260070_ENFORCEMENT_20171231

4 3
��F W%RQ A Michael'F. Easley, Governor
G William G. Ross Jr., Secretary
r1 North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT „REQUESTED
Murphy Family Farms
PO Box 759
Rose Hill, NC 28458
Re: Notice of Deficiency
High Freeboard
242 Farm .
AWS260070
Cumberland County
To Whom It May Concern:
On 1112412006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
AWG200000 Section 1.1.1 1.3(c), that the freeboard level of the lagoon was 18,0 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25 -year, 24-hour storm event plus an additional one (1) foot of
structural freeboard."
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (PDAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating_ future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
Aquifer Protection Section 1636 Mail Service Center
lnterner www.ncwateruualib org location: 2728 Capital Boulevard
An Equal QpportunitylAffirmative Action Employer— 50% Recycledl10% Post Consumer Paper
Noo �a1tCarolina
Alturallty
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Cont. Page Two
June 28, 2010
242 Farm
Required Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take 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 Ricky Revels or me at (910)-433-3300.
Sincerely
t r
Robert Marble
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick - CAFO Unit
Bladen County Soil and Water Conservation District
NCDSWC-FRO
FRQ-@ompliance_Anmal=Files
Murphy -Brown, LLC

July 11, 2007
Page 2
Murphy Family Farms
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. 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 call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. POAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.staie.nc.us/aps/afou/afou—home.htm
Sincerely,
�5_77
r • Art Barnhardt
Regional Supervisor
cc: Pari1ffy—L mile=Z66=070'=
APS Central Files
Murphy Family Farms

A;-1W
�IAII'
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverfy Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown, LLC
242 Farm
PO Box 856
Warsaw, NC 28398-0856,
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
AQUIFER PROTECTION SECTION
June 28, 2010
Subject: NOTICE OF DEFICIENCY
242 Farm, Facility 426-70
AWS260070
Bladen County
NOD -2010 -PC -0528/ Incident No. 201000813
To Whom It May Concern:
On February 5, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified
by Michael Ammons of a high freeboard level in lagoon 3723. We wish to thank Mr. Ammons 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. AWG 100000 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 with Condition V. 2. of Swine Waste System General Permit No. AWG100000.
On February 26, 2010 a lagoon/storage pond level was documented at 18.5 inches in lagoon 1. A level of 19.2 inches is
the maximum level allowed by your permit and Certified Animal Waste Management Plan.
AQUIFER PROTECTION SECTION
225 Green St,. Ste. 714
Fayetteville, North Carolina 28301 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6746 North Carolina
Internet: www.h20.enrstata.nc.us r��
An Equal Opportunity 1 Affirmative Action Employer �aturaL/

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MURPHY -BROWN, LLC
FO BOX 856
WARSAW, NC 28398-0856
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❑ Insured Mall 1711 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
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■ Print your name and address on the reverse X�. s
f so that we can return the card to you. B. Received by (Prf dName) C. jfj�
■ Attach this card to the back of the mallplece,
or on the front if space permits.e
D. Is dal" address differentem ?W les
1. Article Addressed to. If YES, enter delivery adIC
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MURPHY -BROWN, LLC
FO BOX 856
WARSAW, NC 28398-0856
US
3. Se ice type
CeMilled Mall ❑ Express Mall
❑ Registered © Return Receipt for Merchandise
❑ Insured Mall 1711 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7001 2570. 0000 6662 87-89--'-'-----1
PS Form 3811, February 2004 Domestic Return Reoelpt 10259&&-M-1540

Murphy -Brown ac
MBE LNM
July 20, 2010
ATTN: Robert Marble
NCDENR
Division of Water Quality
Aquifer Protection Section
225 Green St., Suite 714
Fayetteville, NC 28301
785 Hwy. 24150 1n
Warsaw, NC 28388 OJ V
R�c�iV�D
ti
Subject: Notice of Deficiency
242 Farm, Facility #26-70
AW S260070
Bladen County
NOD -2010 -PC -05281 Incident No, 201000813
Dear Mr. Marble,
;1
FRO
This letter is being sent in response to a Notice of Deficiency letter issued by your office on the
above mentioned facility managed 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 conditions 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. This facility's freeboard
was reported back in compliance on 31312010.
If you have any questions regarding this matter, please do not hesitate to call me at [phone] or
email me at [e-mail].
Sincere! ,
4,
I. ---
Michael Ammons
Environmental Resource Specialist
Murphy Brown East

voup NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 17, 1999
Dr. Garth Boyd
Murphy Family Farms
P.O. Box 759
Rose Hill, NC 28458
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
242 Swine Farm
Facility Nos. 26-70
Cumberland County
Dear Dr. Boyd:
You are hereby notified that, having been permitted to have a non
discharge permit for the subject animal waste disposal system pursuant to
15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
On May 5, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farm located off Hwy 242 in Cumberland County. The inspection revealed
that the waste application fields had a substantial problem with weeds and
other grasses and a poor stand of coastal Bermuda sprigs. In addtion, the
records revealed that an overapplication of nitrogen had occurred on the
small grain overseed on all fields.
The Division of Water Quality requests that the following items be
addressed:
225 GREEN STREET, SUITE 714, FAY ETTEVILLE, NORTN CAROLINA 2830t.5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /APPIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% PORT -CONSUMER PAPER

Murphy Farms
Page 2
May 17, 1999
1. Immediately investigate the. -coastal bermuda stand to determine if adequate sprigs
exist for coverage this season and what steps should be taken to remove the competition.
2. Records indicate that an overapplication of nitrogen has occurred on the small grain
overseed which is a violation of the certified waste management plan and requires that a
wettable acres determination be conducted.
Please be' advised that this notice does not prevent the Division of Water Quality from,
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00
per day per violation.
Please provide a'written response to this office on or before June 30, 1999, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910)
486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sue Homewood - Compliance Group
John Ray - Cumberland Co. NRCS
Audrey Oxendine - DSWC Fayetteville .Office
Central Files - Raleigh

-s NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 13, 2000
Mr. John Bizic
P.O. Box 759
Rose Hill, NC 28458
SUBJECT. NOTICE OF DEFICIENCY
Highway 242 Swine Facility
Registration No. 26-70
Cumberland County
Dear Mr. Bizic:
On May 31, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Highway 242 swine facility. It was
observed that the small grain overseed had not been removed as required in
the certified animal waste management plan (CAWMP) which could result in
possible loss of bermuda grass stand due to shading.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Remove the small grain overseed crop (matua) from the waste
application field prior to seeding to prevent the loss of the
primary crop.
Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have. or may result from
these deficiencies.
If you have any questions concerning this matter, please call Robert
Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Trent Allen - FRO DSW
John Ray -Cumberland Co. NRCS `
Mme
228 GREEN STREET, SUITE 714 / SYSTEL BLP. FAYETTEVILLE• NORTH CAROLINA .28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

:�b-7C)
F A M I L Y F A R M S
June 20, 2000
NCDENR-DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
RE: 242 Farm Inspection of May 31, 2000 / NOD
Dear Mr. Heath:
Regarding the Notice of Deficiency for not removing the matua overseed soon enough, we
acknowledge that we did not remove it as soon as we intended due to weather and harvester
scheduling problems.
We would like to note that matua is a re -seeding perennial that forms seed heads through the
growing season and must be allowed to seed out at the end of the growing season to provide
enough seed for the next season. Research shows that even when matua grass forms seed heads,
it continues to remain in the vegetative growth stage, thus adding yield tonnage and nutrient
uptake.
In future years we will remove the overseed soon enough so as not to hinder the bermuda grass
stand. Thank you.
o Bi '
Land and Nutrient Manager
Cc: Kraig Westerbeek
Garth Boyd
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

Iv,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL' OFFICE
DIVISION OF WATER QUALITY
June 28, 2000
Att: Mr. John Bizic
Murphy Family Farms
P.O. Box 759
Rose Hill, NC 28458
SUBJECT: Hwy 242 Farm
Facility # 26-70
Cumberland County
Dear Mr. Bizic:
This letter is issued to respond to your letter received June 21, 2000 by .
the Fayetteville Regional Office of the Division of Water Quality in regard to
the matua overseed at the subject facility. After a review of your response to
the Notice of Deficiency (NOD) in which you stated that the matua was a
perennial grass and must be allowed to seed prior to harvesting to allow
adequate cover in the following season. In this situation the Division
considers the matua an overseed and the coastal bermuda the primary crop.
Therefore, the matua must be removed prior to seeding to prevent shading
of the bermuda as occurred this year. The overseed crop should be -
established each year in accordance with the planting and harvesting
windows in the attached memo from Dr. Green.
If you have any questions or comments concerning this matter, please
call myself or Paul Rawls at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Trent Allen - FRO DSW
228 GREEN STREET, SUITE 714 / SYSTEL BLIT. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Y1
NOM camft Suds L iv"IV b a W%l. DeparbWnt d Glop Science
Put whMsty rand a oorntituw Unt$ution
of Tlw tlromaty d North Caroft
Memorandum
TO: North Carolina Certified Te fin -v&
ical Specialists
FROM: Dr. Jim Green, Chairman
NC State University Forage roduction Workgroup
DATE: June 29, 1998 V
SUBJECT: Crop Management Practices for Select Forages
Used in Waste Management
Canoga d Agriculture and Llte Scloneoa
Campus Box 7820
Raleigh, NC 27695-7620
919.518.2647
919.815.7969 (fax)
The following is a four-page summary of suggestions for management practices for some
forage crops that can be used in waste management plans. These suggestions are a result of
discussions within the NC State University Forage Production Workgroup, a group comprised
of NC State faculty and NRCS agency personnel with expertise with the crops.
There are limited documented research responses of some of these practices on the many soils
and environments where these crops are currently being grown. The Forage Production
Workgroup has taken the available data and used the combined experiences and realistic
estimates of key people to come up with suggestions that will allow farmers to incorporate
these crops and practices into waste management pians. As data become available to.
substantiate or refute these suggestions, the Forage Production Workgroup will make
appropriate changes.
Bermuda Overseeded With Cereal Rye and Annual Ryegrss
Currently two types of "ryegrass" are being used for winter. overseeding in fields used for
animal waste management. Cie egg is a winter annual smallgrain that looks similar to
wheat, barley -and oats. manual ryegms is a winter annual grass that looks much like tall
fescue. Both of these grasses, when growing during the winter on bermuda sod, can have
significant impact on subsequent bermuda yields. In effect, the total yields from an acre
growing the combination of Bermuda with these winter annuals will usually yield between 1-2
tons more per acre than bermuda growing alone for the year. Therefore, the total amount of
PAN Acre for the year is about 100 lbs more than for Bermuda alone. Although cereal rye and
annual ryegrass are suitable crops for overseeding, the management of the crops are different
and thus practices implemented are dependent on the crop selected.

1 -1 -OT!
e
North Caroft State Uriversity is a bncl. Depadmint Of CrOP Science
Ward urimity and a emstituat rdULdw
of The Urvenly d North Camike
ME"ego of Agrimftre.and Life SojwjdW
dmpw Box 7620
Raleigh, NC 276.96-7620
919.515.2647 -
919.5I5.7969 (fax)
Cereal Rye
The cereal rye should: be planted by October I 5 to provide the- best opportunity to get winter
-growth. The -'most consistent -stands are obtained from drilling rye into short (less than 3
inchestall) behnudagrass, sod.. If drilling is not possible, the, seeds may be broadcast on short
bermuda sod followed by a light cultivation with a disc or tillage-4#1ement. The seeding rate
for broadcast planting ,of seeds should be.-I.5 times the:rate for drilled seeds. Tbe,.Iask
application of animal waste is to be applied -to - the bermuda. prior to August. 31. 'An
application of 50 lbs/acre of Plant Available (PAN) maybe be 'applied between September .15
and October 30.. An additional 50 Ibs/acre of PAN may be. applied in February -March. If rye
growth,is harvested on time and does not significantly shade, the.bermuda, -PAN-rates',for the
-subseque . nt-bermuda crop are based on realistic,yields of bermuda. A harvesfis required prior
to heading. or. April 7, which ever- comes first.. This is necessary to minim= the potential -for
shading-,bermuda" and -reducing Its yields.. The PAN � rate for grazed systems. with, bermuda
overseeded with cereal - -rye must be reduced in accordance with NRCS Technical
Standard-4590.
Annual Ryegrass
Annual ryegrass should be planted by October 15 to provide thebestopportunity to get, winter
growth. The most. consistent stands are obtained from drilling ryegrass into short (less than 3
inches tall) bermudagrass sod. If drilling.is; not possible, the seeds maybe broadcast on shoit,
bermuda sod followed by a light cultivation with a disc or tillage implement. The seeding rate
fdr, broadcast planting of seeds should be 1.5 times the 'rate for drilled seeds. The List
application of animal waste is to be applied to . the bermuda prior to August..k. An -
application of. 50 lbstacre of (P.W'.may be applied -between September 15 And October 30.
An additional 50 lbstacre of PAN may be applied in February -March. - If additional PAN is
applied to the ryegrass -mii April -May, the PAN rate for the bermuda must be reduced. by. A.
.corresponding amount This is necessarybecause ryegrass growth during. -April-May will
reduce- bermuda yields and shorten'the time bermuda can fully utilize the N. A harvest . is
required by heading or April 7, which ever comes first to prevent shading of emerging
bermuda during April -May period. To favor. the` ,production of the 'bermuda, -additional
-harvests of ryegrass will be required when the ryegrass canopy reaches 12- to 15 inches height.
..;
The PAN rate for grazed systems with, bermuda overseeded with annual ryegra'ss... must be
reduced in accordance with NRCS Technical Standard #590.

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