090004_ENFORCEMENT_20171231

Wµ1Illy
7
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November 9, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kraig Westerbeek
Murphy Brown, LLC
PO Drawer 856
Warsaw, NC 28398
Michael F. Easley, Governor
William G, Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION NOV-2007-PC-0610 - RESCISSION
Administrative Code 15A NCAC 2T.1300
Cain Complex
Facility No. 09-004
Bladen County
Permit No. AWS090004
Dear Mr. Westerbeek:
Coleen H. Sullins, Director
Division of Water Quality
The Division of Water Quality has reviewed your request to rescind the above referenced Notice of Violation. In
consideration of the information provided regarding lagoon level management and the extended period of high
rainfall, NOV-2007-PC-0610 shall be rescinded.
I would like to address the issues you raised in -your letter dated July 18, 2007. The Division maintains that both
lagoons 7443-1 (sow) and 7443-3 (finisher) were reported to be in non-compliance with peak waste level readings
of 16" and 18", respectively. Christine Blanton received the high freeboard report from Randy Bumgardner at 11:55
am on November 22, 2006. Later that day, Mr. Bumgardner filed a plan of action stating the same information.
Finally, Mr. Bumgardner reported to Jim Barber, DWQ, both lagoons were back in compliance with lagoon levels of
26" (sow) and 41" (finisher). Copies of these documents are attached. While your records do show that only 7443-
1 had a high reading, these records are kept on a weekly basis and may be affected by pumping events and
pit/tank recharge activities that occurred between weekly data points. Non-compliance reporting is required if
waste levels exceed the high freeboard mark at anytime.
The lagoon design information for 7443-1 does show a stop pump of approximately 31. The waste level in lagoon
7443-1 was managed at or below stop pump throughout much of the year. As I am sure you are aware, the NRCS
North Carolina Bulletin No. 210-3-4 provides for temporary use of the top eight (8) inches of the treatment volume
under certain conditions. This practice is limited to a June 15 -Oct 31 window for lagoons with a minimum of four (4)
feet of liquid above the sludge layer. (See attached document) Your records indicate that lagoon 7443-1 was
operated below stop pump for 10 weeks during the period of March 10 -June 9. Also, your notation of a sludge level
of 36" implies that there is insufficient treatment volume to qualify for the temporary use of the eight inches of
effluent below stop pump during the prescribed window. It would appear that it is standard practice to operate this
lagoon utilizing this effluent level; this practice should cease unless all conditions of the NRCS Bulletin are met. If
the temporary storage is insufficient due to the short design storage period of 51 days, you may need to explore
new engineering or system management solutions to prevent future a high freeboard occurrence.
NorthCarolina
JVatura!!y
North Carolina DWQ/Aquifer Protection Section 225 Green S1 / Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.slate.nc.us Customer Service 1-877-623-6748
An Equal OpporiunitylAffirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Mr Westerbeek
November 9, 2007
Page 2
If you have any questions concerning this matter, please do not hesitate to contact Ms. Christine Blanton,
Environmental Engineer II, or myself at [phone].
Sincerely,
StephenB hardt
Regional Aquifer Protection Supervisor
SBlcdb
Enclosures
cc: APS Central Files
FRO APS Files

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1. Article Addressed to:
MURPHY -BROWN, LLC
ATTN: MR. KRAIG WESTERBEEK
P4 DRAWER 856
WARSAW, NC 28398
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■ Complete items 1, 2, and 3. Also complete
. item 4 If 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
MURPHY -BROWN, LLC
ATTN: MR. KRAIG WESTERBEEK
P4 DRAWER 856
WARSAW, NC 28398
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A. Signature
X 13 Agent
❑ Addressee
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by N—) C. a Delivery
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7001 2510 0006 9500 1331
PS Form 3 , February 2004 Domestic Return Receipt 102595-oz-WIS40

UNITED STATES PWTAL SFgv1Q�• ,
• Sender. Please print your name, address, and ZIP+4 Tifthis box
NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DWQ-AP SECTION
ATTN: ART BARNHARDT pp ��++ tt C
225 GREEN ST, SUITE 714 kE- CO ED
FAYETTEVU.LE NC 28301-5 3 Nov 's 2w
W-FAWMUI fiMMA!4M
#I11::111III IIll! I1AIIIIJ!1hI3,111 I111J;11AI .AlwII

bt:v- t G, cuui r r.: uz ; vi4 rn
United Stairs Depa~ent of Agriculture
a N RC S
!Natural Resources Conservation Service
4405 813nd 1tvbC. Some 205
R-slk)10, Norirs C 3I:na 27,3n
NORTH CAROLINA BULLETIN NO. 210-3-4
Telephone No.: [phone]
Fax No.: [phone]
September 12, 2003
SUBJECT: ENG - Temporary Adjustment in the Stop Pump Level for Lagoons
Pu ose: To provide guidance on an option to allow temporary use of thetop 8 Inches of the
treatment volume in lagoons.
Expiration: November 1, 2004
The SB 1217 Committee held recent meetings to discuss the above average rainfall in North
Carolina and the impact to lagoons. As a result, the Committee recommends a temporary
adjustment in lagoon operating procedures. This temporary adjustment will be evaluated for the next
twelve to fourteen months. After an evaluation period, a determination will be made as to whether
the Lagoon. Standard 359 will be revised or amended.
The following temporary operating procedures are provided:
1. Lagoon levels may be lowered a maximum of eight inches below the facility's stop pump marls
durino the period of June 15 through October 31. This would provide irrigation water for
drought relief or additional temporary storage for excess rainfall during the following winter
month{.
2_ This option shall be limited to lagoons having a minimum of four feet of liquid above the sludge
layer. The measurement shall be taken from the stop pump level, at the pump intake, prior to
pumping below the stop pump level.
3. All applications must be in conformance with the CAWMP developed for the operation,
including adherence to the planned nutrient application rates.
4. From November 1 through June 14 pumping from the lagoon will not be permitted when the
lagoon level is at or below the stop pump elevation.
5. The following information concerning the pump down condition shall be forwarded to the
Division of Water Quality on the Division's form entitled "Lagoon Data Form for Temporary
Adjustment in the Stop Pump Level." This form may be obtained from the Division's web site
at ht(p:./h2o.enr.state,nc.us/ndceu/Animal.htm. Please note that for all permitted sites, this
form requires notification of the Division of Water Quality prior to pumping below the stop
pump mark.
Date the lagoon was First pumped below the slop pump level.
• Depth of liquid between the stop pump level and the sludge layer prior to
pumping below the stop pump mark. Measured from the stop pump level near
the pump intake location but off the inside slope of the embankment.
Dist,: F

Date pump down was completed.
• Depth of pump dawn below the stop pump level.
6. The required report shall be submitted to the Division of Water Quality as soon as practicable,
but no later than March 1 of the following year.
7. This temporary adjustment to operating procedure expires November 1, 2004.
M ry Combs
{ State Conservationist
Dict: li

11/22/2006 RED 15:47 FAX [phone] RRLNMI DWQ Fayetteville
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number
9-04
County: Bladen
Facility Name: Cain Complex
Certified Operator Name: Josh Perry Operator Number: 986054
1. Current liquid levei(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon Name/ID:
Spillway(Y or N):
Level(inches):
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
1 3
N N
16 18
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Pians of Action are attached. Hydraulic and agronomic balances are
within acceptable ranges.
X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste
to be pumped and hauled is reflected in section III tables. Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
'Attach a complete schedule with corresponding animal units and dates fro depopulation
'if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste
11124/2006
I hereby certify that I have reviewed the information listed above and included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correct.
Phone: [�114�
FAQy,9wn wager (print)
Date: 11/22/2006
Facilit ner/Ma ger (signature)
1002/006

11/22/2.006 WED 15:48 FAX [phone] WRLNMI .y DWQ Fayetteville
11. TOTAL POUNDS OF PAN STORED Wi i h, N STRUCTURAL FREEBOARD AND/OR 25 YR.124
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1,
Structure ID: Lagoon 1
line m =
817.9 ib PAN
2.
Structure 1D:
line m =
Ib PAN
3.
Structure ID: Lagoon 3
line m =
345.0 Ib PAN
4.
Structure ID:
line m =
Ib PAN
5.
Structure ID:
line m =
Ib PAN
6.
Structure ID:
line m =
Ib PAN
n. lines 1+2+3+q+5+6= 1162.8 Ib PAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD.
IA003/006
o. tract # p. field #
q. crop
r. acres
s. remaining IRR t. TOTAL PAN u. application window'
2 PAN balance BALANCE FOR
(Iblacre) FIELD (lbs.)
column r x s
1 H3
small grain
5.68
29.90
169.8 Sept -April
1 H4
small grain
5.14
29.90
153.7 Sept -April
3 (1-15A)
small grain
2.14
13.79
29.5 Sept -April
3 (1-18)
small grain
4.75
31.51
149.7 Sept -April
5 1-114
small grain
4.07
50.00
203.5 Sept -April
4 (H15)
small grain
4.14
50.00
207.0 Sept -April
5 (H13)
small grain
5.33
50.00
266.5 Sept -April
4 H16) small grain
3.26
50.00
163.0 Sept -April
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 1342.7 lb. PAN
IV, FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section ll) = 1162.8 Ib. PAN
PeA (30 Day) 2121100

11/22izuub 'ALD 15:48 FAX [phone] FfRLNMI 444 DWQ Fayetteville
x. Crop's remaining RAN balance (line v from section 111) _
y. Overall PAN balance (w - x)
1342.7 Ib. PAN
-180 Ib. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on new information. If new fields are to be included as an option for lowering lagoon level, add these
fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to
another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the
(Irrigation onto existing spray fields will continue as weather and field conditions permit- Additional land is
available for pumping if needed.
PoA (30 Day) 2/21/00
IM004/006

11/22/2906 WED 15:48 FAX [phone] WRLNNI 41-, DW0 Fayetteville
19005/006
PLAN OF ACTION (Po". HIGH FREEBOARD AT ANIMAL FACILITIES .
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): Lagoon 1
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 16.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches
c. Fine b - line a (inches in red zone) = 3.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 237671 ft'
e. line c112 x line d x 7.48 gallonslft3 444445 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 59 Jdays
g. volume of waste produced according to structural design 75410 ft3
h. current herd #F---2-5-0-01 certified herd #1 2500
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + D x 7.48 x 30 days/line f=
4. -Total PAN to be land applied during draw down period
1. current waste analysis dated 10/12/2
00E
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
POA (30 Day) 2121/00
75410 ft'
�ft3
138641 ft3
941824 gallons
0.59 ibs/1000 gal.
817.9 lbs. PAN

1/22/2006 WED 15:48 FAX [phone] WRLNMI 4-. DW9 Fa.YetteVille
Z006/006
PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/identifier (ID): I Lagoon 3
2. Current liquid volume in 25 yr./24 hr, storm storage & structural freeboard
a. current liquid level according to marker 18.0 inches
b_ designed 25 yr./24 hr_ storm & structural freeboard 19.0 inches
c. line b - fine a (inches in red zone) = 1.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 263267 ft'
e. line c/12 x line d x 7.48 gallons/W 164103 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design 329679 ft
h. current herd # 10000 certified herd # 1 10000
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 1 10/12/2006
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2/21100
329679 ft
ft
153572 ft3
602453 gallons
0.45 lbs/1000 gal.
345.0 lbs. PAN

.mmu +rnir 13:41 NAA glULU33138 "I<LNMI 444 llWy kayetteVllle
• l¢JUUl/UUU
MUT'Iryli- -,,Browll,. U.
Vl.iirpl y Brown LLC
PO Box 856
2822 Hwy 24 Nest
Warsaw, NC 28398
Phone [phone]
Fax [phone]
Fax Transmittal Sheet
Pages.-
Phone; D ate;
❑urgent. ❑ For Review ❑ Please C mment ❑ Please Reply ❑ Please Recycle

_Q�oF �Ar4��QG Incident Report
Report Number: 200603946
Incident Type: Non-Compliance Reporting
Onsite Contact:
Category: Animal
First/Mid/Last Name:
Randy
Bumgarner
Incident Started: 11/22/2006
Company Name:
County: Bladen
Phone:
[phone]
City:
Pager/Mobile Phone:
/
[phone]
Farm #: 090004
Responsible Party:
Reported By:
Owner: Murphy Family Farms
First/Mid/Last Name:
Randy
Bumgarner
Permit: NCA209004
Company Name:
Facility: Cain Complex
Address:
First Name:
Middle Name:
City/StatelZip:
Laurenburg NC
28352
Last Name:
Phone:
[phone]
463
Address PO Box 759
Pager/Mobile Phone:
1
[phone]
City/State/Zip: Rose Hill NC 28458
Phone:
Material Category: Estimated qty: UOM
Chemical Name
Reportable Qty, lbs.
Reportable Qty. kgs.
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/StatelZip
Position Method:
Position Accuracy:
Position Datum:
Cane Complex
Gum Swamp Rd Near White Oak
Rose Hili NC 28458
Report Created 11/22/06 01:23 PM Page 1

Cause/Observation:
excessive rainfall
Action Taken:
30 -day POA to be filed
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Directions:
Comments:
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Water Supply Wells within 1500ft : Unknown. Groundwater Impacted : Unknown
Access to Farm Animal Population Spray Availability
Structure Questions
Report Created 11/22/06 01:23 PM Page 2

Access to Farm
Farm accessible from the main road? ❑ Yes ❑ No ❑ NA ❑ NE
Animal Population
Confined? ❑ Yes ❑ No ❑ NA ❑ NE
Depop? ❑ Yes ❑ No ❑ NA ❑ NE
Feed Available? ❑ Yes ❑ No ❑ NA ❑ NE
Mortality?
❑ Yes ❑ No ❑ NA FINE
Spray Availability
Pumping equipment?
❑ Yes ❑ No ❑ NA ❑ NE
Available Fields?
❑ Yes ❑ No ❑ NA ❑ NE
Structure Questions
Breached?
❑ Yes
❑ No
❑ NA ❑ NE
Inundated?
❑ Yes
❑ No
❑ NA ❑ NE
Overtopped?
❑ Yes
❑ No
❑ NA ❑ NE
Water on outside wall?
❑ Yes
❑ No
❑ NA ❑ NE
Poor dike conditions?
❑ Yes
❑ No
❑ NA ❑ NE
Waste Structure Type Waste Structure Identi inches Plan Due Date
Plan Recieved Date Level OK Date
Lagoon 7443-1
16.00 06-12-0112:00:00
Lagoon 7443-3
18.00 06-12-0112:00:00
Event Type
Event Date Due Date
Comment
Incident closed
Requested Additional Information
2006-12-01 12:00:00
30 -day
POA
Report Received
2006-11-22 11:55:00
Referred to Regional Office - Primary Contact
2006-11-22 05:00:00
Report Entered
2006-11-22 11.56:23
Incident Start
2006-11-22 11:30:00
Report Created 11/22/06 01:23 PM
Page 3

Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Noted:
Agency Name Phone First Name M.1_ Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Christine Blanton Christine Blanton Ricky Revels
Phone:
DatefTime: 2006-11-22 11:55:00 PM 2006-11-22 11:56:23 AM 2006-11-22 05:00:00 PM
Referred Via: Phone email
Did DWQ request an additional written report? 2006-12-01 12:00:00 AM
If yes, What additional information is needed? 30 -day POA
Report Created 11/22/06 01:23 PM Page a

Telephone call, Cain complex Bladen County;
Subject: Telephone call, Cain complex Bladen County;
From: Jim Barber <[e-mail]>
Date: Thu, 14 Dec 2006 16:36:40 -0500
To: Christine Blanton <[e-mail]>, Ricky Revels <Ricky. Revels@ncma il. net>
C.B.;
Received a call at 4:25pm on 24 December 2606 from Randy Bumgardner? concerning the Cain complex in Bladen
County, farm number 07-443. According to Bumgardner, the freeboard levels at the complex lagoons have been
restored to pre-stP-is
levels. The level reported by Bumgardner for the "finish" lagoon is 41" and the level
for the "so" lago 25". If you need to contact Bumgarder , his cell # is 910-217-1836.
Jim Barber ` ©T' ®wL f
r
r
8f Cf c� ns
C,c
1 of 1 12/21/2006 8:28 AM

November 9, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kraig Westerbeek
Murphy Brown, LLC
PO Drawer 856
Warsaw, NC 28398
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Deparlment of Environment and Natural Resources
Subject: NOTICE OF VIOLATION (NOV-2007-PC-0610) - RESCISSION
Administrative Code 15A NCAC 2T.1300
Cain Complex
Facility No. 09-004
Bladen County
Permit No, AWS090004
Dear Mr. Westerbeek:
Coleen H_ Sullins, Director
Division of Water Quality
The Division of Water Quality has reviewed your request to rescind the above referenced Notice of Violation. In
consideration of the information provided regarding lagoon level management and the extended period of high
rainfall, NOV-2007-PC-0610 shall be rescinded.
would like to address the issues you raised in your letter dated July 18, 2007, The Division maintains that both
lagoons 7443-1 (sow) and 7443-3 (finisher) were reported to be in non-compliance with peak waste level readings
of 16" and 18", respectively. Christine Blanton received the high freeboard report from Randy Bumgardner at 11:55
am on November 22, 2006. Later that day, Mr. Bumgardner filed a plan of action stating the same information.
Finally, Mr. Bumgardner reported to Jim Barber, DWQ, both lagoons were back in compliance with lagoon levels of
26" (sow) and 41" (finisher). Copies of these documents are attached. While your records do show that only 7443-
1 had a high reading, these records are kept on a weekly basis and may be affected by pumping events and
piUtank recharge activities that occurred between weekly data points. Non-compliance reporting is required if
waste levels exceed the high freeboard mark at anytime.
The lagoon design information for 7443-1 does show a stop pump of approximately 31. The waste level in lagoon
7443-1 was managed at or below stop pump throughout much of the year. As I am sure you are aware, the NRCS
North Carolina Bulletin No. 210-3-4 provides for temporary use of the top eight (8) inches of the treatment volume
under certain conditions. This practice is limited to a June 15 -Oct 31 window for lagoons with a minimum of four (4)
feet of liquid above the sludge layer. (See attached document) Your records indicate that lagoon 7443-1 was
operated below stop pump for 10 weeks during the period of March 10 -June 9. Also, your notation of a sludge level
of 36" implies that there is insufficient treatment volume to qualify for the temporary use of the eight inches of
effluent below stop pump during the prescribed window. It would appear that it is standard practice to operate this
lagoon utilizing this effluent level; this practice should cease unless all conditions of the NRCS Bulletin are met. If
the temporary storage is insufficient due to the short design storage period of 51 days, you may need to explore
new engineering or system management solutions to prevent future a high freeboard occurrence.
_ .'nt hCarollna
Naturally
North Carolina DWQ1Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal OpportunitylAlfirmatrve Action Employer — 50°% Recycted110°% Post Consumer Paper

Mr. Westerbeek
November 9, 2007
Page 2
If you have any questions concerning this matter, please do not hesitate to contact Ms. Christine Blanton,
Environmental Engineer Il, or myself at [phone].
Sincerely,
Stephen B hardt
Regional Aquifer Protection Supervisor
SB/cdb
Enclosures
cc: APS Central Files
FRO APS Files

.: SEP -;2--2003 FF•! 02:44 PM I Rx Nu. r. ue-
United States Depsrbnent of Agrkwilture
N RCS
Natural Resovrces Conservation Service
4405 Mind Ro.-w. Suitt! 205
Ralolph, NL1ruj C;. Dl:na 27,309
NORTH CAROLINA BULLI=TIN NO. 210-3-4
Telephone No.: [phone]
Fax No.. (919) B73-2156
September 12, 2003
SUBJECT: ENG — Temporary Adjustment in the Stop Pump Level for Lagoons
Purpose: To provide guidance on an option to allow temporary use of the top 8 inches of the
treatment volume in lagoons.
Expiration: November 1, 2004
The SB 1217 Committee held recent meetings to discuss the above average rainfall in North
Carolina and the impact to lagoons. As a result, the Committee recommends a temporary
adjustment in lagoon operating procedures. This temporary adjustment will be evaluated for the next
twelve to fourteen months. After an evaluation period, a determination will be made as to whether
the Lagoon Standard 359 will be revised or amended.
The following temporary operating procedures are provided:
1. Lagoon levels may be lowered a maximum of eight inches below the facility's stop pump mark
durinc.i the period of June 15 through October 31. This would provide irrigation water for
drought relief or additional temporary storage for excess rainfall during the following winter
months.
2. This option shall be limited to lagoons having a minimum of four feet of liquid above the sludge
layer. The measurement shall be taken from the stop pump level, at the pump intake, prior to
pumping below the stop pump level.
3. All applications must be in conformance with the CAW MP developed for the operation,
including adherence to the planned nutrient application rates.
4. From November 1 through June 14 pumping from the lagoon will not be permitted when the
lagoon level is at or below the stop pump elevation.
5. The following information concerning the pump down condition shall be forwarded to the
Division of Water Quality on the Division's form entitled "Lagoon Data Form for Temporary
Adjustment in the Stop Pump Level." This form may be obtained from the Division's web site
at http::lh2o.enr.state,nc.usfndceu/Animal.htm. Please note that for all permitted sites, this
form requires notification of the Division of Water Quality prior to pumping below the stop
punnp mark.
• Date the lagoon was First pumped below the stop pump level.
9 Depth of €iquid between the stop pump level and the sludge layer prior to
pumping below the stop pump mark. Measured from the stop pump level near
the pump intake location but off the inside slope of the embankment.
Di,sr.. F

-•tE'
4
r Date pump down was Completed.
• Depth of pump down below the stop pump level.
6. The required report shall be submitted to the Division of Water Quality as soon as practicable,
but no later than March 1 of the following year.
: . 7. This temporary adjustment to operating procedure expires November 4, 20D4.
M ry KJ Combs
State Conseivationist
Dist: is

11/22,12006 WED 15:47 FAX [phone] WRL NMI -,-*i DWQ Fayetteville
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number: 9-04 County: Bladen
Facility Name: Cain Complex
Certified Operator Name: Josh Perry Operator Number: 986054
1. Current liquid levels) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon Name/ID:
Spillway(Y or N):
Level(inches):
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
1 3
N N
16 18
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are
within acceptable ranges.
X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste
to be pumped and hauled is reflected in section III tables. Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
`Attach a complete schedule with corresponding animal units and dates fro depopulation
*if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste
11/2412006
I hereby certify that I have reviewed the information listed above and included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correct.
Phone: (��i--
UWy-4)wn aQager (print)
PF y""' `�""' Date. 11/22/2006
Facilit ner/Ma ger (signature)
Q002/006

11/22/2006 WED 15:48 FAX [phone] WRLNXI Dw0 Fayetteville
It. TOTAL POUNDS OF PAN STORED Wilo nisi STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1,
Structure ID: Lagoon 1
line m =
817.9 lb PAN
2.
Structure ID:
line m =
Ib PAN
3.
Structure ID: Lagoon 3
line m =
345.0 Ib PAN
4.
Structure ID:
line m =
Ib PAN
5.
Structure ID:
line m =
lb PAN
6.
Structure ID:
line m =
lb PAN
n. lines 1 +2+3+4+5+6= 1162.8 lb PAN
111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD.
11003/006
o. tract # p. field # q. crop
r. acres
s. remaining IRR t TOTAL. PAN u. application window'
2 PAN balance BALANCE FOR
(Ib/acre) FIELD (Ibs.)
column r x s
1 1-113) small grain
5.68
29.90i
169.8 Sept -April
1 1-14 small grain
5.14
29.90
153.7 Sept -April
3 (1-115A) small grain
2.14
13.79
29.5 Sept -April
3 1-18) small grain
4.75
31.51
149.7 Sept -April
5 1-114 small grain
4.07
50.00
203.5 Sept -April
4 H15 small grain
4.14
50.00
207.0 Sept -April
5 H13 small grain
5.33
50.00
266.5 Sept -April
4 1-1116 small grain
3.26
50.00
163.0 Sept -April
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 3342.7 ib. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section 11) = 1162.8 Ib. PAN
PoA (30 Day) 2/21/00

11/22/2006 WED 15:48 FAX [phone] WRLNM1 44-. DWQ Fayetteville
x. Crop's remaining PAN balance (line v from section IIl) _
y. Overall PAN balance (w - x) _
1342.7 lb. PAN
-180 Ib. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on new information. If new fields are to be included as an option for lowering lagoon level, add these
fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to
another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the
Irrigation onto existing spray fields will continue as weather and field conditions permit_ Additional land is
available for pumping if needed.
PoA (30 Day) 2121100
Z004/006

11/22./.2006 {FED 15:48 FAX [phone] WRLN I -?— DWD FaYetteville
X1005/006
PLAN OF ACTION (PoA) 7 -LR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): Lagoon 1
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 16.0 inches
b. designed 25 yr -/24 hr. storm & structural freeboard 19.0 inches
c. line b - line a (inches in red zone) = 3.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 237671 ft2
e. line c/12 x line d x 7.48 gallons/fe 444445 gallons
3. Projected volume of waste liquid produced during draw down period
f_ temporary storage period according to structural design 51 days
g. volume of waste produced according to structural design 75410 ft3
h. current herd # 2500 certified herd #1 2500
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j_ excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f=
4. Total PAN to be land applied during draw down period
1. current waste analysis dated 10/12/2006
m. {(lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2/21/00
75410 ft3
01ft3
138641 Jft3
941824 gallons
0.59 lbs/1000 gal.
817.9 lbs. PAN

11 /22/2006 WED 15:48 FAX [phone] WRLNMI 4--s DWQ Fayetteville
Q006/006
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Nametldentifier (ID): Lagoon 3
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 18.0 inches
b. designed 25 yr./24 hr_ storm & structural freeboard 19.0 inches
c. line b - line a (inches in red zone) = 1.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) I 263267 ft2
e. line c/12 x line d x 7.48 gallons/ft3 164103 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 1801 days
g. volume of waste produced according to structural design 3296791 ft3
h, current herd #E-1-0-0-0--01 certified herd #1 10000
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f=
4_ Total PAN to be land applied during draw down period
I. current waste analysis dated 10112/2
6
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2121100
329679 ft3
I ft 3
153572 ft3
602453 gallons
0.45 lbs/1000 gal.
345.0 lbs. PAN

1/27,/2006 VgED 15:47 FAX [phone] WRLNMl —4 DWD Fayetteville
' iM 001/006
I\IUr 11,911. xBrowl "I LIL
Murphy Brown r�LC
PO Box 856
2822 Hwy 24 West
Warsaw, NC 28399
Phone (9 t0) 293-3434
Fax [phone]
rax Transmittal Sheet
Fax; _ . - _--Pages.
- -N
on k _ fk ►
Phone; - 13-ate
Re.- CC•
❑Urgent. ❑ For Review ❑ Please Cmnment ❑ Please Reply ❑ Plcase Recycle

Incident Report
Report Number: 200603946
Incident Type: Non -Compliance Reporting
Category: Animal
Incident Started: 11/22/2006
County: Bladen
City:
Farm #: 090004
Responsible Party:
Owner: Murphy Family Farms
Permit. NCA209004
Facility: Cain Complex
First Name:
Middle Name:
Last Name:
Address PO Box 759
City/State/Zip: Rose Hill NC 28458
Phone:
Material Category: Estimated Qty: UOM
On -Site Contact:
First/Mid/Last Name:
Randy
Bumgamer
Company Name:
Phone:
[phone]
Pager/Mobile Phone:
1
[phone]
Reported By:
First/Mid/Last Name:
Randy
Bumgamer
Company Name:
Address:
City/State/Zip:
Laurenburg NC
28352
Phone:
[phone]
463
Pager/Mobile Phone:
1
[phone]
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Position Method:
Latitude:
Position Accuracy:
Longitude: Position Datum:
Location of Incident: Cane Complex
Address: Gum Swamp Rd Near White Oak
City/StatelZip Rose Ifill NC 28458
Report Created 11/22/06 01:23 PM Page 1

Cause/Observation: Directions:
excessive rainfall
Action Taken: Comments:
30 -day POA to be filed
Incident Questions:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name? T
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
(Above Ground or Under Ground)
Water Supply Wells within 1500ft : Unknown Groundwater Impacted: Unknown
Access to Farm Animal Population Spray Availability
Structure Questions
Report Created 11/22/06 01:23 PM Page 2

Access to Farm
Farm accessible from the main road?
❑ Yes
❑ No
❑ NA ❑ NE
Animal Population
2006-12-01 12:00:00
Report Received
2006-11-22 11:55:00
Confined?
❑ Yes
❑ No
❑ NA ❑ NE
Depop?
❑ Yes
❑ No
❑ NA ❑ NE
Feed Available?
❑ Yes
❑ No
❑ NA ❑ NE
Mortality?
❑ Yes
❑ No
❑ NA ❑ NE
Spray Availability
Pumping equipment?
❑ Yes ❑ No ❑ NA ❑ NE
Available Fields?
❑ Yes ❑ No ❑ NA ❑ NE
Structure Questions
Breached?
Inundated?
Overtopped?
Water on outside wall?
Poor dike conditions?
Waste Structure Type Waste Structure Idents inches Plan Due Date
Lagoon 7443-1 16.00 06-12-0112:00:00
Lagoon 7443-3 18.00 06-12-0112:00:00
Event Type
Event Date Due Date
Incident closed
Requested Additional Information
2006-12-01 12:00:00
Report Received
2006-11-22 11:55:00
Referred to Regional Office - Primary Contact
2006-11-22 05:00:00
Report Entered
2006-11-22 11:56:23
Incident Start
2006-11-22 11:30:00
Report Created 91/22/06 01:23 PM
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ Na ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
Plan Recieved Date Level OK Date
Comment
30 -day POA
Page 3

Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
Report Taken By:
Christine Blanton
Phone:
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
Report Entered By: Regional Contact:
Christine Blanton Ricky ' Revels
DateTme: 2006-11-22 11:55:00 PM 2006-11-22 11:56:23 AM 2006-11-22 05:00:00 PM
Referred Via: Phone email
Did DWQ request an additional written report? 2006-12-01 12:00:00 AM
If yes, What additional information is needed? 30.day POA
Report Created 11/22/06 01:23 PM Page 4

Telephone call, Gain complex Bladen County;
Subject: Telephone call, Cain complex Bladen County;
From: Jim Barber <[e-mail]>
Date: Thu, 14 Dec 2006 16:36:40 -0500
To: Christine Blanton <[e-mail]>, Ricky Revels <Ricky. Revels@ncmail. net>
C.B.;
Received a call at 4:25pm on 14 December 2006 from Randy Bumgardner? concerning the Cain complex in Bladen
County, farm number 7-443. According to Bumgardner, the freeboard levels at the complex lagoons have been
restored to pre-sto levels. The level reported by Bumgardner for the "finish" lagoon is 41" and the level
for the "sow" lago n is 26". If you need to contact Bumgarder , his cell # is 910-217-1836.
Jim Barber() 0(�-0V(j
) hc"
bd- # F_Oc)4�)(D35q
r'in -V- oc� -"q
o"'. cam loe-c;,
1 of 1 12/21/2006 8:28 AM

Murphy-Brown LLC
PO Drawer 856
ti
2822 Hwy. 24 West
Warsaw, NC 28398
OCT 02 i
Tel: [phone]
Fax: [phone]
July 18, 2007
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
Fayetteville Regional Office
225 Green St. / Suite 714
Fayetteville, NC 28301'
Dear Mr. Barnhardt,
This letter is being sent in response to a Notice of Violation issued by your office to the
Cain Complex, Facility No. 09-004, in Bladen County. I would like to address two issues
specific to this Notice. First, the Notice lists noncompliant freeboard levels of 16" on the sow
farm lagoon, and 18" on the finishing farm lagoon on 1112212006. Our records indicate that only
the sow farm lagoon ever exceeded maximum levels, reaching 18" the week prior to 11124/2006.
Second, it appears as if the Division has determined that the freeboard non-compliance was due to
inadequate management of the CAWMP rather than chronic rainfall. I would ask that the
Division reconsider their position on both of these issues based on the following and attached
information.
It appears that the Division uses non-compliance on both the sow farm lagoon (7443-1),
and the finishing farm lagoon (7443-3) on 1112212006, as a basis for the violation issued. Our
records, which are attached, indicate that the freeboard levels for the finishing farm lagoon were
never less than 19". The reported freeboard on 11/24/2006 is 19" for the finisher, and 18" for the
sow farm. I have discussed this issue with Randy Bumgardner, MB LNM Specialist for the Cain
Complex, and he indicated to me that the finishing farm lagoon readings attached are accurate,
and that the lagoon never had less than 19" of freeboard. This puts us in a difficult position. I
would assume that the Division has some sort of documentation that indicates that non-
compliance occurred on this lagoon. Murphy -Brown, however, does not have such
documentation and must then take the position that it did not. Ultimately, the Division will have
to determine their position here, but for the sake of this letter, I will proceed with our belief that
the only non-compliant freeboard level occurred on the sow farm lagoon.
As noted in the Notice, there is no question that the chronic rainfall threshold was met in
the case of this farm, with 45.2", or almost the total yearly rainfall, being recorded between April
13`s and November 24h 2006. Obviously, this amount of rainfall makes lagoon management
more challenging than normal. However, based on a thorough review of the relevant pumping,
freeboard, and rainfall records for the Cain Farm, I must disagree with the assertion that
mismanagement of the waste treatment system on this farm contributed to the freeboard levels
experienced. Please review in detail the attached document entitled `Cain Lagoon Levels and
Pumping Dates. This document is a compilation of the rainfall, freeboard, and application
summaries for the three lagoons on this farm. Typically in this type of analysis for a farm with

multiple lagoons, one would look at the records of all the lagoons on the permitted site, as
management of the entire facility is being considered. This farm, however, is different due to its
status as a multiplication farm. Without getting into excessive details, biosecurity is of upmost
importance on this farm due to both the monetary value of the animals on the farms, and the
potential cost implications of a disease break on downstream commercial farms. The Cain
Complex, despite being permitted together, is managed as separate sites in many ways.
Transferring effluent between lagoons is strongly discouraged, and each site has a designated
portion of the total land mass for normal land application. For these reasons, I ask the Division to
consider the information for the sow lagoon (7443-1) only in your review, particularly since it
is the lagoon that had the freeboard non-compliance. The stop pump (end pump) level for the
sow lagoon is 30.96". I have included a copy of the lagoon design for your review. In reviewing
the lagoons levels, you will see that this lagoon was at or below stop pump for the periods
between March 10 and April 21, May 12 and June 9, and June 23 and August 25, 2006. In
addition, a tally of the pumping events from this lagoon shows that 151 pumping events occurred
from this lagoon between January 6 and November 24, 2006. This averages over 3 events per
week during this time frame. I believe this data proves that Mr. Bumgardner and his crew
managed this lagoon as best as possible during the chronic rainfall period.
In your Notice letter, it is communicated that 16-17% of available Plant Available
Nitrogen (PAN) was applied during the 2006-2007 cropping cycles. While our data submitted as
part of the annual report for this farm would indicate the true number to be 27%, I do not believe
that the percent of PAN applied is a good indicator of management intensity. It is somewhat
intuitive that during chronic rainfall periods, pumping opportunities, and, therefore, PAN applied,
would be less than normal. In addition, PAN applied can be greatly impacted by other factors
such as water usage and lagoon analysis. In the Murphy -Brown system, one will consistently
find 2 to 3 times more land than is needed from a PAN standpoint as the management of plans is
geared more to hydraulic than nutrient balances. I feel a review of available pumping days versus
actual pumping days provides a much clearer picture of management efficiency in this case.
Murphy -Brown is committed to, and I believe has demonstrated, that it will make every
effort to manage in a proactive manner the freeboard levels on our farms. Murphy -Brown's
ISO 14001 Certified EMS insures that we will review the deficiency noted by the Division and
make changes as necessary to prevent re -occurrence. However, we feel that every reasonable
effort was made to manage the freeboard of Cain Complex within the guidelines of the farms
NPDES permit, but these efforts fell short due to the chronic rainfall period experienced. I once
again ask for reconsideration of the NOV issued to the Cain Complex. If there are additional
questions, or addi al information is needed, please contact me at [phone].
erely,
ig West rbeek
ector of nvironmental Compliance
Enc.

..
o�oF wArEq�G
ia
0 Y
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randy Bumgarner
Murphy -Brown, LLC
325 McKay St.
Laurinburg, NC 28352
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Cain Complex
Facility No. 09-004
Bladen County
Permit No. NCA209004
Dear Mr. Bumgarner:
Coleen H. Sullins. 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 waste structure(s) in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. NCA200000 Section V 3.)
On 11/22/2006 waste structure liquid levels were documented at 16 & 18 inches of freeboard at lagoons designated
as 7443-1 and 7443-3 respectively. Levels of 19 inches are the maximum levels allowed by your permit.
Subsequent to the reported high freeboard the Division of Water Quality requested record documentation to assess
the overall management of the waste system.
Correct application of Plant Available Nitrogen (PAN) is a major component of your nutrient management plan.
According to a review of your records, only about 16 % of your PAN was applied during 2006-2007 complete crop
cycles. Inadequate management of the nutrient management plan contributed to high lagoon levels, compounded
by high rainfalls.
Required Corrective Action for Violation 1:
At this time, the incident is closed. The Division strongly recommends that you review your facilities and procedures
with the goal of eliminating future high freeboards, which could lead to mandatory review of your Waste Utilization
Plan by a Technical Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
If you are not aware, you now may pump up to eight (8) inches below the "Stop Pump" mark between June 15 and
October 31 provided that the criteria in NRCS Standard for Waste Treatment Lagoon No. 359 are met_
Dae
No Carolina
Naturally
North Carolina Division of Fater Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: hlo.enr.state.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recydedll0% Post Consumer Paper

Mr. Randy Bumgarner
July 11, 2007
Page 2
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 Joan Schneier,
Environmental Specialist, or myself at [phone].
Sincerely,
Steph . Barnhardt
Regional Aquifer Protection Supervisor
S B/ta b
cc: APS Central Files
FRO APS Files
Anthony Diai-SWC, FRO

F A M I L Y F A R M S
March 21, 2000
NCDENR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notices of Deficiency for Facility Numbers 09-04, 09-05, & 09-27
Dear Mr. Brown:
In response to your March 17, 2000 letters:
1. Facility 09-04, Cain Complex, was lowered to the required freeboard freeboard
level during the week ending February 18'�';
2. Facility 09-05, Frenches Creek Finishing, was lowered to the requird freeboard
level during the week ending February 26';
3. Facility 09-27, Evergreen Farm, was lowered to the required freeboard level on
March 1 �'.
Thank you for your cooperation.
If you have any questions or concerns please contact John Bizic or Kraig Westerbeek at
910-289-6439.
Sincerely,
)ohn
Bizi
nd and Nutrient Manager
Cc: Garth Boyd
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy Farms, Inc.
PO Box 769
Rose Hill, NC 28458
March 17, 2000
SUBJECT: NOTICE OF DEFICIENCY
Cain Complex
Facility No. 09 -04
Permit No. AWS090004
Bladen County
Dear Sir:
On January 26, 2000, you or staff from your farm notified the Fayetteville Regional Office
of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard
level of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 18 inches. General Permit condition V.3 states that "The maximum
waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural
freeboard.".
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. [twill also close this event out within your file. If you have any questions
concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Sam Warren, Bladen County NRCS
225 GREEN STREET, SUITE 714 / SYSTEL HLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
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