400017_NOD-2021-PC-0431_20210818

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
August 18, 2021
Mr. Everette Murphrey
Everette Murphrey Farm
6930 US Hwy 258 N
Farmville, North Carolina 27828
Subject: Notice of Deficiency - Freeboard Level
Everette Murphrey Farm #40-17
AWS400017
Greene County
NOD-2021-PC-0431
Dear Mr. Murphrey:
Thank you for your recent call regarding the freeboard levels at your facilities. On August 9,
2021, during a telephone conversation with staff of the NC Division of Water Resources (DWR),
you reported a high freeboard level (17 inches) in the primary lagoon.
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 have insufficient freeboard in accordance with
the facility's Certified Animal Waste Management Plan and the NC Swine Waste Management
System General Permit No. AWG100000 that you are covered to operate under..
Deficiency 1:
Failure to maintain waste level in your lagoon/storage pond in accordance with the facility's
Certified Animal Waste Management Plan in Accordance with Condition V.2. of Swine Waste
Management System General Permit No. AWG100000.
On August 9, 2021, a lagoon/storage pond level was documented at 17 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
WM.. CAROLINA
D_E
Cteparbnect al Environmental OtaWy\
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

Corrective Action for Deficiency 1:
A 30-day Plan of Action was submitted on August 17, 2021. Take all necessary additional steps
to ensure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to address the above violation. You are
required to provide a written response to this Notice, including any additional information
that you wish to provide related to this incident that you wish for the Division to consider,
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.
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. To minimize the potential for any possible future compliance
matters attributable to prolonged wet weather conditions, you may wish to review your animal
waste management system design, as well as the waste plan itself, for any potentially beneficial
modifications and/or improvements.
If you have any questions concerning this letter, please contact me at [phone].
Sincerely,
Via hal
David May, L.G., Supervisor
Water Quality Regional Operations Supervisor
Division of Water Resources
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation District
NCDSWC — WaRO
Smithfield Foods
LD_E
NORTH CAW:0NA
Department cf Enn, R J Quellry
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481