090048_ENFORCEMENT_20171231

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FAMILY VENTURES LLC R-FAYETIEULLEREGIONALOFFICE
PO Box 1139 Wallace, NC 28466
May 4, 2010
Mr. Steve Guyton
NC Division of Water Quality
225 Green St. Suite 714
Fayetteville, NC 28301
Re: NOD response letter for high freeboard level at facility # 09-048 Lisbon 1 farm.
Dear Mr. Guyton,
This letter is being sent in response to a Notice of Deficiency issued by your office to Lisbon 1 farms
Inc. in Bladen County managed by Murphy -Brown LLC.
As noted in the letter of notice, the lagoon level was self reported as being out of compliance and a 30
day Plan of Action (POA) was submitted to your office. On September 25, the Lisbon 1 lagoon was
pumped down to the stop pump level (43.68"). From September 25`h until the lagoon was reported out
of compliance on January 22, 2010, we received a total of 23.4" of rainfall with two events totaling more
than 4". With soil conditions being saturated, we were unable to keep the lagoons in compliance.
Murphy -Brown elected to transfer effluent from Lisbon 1 to the Frenches Creek sow farm to keep the
lagoon level from reaching structural. Effluent was hauled until field conditions allowed on site
application. The lagoon was reported back in compliance on 3/23/2010.
Murphy -Brown LLC is committed to environmental stewardship, and we feel that we
addressed the freeboard level with proper planning and execution while following our permit
requirements. Should you have any other concerns about this issue please do not hesitate to contact
me at 910-293-9364 ext 241.
Sincerely, In `;l� p
Michael Norris
Environmental Resource Specialist
Murphy Brown LLC

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
April 27, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Lisbon l Farms Inc.
PO Box 1139
Wallace. NC 28466-1139
Subject: NOTICE OF DEFICIENCY
Lisbon Sow Farm 19 Facility #09-48
AWS090048
Bladen County
NOD -2010 -PC -0512/ Incident No. 201000219
To Whom It May Concern:
On January 22, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Michael Norris of a high freeboard level in the lagoon 1. We wish to thank Mr.
Norris for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under. as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000.
On January 22, 2010 a lagoon/storage pond level was documented at 19 inches in lagoon 1. A level of
19.5 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality Internet. www.ncwaterauality-orct
225 Green St., Ste. 714 Phone: [phone]
Fayetteville, NC 28301 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recyded110% Post Consumer Paper
Nor thCarolina
Naturallff

Lisbon 1 Farms Inc.
April 27, 2010
Page 2
Required Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence.
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above deficiency and to provide a
written response to this Notice within 30 days of receipt of this letter. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc : Keith Larick CAFO Unit
Bladen County Soil and Water Conservation District
NCDS WC -FRO
FRO Compliance Animal Files

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Lisbon I Farms, Inc.
P.O. Box 759
Rose Hill, NC 28458
Dear Sir or Madam:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 16, 2003
Subject: Inadequate Freeboard
.No Further Action
Lisbon Sow Farm #1
#9-48
Bladen County
Alan W. Klimek, P.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville
Regional Office has determined that an NOV is appropriate due to freeboard in the structural
range and unsatisfactory operation and maintenance of this facilities waste treatment system.
According to records you submitted this facility had a freeboard of 11 inches on April 14, 2003.
Additionally waste applications were made to the Matua crop outside of the designated time
frame of the Waste Utilization Plan. The windows for Matua are March through August 31,
September 15 through October, and February through March again. The farm has records
indicating five applications in November of 2002, four in December of 2002, and three in
January of 2003. Enclosed with this mailing is a copy of the pertinent portion of the WUP for
this farm. Please adhere to the application dates for the appropriate crop.
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: Mailing Address. Telephone: [phone]
1 800 623-7748 1617 Mail Service Center t=ax [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal opportunity 1 Affirmative Action Employer
50% recycled ! 10% post -consumer paper
http://h2o.enr.state.nc.us
ZEA
Location:
512 N. Salisbury St.
Raleigh, NC 27 699-1 61 7

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.
7ely
Paul E. Rawls
Regional Water Quality Supervisor
CC: File 09-48
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Lisbon 1 Farms, Inc.
P_O. Box 759
Rose Hill, NC 28458
Dear Sir or Madam:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 16, 2003
Subject: Inadequate Freeboard
No Further Action
Lisbon Sow Farm #1
#9-48
Bladen County
Alan W. Klimek, P.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville
Regional Office has determined that an NOV is appropriate due to freeboard in the structural
range and unsatisfactory operation and maintenance of this facilities waste treatment system_
According to records you submitted this facility had a freeboard of 11 inches on April 14, 2003.
Additionally waste applications were made to the Matua crop outside of the designated time
frame of the Waste Utilization Plan. The windows for Matua are March through August 31,
September 15 through October, and February through March again. The farm has records
indicating five applications in November of 2002, four in December of 2002, and three in
January of 2003. Enclosed with this mailing is a copy of the pertinent portion of the WUP for
this farm_ Please adhere to the application dates for the appropriate crop.
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: Mailing Address: Telephone: [phone] Location- -
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01 -01 Raleigh, NC 27699-1617
An Equal Opportunity/ Affirmative Action Employer
50% recycled / 10% post -consumer paper
httpJ/h2o.enr.state.nc.us

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.
ely
Paul E. Rawls
Regional Water Quality Supervisor
CC: File 09-48
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

FAM I L Y FARMS
March 27, 2000
NCDENR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notice of Violation for Faa t -Number 09-48 Lisbon Sow
Dear Mr. Rawls:
In response to your March 21-, 2000 letter concerning the February 9t' visit by Mr. Jefffp
Brown of your staff, please consider the following:
1. You stated that "Wastewater was observed ponded in portions of one spray field..."
From conversations after the fact with Mr. Brown, we determined that this was from
the area of Pull #11 beside the brick home. This area had just been irrigated that
morning, so with Mr. Brown inspecting right after lunch, he would have noticed
some temporary ponding. This is normal for this clay -type soil. Pull #11 does not
connect to nor does it drain to any waterway or ditch. The application was a
moderate depth of only 0.46 -inch (see attached irrigation records). Therefore, due
to the slow infiltration rate of the soil causing some temporary ponding immediately
after application and since the field contained all that was applied, this is not a
violation;
2. You stated that "Wastewater was observed ponded in ... the vegetated waterway
within the field, areas outside of the spray pattern being used for waste
application." Technical Specialist Kraig Westerbeek has verified that the waterway
is part of the spray field and according to Best Management Practices should be
irrigated on to maintain adequate vegetation. Since December 1999 only one
application was made across the vegetated waterway on the 1 ' of February, eight
days prior to the inspection. That application was 0.45 -inch on Pull 414. When
irrigating across this waterway, as an extra precaution, the spray pattern of the gun
is adjusted just before and again just after the waterway so that we do not spray
directly onto the waterway. After the inspector left the farm and phoned our
corporate office, the OIC and his supervisor blocked the waterway that afternoon
as requested but could find no evidence of wastewater in the waterway;
3. Supervisor Walt Burney explained on the phone to Mr. Brown after he left that the
only liquid that could be in that waterway was from a spring -fed pond on the high
end of the spray field that he had just pumped completely out through the waterway
on February 7"' & 8. He explained that he does this twice a year to keep the pond
from continuously wetting the field. He told the inspector that this had to be the
source of any water in the waterway;
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

4. You stated that "Wastewater was also observed in an area adjacent to the stream
directly behind the back spray field (field with cemetery)." This wastewater migrated
overnight from the higher middle to the lower end of the spray field from an
application the afternoon of February 8'. On Pull #3 a 0.49 -inch application was
made. We acknowledge that wastewater did accumulate on the lower, wetter end
of this field but all was contained and pumped back onto the higher, drier middle
within 12 hours per your request. The area in question was approximately 30 feet
long by 15 feet wide with less than two inches of water. In fact, several holes had to
be dug in order to slowly collect and pump the water. This area is within the spray
field and separated from the stream by more than 100 feet of a natural vegetation
buffer. Walt Burney's thorough inspection of the area around the spray field and
buffer area the same afternoon as the inspection yielded no signs of runoff beyond
the spray field;
5. Since the inspector phoned our corporate office after leaving the site, no adequate
attempt was made to allow a Murphy representative the opportunity to discuss on-
site the findings or see and sample whatever the inspector saw, even though our
OIC was somewhere on-site and farm managers and staff were in the two offices
on-site;
6. At no time did application rates exceed the Plant Available Nitrogen rate.
We will carefully monitor applications to the low end of the back field and limit those to
times of the driest soil conditions possible.
In light of these facts, we respectfully ask you to reconsider this issuance. Thank you for
your cooperation.
If you have any questions or concerns please contact John Bizic or Kraig Westerbeek at
910-289-6439.
Sincerely,
4ohn Bizi
Land and Nutrient Manager
Cc: Garth Boyd
Jeff Turner
Walt Burney
Sonya Avent — DWQ Compliance Group
Sam Warren — Bladen NRCS

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 18, 2000
Murphy Family Farms
Attn.: Garth Boyd
P.O. Box 759
Rose Hill, NC 28458
SUBJECT: Request for NOV Rescission
Pen -nit No. AWS 090048
Lisbon Sow Farm # 1 & #2
Facility N. 09 - 48
Bladen County
Dear Mr. Boyd:
On March 30, 2000, staff from the Division of Water Quality at the
Fayetteville Regional Office received a response from John Bizic for Murphy
Family Farms in regards to the subject facility. A site visit was made to the
facility on March 31, 2000 to discuss the incident from February 9th in detail with
an on-site representative. The information submitted by Mr. Bizic was reviewed
`t to determine if a rescission of the Notice of Violation was in order. Each item has
been addressed according to the number in Mr. Bizic's letter:
-.,5. a"'Ge',S rk i
1. Mr. Bizic makes reference to Pull #11, beside the brick home, in his response
to wastewater being ponded in the waterway. This area of the waste application
field was not inspected on February 9, 2000. Wastewater was observed on the
other side of the farm path, areas within and surrounding Pulls #7 and #8. It was
pointed out to Walt Burney, the on-site representative on March 31, exactly where
wastewater was observed ponded.
2. Once again, Mr. Bizic makes reference to an area that was not inspected on
February 9th. At the time of the site visit, the irrigation reel appeared to be
connected to either Hydrant #7 or #8. Wastewater was observed in the waterway
at least two hydrants below the hydrant in which the irrigation reel was connected.
Ar36!_!r'A
-2 0 1 0
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POSTCONSUMER PAPER
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.in;-:1AMES :'HUNT
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 18, 2000
Murphy Family Farms
Attn.: Garth Boyd
P.O. Box 759
Rose Hill, NC 28458
SUBJECT: Request for NOV Rescission
Pen -nit No. AWS 090048
Lisbon Sow Farm # 1 & #2
Facility N. 09 - 48
Bladen County
Dear Mr. Boyd:
On March 30, 2000, staff from the Division of Water Quality at the
Fayetteville Regional Office received a response from John Bizic for Murphy
Family Farms in regards to the subject facility. A site visit was made to the
facility on March 31, 2000 to discuss the incident from February 9th in detail with
an on-site representative. The information submitted by Mr. Bizic was reviewed
`t to determine if a rescission of the Notice of Violation was in order. Each item has
been addressed according to the number in Mr. Bizic's letter:
-.,5. a"'Ge',S rk i
1. Mr. Bizic makes reference to Pull #11, beside the brick home, in his response
to wastewater being ponded in the waterway. This area of the waste application
field was not inspected on February 9, 2000. Wastewater was observed on the
other side of the farm path, areas within and surrounding Pulls #7 and #8. It was
pointed out to Walt Burney, the on-site representative on March 31, exactly where
wastewater was observed ponded.
2. Once again, Mr. Bizic makes reference to an area that was not inspected on
February 9th. At the time of the site visit, the irrigation reel appeared to be
connected to either Hydrant #7 or #8. Wastewater was observed in the waterway
at least two hydrants below the hydrant in which the irrigation reel was connected.
Ar36!_!r'A
-2 0 1 0
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POSTCONSUMER PAPER

Page 2
Lisbon Sow Farm # 1 & #2
April 18, 2000
The waterway which contained the ponded wastewater as referenced in the Notice of Violation was
not inspected by farm personnel according to Mr. Bizic's letter. Farm personnel blocked the
waterway, in the field on the other side of the farm path, instead of the waterway in which
wastewater was identified in.
3. The area in which the spring -fed pond is pumped out twice a year was pointed out to the inspector
by Mr. Burney during the site visit made on March 31. However, this is across the farm path in
which wastewater was observed ponded in the waterway.
4. Mr. Bizic states that "wastewater did accumulate on the lower, wetter end" and "the inspection
yielded no signs of runoff beyond the spray field." However, it was pointed out to Mr. Burney from
a review of the photographs taken on the 9th of February where wastewater was ponded. Mr.
Burney agreed that this area in question was clearly not a portion of the spray field. The area in
which wastewater was ponded was obviously greater than 2 inches in depth and well within 100 feet
of the stream. Wastewater was once again observed ponded along the field border during the March
31 site visit.
5. An attempt was made to talk with someone on the farm site. A site visit was made to both farms,
however the OIC or other outside employees were not identified as being on the farm site.
Therefore, the corporate office was contacted. Due to time constraints on that particular day, staff
from DWQ was unable to spend the additional time to make contact with an on-site representative.
6. Although application rates did not exceed the Plant Available Nitrogen rate, it did indeed exceed
the soil infiltration rate. As a result, wastewater left the spray field, which is a violation of the
Certified Animal Waste Management Plan and the General Permit.
After a review of the information submitted, the Division of Water Quality has determined
that the Notice of Violation was appropriate for the observations made by staff from our office on
February 9, 2000. If you have any questions regarding this letter, please do not hesitate to contact
Mr. Jeffery Brown, Environmental Engineer or myself at [phone].
Si e y,
E. awls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Trent Allen- DSWC Fayetteville Office
Central Files - Raleigh
Sam Warren - Bladen Co. NRCS
Coleen Sullins - Water Quality Section Chief
Dennis Ramsey - Non -Discharge Branch

t s. t /r •7€
flF : i 21-.1
-, rr
F AM t L Y F A R M S
March 27, 2000
NCDENR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notice of Violation for Facility Number 09-48 Lisbon Sow
Dear Mr. Rawls:
'k1.T
In response to your March 21, 2000 letter concerning the February 9th visit by Mr. Je cff€ep�
Brown of your staff, please consider the following:
1. You stated that "Wastewater was observed ponded in portions of one spray field..."
From conversations after the fact with Mr. Brown, we determined that this was from
the area of Pull #11 beside the brick home. This area had just been irrigated that
morning, so with Mr. Brown inspecting right after lunch, he would have noticed
some temporary ponding. This is normal for this clay -type soil. Pull #11 does not
connect to nor does it drain to any waterway or ditch. The application was a
moderate depth of only 0.46 -inch (see attached irrigation records). Therefore, due
to the slow infiltration rate of the soil causing some temporary ponding immediately
after application and since the field contained all that was applied, this is not a
violation;
2. You stated that "Wastewater was observed ponded in...the vegetated waterway
within the field, areas outside of the spray pattern being used for waste
application." Technical Specialist Kraig Westerbeek has verified that the waterway
is part of the spray field and according to Best Management Practices should be
irrigated on to maintain adequate vegetation. Since December 1999 only one
application was made across the vegetated waterway on the 11 of February, eight
days prior to the inspection. That application was 0.45 -inch on Pull #14. When
irrigating across this waterway, as an extra precaution, the spray pattern of the gun
is adjusted just before and again just after the waterway so that we do not spray
directly onto the waterway. After the inspector left the farm and phoned our
corporate office, the OIC and his supervisor blocked the waterway that afternoon
as requested but could find no evidence of wastewater in the waterway;
3. Supervisor Walt Burney explained on the phone to Mr. Brown after he left that the
only liquid that could be in that waterway was from a spring -fed pond on the high
end of the spray field that he had just pumped completely out through the waterway
on February 7'h & 8th. He explained that he does this twice a year to keep the pond
from continuously wetting the field. He told the inspector that this had to be the
source of any water in the waterway;
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

4. You stated that "Wastewater was also observed in an area adjacent to the stream
directly behind the back spray field (field with cemetery)." This wastewater migrated
overnight from the higher middle to the lower end of the spray field from an
application the afternoon of February 8h. On Pull #3 a 0.49 -inch application was
made. We acknowledge that wastewater did accumulate on the lower, wetter end
of this field but all was contained and pumped back onto the higher, drier middle
within 12 hours per your request. The area in question was approximately 30 feet
long by 15 feet wide with less than two inches of water. In fact, several holes had to
be dug in order to slowly collect and pump the water. This area is within the spray
field and separated from the stream by more than 100 feet of a natural vegetation
buffer. Walt Burney's thorough inspection of the area around the spray field and
buffer area the same afternoon as the inspection yielded no signs of runoff beyond
the spray field;
5. Since the inspector phoned our corporate office after leaving the site, no adequate
attempt was made to allow a Murphy representative the opportunity to discuss on-
site the findings or see and sample whatever the inspector saw, even though our
OIC was somewhere on-site and farm managers and staff were in the two offices
on-site;
6. At no time did application rates exceed the Plant Available Nitrogen rate.
We will carefully monitor applications to the low end of the back field and limit those to
times of the driest soil conditions possible.
In light of these facts, we respectfully ask you to reconsider this issuance. Thank you for
your cooperation.
If you have any questions or concerns please contact John Bizic or Kraig Westerbeek at
910-289-6439.
Sincerely,
1�'ohn Bizi
Land and Nutrient Manager
Cc: Garth Boyd
Jeff Turner
Walt Burney
Sonya Avent — DWQ Compliance Group
Sam Warren — Bladen NRCS
C' C�'

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
.JAMES.:8 Hurn JR..,.
April 18, 2000
,..GOVERNDfi =-
s"` "O""A"
CERTIFIED MAIL
' _:`SECRETARY
RETURN RECEIPT REQUESTED
' m�' -
Murphy Family Farms
'KERR T. STEYE43
Attn.: Garth Boyd
_ "DIRECTOR fy x.a>
P.O. Box 759
rty, r�
Rose Hill, NC 28458
SUBJECT: Request for NOV Rescission
w
Permit No. AWS 090048
Lisbon Sow Farm #1 & #2
.j s,kn
Facility N. 09 - 48
Bladen County
.
Dear Mr. Boyd:
1•p; .yam {
-
On March 30, 2000, staff from the Division of Water Quality at the
-
Fayetteville Regional Office received a response from John Bizic for Murphy
Family Farms in regards to the subject facility. A site visit was made to the
facility on March 31, 2000 to discuss the incident from February 9th in detail with
an on-site representative. The information submitted by Mr. Bizic was reviewed
. =',i =
to determine if a rescission of the Notice of Violation was in order. Each item has
been addressed according to the number in Mr. Bizic's letter:
1. Mr. Bizic makes reference to Pull #11, beside the brick home, in his response
»f
`
to wastewater being ponded in the waterway. This area of the waste application
a��,.
field was not inspected on February 9, 2000. Wastewater was observed on the
r� 3`
other side of the farm path, areas within and surrounding Pulls #7 and #8. It was
pointed out to Walt Burney, the on-site representative on March 31, exactly where
wastewater was observed ponded.
=.
2. Once again, Mr. Bizic makes reference to an area that was not inspected on
February 9th. At the time of the site visit, the irrigation reel appeared to be
connected to either Hydrant #7 or #8. Wastewater was observed in the waterway
at least two hydrants below the hydrant in which the irrigation reel was connected.
Y
225 GREEN STREET, SUITE 714 / SYSTEL 9Lp- FAYETTEVILLE, NORTH CAROLINA 28304-5043
-, .y;_ •-,. .. miT�`rak ".�
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AF'KIRMATIVE ACTION EMPLOYER • 50% RECYCLED/10% POST -CONSUMER PAPER
_

Page 2
Lisbon Sow Farm #1 & #2
April 18, 2000
The waterway which contained the ponded wastewater as referenced in the Notice of Violation was
not inspected by farm personnel according to Mr. Bizic's letter. Farm personnel blocked the
waterway, in the field on the other side of the farm path, instead of the waterway in which
wastewater was identified in.
3. The area in which the spring -fed pond is pumped out twice a year was pointed out to the inspector
by Mr. Burney during the site visit made on March 31. However, this is across the farm path in
which wastewater was observed ponded in the waterway.
4. Mr. Bizic states that "wastewater did accumulate on the lower, wetter end" and "the inspection
yielded no signs of runoff beyond the spray field." However, it was pointed out to Mr. Burney from
a review of the photographs taken on the 9th of February where wastewater was ponded. Mr.
Burney agreed that this area in question was clearly not a portion of the spray field. The area in
which wastewater was ponded was obviously greater than 2 inches in depth and well within 100 feet
of the stream. Wastewater was once again observed ponded along the field border during the March
31 site visit.
5. An attempt was made to talk with someone on the farm site. A site visit was made to both farms,
however the OIC or other outside employees were not identified as being on the farm site.
Therefore, the corporate office was contacted. Due to time constraints on that particular day, staff
from DWQ was unable to spend the additional time to make contact with an on-site representative.
6. Although application rates did not exceed the Plant Available Nitrogen rate, it did indeed exceed
the soil infiltration rate. As a result, wastewater left the spray field, which is a violation of the
Certified Animal Waste Management Plan and the General Permit.
After a review of the information submitted, the Division of Water Quality has determined
that the Notice of Violation was appropriate for the observations made by staff from our office on
February 9, 2000. If you have any questions regarding this letter, please do not hesitate to contact
Mr. Jeffery Brown, Environmental Engineer or myself at [phone].
Si e y,
E. awls
Regional Water Quality Supervisor
cc: -Sonya Avant - Compliance Group
Trent Allen- DSWC Fayetteville Office
Central Files - Raleigh
Sam Warren - Bladen Co. NRCS
Coleen Sullins - Water Quality Section Chief
Dennis Ramsey - Non -Discharge Branch
I

1 Vt '
F A M I L Y F A R M 5
September 8, 2000
NCDENR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notice of Violation for Facility Number 09-48 Lisbon Sow
Dear Mr. Rawls:
M
tu
In response to your August 22nd, 2000 letter concerning the August 17'h visit by Mr. Bob Heath of
your staff, the inspector noted "spray fields have a poor to non-existent stand of bermuda grass in
most of the fields and curly dock, mustard and wild grasses are dominant. This farm received a
NOV on April 9, 1998 for this specific problem." Please consider the following:
1) We acknowledge that in the spray fields there are spots where little bermuda grass is
growing. However, across the fields green summer grasses are growing and have been
baled and removed at a nitrogen rate greater than or equal to our applications. (See
attached irrigation and crop yield reports.)
2) In response to your concerns about these fields, we began clearing additional land in May
of this year. Wet weather has slowed the contractor, but our plan is to convert the least
productive bermuda fields to row crops and plant grass on the higher, drier land being
cleared. We project the land to be ready by November 151, weather permitting.
3) We received no NOVs for the bermuda quality during last year's inspections.
4) We have tentatively set up a meeting on October 4`h with Dr. Jim Green of NCSU, Regional
Agronomist Rick Morris, CES, and also invite your staff along with SWC to discuss what
can and should be done to improve bermuda stands on several farms in the Bladen area.
Kathy Dugan is organizing the agenda.
If you have any questions or concerns please contact John Bizic or Kraig Westerbeek at 910-289-
6439.
Sincerely,
61hn Bizlc
Land and Nutrient Manager
Cc: Garth Boyd, Jeff Turner, Kraig Westerbeek, Walt Burney
Sonya Avent — DWQ Compliance Group
Sam Warren — Bladen NRCS
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

1
CROP YIELD REPORT
One Form for Each Field per Crop Cycle
Farm Name Lisbon
Farm Code
Crop
Date
(11 (2) r31 rrll
' 7
(5) (G) (7) (B)
Field or
Routine
Number(s)
# Bushels
Harvested
(if applicable)
# Bales
(if applicable)
Tons of Yield
90o
(3) x Ave. Ib/bale
Total Field
Acres
Yield/Acre
(2) + (5) - Grain
(4) + (5) -Hay
N Removal
Rate
(from Nitrogen
Fertilization
Rates Table
Total Lb N
Removed/Acre
(7) x (G)
2000
leu U
/09
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Farm Name
Farm Code
Crop
Date
/S bon -M::
Qer,,, JoL
CROP YIELD REPORT
One Form for Each Field per Crop Cycle
r
a.
(1) (2) (3) 141 (5) (G) (7) (8)
Field or
routine
Number(s)
# Bushels
Harvested
(if applicable)
#Bales
(if applicable)
Tons of Yield
90�
(3) x Ave. lb/bale
2000
Total Field
Acfes
Yield/Acre
(2) _ (5) - Grain
(4) s (5) -Hay
N Removal
Rate
(from Nuogen
Fertilization
Rales Table
Total 1Lb N
Removed/Acre
(7) x (G)
a 7o
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153

f
1.
structure ID-
line m =
2
;00 3 Ib PAN
2.
Structure ID: �� 5 v� -
line m =
Q 5 lb PAN
3.
structure ID:
Zine m =
Ib PAN
4.
structure ID:
line m =
Ib PAN
5.
structure ID:
line m =
Ib PAN
5.
structure ID:
Iine m =
1b PAN
n.
lines 1+2=3+4+5+6 =
3 0
a In PAN
Ill. TOTAL
PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN
PERIOD.
DO NOT LIST FIELDS TO WHICH PAN
CAN NOT BE APPLIES DUPING
THIS 30 DAY PERIOD.
Q. tract +
P. fieIZI Y
q- cnopp
I (, acres
s. remaining
IRR -2 PAN
balance
I f ibracre)
t. TOTAL PAN u. application
BALANCE windo:v
FOR FIELD
column r z s
L,s i
I
z��• ,
9 t,9 1-
I
35 1 1 < <
19
-19
a 5
-7 a 3 3
90
a d o
� .39 3►
I
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I160
Li
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i t_:-�
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'Stale current crop endlnc applic�tion t e 1L?:F Ci%r c:�'NI C tICt: `?t�Irlrilr7G date lt�r aVaiianle (eCelirIPa G(Gp5
during 30 day dra kr, down period
v. Total PAN available for all fields (sum of column t);z- �% 33 Ib. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section II) _
PoA (30 Day) M1100 2
�� a Ib. PAN

MIR
- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES 1
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 22, 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 211 .0217
Lisbon Sow Farm # I & # 2
Facility Nos. 09-48
Bladen County
Dear Dr. Boyd:
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 17, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farms located off SR 1765 in Bladen County- The inspection revealed that
the spray fields have a poor to non-existent stand of bermuda grass in most
of the fields and curly dock, mustard and wild grasses are dominant. This
farm received a NOV on April 9, 1998 for this specific problem -
The Division of Water Quality requests that the following items be
addressed:
1, Have a crop specialist or other specialist knowledgeable in soils and
crops compatability evaluate the sprayfields, to determine if bermuda
grass is suitable for the soil conditions and what corrective actions are
necessary to improve the bermuda stand.
v
225 GREEN STREET, SUITE 714 / SYSTEL EILD- FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
JAMc9'B. HIJRIT JR -;;.s
GOVERNOR
-
r' X,
-BILL HOLMAN
--
,: `=SECRETARY
MIR
- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES 1
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 22, 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 211 .0217
Lisbon Sow Farm # I & # 2
Facility Nos. 09-48
Bladen County
Dear Dr. Boyd:
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 17, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farms located off SR 1765 in Bladen County- The inspection revealed that
the spray fields have a poor to non-existent stand of bermuda grass in most
of the fields and curly dock, mustard and wild grasses are dominant. This
farm received a NOV on April 9, 1998 for this specific problem -
The Division of Water Quality requests that the following items be
addressed:
1, Have a crop specialist or other specialist knowledgeable in soils and
crops compatability evaluate the sprayfields, to determine if bermuda
grass is suitable for the soil conditions and what corrective actions are
necessary to improve the bermuda stand.
v
225 GREEN STREET, SUITE 714 / SYSTEL EILD- FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Dr. Garth Boyd
August 22, 3000
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.
Please provide a written response to this office on or before September 15. 2000, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or NIr. Robert Heath, Environmental Specialist, at (9 10)
486-1541,
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonva Avant - Compliance Group
Sana Warren - Bladen Co. 14RCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
-
%
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonva Avant - Compliance Group
Sana Warren - Bladen Co. 14RCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh

oF w a L-11'RQc
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
L Akan W. Klimek, P.E. Director
Division of Water Quality
April 15, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Lisbon 1 Farms, Inc.
PO Box 759
Rose Hill NC 28458
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Lisbon Sow Farm #1
##9-48
Bladen County
Dear Sir or Madam:
A?R 2 3 2003
i
L1t
On February 28, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on November 10, 1997. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled 110% post -consumer paper
http://h2o. en r. sta te. nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
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 will 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 our Fayetteville Regional Office Staff at
[phone].
2anSinceLrel, W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

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