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Home My WebLink About780091_NOV-2021-DV-0459_20211118ROY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality November 15, 2021 CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7020 0090 0001 7206 3021 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-0459 Farm 5075 & 5076 Facility No. 78-091, Permit No. AWS780091 Robeson County Dear Murphy -Brown, LLC.: On October 12, 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 October 12 and 13, 2021, DWR staff inspected the site. Mike Cudd 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 October 12, 2021 around 4:00 pm, Mike Cudd reported a discharge of waste from a leak in the irrigation line that crossed a ditch. DWR staff conducted a site visit around 6:30 pm and documented with pictures that waste had bypassed the secondary containment area through an open slam gate. The slam gate was left in the open position and allowed the release of rain water and waste that was spilled in the ditch. Farm staff did not realize that an irrigation line was broken and caused the waste to flow into the storm drainage system. Mr. Cudd calculated that approximately 10,000-15,000 gallons of waste did leave the property. NORD_E Dep,rlmntl el Emlmnmenlal P .M_ . Joe North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301 910.433.3300 Page 2 Murphy -Brown, LLC. November 15, 2021 Required Corrective Action for Violation 1: Mr. Cudd stated on October 18, 2021 that the irrigation line has been repaired. In a five-day response letter, it was stated that the farm employees will be retrained to close slam gates in critical points while performing irrigation events, and employees will also be inspecting other irrigation lines on the farm. After the spill was discovered, it was stated that LNM staff closed the slam gate and called in a contractor who used heavy equipment to block the ditch on the neighbor's land to contain the waste. LNM set up multiple pumps and pumped the ditch out through the week. The Division of Water Quality would like to thank Mr. Mike Cudd for providing the items listed below, received at the Fayetteville Regional Office on October 18, 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 Katie Fontenot or me at (910) 433-3300 Sincerely, �DocuSigne/d'�by: _ . 1t' 0,-iU7(7.ZA, —.518B DA9a&n Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: FRO Compliance Animal Files-Laserfiche Smithfield Farms D_E NORTH CAAOLINA Gppnrtm0M nl Fmlmmmenlal 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 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