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090011_ENFORCEMENT_20171231
Face. �y Latus Fa Subject: Facility Status Date: Sun, 28 Jan 2001 15:47.18 -0500 U�o1 i CU J` 11 v) Y\K r From: Dennis Ramsey <dennis.ramsey@ncmail.net> To: Paul Rawls <Paul.Rawls@ncmail.net> CC: John Hasty <John. Hasty@ncmail. net>, Bob Heath <Bob.Heath@ncmaiI net>, Coleen Sullins <Coleen.Sul lins@ncmail.net>, kts <kts@h2o.enr.state. nc.us>, Jeff Poupart <Jeff.Poupart@ncm ail. net>, Sonya Avant <Sonya.Avant@ncmail.net> Paul As you are aware the Water Keeper Alliance (and other) recently filed Notices of Intent against six (6) swine facilities in North Carolina. Two of these facilities are located in your regions. Please find below my understanding of the past compliance history of these 2 facilities. Please let me know immediately if my understand is incorrect since the Department must respond to these Notices this week. Please add, delete or modify anything that is needed to more accurately reflect the history of this facility. Browns of Carolina Farm # 91 Facility No. 9 --11 Bladen County FRO Violations Identified in Notice of Intent March 19, 2000 - Discharge NOT confirmed by DWQ July 20 and 21, 2000 - Discharge NOT confirmed by DWQ Unspecified discharges to state waters reported by citizens - Some ponding on spray fields but discharges NOT confirmed by DWQ Other miscellaneous violations including over application of Plant Available Nitrogen (PAN) and high freeboard levels. Civil penalty case being developed for PAN violations. DWQ NOT aware of underdrains on this site Browns of Carolina Farm # 30 Facility No. 9 - 170 Bladen County FRO Violations Identified in Notice of Intent July 10, 1997 - DWQ inspector noted discharge to area adjacent to wetlands NOT to wetlands December 9, 1999 and February 9, 2000 - Discharges to surface waters identified and civil penalties assessed for two discharges. These discharges were NOT identified in the Notice of Intent filed on this facility Other miscellaneous violations •- Some confirmed DWQ NOT aware of underdrains on this site 1 of 2 1/29/2001 8:26 AM Facility�tatvs We also need for you to schedule these two facilities for an inspection this week using the new inspection forms. Please also make sure that the Groundwater staff in your region accompany you on these inspections so that we can evaluate the facilities for the need for groundwater monitoring. Since the Notices of Intent imply that there are underdrains on the site, please make a special effort to determine if any underdrains may be present that we have not previously noted. Please let me know when these inspections are to be scheduled and send me the results of the inspections as soon as they are completed. Thank you for your help and please let me know if there is a need for further information or clarification. Dennis 2 oft 1/29/2001 8:26 AM t t .� NORTH CAROLINA DEPART i+ ENT OF JL ENVIRONMENT AND NATURAL RESOURCES : Mr. Glen Davis August 21, 2000 Page 2 The Division of Water Quality requests that the following items be addressed: Follow the CAWMP in regards to the PAN to be applied to crops. 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 is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the failure of this farm to comply with the plant available nitrogen rates (PAN) in the CAWMP for the specified crops (small grain). If you have an explanation for this violation that you wish to present, please respond to this office by September 1 S, 2000. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, you explanation 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 myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541. Sincerely, = _ ✓ Paul E. Rawls Regional Water Quality Supervisor CC' Sue Homewood - Compliance Group Sam Warren - Bladen Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh SEP -15-00 FRI 12,16 PM BROWN'S OF CAROLINA! FAX NO. 2961333?l P. 03/08 OF CAROLINA Fa)c 7$5 "Wy 24 Eng PO Box 487 WafWw, NC 26386-0497 910-296-1 WD 1-500-Vt-6328 910-296.6166 - Fax r - .T. To: Paul Rawls Frorm Kevin Weston Frac 9.10-296-6166 Pages: 2 including cover Phone, 9-10-296-1800 ast■; 9115100 Pe: CC: �A C7 UNant d For Review © Please Comm0nt 0 Pieria Reply �_D Phase RecVele s comments': If you do net receive all of the pages please call Kendal 910-296-1800 x 241 Facility Number d y' — // Lagoon Number .....f....... Lagoon Identifier ® Active Q Inactive Latitude 0 0 3Z Longitude N] 2� By GPS or Map? 10 GPS ❑ Map GPS file number: 0 7�TfI 35. Surface Area (acres): 36. Embankment Height (feet): 37. Distance to Stream: 38. Water supply well within 250 ft of the lagoon? ® On-site ❑ Off-site 39. Distance to WS or HQW (miles): 40. Overtopping from Outside Waters? 41. Constructed before 1993 NRCS Standards? 42. No verification of adherence to 1993 or subsequent NRCS Standards? 43. Was groundwater encountered during construction? 44. Depth to Groundwater: 45. Spillway? 46. Adequate Marker? 47. Immediate threat to the integrity of the structure? 48. Freeboard & Storm Storage Requirement (inches): 6 9 S/Go o sf. ,P'/) O less than 300 ft O 300 fl - 1000 ft Q greater than 1000 ft ® Yes O No 0<5 05-10 0>10 O Yes • No O Unknown O Yes O No *Unknown O Yes O No O Unknown l4z O Yes O No *Unknown O Yes *No 0 Yes Q No O Yes S No /9 ® Unknown SEP -15-00 FRI 12:16 PM BROWN'S OF CAROLINA! FAX NO. 2961333 a e . Scpl 2inbcr 15, 2000 Paul E. Rawls Regiomd M`atc;r Quality Supervisor N.C. Dept. of Environment and. Natntal Resource_e q r F3yetleville Regional Tice I 225 Grcen ;st. Suite 714 / Syslc] Bldg. 1=aya.1cville, NC 28301-5043 Dear Mr. RRhwts, 711,is letter is in responsc to the Notice of Violation and Recommendation for Enforcement letter for 13rovin's of Carolina Farm # 91 &-acd August 21, 2000, -;. a t: P. 04/08 During the routine inspection conducted on August 9, 2000 it was noted that the PAN had been over applied on sever -al pulls in excess of the CAWMP. Brown's of Carolina mtogrhizes that the over applications stere non -,compliant wilh tho Gcneral Pennit for this facility, however. Browns of Girolina made every effort to mange the excess mater accuinul,'ticd from tic hunicmcs of 1.w fail and tlae wiener of 199912WO b lite most environmentally sound irmincr possible. This w,ts accomplished by irrigating onto the "Lightest' awl "driest"Pulls of each field such that no run-off or disclmrge oechioa Because of the excesi walcr from the hurricanes and lice extremely wet winter that followed, multE�& applicagom to these pwucular pL,lls'Lyre made to lower and maintain lagoon levels Io avoid non-eampHanee_ As a result, these pull's received large volumes of u-atcr Ilial caused over applications of PAN. While the over applications of PAN= near -complier, this was the most cnvirownimially sound way to n><annge the excess water and prevent nm-x[t or discharge. ' To ;lid in the prevention of over -application in the future, wcckcly irrigation schedules arc r,ciier aicd for. e;icla application field. Tlhc-sc schedaiies prioritize llhe order in whielh e -m h pull is irrigated dials esnsaring a more uniform coverage throughout the year. Due to the fact thal Brown's of Carolina managed and diligently recorded all of the excess walcr without runlaff or disch,irges, irrigated in the most environmentally sound tmanner possible, and is contusunnlly ii nproving the rua nagemerrt practices of all its facilitics, no cnforceinent action should be taken. If you have any questions reg:, -ding this revousc, plmsc do not hesitate to call me a1 (910) 296-1800 ext. 238. Sincerely, o 4/J.�T Kevin wemn. Enviroauncnlal Comiplimcc Manager BROWN'S OF CAROLINA, 114C- 78.5 I•iV4Y 24 EA6T • P.O. BOX 437 • WARSAW, N.0 28333 • PHONE (010) 296.1800 January 8, 2001 MEMORANDUM TO: Steve Lewis Division of Water Quality FROM: Robert Heath �! DWQ, Fayetteville Regional Office THRU: Paul Rawls, Regional Water Quality Supervisor, FRO SUBJECT: Brown's of Carolina (BOC) Farms #30 and #91 Enclosed is the requested information regarding BOC farms. If additional information is needed, please contact me at 910-486-1541. RH/bs Enclosures cc: Dennis Ramsey 09-11 BROWN'S OF CAROLINA FARM # 91 8112/96 NOV issued for failure to follow Waste Management Plan resulting in ponding and runoff. 7125197 Certification of Coverage and General Permit issued. 8/1/97 Inspection conducted by Robert F. Heath: 12. Lagoon dikes need cutting around base to allow inspection for seepage. 18. Bermuda has competition with weeds and other grasses. 24. Lagoon levels and rainfall need to be kept weekly. Pump records are calculated by rain gauge rather than by acreage in application area. Need map of irrigation area. 7/13/98 Inspection conducted by John Hasty. 7125198 Reissuance of General Permit and Certificate of Coverage. 6/1/99 Inspections conducted by Jeffery Brown: 7. Need to maintain back slopes of lagoon dikes to top of slopes. Remove the small trees on back slope as required by General Permit. 611199 Justification and Documentation for Mandatory WA Determination - Part II. F1 Lack of acreage which resulted in over application of wastewater (PAN) on spray fields according to farm's last two years of irrigation records. F4 WA determination required because CAWMP credit fields acreage in excess of 75% of the respective fields total acreage as noted in table in Part III. 09-11 Brown's of Carolina Page 2 1131/00 Brown's of Carolina notified of high freeboard condition (18"). 3/17/00 NOD issued by Jeffery Brown for failure to maintain required freeboard. 3/27/00 POA issued by Brown's of Carolina (Jimmy Vinson). 8/l/00 Notification for Wettable Acres Determination. 8/9/00 Inspection conducted by John Hasty: 11. Over application noted on numerous fields. 8/21/00 NOV/Recommendation for Enforcement for over application of PAN in excess of CAWMP. 10/11/00 Inspection - complaint investigation conducted by John Hasty. No problems observed. NORTH CAROLINA DEPAR T N{E,-q T ©r= ENVIRONMENT AND NATURAL RESOURCES DIVISION OF 'PYA; ER FAYETTEVILLE RF—GIOoNAL On- IC August 21, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attention: Mr. Glen Davis Brown's of Carolina P.O. Box 487 Warsaw, NC 2.8398 Subject: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT Administrative Code 15A NCAC 214 .0217 Brown's of Carolina Farm # 91 Facility No. 09-11 Permit No. AWS090011 Bladen County Dear Mr. Davis: 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 August 9, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of your swine farm located in Bladen County. During the inspection, a review of the waste application records revealed that plant available nitrogen (PAN) had been over applied on numerous pulls in excess of the CAWNIP. Pulls 41, #2, #3, 44,#6, 47, 48, 49, #10 and #I I had over application amounts of 54, 95, 113, 71, 35, 55, 10, 18, 106, and 143 pounds respectively. 225 GREEN STREET, SUITS 714 1 SYSTEL OLD. FAYETTEVILLE. NORTH CAFROLI NA .29301-SOA3 PHONE 910-4135.1541 FA% 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0/13% POST -CONSUMER PAPER Mr. Glen Davis August 21, 2000 Page 2 The Division of Water Quality requests that the following items be addressed: 1. Follow the CAWMP in regards to the PAN to be applied to crops. 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 clay per violation. You are hereby notified that the Fayetteville Regional Office ofthe Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the failure of this farm to comply with the plant available nitrogen rates (PAN) in the CAWMP for the specified crops (small grain). If you have an explanation for this violation that you wish to present, please respond to this office by September 15 2000. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, you explanation vAll 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 myself or Mr. John Hasty, Environmental Specialist, at (910) 4$6-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor cc: Sue Homewood - Compliance Group Sam Warren - Bladen Co. N -RCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh y State of North Carolina Department of Environment, Health and Natural Resources • Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDIEHNF;Z DIVISION OF WATER QUALITY August 12, 1996 Mr. Jimmy Vinson Brown's of Carolina PO Box 487 Warsaw, NC 28398-0482 SUBJECT: NOTICE OF VIOLATION Failure to Follow Waste Management Plan As Per 15A >rCAC 2H. 0217(d) Brown's of Carolina Bladen County Dear Mr. Vinson: This letter transmits a Notice of Violation for failing to follow the Waste Management Plan for Brown's of Carolina (BOC) Farm No. 91. This is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). On July 10, 1996, the Fayetteville Regional Office was contacted by a local citizen concerning waste management practices at the BOC Farm No, 91. The citizen alleged that waste liquid was being applied in a manner that allowed the liquid to flow off of land application fields. Water Quality regional staff responded to the complaint that day and performed a site visit of the subject farm. Upon arrival at the farm, regional staff contacted Ms. Phyllis Kenlaw, Assistant Farming Director, and inquired of the land application activities that had been ongoing that day. Ms. Kenlaw introduced Mr. Tory Gross and indicated that he was the complex manager and would have the necessary information. Ms. Kenlaw indicated that the area of concern had been irrigated earlier that day. Based on irrigation records provided by Mr. Gross, application began at 11:19 a.m. and was halted at 12:19 p.m. Mr. Gross was able to produce the records without delay and is commended for his up-to-date record keeping - Wachovia Bullding, Suite 714, Fayetteville FAX 910-486-0707 North Carollno 28301-5043 NOC An Equal Opportunity AfflmwWe Action Employer Voice 910,486-1541 50% recycled/ 10% post -consumer paper W. Jimmy Vinson Page 2 August 12, 1996 Ms. Kenlaw then allowed Water Quality staff to inspect the area of concern. The area was two (2) small fields near the complainant's property line. The fields were found to be approximately three- fourths to one acre in size with only two (2) irrigation heads in each. Observations revealed that cover crop was patchy and that waste had ponded on several areas of the field. Apparently the waste had been applied in a manner and rate that allowed wastewater to flow to a low area between the fields. The waste was observed to have flowed from the low area through a culvert into a small drainage feature near the field. While the waste was traced to that area, it was -n&l observed to have entered waters of the State. Samples were taken of the liquid that had pooled in the small drainage feature. Sample results of biochemical oxygen demand (BOD) 175 MG/L and fecal coliform 5000/100 ML confirmed presence of waste. A review of the Waste Utilization Plan for the farm contains, in part, the provision "Do not apply waste to saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters". Based on the above observations, it is the findings of this office that Brown's of Carolina applied waste in a manner that allowed runoff and thereby failed to follow the certified plan. You are asked to reevaluate the loading rates for the soil types and cover crops to prevent such similar occurrences in the future. It is also suggested that the entire Waste Utilization Plan be reevaluated to insure that current land application practices are incorporated_ Failure to comply with these rules can result in civil and/or criminal penalties or the facility may be required to apply for an individual nondischarge permit. For your information, one copy of the State regulations is enclosed. Within thirty days of receipt of this notice, you are asked to notify this office in writing of what modification(s) have been made to the plan that specifically outlines safeguards for preventing future runoff of wastewater from the farm and what actions have been taken to implement such safeguards. A copy of the modified plan should also be submitted indicating what sections have been modified. If you have any questions concerning this matter, please do not hesitate to contact W. Mike Wicker, P.E., Regional Water Quality Supervisor, Fayetteville Regional Office, at 910-486-1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/bs cc: Sam Warren, Bladen Co Soil and Water Conservation District Steve Bermett, Regional Coordinator, NC DSWC Chris Wallings, DSWC Bladen County Health Department Compliance/Enforcement File m V SENDER: ■Complete items t and/or z for additional services. - I also wish to receive the -: W ■Complete items 3,4a, and 4b. following services jfor an m ■ Print your name and address on the reverse of this form so that we can retum this extra fee): m■Attach card to you. this form to the front of thewnaiipi". or on the back d space does not 1. L1 Addressee's Address m pe". ■write•Retum Receipt Requested• on the mailpieoebelow the article number. 2. ❑ Restricted Delivery m to X ■The Return Receipt will show to whom the article was delivered and the date .. = delivered- Consult postmaster for fee. a , o 3- Article Addressed to: 4a. Article Number m t m m z 016 151 060 r< - CL E MR JIM HY VINSO i 4b. Service Type 0 BROWN'S OF CAROLINA ❑ Registered Certified . cccn PO BOX 487 ❑ Express Mail ❑ Insured c ;- ;c WARSAW NC 28398-0482 ❑ RetumReceipt for Merchandise ❑ COD 7. Date of Delivry 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) r 6. Signature: (Addressee or Agent) � y��} to PS Form 3811, December 1994 Domestic Return Receipt State of North Carolina Department of Environment, Health and Natural Resources F?wu Fayetteville Reglonal Office James B. Hunt, Jr., Governor E31HHNF;Z Jonathan B. Howes, Secretary DMSION OF WATER QUALTI'Y August 12, 1996 6o)- i r g r r "I_ +_W r 1:_cIrl 6 1 _1..1 W. Jimmy Vinson Brown's of Carolina PO Boa 487 Warsaw, NC 28398-0482 SUBJECT: NOTICE OF VIOLATION Failure to Follow Waste Management Plan As Per 15A NCAC 211. 0217(d) Brown's of Carolina Bladen County Dear Mr. Vinson: This letter transmits a Notice of Violation for failing to follow the Waste Management Plan for Brown's of Carolina (BOC) Farre No. 91. This is a violation of Title ISA of the North Carolina Administrative Code, Chapter 2, Subchapter 211, Section .0217(d). On July 10, 1996, the Fayetteville Regional Office was contacted by a local citizen concerning waste management practices at the BOC Farm No. 91. The citizen alleged that waste liquid was being applied in a manner that allowed the liquid to flow off of land application fields. Water Quality regional staff responded to the complaint that day and performed a site visit of the subject farm. Upon arrival at the farm, regional staff contacted Ms. Phyllis Kenlaw, Assistant Farming Director, and inquired of the land application activities that had been ongoing that day. Ms. Kenlaw introduced Mr. Tory Gross and indicated that he was the complex manager and would have the necessary information. Ms. Kenlaw indicated that the area of concern had been irrigated earlier that day. Based on irrigation records provided by Mr. Gross, application began at 11:19 a.m. and was halted at 12;19 p.m. Mr. Gross was able to produce the records without delay and is commended for his up-to-date record keeping. Wachovia Building, Suite 714, Fayetteville�T FAX 910-486-0707 North Carolina 28301-5043 COW An Equal Opportunity AMM -Mauve Action Employer Voice 910486-1541 5016 recycled/ 10% post -consumer paper Mr. Jimmy Vinson Page 2 August 12, 1996 Ms. Kenlaw then allowed Water Quality staff to inspect the area of concern. The area was two (2) small fields near the complainant's property line. The fields were found to be approximately three- fourths to one acre in size with only two (2) irrigation heads in each. Observations revealed that cover crop was patchy and that waste had ponded on several areas of the field. Apparently the waste had been applied in a manner and rate that allowed wastewater to flow to a low area between the fields. The waste was observed to have flowed from the low area through a culvert into a small drainage feature near the field. While the waste was traced to that area, it was not observed to have entered waters of the State. Samples were taken of the liquid that had pooled in the small drainage feature. Sample results of biochemical oxygen demand (BOD) 175 MG/L and fecal coliform 5000/100 ML confirmed presence of waste. A review of the Waste Utilization Plan for the farm contains, in part, the provision "Do not apply waste to saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters". Based on the above observations, it is the findings of this office that Brown's of Carolina applied waste in a manner that allowed runoff and thereby failed to follow the certified plan. You are asked to reevaluate the loading rates for the soil types and cover crops to prevent such similar occurrences in the future. It is also suggested that the entire Waste Utilization Plan be reevaluated to insure that current land application practices are incorporated. Failure to comply with these rules can result in civil and/or criminal penalties or the facility may be required to apply for an individual nondischarge permit. For your information, one copy of the State regulations is enclosed. Within thirty days of receipt of this notice, you are asked to notify this office in writing of what modification(s) have been made to the plan that specifically outlines safeguards for preventing future runoff of wastewater from the farm and what actions have been taken to implement such safeguards. A copy of the modified plan should also be submitted indicating what sections have been modified. If you have any questions concerning this matter, please do not hesitate to contact Mr. Mike Wicker, P.E., Regional Water Quality Supervisor, Fayetteville Regional Office, at 910-486-1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/bs cc: Sam Warren, Bladen Co Soil and Water Conservation District Steve Bermett, Regional Coordinator, NC DSWC Chris Wallings, DSWC Bladen County Health Department Compliance/Enforcement File State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Brown's of Carolina Inc Bladen Springs Farm (BOC 91) P.O. Box 487 Warsaw NC 28398 C)EHNR November 12, 1996 SUBJECT: Operator In Charge Designation Facility: Bladen Springs Farm (BOC 91) Facility ID#: 9-11 Bladen County Dear Farm Owner: pZ Pla-11167 rNov 12 1996 ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 9191733-0026. Sincerely, i Y � A. Preston Howard, Jr., rs._, director Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, NvA) FAX 919-715-3060 Raleigh, North Carolina 27611 7687An Equal Opportunity/Aifirma#ive Action Employer Voice 919-715-4100 2 L7t P Mla 50% recycled/10% post -consumer paper State of North CarolinaANIWIWA Department of Environment ? NOV 1 4 2001 � • and Natural Resources Division of Water Quality Michael F. Easley, Governor N ' DEN R William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director STH CARouNA DEPARTMENT or ENVIRONMENT AND NiTURAL RSouRCES November 2, 2001 Mr. Don Butler, Director CERTIFIED MAIL Government Relations & Public Affairs RETURN RECEIPT REQUESTED Murphy -Brown LLC Post Office Box 856 Warsaw, NC 28398 SUBJECT: Permit Violations — August 2000 Farm 91 File No. PC 01-004 Dear Mr. Butler: Under the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I considered the factors related to the nitrogen overapplication violations that were noted at Farm 91 during the August 2000 inspection. I have decided not to assess a civil penalty since the violations were a result of the company's efforts to deal with high freeboard levels caused by rainfall during Hurricanes Dennis, Floyd, and Irene. This case is now officially closed. The Division of Water Quality appreciates your efforts to operate your farm in accordance with state laws and regulations. Please emphasize to the company's employees and contract growers the importance of lowering lagoon levels in anticipation of future hurricane seasons. Sincerely. Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit cc: PaulRawlss,, Fayetteville Regional Supervisor John Hasty, FRO File # PC 01-004 Central Files Alailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N_ Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01 -01 Raleigh, NC 27699-1617 An Equal Opporrunin. /Affirmative Action Employer 50% ren-cled / 10% post -consumer paper http://h1o. enr.state.n c_ las State of North Carolina Department of Environment - -- ` • and Natural Resources s NOV 4 ZOOI���, Division of Water Quality Michael F. Easley, Governor ' _ f .-- N C D EN R William G. Ross Jr., Secretary �� - Gregory J. Thorpe, Ph.D., Acting Director ►wrrH cARoumA DEPARTMENT OF ENVIRONMENT AND 14ATURAL RF-S RCES November 2, 2001 Mr. Don Butler, Director CERTIFIED MAIL Government Relations & Public Affairs RETURN RECEIPT REQUESTED Murphy-Brown LLC Post Office Box 856 Warsaw, NC 28398 SUBJECT: Permit Violations — August 2000 Farm 91 File No_ PC 01-004 Dear Mr. Butler: Under the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I considered the factors related to the nitrogen overapplication violations that were noted at Farm 91 during the August 2000 inspection. I have decided not to assess a civil penalty since the violations were a result of the company's efforts to deal with high freeboard levels caused by rainfall during Hurricanes Dennis, Floyd, and Irene- This case is now officially closed. The Division of Water Quality appreciates your efforts to operate your farm in accordance with state laws and regulations. Please emphasize to the company's employees and contract growers the importance of lowering lagoon levels in anticipation of future hurricane seasons. Sincerely, Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit cc: Paul Rawls, Fayetteville Regional Supervisor Joht%1-lasty.:FRO) File # PC 01-004 Central Files Nailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617 An Equal OpporrunirylAfferntative.-;ction Employer 50% recycled/ 109r post -consumer paper h ttp: //lr2o_ en r.state. nc. its