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Home My WebLink About820715_NPDES Permit Requirement_20190919 ,; Q_ \ REUU V ED t DEQIDWR ROY COOPER l i Governor * '• .or i 4 2019 MICHAEL S.REGAN �� s. secretary *Q` . LINDA CULPEPPER NORTH CAROLINA WQROS: -Director Environmental Quality 1fy FAYETTEVI F` TGIO,°, LOFFICE: September 19,2019 Murphy-Brown,LLC Carroll's Farm 2096 PO Box 856 Warsaw,NC 28398 Subject: National Pollutant Discharge Elimination System(NPDES)Permit Requirement Facility Number: 82-715 Dear Murphy-Brown, LLC: The Division of Water Resources (Division)has reviewed your request for an exemption from applying for the NPDES permit as required due to the discharge event on June 17,2019. Upon careful review, the Division concludes that: You are not required to apply for coverage under the NPDES general permit at this time based on the additional voluntary corrective actions that have been taken to prevent future occurrences. The Division is aware that this facility is in the process of changing ownership;the Division's determination also requires the new owner and management continue to implement the corrective actions as provided in your response, see attached. This exemption will be void in the future should this facility experience any further discharges reaching waters of the State. If you should have any questions,please feel free to contact the Animal Feeding Operations Program staff at(919)707-9129. Sincerely, c.... ,,,,,, ,,,,g. („aws.0_,,..._, Christine B. Lawson . Program Manager Animal Feeding Operations Program Enclosures: 2096 AssessofCivilPenalty DV-2019=0119_091319 2096 NPDES NoRequireLetter 09132019 cc: Fayettevillereional-Offict7Wa`ter Quality Regional Operations Section Sampson County Soil&Water tonservation District Facility File(82-0715) ..-4-) North Carolina Department of Environmental Quality I Division of Water Resources D 512 North Salisbury Street 11636 Mall Sei-vtce Center I Raleigh,North Carolina 27699-1636 m� 919.707.9000 Smithfield. M.Kevin Weston Sr.Environmental Compliance Technical Specialist Smithfield Hog Production Division Good food. 1otb ® P.O.Box 856 2822 NC Hwy 24 West Warsaw,NC 28398 September 13,2019 (910)293-3434 tel yf'r, 2019 (910)293-3138 fax Miressa Garoma lrg , Animal Feeding Operations Program modnistagfesrsgr Division of Water Resources 1636 Mail Service Center Raleigh,NC 27699-1636 • Subject: Civil Penalty Assessment for Carroll's Farm 2096,Facility No.82-0715,Permit No.AWS820715 Sampson County Enforcement File No.DV-2019-0119 Dear Mr.Garoma, This letter is in response to the Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T.0105(e)(2) letter dated August.28,2019.for the above-mentioned farm.Enclosed please find a check in the amount of$3700.07. According to the letter,Murphy-Brown,LLC could request for remission of this penalty due to the following: 1. The violation was inadvertent and a result of an accident.The operator in charge was unaware that the pipe had been damaged during recent ditch maintenance and the damage was not apparent until the irrigation system was started. 2. The operator promptly abated continuing environmental damage. Within minutes of starting the irrigation system and during the startup inspection,the operator noticed the damaged pipe and immediately shut down the system,blocked the ditch to contain the spilled effluent and started the remediation process of recovering the spilled effluent. Our Environmental Management System (EMS) proved its effectiveness by providing the structure and protocol that ensured the incident was discovered quickly and appropriate corrective actions and notifications were done in a timely and effective manner.All required corrective actions and requested information has been provided to DEQ.In addition, the following actions have been taken: • All irrigation line ditch crossings have been marked with posts and will be 'maintained so that anyone performing field maintenance activities will be aware of the irrigation lines crossing the ditches, • All irrigation line ditch crossings are encased in a second pipe for added protection from maintenance activities, • Underground gate valves have been installed throughout the system and various valves will be closed to isolate or shut off sections of the system that are not in use during an irrigation event, • Prior to starting any irrigation event, the entire irrigation system will be inspected for damages and repairs made as needed, • This incident occurred while the farm was and still is under contract to be sold. Current and proposed management personnel have been involved with the corrective actions taken and proposed. Since this farm is under contract to be sold,Murphy-Brow. n,LLC isnot requesting remission of this penalty. If you have further questions or need additional information regarding this matter,please contact me. Sincerely, kweston@smithfield.com M.Kevin Weston www.smithfieldfoods.com Smithfield. M.Kevin Weston Sr.Environmental Compliance Technical Specialist Smithfield Hog Production Division 6600d food. 7Zespomzib(I8° P.O.Box856 2822 NC Hwy 24 West Warsaw,NC 28398 September 13,2019tC [Of� i k r f (910)293-3434 tel L1t tat�� flVF (910)293-3138 fax SEP 18 2019 Miressa Garoma Animal Feeding Operations Program W�i'erulfiy Division of Water Resources �e9ional 0pe�gpn�� 1636 Mail Service Center Raleigh,NC 27699-1636 Subject: NPDES Permit Requirement for Carroll's Farm 2096,Facility No.AWS820715 Sampson County Dear Mr.Garoma, This letter is in response to the Nation Pollutant Discharge Elimination System (NPDES) Permit Requirement letter dated August 28,2019 for the above-mentioned farm. Murphy-Brown,LLC is requesting that this farm not be required to apply for coverage under a NPDES permit because 1. At the time of the incident the farm was and still is under contract to be sold. 2. All required as well as voluntary additional corrective actions have been taken. 3. The proposed new owner and management was involved in implementing the corrective actions taken. . 4. The civil penalty assessed has been paid. (A copy of the check is attached.) Thanks for considering the information above in making the appropriate determination to this request. Please let me know the final determination as soon as possible as to which permit will be required.The sale closing date will be set once the determination is received. Again,thanks for your help in this matter.If you have any questions or need additional information regarding this matter, please contact me. Sincerely, Me M.Kevin Weston • • kweston@smithfield.com www.smithfieldfoods.com