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040030_ENFORCEMENT_20171231
Beverly Eaves Perdue, Governor Dec Freeman, Secretary North Carolina Department of Environment and Natural Resources AQUIFER PROTECTION SECTION October 7, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John Bizic P.O. Box 759 Rose Hill, North Carolina 28458 Subject: NOTICE OF DEFICIENCY Fox Ridge Complex Facility No. 4-30 Permit No. AWSO40030 Anson County NOD — 201 O-PC-1054 Dear Mr. Bizic: Coleen H. Sullins. Director Division of Water Quality On February 6, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), were notified by Mike Cudd of a high freeboard level in one or more of the facilities lagoons. As a result of this incident, you are hereby notified that, leaving been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1300, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG100000. On February 6, 2010, a lagoon/storage pond level was documented at 18 inches of freeboard. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (2) of your permit. Mailing Address Phone (919) 807-6300 Location iVo�rthCarolna 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. �i//►�//atu!-dlt/ Raleigh, NC 27699.1617 Raleigh, NC 27604 Internet: www.ncwatcraunlitv.oCustomer Service 1-877-623-6748 An Equal OpporlunitylAfrmalive Action Employer - 500% Recycled/10% Post Consumer Paper Page 2 Mr. John Bizic October 7, 2010 If you have not already done so, provide a written response to this Notice of Deficiency once lagoon levels are back in compliance. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality 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 me at (910) 433- 3300. Sincerely, Tony W. Honey Environmental Specialist Fayetteville Regional Office. ec: Keith Larick/APS CAFO Unit FRO Compliance Animal Files NCDS WC -FRO Murphy -Brown MBE LNM October 15, 2010 ATTN: Tony W. Honeycutt NCDENR Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville, NC 28301 Subject: Notice of Deficiency Farm Foxridge Complex, Facility #04-30 AW SO40030 Anson County NOD-2010-PC-1054 Dear Mr. Honeycutt, Hwy, X Warsaw, n Warsaw, NCC 28 28398 4 , - RECEIVED x. OCT 19 2010 DENR-FAYETTEOLLE REG1OUt OFRGE This letter is being sent in response to a Notice of Deficiency setter issued by your office on the above mentioned facility managed by Murphy Brown, LLC. As noted in an e-mail, the lagoon level was self reported on February 6, 2010 as being out of compliance and a 30 day Plan of Action was submitted to your office. The lagoon 74401 (Foxridge Sow Farm) was pumped down to stop pump on September 18, 2010. From September 18"' until the lagoon was reported out of compliance on February 6h, our rainfall total was 26.7". 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 an extended 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. On March 6"' the Plan of Action was extended for another 30 days. As soon as the weather and field conditions allowed, land irrigation resumed. This facility's freeboard was back in compliance on 4/5/2010, as noted and reported in E-mail format to DWQ. As of today, October 15, 2010, current lagoon level of 74401 is 61 ", which is 6" below stop pump. If you have any questions regarding this matter, please do not hesitate to call me at (910) 217-1836 or email me at mikecuddCa7murphybrownllc.com. Since;06P� Mike Cudd Environmental Resource Specialist Murphy Brown East Page I of 1 Mike Cudd From: Mike Cudd Sent: Saturday, February 06, 2010 11:58 AM To: ricky.revels@ncdenr.gov Cc: David Nordin; Toni King Subject: Lagoon freeboard out of compliance 2-6-10 These three lagoons went out of compliance 2-6-10: 74401 Facility 04-030 Permit # AWSO40030 1) 74401 start pump 19.8", current freeboard reading 18" 2) 744011TW start pump 21", current freeboard reading 19" 76881 Facility 83-022 Permit # AWS830022 3) 76881 start pump 20.4", current freeboard reading 19" Mike Cudd LNM Specialist 910-217-1836 cell 910-276-0648 (463) 10/ 15/2010 Freeboard Precipitation Report Date 10/192010 08/03/2009 to 10/18/2010 Region Eastern Region Division 5010106 Complex Facility Facility Name Lagoon InspectionDate Lagoon Level Precipitation 501010061 04-030 74401 74401 01/23/2010 23.00 0.00 501016061 04-030 74401 74401 01/25/2010 - 2.00 501010061 04-030 74401 74401 01 /29/2010 22.00 0.00 501010061 04-030 74401 744.01 02/01/2610 - 0.90 501010061 04-030 74401 74401 02/02/2010 - 0.20 501010061 04-030 74401 74461 02/03/2010 - 0.20 501010061 04-030 74401 74401 02/05/2010 22.00 ukjr� 0.70 501010061 04-030 74401 14401 02/06/2010 18.00 - 2.20 501010061 04-030 74401 74401 02/10/2010 17.00 0.40 501010061 04-030 74461 74401 02/12/2010 17.00 0.00 501010061 04-030 74401 74401 02/13/2010 16.00 0.80 501010061 04-030 74401 74401 02/15/2010 16.00 0.00 501010061 04-030 74401 74401 02/16/2010 16.00 0.20 501010061 04-030 74401 74401 02/17/2010 15.00 0.00 501010061 04-030 74401 74401 02/18/2010 15.00 0.00 501010061 04-030 74401 74401 02/ 19/2010 15.00 0.00 501010061 04-030 74401 74401 02/202010 16.00 0.00 501010061 04-030 74401 74401 02/21 /2016 16.00 0.00 501010061 04-030 74401 74401 02/23/2010 15.00 0.50 501010061 04-030 74401 74401 0224/2010 - 0.10 501010061 04-030 74401 74401 02/25/2010 15.00 6.30 501610061 04-030 74401 74401 0226/2010 15.00 0.00 501010061 04-030 74401 74401 02/28/2010 15.00 0.00 501010061 04-030 74401 74401 03/01/2010 15.00 0.00 501010061 04-030 74401 74401 03/042010 14.00 1.10 501010061 04-030 74401 74401 03/052010 14.00� 0.00 501010061 04-030 74401 74401 03/062010 14.00 -�t po 0.00 501010061 04-030 74401 74401 03/07/2010 14.00 0.00 501010061 04-030 74401 74401 03/08/2010 15.00 0.00 501010061 04-030 74401 74401 03/092010 16.00 0.00 501010061 04-030 74401 74401 03/12/2010 16.00 0.20 501010061 04-030 74401 74401 03/132010 14.00 1.10 501010061 04-030 74401 74401 03/15/2010 - 0.10 501010061 04-030 74401 74401 03/162010 14.00 0.00 501010061 04-030 74401 74401 03/17/2010 14.50 0.00 501010061 04-030 74401 74401 03/18/2010 15.00 0.00 501010061 04-030 74401 74401 03/19/2010 16.00 0.00 501010061 04-030 74401 74401 0320/2010 17.00 0.00 501010061 04-030 74401 74401 03/212010 17.00 0.00 501010061 04-030 74401 74401 0322/2010 - 0.40 501010061 04-030 74401 74401 03/23/2010 - 0.10 501010061 04-030 74401 74401 03242010 19.00 0.00 501010061 04-030 74401 74401 03/25/2010 19.00 0.00 501010061 04-030 74401 74401 03262010 20.00 0.00 501010061 04-030 74401 74401 03/27/2010 22.00 0.00 501010061 04-030 74401 74401 03292010 19.50 1.10 501010061 04-030 74401 74401 03/302010 19.50 0.00 501010061 04-030 74401 74401 03/312010 20.50 -Z� 0.00 501010061 04-030 74401 74401 04/01/2010 22.00 0.00 501010061 04-030 74401 74401 04/022010 22.50 4 0.00 501010061 04-030 74401 74401 04/03/2010 23.00 0.00 501010061 04-030 74401 74401 04/052610 23.50 `N� n 0.00 501010061 04-030 74401 74401 04/06/2010 24.00 0.00 501010061 04-030 74401 74401 04/07/2010 25.00 0.00 501010061 04-030 74401 74401 04/09/2010 25.00 0.10 501010061 04-030 74401 74401 04/122010 26.00 0.00 Page 5 of 26 Freeboard Precipitation Report Date 10/18/2010 08/03/2009 to 10/18/2010 Region Eastern Region Division 5010106 Complex Facility Facility Name Lagoon lnspectionDate Lagoon Level Precipitation 501010061 04-030 74401 74401 04/13/2010 27.00 0.00 501010061 04-030 74401 74401 04/14/2010 28.00 0.00 501010061 04-030 74401 74401 04/15/2010 29.00 0.00 501010061 04-030 14401 74461 04/16/2010 29.50 0.00 501010061 04-030 74401 74401 04/21/2010 - 0.10 501010061 04-030 74401 74401 64/23/2010 29.00 0.00 501010061 04-030 74401 74401 04/26/2010 - 0.40 501010061 04-030 14461 74401 04/28/2010 - 6.50 501010061 04-030 74401 74401 04/29/2010 30.00 0.00 501010061 04-030 74401 74401 04/30/2616 30.00 6.06 501010061 04-030 74401 74401 05/04/2010 - 0.30 501010061 04-030 14401 74401 05/06/2010 31.00 0.00 501010061 04-030 74401 74401 05/07/2010 32.00 0.00 501010061 04-030 74401 74401 05/12/2010 - 0.20 501010061 04-030 74401 74401 05/14/2010 32.00 0.00 501610061 04-030 74401 74401 05/17/2010 - 2.70 501010061 04-030 74401 74401 05/18/2010 - 1.30 501010061 04-030 74401 14401 05/19/2010 - 0.10 501010061 04-030 74401 74401 05/21/2010 28.00 0.00 501010061 04-030 74401 74401 05/24/2010 - 0.70 501010061 04-030 74401 74401 6/25/2010 - 0.40 501010661 04-030 74401 74401 05/28/2010 28.00 0.06 501010061 04-030 74401 74401 06/01/2010 26.00 2.70 501010061 04-030 74401 74401 06/02/2010 - 0.30 501010061 04-030 74401 74401 06/03/2010 - 0.50 501010061 04-030 74401 74401 06/04/2010 25.00 0.00 501010061 04-030 74401 74401 06/07/2010 - 0.60 501010061 04-030 74401 74401 06/09/2010 25.00 0.00 501010061 04-030 74401 74401 06/11/2010 26.00 0.10 501010061 04-030 74401 74401 06/ 14/20 l 0 27.00 0.00 501010061 04-030 74401 74401 06/15/2010 28.00 0.50 501010061 04-030 74401 74401 06/ 1612010 29.00 0.00 501010061 04-030 74401 74401 06/ 17/2010 30.00 0.00 501010061 04-030 74401 74401 06/18/2010 31.00 0.00 501010061 04-030 74401 74401 06/22/2010 31.00 0.00 501010061 04-030 74401 74401 06/24/2010 - 0.60 501010061 04-030 74401 74401 06/25/2010 32.00 0.00 501010061 04-030 74401 74401 06/30/2010 - 0.20 501010061 04-030 74401 74401 07/01 /2010 33.00 0.30 501010061 04-030 74401 74401 07/02/2010 34.00 6.00 501010061 04-030 74401 74401 07/06/2010 35.00 0.00 501010061 04-030 74401 74401 07/08/2010 36.00 0.00 501010061 04-030 74401 74401 07/12/2010 - 0.20 501010061 04-030 74401 74401 07/13/2010 - 1.00 501010061 04-030 74401 74401 07/14/2010 34.00 0.50 501010061 04-030 74401 74401 07/15/2010 35.00 0.00 501010061 04-030 74401 74401 07/16/2010 36.00 0.00 501010061 04-030 74401 74401 07/19/2010 - 1.20 501010061 04-030 74401 74401 07/22/2010 36.00 0.20 501010061 04-030 74401 74401 07/23/2010 37.00 0.00 501010061 04-030 74401 74401 07/24/2010 38.00 0.00 501010061 04-030 74401 74401 07/26/2010 39.00 0.10 501010061 04-030 74401 74401 07/27/2010 - 0.90 501010061 04-030 74401 74401 07/28/2010 - 0.10 501010061 04-030 74401 74401 07/30/2010 41.00 0.00 501010061 04-030 74401 74401 08/02/2010 42.00 0.50 Page 6 of 26 Freeboard Precipitation Report Date 10118/2010 08/03/2009 to 10/18/2010 Region Eastern Region Division 5010106 Complex Facility Facility Name Lagoon Inspection Date Lagoon Level Precipitation 501010061 04-030 74401 74401 08/05/2010 43.00 0.00 501010061 04-030 74401 74401 08/06/2010 42.00 1.70 501010061 04-030 74401 74401 08/09/2010 42.00 0.00 501010061 04-030 74401 74401 09/10/2010 43.00 0.00 501010061 04-030 74401 74401 08/11/2010 43.00 0.00 501010061 04-030 74401 74401 08/13/2010 44.00 0.00 501010061 04-030 74401 74401 09/16/2010 - 0.30 501010661 04-030 74401 74461 08/17/2010 45.00 0.00 501010061 04-030 74401 74401 08/18/2010 - 0.20 501010061 04-030 74461 74401 09/19/2010 - 1.10 501010061 04-030 74401 74401 08/20/2010 38.00 3.40 501010061 04-030 _74401 14401 08/27/2010 38.00 0-00 501010061 04-030 74401 74401 08/31 /2010 39.00 0.00 501010061 64-030 74401 74401 69%02/2010 39.00 6.00 501010061 04-030 74401 74401 09/03/2010 39.00 0.00 50101006 i 04-036 - 74401 74401 09/07/2010 39.00 6.06 501010061 04-030 74401 74401 09/08/2010 40.00 0.00 501010061 04-030 74401 74401 09/10/2010 43.00 0.00 501010061 04-030 74401 74401 09/13/2010 44.00 0.00 501010061 04-030 74401 74401 09/14/2010 46.00 0.00 501010061 04-030 74401 74401 09/15/2010 49.00 0.00 501010061 04-030 74401 74461 09/16/2010 50.00 0.00 501010061 04-030 74401 74401 09/17/2010 52.00 0.00 501010061 04-030 74401 74401 09/21/2010 53.00 0.00 501010061 04-030 74401 74401 09/22/2010 54.00 0.00 501010061 04-030 74401 74401 09/23/2010 58.00 0.00 501010061 04-030 74401 74401 09/24/2010 60.00 0.00 501010061 04-030 74401 74401 09/27/2010 - 1.40 501010061 04-030 74401 74401 09/28/2010 53.00 1.40 501010061 04-030 74401 74401 09/29/2010 - 0.40 501010061 04-030 74401 74401 09/30/2010 49.00 2.90 501010061 04-030 74401 74401 10/01 /2010 49.00 0.00 501010061 04-030 74401 74401 10/04/2010 50.00 0.00 501010061 04-030 74401 74401 10/06/2010 51.00 0.00 501010061 04-030 74401 74401 10/07/2010 53.00 0.00 501010061 04-030 74401 74401 10/08/2010 53.00 0.00 501010061 04-030 74401 74401 10/09/2010 54.00 0.00 501010061 04-030 74401 74401 10/11/2010 55.00 0.00 501010061 04-030 74401 74401 74401 10/12/2010 10/13/2010 57.00 59.00 i 0.00 0.00 501010061 04-030 74401 1t�rT ' 501010061 04-030 74401 74401 10/15/2010 6 1. 00 ' Uh 0.20 74401 Total 65.80 Page 7 of 26 Page 1 of 1 Mike Cudd From: Mike Cudd Sent: Monday, April 05, 2010 9:40 AM To: 'Revels, Ricky' Cc: David Nordin; Toni King (Toni King@murphybrownllc.com) Subject: Lagoon freeboard back in compliance Foxridge Complex 04-030 Permit # AWSO40030 Current Freeboard levels: 70800 46" 74401 23" 74401 DBL 55" 74401 ISO 66" 74401 ITW 32" 74401TW 31" 74402/3 27" 74402 D 31 " This site is back in compliance. Thanks Mike Cudd LNM Specialist Murphy -Brown LLC 910-217-1836 (cell) 910-276-0648 ex 463 (office) 910-276-2590 (fax) 10/15/2010 march / � Pagel of 2 r L/ r Incident Incident Freeboard Levels Events Related Incidents Detailsl Details2 * Incident Type: �joj-i-Comp€iance Reporting Incident Number: 201 * Category: TAPS Anima€ * Started Date/Time : ' 02106/2010 11:58 m - County :.Anson Farm #: D40 Decimal DD:MM:SS Latitude: Position Accuracy: —Select Vslur --- Longitude:: Position Method: ---Select `-Ja€up--- Position Datum: Select Reporting Person : _ Anonymous _ nG Iv First Name : lii€'ke i Address:. Middle Name:: Last Name Cudd �� City : State/Zip : Phone Cell/Pager * Location of the Incident : It74401 and 744011T`V'-d - - Address: City/State/Zip: tltade horo Cause/Observation of the incident : Directions Action Taken: Comments/Findings : Lks- Surface Water Impacted : ; Yes No 4 Unknown Waterbody : --Soiect Va! i ie--- Waterbody (Other) : Report Received By : Rev6ds, Picr,tt . Phone : tg 01"P! 3-''- };D � ;?f) Date/Time : Water Supply Wells within 1500ft : Groundwater Impacted : Conveyance: -- RO Contact: Rim Phone : (91€ G2/t Date/Time http://bims.enr.state.nc.us:7001 /maintainIncident2.do 9/29/2010 s-,arch Page 2 of 2 Referred Via :.---Sefect Value--- Referred Via: Fa) Specific Causes Severe Natural Condition Vandalism Pump Station Equipment Failure Finish Caneel http://bims.enr.state.nc.us:7001/maintainIncident2.do 9/29/2010 fT !,��A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0 September 17, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John Bizic P.O. Box 759 Rose Hill, North Carolina 28458 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT NCGS 143-215 et seq. & Section 402 of the Clean Water Act Fox Ridge Complex Facility No. 4-30 Anson County Permit No. NCA204030 Dear Mr. Bizic_ Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant to N_ C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit Violation 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. (Permit -No. NCA204030 Section V 3.) On September 10, 2004, the sow lagoon/storage pond level was documented at 16 inches of freeboard_ A level of 19 inches is the maximum level allowed by your permit. Required Corrective Action for Violation 1: Continue to follow the proposed actions outlined in you Plan of Action (POA) dated September 10, 2004 and received in the Fayetteville Regional Office on September 10, 2004. Take all necessary additional steps to insure lagoon levels remain in compliance with Section V 3. of your permit. Violation 2: Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit No. NCA204030 Section III 11 e.) Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has no record of receiving the 24-hour notification. Nn Carolina iurally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.enr.state.nc.us 512 N_ Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal opportunity/Affirmative Action Employer — 5M. Recycled/1 VA Post Constuner Paper IF T? Mr. Bizic September 17, 2004 Page 2 Required Corrective Action for Violation 2: In the future, please notify the Division of Water Quality of the occurrence any reportable events in accordance with your permit. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before September 30, 2004: I _ Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from January 1, 2004 to the present along with a copy of your CAWMP. 2. Please have the OIC for this farm include an explanation as to how this violation occurred. 3. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. 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 $25,000.00 per day per violation. If you do not believe that enforcement is appropriate for this violation, please include a detailed, written justification of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office should receive your response on or before September 30, 2004. Information submitted to this office will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett, Environmental Engineer, or myself at (910) 486-1541 _ Sincerely, *StephBarrn'hardt Regional Aquifer Protection Supervisor SBltab cc: Keith Larick - Compliance Group Stephanie Goglia — Anson County NRCS Trent Allen — SWC, FRO Central Files - Raleigh wAr' Michael F. Easley, Governor 0� ,, G William G. Ross Jr., Secretary `( co y North Carolina Department of Environment and Natural Resources 5 Alan W. Klimek, P.E. Director Division of Water Quality September 4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy Farms, LLC Attn: Mr. John Bizic PO Box 759 Rose Hill, NC 28458 Subject: Notice of Deficiency Inadequate Freeboard Fox Ridge Complex Facility No. 04-30 Anson County Dear John Bizic: Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office is issuing this facility a Notice of Deficiency. Based on your actions to properly operate this facility, the Fayetteville Regional Office has also determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: Mai&ng Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 Stale Courier 052-01-01 An Equal Opportunity / Affirmative Action Employer 50% recycled 110% post -consumer paper http://h2o.enr.state.nc.us V•" �A- Q MER Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Thank you again for your cooperation. if you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at (910) 486-1541. Sincerely, Aa I E. Kawl7s Regional Water Quality Supervisor CC: File 04-30 Non -Discharge Compliance and Enforcement Unit Central Files �F NlA _ Michael F. Easley, Governor C William G. Ross Jr., Secretary co North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy Farms, LLC Attn: Mr. John Bizic PO Box 759 Rose Hill, NC 28458 Subject: Notice of Deficiency Inadequate Freeboard Fox Ridge Complex Facility No. 04-30 Anson County Dear John Bizic: Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office is issuing this facility a Notice of Deficiency. Based on your actions to properly operate this facility, the Fayetteville Regional Office has also determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system_ Customer Service: Waiting Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 State Courier #52-01-01 An Equal Opportunity! Affirmative Action Employer 50% recycled i 10% post -consumer paper http://h2o.enr.state,nc.us �u A iqC DE01" Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 f d F V, Inadequate Freeboard Page 2 Thank you again for your cooperation. if you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at (910) 486-1541. Sincerely, (far-) pa I E. awls Regional Water Quality Supervisor CC: File 04-30 Non -Discharge Compliance and Enforcement Unit Central Files ru ru 13 C3 ., I � �, PriSlagC � j .0 —0 Certified Fve '�s+= C3 © Retum Rareipt Fee I ' / C Nava C3 fEndorsoment Required) f J © co C3 co}gestricfed Delivery Fee (Endorsement Required) ..� C3 C3 r-a Total Postage & Fees LF1 U1 --- rU M Sena To ----- GPI �u�f1 ..A..%1'?� ----------------- ------------------- Sfreai, Apt. No.: � - C3ar Pa Box No. -Q . •_.-.--._... /Ya 1 ■ Complete items 1, 2, and 3. Alto complete item 4 it Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card. to you. ■ Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: MURPHY FARMS ATN JOHN BIZIC PO BOX 759 ROSE HILL NC 28458 P3-0Sr oy-3a 2. Article Number (Transfer from service label) PS Form 3811, March 20.0 A: Rbc*ed by B'.-Date of Delivery (n^ - C. Signature v ❑ Agent X ❑ Addre D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type i Certified Mall 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise © Insured Mail ❑ C.D.D. 4. Restricted Delivery? {Extra Fee} ❑ Yes 7001 25.10, 0000.66;79,:7702; 1 t iit. i -t 102545-01-M-1424 A� [17A NCDENR North Carolina Department of Environment and Natural Resources Michael 1=, Easley, Governor March 19, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy Farms, LLC Ann. Mr. John Bizic PO Box 759 Rose Hill, NC 28458 SUBJECT: NOTICE OF VIOLATION Fox Ridge Complex Facility No. 04-30 Permit No. AWSO40030 Anson County Dear Mr. Bizic: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D, Acting Director Division of Water Quality 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 February 26, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine inspection of the Fox Ridge Complex in Anson County. This inspection revealed that irrigation records were being maintained using total field acres rather than wetted acres for each pull (or pivot). The IRR-2 form for Field #2 was calculated using the total field of 80.82 acres. The irrigation layout for this field shows one center pivot that covers approximately 55 acres and several traveling gun pulls. No iRR-1 form for Field #2 was available for review. This is in violation of the CAWMP and therefore a violation of the General Permit as stated in Condition 1.2 of the permit. These items have been addressed in two previous notices (NOD dated February 25, 1999 and NOV dated April 11, 2000) and previous inspections and reviews conducted by the Division of Water Quality and the Division of Soil and Water. The Division of Water Quality requests that the following item(s) be addressed: 1. Submit corrected IRR-I and IRR-2 forms for Field #2 using wetted acres for the past two growing seasons (`01-02 overseed and '01 coastal bermuda noting any records lost during the farm fire)- ?. Submit wetted acre determination documentation including worksheets and maps for the entire facility. 3. Submit the newest WUP that includes field acres or pull acres that match the wetted acre determination. 4. Immediately begin maintaining irrigation records by pull and by acreage under the center pivot. 225 GREEN STREET - SUITE 714 I SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENR.S-I'A'EE.NC'.11SlFNR/ AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EiLIPLOYER - 500/0 RECYCLED110% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Bizic 3-19-02 Page 2 Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. 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 $25,000.00 per day per violation. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality will have no choice but to recommend an enforcement action to the Director of the Division of Water Quality should another instance of improper record keeping occur in the future. Please provide this office with a written response on or before April 2, 2002 as to the actions taken or proposed to be taken to avoid these situations in the future. If you have any questions concerning this matter, please do not hesitate to contact Paul Sherman, Environmental Engineer, or myself at (910) 486-1541. Sin f mps/PR Paul E. Rawls Regional Water Quality Supervisor Cc: DWQ Raleigh -Compliance Unit Trent Allen-DSWC Fayetteville Office Tansel Hudson -Anson Co. NRCS Central Files -Raleigh Tl Animal Notice of Violation List Farm Number Farm Name Owner Region County Letter Date Su_ _ biect Integrator Noted Problems 4 30 Fox Ridge Complex Murphy Farms FRO Anson Feb 16, 1998 Notice of Deficiency Murphy Family Farms inadequate freeboa' was originally enter_eo 4-25 and 4-29 4 30 Fox Ridge Complex Murphy Farms FRO Anson Mar 2, 1998 Notice of Deficiency Murphy Family Farms insufficient freeboard. was originally entered 4-6 4 30 fox Ridge Complex Murphy Farms FRO Anson `Feb'Z5, 1999;; of Deficiency 4'� MurphyYFatiily Farms 21181991nspection w. -,.. ,Notice ._..- .�,...�a_._...��,.._,._, ....-���irrlgation records heir: `IIRR=:1:.forn � .Pumping markers not 4 30 Fox Ridge Complex Murphy Farms FRO Anson Apr,.11; 2000 "} ;NNotice of Violation ,°; ,` Murphy Familyti FarmS6�4/6/00'ihspectlon, .,.. -waste from center pit onto adjoining Murph± %pooeIrrigation fecorc t 4 30 Fox Ridge Complex Murphy Farms FRO Anson Oct 26, 2000 Notice of Violation Murphy Family Farms 1013100 FRO staff wer( rapture of an undergri Wastewater did not re MURPHY F AM I L Y F A R M S October 31, 2000 NCDENR - Division of Water Quality 225 Green Street Fayetteville, NC 28301 Subject: Notice of Violation at Fox Ridge Facility Number 04-30 Dear Mr. Rawls: RECEIVED NOV 0 6 2000 In response to your October 26, 2000 letter issuing a NOV, please refer back to my October 6, 2000 letter(attached) to Mr. Hasty of your staff. We would describe the underground pipe leak as non -preventable, having no actual impact to surface waters, hard to detect, and repaired immediately. Based on the facts, we ask you to consider classifying this event as a Notice of Deficiency. If you have any questions or concerns please contact John Bizic or OIC Mark Spearman at 910-289-2111. Sincerely, 6 U ;ohn :Bizic" Land and Nutrient Manager Cc: Garth Boyd, Mark Spearman, Mike Wyant Post, Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 A. I r..�.� NWNR = y }a. •1 AM£S-B.` HUNT JR...-" �-',GGVERNOR - - a "BILL HOLMAN °~SECRETARY ti sr�IRECTOR 1 ,�P�r riffs 4 +y ,J w^ « NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE October 26, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John Bizic Murphy Family Farms P.O. Box 759 Rose Hill, NC 28458 SUBJECT: NOTICE OF VIOLATION Permit No. AWS 040030 Fox Ridge Farm Facility No. 04 - 30 Anson County Dear Mr. Bizic: 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 October 3, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality were notified by Murphy Farms that a discharge of wastewater had occurred from a spray field on the Fox Ridge Farm in Anson County. The inspection by Mr. John Bizic (Murphy Farms), confirmed that the facility was irrigating in the waste application field when an apparent rupture of an irrigation pipe underground resulted in wastewater running into a waterway and ultimately into a ditch off the property. The investigation confirmed that the wastewater did not enter waters of the state. It was then reported to the Division of Water Quality by John Bizic an employee of Murphy Farms that the waste was pumped back into the waste application field. The Division of Water Quality requests that the following items be addressed: A more detailed and thorough inspection of the irrigation system along with spray field conditions needs to be carried out on a routine basis before and during an irrigation event to prevent the future release of wastewater. 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 26301-5043 PHONE RIO-496-1541 FA% 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE13/10% POST -CONSUMER PAPER l , .A Page 2 Fox Ridge Farm October 26, 2000 2. Immediately evaluate and determine what corrective actions can be implemented to prevent wastewater from entering the ditch in the future. Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual non -discharge permit for the facility. 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 $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Robert Heath, Environmental Specialist or myself at (910) 486-1541. Sin erely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Anson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 11, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dr. Garth Boyd , Murphy Family Farms P. O. Box 759 Rose Hill, NC 28458 Subject: Notice of Violation . . Administrative Code 15A NCAC 2H .0217 Fox Ridge Complex Facility No. 04-30 Permit No. AWSO40030 Anson County Dear Dr. Boyd: You are hereby notified that, having been deemed 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 April 6, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Fox Ridge Complex in Anson, County. The inspection revealed that waste from the center pivot had gotten into the waterway and had flowed through a culvert and onto the adjoining land not owned by Murphy Family Farms. The inspection also . revealed that irrigation records were being kept by field before the entire field had been covered. The records must be kept by acreage in each pull or by field, once the whole field has been covered, to accurately reflect the amount of nitrogen applied. This has been noted in previous inspections and reviews conducted by The Division of Water Quality and The Division of Soil and Water. The Division of Water Quality requests that the following item(s) be addressed: 1. Monitor more closely the center pivot during application events to ensure that waste does not enter the water way and exit the property. moma.s GROUNDWATER SECTIDN 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE: 910-486-1541 FAX: 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Dr. Boyd 4-11-00 Page 2 2. Begin to record nitrogen applications by pull and routine acreage or cover the entire field before dividing by the field acreage. Failure to comply with the above condition(s) may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. 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 April 28, 2000 regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486- 1541 Sincerely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Tansel Hudson - Anson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh } NC®ENR.. k � I ks x��sy"f 9 � ya , JAMEB B. HUNT.O.r : �I A 1 GOVERNOR rf -. 'A)rL;, ' GSot •WA1f1JEMCDEVRTky��� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETrEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 25, 1999 CERIEMD MAEL RETURN RECEIPTRECEILPT REOLIESTED Dr. Garth Boyd Murphy Family Farms P.O. Box 759 Rose Hill, NC 28458 SUBJECT: NOTICE OF DEFICIENCY Fox Ridge Swine Farm Registration No.04-30 Anson County Dear Dr. Boyd: On February 18, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Fox Ridge swine facility. It was observed that the method of irrigation record keeping by field was determined to be inadequate for the facility in accordance with the Sixth Guidance Memo ( Revision Two) Item No. 6.3, dated August 25, 1998. In addition, the lagoon pumping markers are not properly designed in accordance with the Sixth Guidance Memo Item No. 3.11 and your General Permit No. ANSO40030 (section III, item 2) issued June 23, 1997. The Division request that the following items be addressed: 1. Immediately begin maintaining irrigation records by pull (travelers) and by the acreage under the center pivot. The current records are being maintained by field on a IRR-2 form without the required IRR-Iform to identify the actual location in the field. This is unacceptable since as noted on the inspection form (attached) field 4 2 consist of 85 acres with two (2) irrigation types (center pivot and travelers) with two application rates. All other fields at this facility may be kept by field on an IRR-2 form in conjunction with an IRR-1 form that identifies the location/hydrant pumped. After the completion of all hydrants in the field then one (1) entry should be made on the IRR-2 form for that field with the total waste applied in that cycle. 225 GREEN STREETt SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-466.1541 FA% 910-486-0707 AN EQUAL OPPORTUNITY/ A FFI R MATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Dr. Boyd Page 2 February 25, 1999 2. Replace or modify the existing lagoon markers to comply with the General Permit condition (section III, item 2) to identify the minimum and maximum elevations. 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. 1541. If you have any questions concerning this matter, please call Robert Heath at (914) 486- Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Robert Horton - Anson Co. NRCS attachment ► © Division of Soil and Water Conservation - Operation Review':-.-- [3 Division of Soil and Water Conservation - Compliance Inspection ® Division of Water Quality - Compliance Inspection 'T 13 Other Agency - Operation Review. 10 Routine 0 Comphlint 0 Follo- ,ram of DNVQ inspection �0 Follow-up of [)S%%-C review 0 Other .�.._.._.�_,._.., . �.�._.,...__._.�._._.__-. ._..._..._ __..».....-__... E),,le of Inspection 1211 Facility Number O Time of Inspection O : e4 24 hr. (hh:mm) ® Permitted j] Certified [] Conditionally Certified 0 Registered [3 Not n erational Date Last Operated: -...F. xf.rr! ` o ��� FarmName: .. . • ..»..»»..... ........ _.... �_..._.._........—.» .--•--•--_»..».... .P...,.._ .,. L...............1�'�......?�t.�....._.........._......».».._... County• Owner Name:... Phone A'o:......�..'.%..`��1.......... _.....». Facility Contact:-.,•,%r� �} JAB r Trile. Phone No: _...fit .............._ .....».»»._. - ....._._... Mailinh Address: ......... R :...: �sl. I1/% .......'Z.....................__ ..»... »........... ....... .. ........».»...»_.�» � Onsite Representative ....... 4,_C1.... Q �r,� - Intevrator• 4 ' R .f ........... ...... .........................._..-....».»..._.. n _._. ......- ._.. Certified Operator:....... ... » ........ .... .!.!`�'`ti!fti�.»..- ........ _.......... ..... Operator Certification Number:.---........_ ._._.. Location of Farm: ........ .�......1 !.7....................».........................»...................»........_............................... Latitude 0' .6 Longitude C�0 ' C�44 Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ,51 Wean to Feeder ❑ Layer ❑ Dairy Feeder to Finish I[] Non -Layer 10 Non -Dairy Farrow to Wean ❑ Farrow to Feeder ❑Other -71 ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Number of Lagoons t 7 Subsurface Drains Present ❑ Lagoon Are -a JE1Spray Field Area Holding Ponds /Solid Traps 1E1 No Liquid Waste 11anaement System Discharges d Stream Impacts 1. Is any discharge observed from an), part of the operation (If yes, notify DWQ)? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? h. If discharge is observed. did it reach: ❑ Surface Waters ❑ Waters of the State c. If discharge is observed_ what is the estimated flow in gal/min? d. l7ncs discharge bypass a lagoon system? 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts to the waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Identifier: $r'a'="{iCs+�4 L,S'� ZS� �� pp // Freeboard(inches) .............................................»............................D.Y............... ❑ Yes tKNo ❑ Yes N No ❑ Yes ANo ❑ Yes KNo ❑ Yes N No ❑ Yes V[No ❑ Yes *NO Structure 4L Structure 5 Structu/refi W"zee LL 1/6/99 Continued on back Facility Number: Off ?0 Date of Imspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental (hreat, notify DWQ) 7- Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes XNo ❑ Yes ))I No []Yes XNo ❑ Yes R No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes XNo 11. Is there evidence of over application? ❑ Ponding ❑ Nitrogen []Yes ;(No 12. Crop type ................................. 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes tKNo 14. Does the facility lack wettable acreage for land application? (footprint) IKYcs �QNo 15. Does the receiving crop need improvement? []Yes jX] No 16. Is there a lack of adequate waste application equipment? ❑ Yes ANo Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ONo 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes Wo 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports){ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes &No 21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes XNo 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ANo 23. Did Revicwer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ex No 24. Does facility require a follow-up visit by same agency? ❑ Yes gNo 0' hio.�'ialations tir. defeiezic�es . ►:ere noted dtiritt tfiis.sisit:. 7'titi �+i�I.ret:etve no further corresoridente:about:tttis visi><.: ... Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary):. 17 izr IA joy., ccf da ..'ri l e.e- rui /ef ti �7. a��� i¢t�E_l W�, i/✓ o.+/l �'e�/�T/y ,� t/`'t � /! l./.+t /�,�it �yC a��iM-. /�%F ".rlw bt ...��f ,P`2 F.cR��. �GC.�:�fr� � �?F_ c���.r ,�2/_-,� t� i.�a ;• f1,.�f.t�ii�'f 1� -i fiE�.. � ^! /� 2/�!�-�}.�C � Reviewer/Inspector Name %Z f- Reviewer/Inspector Signature: /J����/}� Date: 2 11/6/99 AWA NCDENRk: �~ GOVERNOR � 11O _ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 20, 1998 Dr. Garth Boyd P. O. Box 759 Rose Hill, NC 28458 Subject: Fox Ridge Farm -Over application of Waste Dear Dr. Boyd. We have reviewed the information received from Murphy Family Farms concerning the Over application of swine waste at the Fox Ridge Farm Complex. It is the determination of this office that the Over application was a result of the El Nino induced weather conditions in North Carolina during the period reviewed. If you have any further questions regarding this matter, please do not hesitate to call myself or John Hasty at (910) 486-1541, Si ZE. , Paulwls Regional Water Quality Supervisor 225 GREEN STREET, SUITE 714, FAYETrEVILLE, NORTH CAR OLINA 28301-5043 PHONE 910-486-1541 FAX OI O-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER F A M I L Y F A R M S October 16, 1998 Mr. Stephen A. Barnhardt NCDENR - Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Barnhardt: �vto-A Afa-5 11\rCty`�t\y . E PNI 0C+ 2 0 1998 REG. Cal-FiC`= In response to your recent letter on September 21, 1998, I have provided below an evaluation of the reasons for the excess nitrogen and a strategy to prevent future problems at the Fox Ridge Complex. In January, I was given the responsibility of quickly working with the OIC and complex manager to reduce freeboard levels to prevent possible discharges and lagoon failures. The Fox Ridge Complex experienced excessive amounts of rainfall due to El Nino from January through September 1998 (62.12 inches). They experienced chronic rainfall with a few rainfall events approaching the 24 hr./25 yr. storm events. I have listed an analogy of the severity below. Impact of El Nino on Hog Farm Nitrogen Budgets in Southern Coastal Plains * (Fox Ridge) Normal El Nino Rainfall Rainfall 1991-1997 avg..) Difference Jan. `98 11.13 4.86 6.27 Feb. `98 10.00 2.80 7.20 Mar. `98 9.00 4.47 4.53 18.00" above normal * National Weather Service Data Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 Impact of El Nino on Hog Farm Nitrogen Budgets in Southern Coastal Plains (Based on For Ridge Saw Farm) 10 surface Acres x 27,154gals./Acre x 18.00" rainfall = 4,887,720 EXTRA 4,887,720 gals. x 1.7 lbs. PAN/1000 gals. = 8,3091bs. PAN I501bs./Acre = 166.2 more Acres of Rye needed \2301bs./Acre = 36.1 more Acres of Coastal needed The inadequate freeboard levels in both the sow farm and finisher lagoons presented us with two scenarios. One, allow the lagoons to fail or two, bring the levels down through irrigation. Due to the soil type, slope of the fields, waterways and ditches, we were limited to a handful of routines in which we could irrigate with little to no runoff. This restriction is the reason for the over application amounts seen in the field IIR-2's. All irrigation events were constantly monitored which resulted in zero discharges. All water was contained within the farm. We were able to manage the excess nitrogen through hay removal. The CAWMP was written for 4 tons/acre removal. From March through September 20th, we removed a total of 1,225 bales of hay. This calculates to 4.59 tons/acre. We are anticipating another 500 bales to be removed which brings our total tonnage per acre to 6.46. This constitutes 323 lbs. of nitrogen per acre has or will be removed. In fields #6 and #7 alone, we removed 300 bales or 4.86 tons/acre as of Sept. 20th. We project an additional 100 bales to be removed bringing our total removal to 6.48 tonstacre or 324 lbs. of nitrogen per acre. Audrey Oxendine pointed out that a few pulls needed to be added to our WUP which we did. I have included the updated CAWMP along with this letter. All lagoons at the Fox Ridge Complex are sized for 180 days storage. There is a copy of each lagoon design in the file box at the farm. Our technical specialist has determined the current sludge accumulation in the lagoons to be zero. I have provided rainfall records since January as well as the sow farm and finisher lagoon freeboards. Freeboard data was not maintained before January because the farm was not required to do so. As you can see from the graphs, the chronic rainfall events consistently lowered the freeboard levels. Only through irrigation were we able to keep up with the rain. The rainfall data does not take into account any freshwater usage by the farms. The Fox Ridge Complex CAWMP requires 150 acres of actively growing crop for irrigation. We currently have 168 acres in our cropping system. The cropping system consists of 100 acres of coastal Bermuda with rye grass overseed, 50 acres of fescue and 18 acres of soybean/wheat rotation. Our spraying schedule as established in the CAWMP is as follows: Coastal Bermuda = March through September; Fescue = February through June and September throw November; Soybeans = June through August; Wheat = September through April and Rye Grass = September through April. We have taken or have scheduled specific actions to prevent future problems with excess nitrogen. In January, we installed berms along and in the spray fields to contain and stop any runoff from leaving our property. Another reel was delivered to the complex to allow a greater volume of effluent to be irrigated over a larger area. The emergency spillway was partially filled in March to give us more freeboard. This action more accurately reflects the correct freeboard due to the settling of the dike. Digital flow meters and trough dams have been installed in the farms to reduce water usage. Additional pulls are scheduled to be installed to allow more flexibility during crisis times. The low spots on the sow farm and finisher lagoon are scheduled to be built up. This to is being done because of the dike settling. Our engineering department has calculated an increase in current freeboard at the sow farm, once this work is completed, of 13.6 inches and 9.8 inches at the finisher. We did not do this in the spring because putting heavy equipment on the dikes during periods of low freeboards_ If we were able to have done this back in January, our freeboard levels would never have fallen below 19". We feel like tough times due to mother nature have hit us during the past year, but yet it has given us an opportunity to correct unforeseen problems. We have learned from this year and feel our actions taken and proposed will keep us out of the red and into more worry free days. If you have any further questions or comments, please call me at (910) 289 - 6439 Ext. 4520. Sincerely, Andy Adams Land & Nutrient Management cc: Dr. Garth Boyd Kraig Westerbeek P.J. Corns NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY September 21, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dr. Garth Boyd Murphy Family Farms P.O. Box 759 Rose Hill, NC 28458 Subject: Request for Information Excess Nitrogen Fox Ridge Complex Facility No. 04-30 Anson County Dear Dr. Boyd: On August 5, 1998, John Hasty of our staff visited your swine facility and determined from your records that nitrogen production is in excess of the levels that can be adequately managed by the sites and crops identified in your Certified Animal Waste Management Plan- At the time of the inspection, referred by the Division of Soil and Water, the irrigation records for field numbers 1, 4, 12, and 14 showed an excess of nitrogen application to the receiving crop. The lack of an adequate cropping system is in non-compliance with the facility's Certificate of Coverage issued on June 26, 1998. This non- compliance is subject to an appropriate enforcement action by the Division of Water Quality. This action can consist of one or more of the following: a Notice of Deficiency (NOD); a Notice of Violation (NOV); a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual non -discharge permit. The action chosen will be based on a complete evaluation of all factors that resulted in the violation; the actions taken to correct the problem; and the actions being proposed to prevent the problem from recurring. To assist us in our review, please provide this office with an evaluation of the reasons for the excess nitrogen and a strategy to prevent future problems. This evaluation and strategy must include but is not limited to the following: 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-8043 PHONE D10-486-1641 FA% 010-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER Dr. Boyd 9-21-99 Page 2 A summary of actions taken to manage the excess nitrogen A summary of any needed modifications to the CAWW A complete waste treatment evaluation Copies of all available waste analyses for the facility Copies of all sons' analyses for the application sites Copies of all plant tissue analyses for the facility A review of the adequacy of the lagoon(s) treatment and storage capacity Current sludge accumulation in the lagoon(s) Waste levels in the lagoon(s) for the previous 12 months Acres needed for waste application as specified in the CAWNT Available acreage identified in the CAWW Acres needed for waste application based on current nitrogen projections Spraying schedules as established in the CAWMP Spraying records for the past 12 months Cropping system specified in the CAWMP Cropping system previously and currently in use if different from the CAWW Rainfall records (if available) Specific actions taken or proposed to be taken by the owner/producer to prevent future problems with excess nitrogen Dr. Boyd 9-21-98 Page 3 All information must be received by this office no later than 3Q.days following receipt of this letter. Once this information is received and evaluated by the DWQ staff a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified and efforts proposed to prevent future problems wdl be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact John C. Hasty, Jr. of our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely Steppe A. Barnhardt Acting Regional Supervisor cc: Non -Discharge Compliance/Enforcement Unit Central Files NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 30, 1998 Dr. Garth Boyd Murphy Family Farms R.O. 759 Rose Hill, NC 28458 SUBJECT: Operation Review Notice of Referral Fox Ridge Complex Facility No.4-30 Anson County Dear Dr. Boyd, FAYETTEVILLE REGIONAL OFFICE RECEIVED AUG 10 1998 FAYETTEVILLE REG. OFFICE On July 28, an Operation Review was conducted of Fox Ridge Complex, facility no. 04-30. This Review, undertaken in accordance with G.S. 143-215.10D, is one of two visits scheduled for all registered livestock operations during the 1998 calendar year. The Division of Water Quality will conduct a second site inspection. During the Review, irrigation records indicated overapplication of nutrients, different crops than those specified in the waste management plan, and additional pulls which are not included in the waste utilization plan. Your operation and the supporting documentation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify Division of Water Quality and the ownerloperator of this observed violation. As discussed during the Review, it is imperative that the pulls which have been overapplied are excluded from application for the rest of the year. You are strongly encouraged to contact your certified technical specialist for help. You may also want to contact your local Soil and Water Conservation District Office since they may be able to provide you with additional technical and/or financial assistance to implement corrective best management practices. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 910/486-1541 if you have any questions, concerns or need additional information. Sincerely, 4 G, Audrey Oxendine Environmental Engineer cc: Anson Soil and Water Conservation District Jeffery Brown, DWQ Environmental Engineer DSWC Regional Files 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA z830i-5043 PHON$ 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POsT-CONS UMER PAPER 'DtQston of Soii and Water Conserahon Operation Review;4 } 5L �� ...�+-- _.._ - ems- Dtvts�an of Sol[ arc€ Water Conservation Compliance I ispection 3 u E _ Division of Water Quahty_'Compliance.Inspeclon "� - �_ _ s _ _ - tlier.>Agency Operation -Review- �• �. _. _^ - -- Routine O Cam laint Q Follow-up of DW ins ection OFollow-tie of DSWC review 0 Other Facility Number 04 30 Date of Inspection 7-28-98 Time of Inspection 10:30 24 hr. (hh:mm) Registered ® Certified [3 Applied for Permit ® Permitted 113 Not Operational Date Last Operated: Farm Name:'Fair .Ridge .CgMnJeac............. County: Anson ............. .-------- FRO .............................................. Owner Name:. ................................................... Marp-hy..kanailX.f.arm............. ......... Facilitv Contact:.............................................................................. Title: .......................... flailingAddress: Rt..Z.H.oj.2.7.:i......................................................... ....... .................... ...... Onsite Representative: RQ12 Y.1h omai................... erator:Rob �C.. 'ertified O P y........................... ._..... ThtQxnas4 ............................................ Location of Farm: Phone No: ZO4-z89-21 J)1................................ Phone No:. ................... Wadwihox.Q.. C................................................... 2.8.1.79 .............. Integrator: ';V.hurAha.F.amilyE.;tirum........................................ Operator Certification Number:1.756.4............................. Latitude 35 ' 08.7111. Longitude 80 • 08 = 0 t Swine Design Current Design Current Design Current Capacity Population Poultry Capacity Population Cattle Capacity Population ?000 El Layer ❑ Dair 33b0 ❑ Nan -Laver ❑ Non -Dairy ® Wean to Feeder ® Feeder to Finish Farrow to Wean 3600 Ll Farrow to Feederm Farrow to is 29 (jilts 100 oars 50 ❑ Other Total Design Capacity 9,110 Total SSLW 2,107,400 419 Numb_ e f Lagoons Holding Ponds 8 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray- Fie Erie ❑ No Liquid Waste Management System buffers that need maintenance/improvement? 0�. e bserved from any part of the operation? Discharge originated at: El Lagoon El Spray Field ❑ Other a -If discharge is obsen-ed, was the conveyance man-made`? b. If discharge is observed, did it reach Surface Water? (If yes, notifyD���Q) C. If discharge is observed, what is the estimated flow in gal/min? d. Does dischame bypass a lagoon system? (If yes. notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 El Yes ®No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No Continued on back f+'acgity N ber: ~� 04-30 Date of Inspection 7-28-98� .n....-... F aT_. l- 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ i Structures (Lagoons.Holding Ponds Flush Pits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier:a..............zt�rS�xyl.£ir�ishez.........bAar.is�l...................€i�t.tsR)~......... g>)t.�sa�,......... dot....._...... Freeboard(ft):.............. 45.................. ...............2.................. .............. 42............... ................2.................. ..............45.'.'_.............. .............. 30.................. 10. Is seepage observed from any of the structures? Is erosion, or any other threats to the integrity of any of the structures observed? 12, Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? 4 � a' s_te Application,- 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ...... Co.& ta1.&zmuda..Qwa.......................... ...Ecacl e....................... n................................. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ® Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ® No 18. Does the receiving crop need improvement? ❑ Yes ®No 19. Is there a lack of available waste application equipment? ❑ Yes ® No 20. Does facility require a follow-up visit by same agency? Yes ® No 21, Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ®No 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? Were any additional problems noted which cause noncompliance of the Certified AWMP? Were any additional problems noted which cause noncompliance of the Permit? Comments {refer to;gtaestion # Explain afi:YES answers and/or any recommendations or any other comments: _ N use drawings of facility to better explain situations: (use additional pages as necessary) ° ' { 14. Pulls in fescue were in excess of WUP. Some pulls over by 100-2001bs of N. Operator believes this is due to extremely wet winter. Also, irrigation events applied more than 1" or 2" per cycle in some applications. Consult w/ an irigation specialist to find maximum application amount per cycle. 16. Matua grass is planted in planted in part of fescue field. Need to add to WUP. Also need to add fields/pulls in front of office (2 pulls fescue), at isolation barns (soybeans), and boar stud barns (fescue). Records did not use correct PAN rate for calculating Irr-2, Sow lagoon in April shows over 2 lb/1000 gals, records for that th show 1.5 lb/1000 gal. Make sure to use correct waste analysis. Truck Wash In 30" / Truch Wash Out 25" WAYNIK MICDEVIIT ° r SECRETARY �::_, •; '�, �; ;.t �' r., NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 2, 1998 CERTIFIED MAIL RETURN .RECEIPT REQUESTED Mr. Wendell Murphy P. O. Box 759 Rose Hill, NC 28458 Subject: ]Notice of Deficiency Administrative Code 15A NCAC 2H .0217 Fox Ridge Farm Facility No. 04-06 Anson County Dear Mr. Murphy: You are hereby notified that, having been deemed 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 January 30, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of your farm located on SR 1621 in Anson County. The inspection revealed that the freeboard level was only ten inches, which is not within the nineteen inch required minimum level for animal waste treatment lagoons. The Division of Water Quality requests that the following item(s) be addressed: 1. Lower the level of the lagoon to the required level of 19", weather permitting. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910.486-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I O% POST -CONSUMER PAPER Mr. Murphy 3-2-98 Page 2 Failure to comply with the above conditions may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. 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 notify this office by phone when the freeboard level is again at the required nineteen inches. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 485-1541 Sincerely, fJketrrStevens Regional Supervisor KTS:JHIJohn C. Hasty, Jr. cc: Sue Homewood - Compliance Group Robert Horton - Anson Co. NRCS Audrey Oxendine - DS WC Fayetteville Office Central Files - Raleigh MURPHV FAMILY FARMS, INC. Fox Ridge Complex Route 29 Box 274 (Plank Road) Wadesboro, NC 28170 Facsimile Cover Sheet - 9lo -- '81 - 1-0-70�z Number of pages including this cover sheet � . if any pages are incomplete or missing, please call (704) 826-6320. T9"d OZri99Z81192-T EOQI2iXOd Wd V6= TT 86-c.8-avW 1 FOXRIDGE FINISHER PUMPING RECORD (ATTN. JOHN HASTY) ATE TOTAL GALLONS PUMPED TOTAL HRS. 2/24/97 76,960 7 2/25/97- 54,900 5 2/26/97 21,960 2 6/9/97 54,900 5 6/9/97 151,200 5 6/10/97 54,900 5 6/10/97 151,200 5 6/11197 : 120,960 6 6/23/97 43,920 4 8/18/97 144,000 3 8/21/97 144,000 3 8/26/97 • 144,000 3 10/12/97 144,000 3 10/29/97 144,000 3 1 /21 /99 53,520 4 1 /21 /98 192,000 4 1/22/98 53,520 4 1/22/98 84,000 8 1/23/98 63,000 6 2/7/98 76,860 7 2/8/98 76,860 7 2/14198 53,520 4 2/ I4/99 82,350 6,5 2/14/99 43,485 3.5 2/15/98 53,520 4 2/15/98 49,410 4.5 2/15/99 ' 15,120 .5 2/19/99 37,900 1.25 2/20/99 35,280 1.20 2/20/99 25,200 1 2/21/98 40,140 3 2121/98 16,470 1.5 Zo'd 0Z£99Z8tl0LT 30QINX03 Wd b0:TT 86-Zo-aow State of North Carolina Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-1541 Dear Mr. Hasty: In response to your request regarding the Notice of Deficiency issued at Facility Nos. 04- 25 & 04-29, 1 have listed our concerns and corrective actions below. Due to the above average amounts of rainfall this winter, the lagoons at this farm have experienced freeboard levels below 19". This has caused concern for the farm staff and MFF. The concern stems from wanting to maintain freeboard levels > 19", but due to the clay soil type and slopes of the spray fields the farm staff is greatly limited on their window for proper irrigation application. This combination creates saturated soils which do not dry quick enough between rains and the possibility for runoff. With these factors in mind, we have implemented various BMPs to insure proper application of effluent. These BMPs are listed below: 1. Installation of berms to contain any possible runoff on the field. 2. Delivered another reel to the complex. 3. Increased monitoring of the reels while irrigating (visual inspection every 30 minutes) 4. Installation of reducers and electronic times to cut down on farm water usage. 5. Daily water usage monitoring of each site. We feel that these added steps will put us on track toward adequately maintaining freeboard levels > 19" . Again, our honest intentions and actions will remain governed by rainfall and weather. If you have any questions regarding this matter, please contact Andy Adams at (910) 289- 2111. Sincerely, Andy Adams Land & Nutrient Manager Murphy Family Farms ..1114 1 State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary Ms. Audra Staggs Route 2, Box 274 Wadesboro, NC 28170 Dear Ms. Staggs: E3EF.HMF;Z DMSION OF WATER QUALITY March 31, 1997 SUBJECT: Annual Compliance Inspection Fox Ridge Farm (All) Registration No. 04-30, 29, 27, 26, 25, 06 Anson County On March 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the subject swine facility. Please find enclosed a copy of our Compliance Inspection Report for your information. It is the opinion of this office based on the information provided and observations made during the inspection that the facility was in compliance with 15A NCAC 2H, Part.0217 at the time of the inspection. Please refer to the comments section on the rear of the inspection form for information regarding your facility. Please be aware that all swine facilities with a liquid waste collection system designed for a minimum of 250 hogs must have a certified waste management plan on or before December 31, 1997. The district NRCS office, Agriculture Extension office, or the Division of Soil and Water have specialist available to assist you with upgrading of existing facilities and certification. If You have any questions concerning this matter, please call John Hasty at (910) 486- 1541. cc: Operations Branch Central Files Audry Oxendine - FRO DSW Robert Horton - Anson Co. NRCS Sincerely, c ohn C. Hasty, Jr. Environmental Specialist Wachovia Building, Suite 714. Fayettevlile . FAX 910-486.0707 North Carolina 28301-5043 Ni C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Farm Stato LE-f-4*1-C-ICA Farm Name: n X K i o e Shccrt� - - cmmty: iur ��r Owarr Names . ut' pka ram. f Phone No: (7a `�� � Z6 — 24d-1- ,..�_. Mailing Address: , Z Sa Z q W aJ es 6 ro , KC- Z$ J 7 O onsite iRspresentati, fL4dC4 aQ c ca ww pper2tor. 4 L L r a S'-g S s operator caffilatim Number: . L G e g/ Location of Farm: Latitude Longitude 10 Not Operational Date Lest Operated: Type or Operation and Design Capacity f 5 v a.-;+—►i S g4i: swin! srY� i «:b J1�IIIbQ"? �Oli�tiyRr i :Om�lr rit! -%'gIIl caws' Wean to FeederDairy Feeder to Finish ::IQ Non -Layer. 03 Bad Farrow to Wean Farmw to Finish Other Type of Lvestock r '+.i`°,!?ls.. a ��;_ "'�. ....d&;?!,,'�::-� -�, ..i�-ei,:,..3,v ��"`�.'�w �.�"'Z'x'"�""+�•��E „max.-' �lxr � sww+q ..cam- '.+r�r �t ,`� R✓--'�' -'� - „�`—.� =;Ni.j,M of Lagoons "/ Holding Ponds z Subsurface Drain: Present ; o ' t s WN7 Z.�.�, Lagoon Area.: Spray Field Ara 1. Are &n any h err that need maintenanorl� 2 Is day discharge observed Earn any part ofthe opaatkm? a. If discharge is observed, was the caaveym= manmade? b. If discharge is observed. did it reach Surface Water? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gaUmin? d. Does discharge bypass a lagoon system? (If yes. notify DWQ) 3. Is there evidence ofpast discharge 6= any part of the ope xdm? 4. Was there any adverse imparts to the waters of the State other than from a discharge? S. Doe: any part of the waste management system (other thaw lagoonsUlding ponds) r t quire tnaiatienanoeimdptovement? Q Yes %(No E3 Yes JgNo El Yes A No ❑ Yes qNo 13 Yea gNo Yes ANo 13yes 10No p Yes PNo 6. Is fialy not in eamdplianoe with my nppliaable shack cite da? - 7. Did the &:Mtp fiD so have a catifid operator in req== t dmv (Ifingecam aft 1/1/97)? L Are them 1ngoons or storage ponds on site which teed to be psapa4y ck dd? Ltj:L s (L*122ns and/orjjqMIp&'PgRffl 9. Is smicarral £eaboard lass than adequate? Fmeboord 04- 1 fmz= 2 Isgoaa 3 10. Is seepage obscured from nay of the s4? 11. Is aaaion. or any other threats to she integrity of any of the svucwm obse raV 12. Do any of the aes need (If any of questions 9-12 was answered yes, and the situation poses an immediate public bealth or environmental threat, mWy DWG 13. Do any of the strucum lack adquate mwkmr to idratifj► start and stop pumping levels? Waste Agglleation 14. Is there physical evidence of over application? .(if in excess of WMP, or runoff entaing warners of the State, notify DWQ) 25. Ckop type 16. Do the active crops WE= with those designated in the Animal Waste Managemat PLa7 17. 'Does the fscMty have a bek ofadumm acreage for lend ? IS. Does tht cower crop need inquvveftent? 19. Ia there a lack ofavailable irrigation egWpmem? Eor Certified Facilities Oyfy - 20. Does the faces► fafl to have a Dopy of the Animal Waste Managed Plan readily available? 21. Does dw facility fa0 to comply with the Animal Waste Management Plan in ny way? 22. Does record kegu g nerd imp uvement7 23. Does facility erg = a follow-up visit by same agency? 24. Did Reviesver/InVeetor fail to discuss reviewfinspecdi - with owner or operator in charge? D Yes C(Nn D Yes gNo 13 Yes NNo D Yea P'No IaPoa 4 D Yes P(No Oyu qNo 3 Yea J0 No ❑ Yea )ONo j' Yes 0 No- 13 Yes ONO D Yes ANo D Yes XNo' D Yes XNo © Yes No C) YeaINo No Yeallo D Yes 13 Yes AN6 ants., (refer to.-qutstian:#) Explain arry YES Onsw agdloraiiy,Tticommedshans of aaq othr�' snfs.` y .t.� Use'mawmgs of,facilifq to �cittr,explam arteratrons. fuse �addityoaalpa8ra as;nuj-�,w4�.-�..�.:;, Reviewer4nspecwr Name '"' _ r z -;* r ,-_• . Reviwer/lnspector Signature; Data 2f M biwWon of KQlll Di/Qli arI/ nrwlJw. r/aMt4 r_tr- .--_-_ W+ Reviewer4nspecwr Name '"' _ r z -;* r ,-_• . Reviwer/lnspector Signature; Data 2f M biwWon of KQlll Di/Qli arI/ nrwlJw. r/aMt4 r_tr- .--_-_ W+ State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary DIVISION OF WATER QUALITY February 16, 1998 Mr. Wendell Murphy Murphy Family Farms P. O. Box 759 Rose Hill, NC 28458 Subject: Notice of Defciena Administrative Code 15A NCAC 2H .0217 Fox Ridge Isolation & Internal Truck Wash Facility Nos. 04-25 & 04-29 Anson County Dear Mr. Murphy: On January 30, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of your farm located on SR 1621 in Anson Co. The inspection revealed that the freeboard level was not within the nineteen inch required minimum level for animal waste treatment lagoons. Overall the Fox Ridge Farm is a well maintained site In regard to the deficiency(s) noted during the inspection, the following actions are requested: 1. Lower the level of the lagoons to the required level of 19", weather permitting. Please provide a written response to this office on or before March G 8 as to the actions taken or proprosed to be taken to resolve this deficiency(s). Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. 225 Green Street, Suite 714 FAX 910-496-0707 Fayetteville, North Carolina 28301-5043 An Equal Opportunity AMrmstive Action Employer Telephone 910-486-1541 50% recycled/i0% post -consumer paper Mr. Murphy 2-16-98 Page 2 If you have any questions regarding this matter please contact John Hasty at (910) 486-1541. Sincerely, C Joh1C. Hasty, Jr. Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine-FRO DSW Robert Horton- Anson Co. MRCS