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Home My WebLink About820464_NOV-2021-DV-0187_20210430ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality April 30, 2021 CERTIFIED MAIL: 7020 0090 0001 7206 7357 RETURN RECEIPT REQUESTED Murphy -Brown LLC PO Box 856 Warsaw, NC 28398 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2021-DV-0187 Farm 2046 Facility No. 82-464, Permit No. AWS820464 Incident number 202101104 Bladen County Dear Murphy -Brown, LLC.: On February 16, 2021 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), received a phone call with regard to a discharge at the farm listed above. On February 16 and 17, 2021 DWR staff inspected the site. Michael Norris of Murphy -Brown and other staff were present. We wish to thank them for their cooperation and assistance. As a result of these inspections, 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 .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to prevent discharge of waste to surface waters or wetlands by using a manmade conveyance. N.C.G.S. 143-215.10C - (Permit No. AWG200000 Section Conditions I 1). On February 16, 2021 around 7:30 pm, Mike Norris reported a discharge of waste from a containment area into the woods. DWR staff conducted a site visit around 9:20pm and documented with pictures that waste had bypassed the secondary containment area through an open valve. The valve was open to release the rain water, and farm staff did not realize that a discharge pipe was plugged and caused the waste to overflow into the storm drainage system. Mr. Norris calculated that approximately 800 gallons of waste did reach Gilmore Swamp. DE sdiehe NORTH CAROLINA � Dewrtmout of FnuimumaudI Ouei North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433.3300 Page 2 Murphy -Brown, LLC. April 30, 2021 Required Corrective Action for Violation 1: Mr. Norris stated on February 16, 2021 that the plugged discharge pipe had been repaired. In a five-day response letter, it was stated that the farm employees will routinely check the secondary containment during the time it is open to allow draining fresh water until the time that is can be closed. The Division of Water Quality would like to thank Mr. Mike Norris for providing the items listed below, received at the Fayetteville Regional Office on February 24, 2021. No additional information is needed at this time. 1. An explanation from the OIC for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300 D_E NORTH CAAOLINA Gppnrtm0M nl Fmlmmmenlal Pinny Sincerely, DocuSigneddn by: n�_ l 5189C2D3DD5C42B... J. Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433,3300 cc: FRO Compliance Animal Files-Laserfiche Smithfield Farms LD_E NORTH CAROLINA GppprtmpM pl Fmlmnmpnlal Pinny North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433,3300