oflce
ol'Administrative I Icarings and did not serve Respondent with a copy ol'it.
5. The Rules of Civil Procedure arc applicable to contested cases in the Office of
AdIllinlStratiVC I Icarings pursuant to Title 26 N. C. Admin.. Code 3.0101( I ). Rule 41(b) ol' the
Rules ol'Civil Procedure provides that a case may be dismissed for a party's failure to prosecute, or
failure to comply with court orders and rules ofprocedure.
6. Under N. C. Gen. Stat. § 15013-33(b)(10) and 15013-36(c)(3), the Administrative Law
.fudge may enter an order dismissing a contested case for failure to prosecute.
7. Under 'title 26 N. C. Admin.. Code 3.01 14, this Court may dismiss a petition upon a
party's failure to comply with an interlocutory order ol'the court.
W11FREFORE, Respondent prays for an Order granting this Motion to Dismiss the
Contested Case Petition and Entry ofa Final Decision in favor of Respondent in the above -captioned
matter, due to the Petitioner's failure to prosecute this contested case.
Respectfully submitted this the 14th day of November, 2000.
MICHAEL F. EASLEY
Attorney General
By: -
Donald Laton
Assistant Attorney General
NC Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
NC State Bar No. 13303
Telephone [phone]
Facsimile [phone]

l
CERTIFICATE OF SERVICE
The undersigned Assistant Attorney General certifies that a copy ol'the Ibregoing MOTION
1'O DISMISS CONTESTED CASE lIFTITION AND ENTRY 01: FINAL DI C ISION was served
on the Petitioner by depositing a copy in the United States mail, First class, postage prepaid,
addressed as liollows:
600-1
Mr. Ronald G. Brown
Brown's ol"Carolina, Inc.
785 1lwy. 24 East
Post Office Box 487
Warsaw, North Carolina 28398-0487
I'his the 14th day of November, 2000.
MICHAEL F. EASLEY
Attorney General
By:
Donald I . aton
Assistant Attorney General
NC Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
NC State Bar No. 13303
Telephone [phone]
Facsimile [phone]

STATE OF NORTH CAROLINA IN'T E OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF SAMPSON 1� 00-EHR-1394
G2
BROWN'S OF CAROLINA, INC.,
Petitioner, )
V. )
N.C. DEPARTMENT OF ENVIRONMENT)
AND NATURAL RESOURCES, )
Respondent. )
RESPONDENT'S
PREHEARING STATEMENT
ilk -- � iL
NOV 0 2 2000
F..• ,� 1-TEVILLE
NOW COMES the Respondent, North Carolina Department of Environment and Natural
Resources, Division of Water Quality (DWQ), by and through their undersigned attorney,
Donald W. Laton, Assistant Attorney General, and files this Prehearing Statement pursuant to 26
NCAC 03 .0104 and Order signed by the Honorable Julian Mann, III, Chief Administrative Law
Judge. Respondent reserves the right to amend this Prehearing Statement as the matter
progresses.
1. The issues to be resolved and the statutes, rules, and legal precedent involved.
This matter involves the assessment of civil penalties against Petitioner for Non -
Discharge General'Permit violations on August 22, 2000, in the amount of five thousand one
hundred thirty-five dollars and thirty-six cents ($5,135.36). The controlling statutes and rules are
Article 21 of Chapter 143 of the North Carolina General Statutes, N.C. Gen. Stat. §§ 143-211 et
seq. and rules promulgated thereunder; and the Administrative Procedures Act ("APA"), N.C.
Gen. Stat. § 150B el seq. and rules promulgated thereunder. At this early stage of the

proceedings. Respondent has not determined the specific leval precedent which might be relevant
or controlling in this contested case.
2. A brief statement of the facts and reasons supporting the party's position on each
matter in dispute.
Respondent contends that Petitioner violated the Article 21 of Chapter 143 of the North
Carolina General Statutes concerning water and air resources and the rules promulgated
thereunder in the manner and to the extent described in the civil penalty assessment document. a
copy of which is attached hereto, incorporated herein, and submitted herewith as the document
constituting agency action. The subject assessment is therefore justified.
3. A list of proposed witnesses.
The Respondent may call the following witnesses:
Kerr T. Stevens, Director, Division of Water Quality
Paul Rawls, Regional Supervisor
Joe Albiston, DWQ Non -Discharge Compliance Enforcement Unit
Robert F. Heath, Environmental Specialist
Other DWQ employees related to this case; and
All of the Petitioner's witnesses.
4. Whether Respondent will pursue discovery.
Respondent intends to pursue discovery prior to the January 2001. deadline set forth in
the September 27, 2000, Scheduling Order.
5. Location of the hearing.
Respondent does not object to the Fayetteville, North Carolina location set forth in the
September 27, 2000, Scheduling Order.
-2-

6. Estimated length of hearing.
One day.
7. Home and business addresses and telephone numbers.
Not applicable.
8. Date when Respondent will be ready for hearing.
Respondent will be ready for a hearing by the week beginning February 12, 2001, as set
forth in the September 27, 2000, Scheduling Order.
9. Other special matters.
None.
Respectfully submitted this the -Z7W- day of October, 2000.
MICHAEL F. EASLEY
Attorney General
By: .
Donald W. Laton
Assistant Attorney General
State Bar No. 13303
Attorney for Respondent
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
EP/ 44080/wp.6.1

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing RESPONDENT'S
PREHEARING STATEMENT on the Attorney for Petitioner by depositing a copy in the United
States Mail, first class, postage prepaid, addressed as follows:
Ronald G. Brown
Brown's of Carolina, Inc.
785 Hwy 24
P. O. Box 487
Warsaw, NC 28398-0487
This the 27d day of October, 2000.
MICHAEL F. EASLEY
Attorney General
By:
Don d '. Lat n
Assistant Attorney General
State Bar No. 13303
N.C. Department of Justice
Post Office Box 629
RaleiL,h. NC 27602-0629
C!

State of North Carolina
Departnient of Environ:
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Gover
Tull Holman, Secretary
Kerr T. Stevens, Director
MR. GREG BROWN
BROWN'S OF CAROLDNA,
P. O. BOX 487
WARSAW, NC 28398
Dear Mr. Brown:
This letter transmits nc
#13 in the amount of $5,135.3
the assessment document expl
This action was taken
Secretary of the Department (
may be the subject of a new e
Within thirty daps of
l
Submit papmelt
Payment should
Environment an
Payment of the I
any continuing c
Mailing Address_
1617 Mail Smicc Center
Raleigh. North Carolina 27699-1617
An
lit
IL
NCDENR
C� p nORT)4 C.AROLINA DEPARTMENT OF
ENVIRONMENT Amo NArUR..4, (RESOURCES
AU(;qlljli August.22, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
General Permit Violations
Brown's of Carolina #13
Farm #82-341
Sampson County
File No. PC 00-042
ce of a civil penalty assessed against the Brown's of Carolina
including $135.36 in investigative costs. Attached is a cops of
ning this penalty,
the authority vested in me by delegation provided by the
ironment and Natural Resources. Any continuing violation(s)
:ment action, including an additional penalty.
of this notice, you must do one of the following:
of the penalty:
e made directly to the order of the Department of
Natural Resources (do not include waiver form).
nalty will not foreclose further enforcement action for
new viola[ion(s).
Telephone [phone]
Fax [phone]
Slate Courier #52-01-01
Opportunity / Af rmative Action Emp:oyer
recycled / 10% part-consunier paper
htrp://h2n. enr. state. nc. us
Location.
512. N. Salisbury St.
Raleigh, NC 27699-1617
b0 39Cd dV3H NIkV 30IAi0 ON 8LVE—EEL-616 8E:Z1 000Z/00/01

2.
Please submit payment to the attention of:
Mr. Joe Ibiston
NCDEN
DWQ
1b17 M, it Service Center
Raleigh, Noith Carolina 27699-1617
OR
Submit a writt n request for remission or mitigation including a detailed
justification fo such request:
A request for re
'ssion or mitigation is limited to consideration of the
reasonableness
f the amount'of the penalty and is not the proper procedure for
contesting the a
curacy of any of the statements coiatained in the assessment
letter. Because
remission request forecloses the option of an administrative
hearing, such a
quest must be accompanied by a waiver of your right to an
administrative h
aring and a stipulation that there are no factual or legal issues in
dispute. You milst
execute and return to this office the attached waiver and
stipulation form
and a detailed statement which you believe establishes whether:
(a) one or m1ore of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wr ngfully applied to the detriment of the petitioner;
(b) the viola or promptly abated continuing environmental damage resulting
from the violation;
(e) the viola ion Was inadvcrtcnt or a result of an accident;
(d) the viola or had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necess remedial actions.
Please submit tl
Mr. Joe
NCDEN
DWQ
1617 M,
Raleigh,
3. Submit a writb
If you wish to
request an adr
petition to the
150B of the N
with the:
information to the attention of:
ston
Service Center
orth Carolina 27699-1617
••
request for an administrative hearing;
intest any portion of the civil penalty assessment, you must
tistrative hearing. This request must be in the form of a written
Mice of Administrative Hearings and must conform to Chapter
;h Carolina General Statutes. You must file your original petition
90 39Vd aV3H NIWQb 39IiI!] ON 8LVE-EEL-616 8E:ZL 000Z/b0/0Z

STATE OF NORTH CA
COUNTY OF SAMPSON
IN THE MATTER OF
BROWN ' S OF CAROLIN A,
FOR NON -DISCHARGE
PERMIT VIOLATIONS
Acting pursuant to
Environment and Natural RE
Quality (DWQ), make the foil
I. FINDINGS OF FACT:
TA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 00-042
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
}
elevation provided by the Secretary of the Department of
ources, 1, Kerr T. Stevens, Director of the Division of Water
wing:
A. Brown's of Ca*ina, Inc. is a corporation organized and existing under the laws
of the State of North Carolina.
B. Brown's of C oliria, Inc. owns and operatcs the Brown's of Carolina 413, a
swinc operation in Sampson County,
C. Brown's of Car ling, Inc. was issued Certificate of Coverage AWS820341 under
General Permit AWG 100000 for Brown's of Carolina #13 on June 26, 1998,
effective June 2 1998, with an expiration date of April 30, 2003,
D. Condition No. 3. of the "General Conditions" of the General Permit states in
part that 'The aximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, mawnum waste level for lagoons/storage ponds tnust not exceed the
level that provi¢� es adequate storage to contain the 25-year, 24-hour storm event
plus an addition one (1) foot of structural freeboard_'
E. Based on the 2�-year, 24-hour storm event of seven (7) inches and one foot of
required struct ral freeboard, the waste level in the lagoon for Brown's of
Carolina 913 shall not exceed nineteen (19) inches.
90 39Vd aV3H NIkV 30I UO ON 8LPE-EEL-6L6 8E:Z1 000Z/170/01

F. Condition No. II. 6. e. of the "Monitoring and Reporting Requirements" of the
General Pemlit •equires that the permittee shall report by telephone to the
appropriate Regi nal Office as soon as possible, but in 110 case more than 24
hours following irst knowledge of the occurrence of failure to maintain storage
capacity in a la oon/storaoe pond greater than or equal to that required in
Condition V. 3. f the iSsued permit.
G. In accordance w tb the General Permit, Brown's of Carolina, Inc. notified the
Fayetteville Reg onal Office on January 31, 2000 that the waste level of the
lagoon was ten ( 0) inches.
H. The costs to th� State of the enforcement procedures in this matter totaled
$135,36.
Based upon the above Fi dings of Fact. I make the following:
II. CONCLUSIONS OF L W:
A. Brown's of Car Tina, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 43-212(4).
B. A permit for an mal waste management system is required by G,S. 143-215.1.
C. Brown's of Car ina, Inc, violated Condition No. V. 3. of the General permit by
failing to maint in the liquid level in the lagoon at the level specified in the
General Permit.
D. Brown's of Carolina, Inc. rnzy be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) whlich provides that a civil penalty of not more than ten thousand
dollars ($10,00000) 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 y- G.S. 143-215.1.
E. The State's enfo cement costs in this matter may be assessed against Brown's of
Carolina, Inc. p suant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8)_
F. The Director,
Secretary of
authority to a<
vision of Water Quality, pursuant to delegation' provided by the
Department of Environment and Natural Resources, has the
s civil penalties in this matter.
L0 39Cd HV3H
30Ii-l0 ON
8Lb£-££L-6T6 8E =ZT 000Z/t10/0T

BasCd upon the above 1
111. DECIS ION;
Browns of Carolina, Ir
$ Sync),
� 5,oao
S
in,ys of Fact and Conclusions of Law, I make the following:
is hereby assessed a civil pcnalty of.
for violating Condition No. V. 3, of the General Permit by
failing to maintain the liquid level in the lagbon at the level
specified in the General Permit.
TOTAL CI VIOL PENALTY, which is A-6- percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143 215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S.1 143B-282.1(b), which are:
(1)
The degree and
health, or to pri
(2)
The duration an
(3)
The effect on gi
(4)
The cost of reet
(5)
The amount of ;
(6)
Whether the vic
(7)
The prior recon
over which the
and
(8)
The cost to the ;
(Date)
(tent of harm to the natural resources of the State, to the public
.te property resulting from the violation;
gravity of the violation;
Ind or surface water quantity or quality or on air quality; .
;Ing the damage;
)ney saved by noncompliance;
tion was committed willfully or intentionally;
�f the violator in complying or failing to comply with programs
1vironmental Management Commission has regulatory authority:
of the enforcement procedures.
Derr T. Stevens, Director
Division of Water Quality
80 39Cd ZIt/3H NIWCV 39I-M 9N
8Lb£-££L-6T6 8£:Z1 000Z/00/0I

t
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
BROWN'S OF CAROLINA, INC.,
Petitioner,
V.
µ IN THE OFFICE OF
- ADMINISTRATIVE HEARINGS
00-EHR-I 394
u% 1 �
rD 3: 01
"tGuo t .
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES,
Respondent.
NOTICE OF APPEARANCE
PLEASE TAKE NOTICE that the undersigned Assistant Attorney General for the State
of North Carolina will appear on behalf of the respondent. All pleadings, notices, calendars, or
other documents should be directed to the attention of the undersigned.
This the -1?4- day of October, 2000.
MICHAEL F. EASLEY
Attorney General
Donald W. Laton
Assistant Attorney General
NC State Bar No. 130
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]
[phone] - FAX

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing NOTICE OF APPEARANCE has been sen-ed
on the petitioner by depositing a copy of same in an official depository of the United States Postal
Service. first-class postage prepaid, and addressed to petitioner as follows:
Ron G. Brown
Brown's of Carolina, Incorporated
785 Hwy 24 East
P. O. Box 487
Warsaw, NC 28398-0487
This the day of October, 2000
f r
Donald Vv. Lat n .
Assistant Attorney General
NC State Bar No. 13303
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh. North Carolina 27602-0629
[phone]
[phone] - FAX

MICHAEL F. EASLEY
AT70RNEY GENERAL
MEMORANDUM
J^SW�u�
Vyg
State of North Carolina
Department of .justice
P. O. BOX 629,
RALEIGH
2 7602-0629
TO: Tommy Stevens, Director, DWQ
.maul Rawls, WQ Regional Supervisor, FRO
FROM: Don Laton 71�
Assistant Attorney General
DATE: October 30, 2000
Repl) w.
Donald W. Laton
Environmental Division
Tel:[phone]
Fax:[phone]
NOV 0 6 2000
F,' f 4 E -
hL
RE: WQ PC 00-042. Contested Case, OAH No. 00 EHR 1394
Facility Name: Brown's of Carolina #13
Farm 982-341
I have been assigned to represent the Division of Water Quality in the above -referenced
contested case. Please note the dates set forth in this memo. Also note, fyi, the attached
Prehearing Statement which was filed on October 27, 2000. Thank you for the assistance various
DWQ staff have given to date.
The discovery deadline is January 29, 2001. 1 may need further input from DWQ in
Raleigh and in Fayettevillz to prepare discovery requests or to respond to discovery served by
Petitioner.
The hearing is set for the week beginning February 12, 2001 in Fayetteville. Chief
ALJ Julian Mann is presiding.
You can reach me by telephone at 716-6963 if you have any questions or comments about
this matter.
Thank you for your time and attention to this contested case.
Attachment
cc: Colleen Sullins
44317
Now

r
STATE OF NORTH CAROLINA IN THE OFFICE OF
y,. ADMINISTRATIVE HEARINGS
COUNTY OF SAMPSON 00-EHR-1394
BROWN'S OF CAROLINA, INC., )
Petitioner, )
V. ) NOTICE OF APPEARANCE
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES,
Respondent.
PLEASE TAKE NOTICE that the undersigned Assistant Attorney General for the State
of North Carolina will appear on behalf of the respondent. All pleadings, notices, calendars, or
other documents should be directed to the attention of the undersigned.
This the -1 ?'y- day of October, 2000.
MICHAEL F. EASLEY
Attorney General
Donald W. Laton
Assistant Attorney General
NC State Bar No.
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]
[phone] - FAX

11
r
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing NOTICE OF APPEARANCE has been sen ed
on the petitioner by depositing a copy of same in an official depository of the United States Postal
Service, first-class postage prepaid, and addressed to petitioner as follows:
Ron G. Brown
Brown's of Carolina, Incorporated
785 Hwy 24 East
P. O. Box 487
Warsaw, NC 28398-0487
This the '2� day of October, 2000
i
Donald . Lat , n
Assistant Attorney General
NC State Bar No. 13.3-43
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh. North Carolina 27602-0629
[phone]
[phone] - FAX

STATE OF NORTH CAROLINA IN -TjE OFFICE OF
ADMINISRATIVE HEARINGS
COUNTY OF SAMPSON ,0]0-EHR-1394
02
BROWN'S OF CAROLINA, INC., )
Petitioner, )
RESPONDENT'S
V.
) PREHEARING STATEMENT
N.C. DEPARTMENT OF ENVIRONMENT)
AND NATURAL RESOURCES,
Respondent. ) NOV 0 2 2000
lr... 1 frV1LI.
NOW COMES the Respondent, North Carolina Department of Environment and Natural
Resources, Division of Water Quality (DWQ), by and through their undersigned attorney,
Donald W. Laton, Assistant Attorney General, and files this Prehearing Statement pursuant to 26
NCAC 03 .0104 and Order signed by the Honorable Julian Mann, III. Chief .Administrative Law
Judge. Respondent reserves the right to amend this Prehearing Statement as the matter
progresses.
1. The issues to be resolved and the statutes, rules, and legal precedent involved.
This matter involves the assessment of civil penalties against Petitioner for Non -
Discharge General Permit violations on August 22, 2000, in the amount of five thousand one
hundred thirty-five dollars and thirty-six cents ($5,135.36). The controlling statutes and rules are
Article 21 of Chapter 143 of the North Carolina General Statutes, N.C. Gen. Stat. §§ 143-211 et
seq. and rules promulgated thereunder; and the Administrative Procedures Act ("APA"), N.C.
Gen. Stat. § 150B et seq. and rules promulgated thereunder. At this early stage of the

e
proceedings. Respondent has not determined the specific legal precedent which might be relevant
or controlling in this contested case.
2. A brief statement of the facts and reasons supporting the party's position on each
matter in dispute.
Respondent contends that Petitioner violated the Article 21 of Chapter 143 of the North
Carolina General Statutes concerning water and air resources and the rules promulgated
thereunder in the manner and to the extent described in the civil penalty assessment document. a
copy of which is attached hereto, incorporated herein, and submitted herewith as the document
constituting agency action. The subject assessment is therefore justified.
3. A list of proposed witnesses.
The Respondent may call the following witnesses:
Kerr T. Stevens, Director, Division of Water Quality
Paul Rawls, Regional Supervisor
Joe Albiston, DWQ Non-Discharae Compliance Enforcement Unit
Robert F. Heath, Environmental Specialist
Other DWQ employees related to this case; and
All of the Petitioner's witnesses.
4. Whether Respondent will pursue discovery.
Respondent intends to pursue discovery prior to the January 2001, deadline set forth in
the September 27, 2000, Scheduling Order.
5. Location of the hearing.
Respondent does not object to the Fayetteville, North Carolina location set forth in the
September 27, 2000, Scheduling Order.
-2-

6. Estimated length of hearing.
One day.
7. Home and business addresses and telephone numbers.
Not applicable.
8. Date when Respondent will be ready for hearing.
Respondent will be ready for a hearing by the week beginning February 12, 2001. as set
forth in the September 27, 2000, Scheduling Order.
9. Other special matters.
None.
Respectfully submitted this the -Z day of October, 2000.
MICHAEL F. EASLEY
Attorney General
By: .
Donald W. Laton
Assistant.Attorney General
State Bar No. 13303
Attorney for Respondent
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
EP/ 44080/wp.6. l

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing RESPONDENT'S
PREHEARING STATEMENT on the Attorney for Petitioner by depositing a copy in the United
States Mail, first class, postage prepaid, addressed as follows:
Ronald G. Brown
Brown's of Carolina, Inc.
785 Hwy 24
P. O. Box 487
Warsaw, NC 28398-0487
This the -27d day of October, 2000.
MICHAEL F. EASLEY"
Attorney General
By:
Don Id '. Lat n
Assistant Attorney General
State Bar No. 13303
N.C. Department of Justice
Post Office Box 629
Raleigh. NC 27602-0629
-4-

DI VISION OF WATER QUALITY
April 20, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Grog Brown
PO. Box 487
Warsaw, NC 28398
Subject: Notice of Violation
Browns of Carolina Farm # 13
Facility No. 82-341
Permit No. AWS 820341
Sampson County
Dear Mr. Brown:
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 214.0217,
you have been found to be in violation of your 2H .0217 Permit.
On April 13, 1999, staff from the Fayetteville Regional Office of the Division
of Water Quality performed an inspection of the facility due to the reported discharge
of animal waste at the Browns of Carolina Farm # 13 in Sampson County. During the
inspection it was noted that a flush tank line had broken and resulted in waste entering a
ditch and resulted in a discharge to a wetland which are considered waters of the state.
The Division of Water Quality was informed by Brown's of Carolina as required by
the General Permit condition I1I.6., which states that "the Permiuce shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case mom
than 24 hours following first knowledge of the occurrance of any of the following
events: a. Failure, of any component of the animal waste collection, treatment, storage
and land application system resulting in a discharge to surface waters." The freeboard
in the lagoons was nineteen (19) inches at the time of the investigation. There was a
good crop on all of the fields at this site as roquircd in the CAWMP for waste
application.

Mr. Brown
April 20, 1999
Page 2
The Division of Water Quality requests that the following item(s) be addressed:
1. Inspect all piping designed to convey waste to and from the waste storage structure (lagoon) to insure
that no faulty piping exist that could result in a future discharges.
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.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforce neat 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 $10,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr_
Robot Heath, Environmental Specialist, at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc_ Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. MRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh

April 15, 1999 Robert Heath
Heath
DENR-DWQ
Wachovia Building, Suite 714
Fayetteville, NC 28301
Dear Bob,
RECEIVED
APR 19 1999
REG.TEV LLLEE
This letter is the follow up to your visit to BOC 13 on Tuesday, April 13'b regarding the
accidental discharge.
This discharge happened because a flush tank fill pipe blew apart. At this point I don't know
why. The farm has been operating as you know for several years. Because it did happen, it
discharged an unknown amount of lagoon effluent. It happened sometime between Sunday
afternoon and Monday morning. It was discovered by one of our employees who was driving
around the farm.
As required by Brown's of Carolina operating procedures, the system was instantly shut down,
and recovery efforts satisfied. Brown's of Carolina staff worked to recover all that was possible
to get to. DWQ was properly notified within 24 hours according to our permit. The next morning
the crew was back on site, performing "mop up" of the discharge. According to Glenn Davis
who met you on site, they were still there when you did your investigation.
Facts are that there was no way we could have prevented or known this would happen. It
certainly was an accident and we did everything expected to recover the effluent to minimize any
potential damage to the environment. With this said, we feel that this incident does not merit a
"Notice of Violation."
Thank you for your consideration in this matter.
Sincerely,
9;7"
Jimmy Vinson
Environmental Manager
CC: Greg Brown
Glenn Davis
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE [phone]

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