090060_ENFORCEMENT_20171231

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� North Carolina
Departrrler_t of E.nvirom-nent and Natural Resources sFIFWA 0
Division of Water Qualityr
Fayetteville Regional Office
NCDENR
Nfichael F. Easley, Governor
V4'iltiam G. Ross, Jr., Secretary
Kerr T. Stevens, Director
March 20, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randolph Smith
P.O. Box 452
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Long Branch Nursery Farm
Facility No. 09 - 60
Bladen County
Dear Mr. Smith:
On March 14, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
inspection of the Long Branch Nursery Farm in Bladen County. The inspection revealed that the farm needed acopyof
the lagoon design, and Best Management Plan (BMP) cheddist for Insect, Odor, and Mortality. In addition, the irrigation
system was in need of repair as a result of a recent coastal bermuda hay field fire which melted the solid set risers. Also,
the winter crop (small grain overseed) was not established.
The Division of Water Quality requests that the following items be addressed:
Contact an irrigation specials to repair the irrigation hydrants and to replace the sprinklers and certify the system.
2. Contact the local MRCS office (Sam Warren) for a copy of all lagoon design information to include storage
calculations and as built drawings and a copy of the BMP cheddist for insect, odor, and mortality.
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
RFHIbh
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Sam Warren - Bladen County NRCS
John Bizic - Murphy Farms
225 GREEN STREET— SUITE 7141 SYSTEL BUILDING/ FAYETTEVILLE, NC 28301-5043
PHONE {910}.3$6-1541 FAX [phone] A!6 ' ' . �/ y
AN EQUAL OPPORTUNITY/ AFFI MATIVE ACTION EMPLOYER— 50°le RECYCLED/10% POSTCONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

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Type of Visit' ! Corripliance-Inspection ,Q'Operation Revie"W'' Lagoon Evaluatiar: ; s
x
Reason for Visit ®Routine O Complaint Q Follow up O Ernerger�cy Notification Q Other, Denied Access
�{
. ,. '" ' '• Date'of.Visit 1 6 Terre 'F 1_A_: �_ff _1
Facility Number Q. -
- t'`_ '�''. � O•NotO'"'rational`.Qllielow'iitr+eshold=-' � '
Q Permitted ® Certified. 13 Conditionally Certified Registered Date Last Operated or Above Threshold
Farm Name: County
Owner Name: :...- t�_'. Phone No:' :ff
Facility Contact. ...::... 4r�.._-•-•.........Title:..:............._......................--•---............ _n
Phone No:
Mani Address _- ......... ........._ _-77 -
Onsite Representative , 7 *- c'�-. �5 .......-•---,------- integrator ..• � ..I� ---- ..
- - ><
Certified Operator: ...... ..? J� -�. _ ... .. Operator Certification Number:
Location'.of Farm:
❑ Swine ❑ Poultry ❑Cattle ❑ Horse Latitude �• �° �"
Longitude..0�`"
Nummber of Lagno>as r [ f t Subsurface Drains Present ❑Lagoon Arta,
� H©iding Ponds'I�Sohd Traps': ]'r , « No Liquid Waste Management System
.-+?:".-:'. ��-,-.�-•�...::-ter .'%,i7c. i -�
Spray Field Mea
- s �
` � � `
_--..�r f �
-
,
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
❑ Yes ;MNo
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
❑ Yes No
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ)
[] Yes ATNo
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
❑ Yes' AM No
2. Is there evidence of past discharge from any part of the operation?
❑ Yes k No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes EjNo
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
❑ Yes kNo
Structure Structure 2 Structure 3 Structure 4 Structure 5
Structure 6
Identifier. ..............................
Freeboard (inches):

Facility Number: Q f — d6 Date of Inspection
0 Printed on: 1/9/2001
5. Are there anykimmediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ YesA�_No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes allo
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public. health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes allo
8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes El No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes -KrNo
Waste Aonlication
10. Are there any buffers.that need maintenance/improvement? ❑ Yes [�No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes C"No
12. Crop type 6,6e ..t ds
13. Do the -receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes .g] No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes No
b) Does the facility need a wettable acre determination? ❑ Yes No
c) This facility is pended for a wettable acre determination? ❑ Yes No
I5. Does the receiving crop need improvement? [XYes 90PNo
16. Is there a lack of adequate waste application equipment? jyYes ❑ No
Required Records & Documents
17. Fail to have Certificates of Coverage & General Permit rdadily available?
18. Does the f "1 have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP c `" fists, esign, aps, etc.)
19. Does record keing need improvement? (ie/ irrigation, freeboard, waste ana yr sis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regionaWQ of emergency situations as required by General Permit?
(ie/ discharge, freebo problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
Q yj01•i304Aser- atflclendes •wore hOte# 0 g tMs.visi4, Yoir wi•treegiye t¢o fiotier' -
correspo�ideace: about this visit'
❑ Yes &No
MYes ❑ No
❑ Yes ® No
❑ Yes ;MNo
❑ Yes (*io
❑ Yes E!fNo
❑ Yes M No
❑ Yes ANO
❑ Yes W No
�� '*�„' i{ �t s'k:dr' S x' .rt 1 ra"`5-:Nf-"-w k.. Y. ^�YtFJ '?' Rk' �!ii!*✓--.hx-5- � '"�e:5�? il`1uµ:,r �l� .�tF1�!"1':'wT�C•...
Gu�ads (refer ba gneshon #) '` Explmn any YF5 answers t}ndfor aay reoomm�atorm or auy� other
'Y�'f�"'.v"FMC A.."`C:?-&°y,:'�'�MB %�" VCs r;'^3.5.$, d•?Yn `"7 � +}.3.� •nom imTlyija ;-�dua�r'�^"Yif ��� :w ♦y g�5',+r.4- _
Use �ra�vi� of acality�to hetter�eapfain sidaattaus.�(nse�additianat a� rgpf � qq � -
11� Q�lrit E' � ,4L•-�� l�O� /�'� � <<�FfC,��-�"��-f/�+iA/F , f✓t�,� i}�/•s ///" �� /,�'
ReviewerAnspector Name 7
Reviewer/Inspector Signature:
.. if : .
Date: / &WI...

acility Number: Datt of Inspection s','-/f `;:�,' Printed on: 1/9/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below 0 Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes [j No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ,`•Q No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes © No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes .0 No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes .-1 No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes,rfl No
d omments°atat
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NCDENyR
JAMES S. HU NTJR. '
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GOVERNOR
WAYNB McDevrrr .�
SECRETARY
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�y NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 4, 1998
CERTIFIED MAM
RETURN RECEIPT REQUESTED
Mr. Randolph Smith
P.O. Box 452
Garland, NC 28441
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Long Branch Nursery Swine Farm
Facility Nos. 09-60
Bladen County
Dear Mr. Smith:
You are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuant
to 15A NCAC 2H.0217, you have been found to be in violation of your 2H
.0217 Permit.
On April 23, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farms located off SR 1527 in Bladen County. The inspection revealed that
the small grain overseed was not included in the certified animal waste
management plan (CAWMP), the lagoons did not have the required cover
grass established on the inside slope, the bermuda grass crop is poor to non-
existent, and that the irrigation records indicate that waste was applied to the
Bermuda grass outside of the application window for the crop.
The Division of Water Quality requests that the following items be
addressed:
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-SO43
PHONE 9tO-486-1541 FAX[phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 5090' RECYCLED/10% POST -CONSUMER PAPER

Mr. Smith
Page 2
May 4, 1998
1. The CAWMP for Ussery Nursery # 1 should include the small grain overseed. A winter crop
(small grain) should be included in the CAWMP to allow for waste application during that
season to maintain the required freeboard. Contact a technical specialist for assistance.
2. Cut and remove the small grain overseed to prevent shading of the existing bermuda grass.
Contact a technical specialist to assist in the establishment of a suitable Bermuda grass crop.
3. Establish a suitable cover grass on the inside slopes of the lagoon dikes.
4. Get familiar with your CAWMP to prevent waste application during periods of crop
dormancy and collect waste samples within 60 days of waste application and collect soil
samples annually.
Please be advised that this notice does not prevent the Division of Water Quality from taldng
enforcement actions for this violation or any past or future violation. Furthermore, the Division
of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Please provide a written response to this office on or before June 5, 1998, regarding
corrective actions taken or planned. if you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-
1541.
Sincerely,
J ilea . Stevens
Regio al Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Murphy Family Farms

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State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
FDEHNR
DIVISION OF WATER QUALITY
July 7, 1997
1114 30.1111,1111IRM 114 y_31W 8 1,41 X111j *41-F,
Mr. Randolph Smith
P.O. Box 452
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Long Branch Swine Nursery Farm
Registration No. 09-60
Bladen County
Dear Mr. Smith:
On June 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
inspected the Long Branch swine nursery facility. It was observed that the small grain overseed
had not been removed in time to prevent the shading out of the bermuda grass. The lagoon
banks (clay finer) were devoid of vegetation.
For the above deficiencies noted during the inspection, the following actions are requested:
1. Consult with a technical specialist with the Agriculture Extension Office for assistance in
regard to the coastal bernwda problems.
2. Consult with a technical specialist for proper crop management techniques in regard to
small grain overseed.
3. Consult with a technical specialist with the Agriculture Extension Office for assistance in
regard to cover grasses for the lagoon dikes.
Wachovia Building, Suite 714, Fayetteville���� FAX [phone]
North Carolina 28301-5043 N�-� C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Mr. Randolph Smith
July 7, 1997
Nothing in this letter should be taken as absolving this facility of the responsibility and liability
of any violations that have or may result from these deficiencies. If you have any questions
concerning this matter, please call Ed Buchan or Bob Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS
Kraig Westerbeck - Murphy Farms
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