090099_ENFORCEMENT_20171231

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OCA A TF Michael F. Easley, Governor
`0� �QG William G. Ross Jr., secretary
0 7. North Carolina Department of Environment and Natural Resources
J �—q Alan W. Klimek, P.E. Director
0 Division of Water Quality
August 22, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Barry Billups
89 Sandy Ridge Road
Elizabethtown, NC 28337
Subject: Inadequate Freeboard
No Further Action
Barry Billups
09-99
Bladen County
Dear Mr. Bilups:
Thank you for your recent submittal of the information requested in our letter dated April 16, A
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 poor operation and management.
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 Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
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A GA
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Location:
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Raleigh, NC 27699-1617

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If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
[e-mail].
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS090099)
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 29,1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Barry Billups
89 Sandy Ridge Road
Elizabethtown, NC 28337
SUBJECT: NOTICE OF DEFICIENCY
Bary Billups
Facility No. 09 - 99
Bladen County
Dear Mr. Billups:
On June 9, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted a routine inspection of your swine facility located in Bladen County. It was observed that
the coastal bermuda in field #2 (the largest spray field) was weak in some areas. It appeared that
a portion of this field had not been sprigged based on the condition of the field in this area.
The Division of Water Quality requests that the following items be performed:
1. Keep weeds and other grasses controlled in the coastal bermuda throughout the current growing
season to allow coastal to spread. Evaluate the coastal at the end of the growing season to
determine if some areas will require resprigging. Need to remove the roots and other debris and
establish coastal in the portion of the field mentioned above.
Please notify this office in writing on or before August 25, 1999 at the letterhead above as
to the actions taken or proposed to be taken to resolve these deficiencies. 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 do
not hesitate to contact myself at [phone].
Sincerely,
v
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Jimmy Vinson - Brown's of Carolina, Inc.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28901-5048
PHONE 910 -ABB -1541 FAX 91 O-466-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER

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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.
Sincere]
c..
Paul . Rawls
Water Quality Regional Supervisor
cc: FRO File: 09-99
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

• W A.
O�� RaG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Barry Billups
89 Sandy Ridge Rd.
Elizabethtown, NC 28337
Re: Notice of Deficiency
High Freeboard
Barry Billups
AWS 090099
Bladen County
Dear Mr. Billups:
On 11/22/2006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
AWG200000 Section III 13(c), that the freeboard level of the lagoon was 19.5 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
Iagoons/storage ponds shall not exceed that specified in the facility's 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 an additional one (1) foot of
structural freeboard...".
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
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.
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwater uali Lor Location: 2728 Capital Boulevard
An Equal OpportunitylAtirmalive Action Employer— 50% Recycledlt 0% Post Consumer Paper
i , Carolina
Naturally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax [phone]
Customer Service: [phone]

July 11. 2007
Page 2
Billups
If you are not aware, you now may pump up to eight (S) 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.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. Please be advised that nothing in this letter should be taken as removing
from you the responsibility or liability for failure to comply with any State Rule, State Statue or
permitting requirement.
If you have any questions regarding this letter, please do not hesitate to call .loan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. POAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.nc.us/aps/afou/afou_home.htm
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File —09-099
APS Central Files
Murphy -Brown, LLC

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NCDEHR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Govemor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Billups, Barry
Barry Billups
928 Culbreth Smith Road
Elizabethtown, NC 28337
Division of Water Quality
Coleen H. Sullins
Director
September 22, 2010
Dee Freeman
Secretary
RECEIVED
SEP 2 3 2010
DEAR 4AYETTEVILLE REGIONAL OFRCE
Subject: Notice of Violation
Barry Billups
Permit Number AWS090099
Bladen County
Dear Permittee,
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee ($)
2008PRO10969
11/11/2008
12/11/2008
180.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Ann: Fran McPherson
1617 Mail Service Center
Raleigh,, NC 27699-1617
Phone: [phone]
1636 Mail Service Center, Raleigh, North Carofina 27699-1636
Location: 2728 Capital Blvd., Raleigh, North Carolina 27604 One
Phone: [phone] L FAX: [phone] Customer Service: 1-877.623-6748 NofthCarotina
lrernet jwww.nmaterquality.org t y►
An Equai opportunity � Affirmative Action Employer atui a y

•
If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
[e-mail].
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS090099)
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit

YA
CDENk
North Carolina Department of Environment and Natural Resources
Beverly rEaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Billups, Barry
Barry Billups
89 Sandy Ridge Rd
Elizabethtown, NC 28337
Dear Permittee,
Division of Water Quality
Coleen H. Sullins
Director ' e�
June 28, 2010
f,
Subject: Notice of Violation
Barry Billups
Permit Number AWS090099
Bladen County
Dee rreeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to .
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee ($)
200SPRO 10969
11/11/2008
12/11 /2008
180.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand (525,000) dollars against any `-person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center, Raleigh, Norih Carolina 27699-1536
E ocatbn: 2726 Capital Siva- Raleigh, North Carolina 276N OnE 1
Phone, 919-733-322517AY,: 915-716-05861 C ustomer Servtce. 1-877-023-0748 N Olrth Carolina
Intemei: wwx.ncrvaterguaGty.org �l��ri�+�j�
A.P.Ecual Gpponuray l Aitirmaue Action Employe; �1 F' ai K ��JJ

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely,
-V"'" "
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS -Central File (Permit No AWS090099)