090106_ENFORCEMENT_20171231

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 28, 1998
CERTIFIED MAIL
RERMN— RECEIPT REQUESTED
Mr. Wendell Murphy
P. O. Box 759 i
Rose Hill, NC 28458
Subject: Notice -of Violation
Administrative Code 15A NCAC 2H.0217
242 Sow Farm
Facility No. 09-106
Bladen County
Dear Mr. Murphy:
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 211 .0217, you have been found to be in
violation of your 211 .0217 Permit.
On January 22, 1998, staff from the Fayetteville Regional Office of the Division of Water
Quality noticed waste being applied to a saturated field in such a manner as to allow the waste to `pond"
in the spray field. The inspection revealed that the freeboard level was adequate (approx.23") to hold any
impending rain and that no emergency irrigation was needed. The start -stop pump marker showed that
there was 15" of freeboard. However visual inspection at the lowest point appeared to show about eight
more inches of freeboard than the marker indicated. The installation of the marker may need to be
checked to avoid any discrepancies in the future.
The Division of Water Quality requests that the following item(s) be addressed:
1. Please avoid the application of waste to saturated fields when lagoon levels are sufficient to
accommodate additional rainfall.
223 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/10% post -consumer paper

Mr. Murphy
1-28-98
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status 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 $10,000.00 per day per violation.
Please provide a written response to this office on or before February 10. 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. John Hasty, Environmental Specialist, at [phone] _
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

State of North Carolina
Department of Environment,
Health and Natural Resources` • 0
Dlvlsion of Water Quality
OM%
James B. Hunt, Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director IDE�HNFZ
DIVISION OF WATER QUALITY
February 21, 1997
Mr. Chris Hardison
Murphy Family Farms
Route 2, Box 439-A
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Hwy 242 Sow Farm
Registration No. 09-106
Bladen County
Dear Mr. Hardison:
On February 11, 1997; staff from the Fayetteville Regional Office of the Division of
Water Quality inspected the Hwy 242 Sow Farm facility. It was observed that animal waste
was being pumped from the lagoon to a waste application field at a rate in excess of the
infiltration rate of the soil resulting in ponding and run-off to a nearby surface water.
The inspection revealed that the spray gun had been left unattended for a period of
several hours and that the traveling gun had malfunctioned resulting in the discharge. The
waste material was draining out of the field into the woods through a shallow trench) into the
pond. It was determined during the inspection that the waste material did not enter waters of
the State and waste did not leave farm property.
Please notify this office in writing within 30 days at the address below as to the actions
taken or proposed to be taken to resolve this deficiency. 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 Bob Heath or John Hasty at [phone].
P.O. Box 29535, N��y� FAX [phone]
Raleigh, North Carolina 27626-0535��C An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/10% post -consumer paper

Page 2
Mr. Hardison
2121197
I€ you have any Questions concerning this matter, please call Bob Heath or John Hasty at
[phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Operations Branch
Central Files
Chris Walling - FRO DSW
Sam Warren - Bladen Co. NRCS
Dr. Garth Boyd - Murphy Family Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 12, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dr. Garth Boyd
Murphy Family Farms
P -O. Box 759
Rose I -K N. C. 28458
SUBJECT: Request for NOV Rescission
242 Swine Farm
Facility No. 09-105
Bladen County
Dear Dr. Boyd:
RECEIVED'—
MAR 3 1 1998'
F4�jLLLEE
On January 28, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality received a response from Dr. Garth Boyd for Murphy
Family Farms in regard to the subject facility. The information submitted by Dr.
Boyd for consideration was reviewed to determine if rescission of the Notice
of Violation was in order. After a review of the information submitted, the
Division of Water Quality has determined that the NOV was appropriate for the
situation. After receiving a Notice of Deficiency (NOD) for the identical
violation in 1997 Murphy Family Farms did not initiate adequate corrective
action to prevent the reoccurrence as stated in the response on March 19, 1997
issued by John Bizic, Land and Nutrient Manager for Murphy Family Farms.
225 GREEN STREET, SUITE 714, FAYETYEVILLE, NORTH CAROLINA 2 8301-504 3
pHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 5090' RECYCLED/10% POST -CONSUMER PAPER

Dr. Garth Boyd
Page 2
March 12, 1998
If you have any questions concerning this matter, please contact Robert Heath at
[phone] _
Sincerely,
err T. Stevens
Regional Supervisor
KTS/RFH
cc: Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Sam Warren, Bladen County NRCS

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES ..
FAYETTEVILLE L
ail
MAR $ 8
DIV OF WATER QDALI
Tr
DIRECTO
q'S OFFlCz
DIVISION OF WATER QUALITY -.
March 12, 1998
Memorandum:
To: Tommy Stevens
From: Robert Heath
SUBJECT: Nov Rescission
Request
242 Swine Farm
Dear Mr. Stevens:
The subject facility has requested the Division to reduce the NOV issued
on January 28, 1998 to a Notice of Deficiency and submitted the attached
information for review- Staff of the FRO have reviewed the attached and
have determined that the NOV should remain in force for the following
reasons:
1. An NOD was issued to this facility in 1997 for the exact same violation,
(see attachment). In the response from Murphy Farms representative, Mr.
John Bizic on March 19, 1997 he stated that the irrigation equipment had
malfunctioned as a possible result of the cattle rubbing the reel resulting in
knocking the reel out of gear. In that letter Mr. Bizic stated that
modifications were planned for the pasture to insure that the cattle were not
in the waste application area with the reel was never initiated. At the time of
the violation in 1998 the cattle were in the pasture with the irrigation
equipment.
2. The lagoon level was in the red at the time of the inspection, however; the
facility was not in an emergency status (15 inches of freeboard) and other
spray fields were in a better landscape position for waste application.
3. After discussion with the FRO Water Quality staff, it is our opinion that
this situation continues to occur. The fact that the facility was issued a NOD
in 1997 for this violation and the reoccurrance of the identical violation in
1998 supports this opinion.
If I can be of further assistance in this matter, please contact me at
[phone].
225 GREEN STREET, SUITE 734, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORYUNIrY /AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% POST -CONSUMER PAPER

FAMILY FARMS
March 19, 1997
Mr. Kerr T. Stevens
DEHNR - Division of Water Quality
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Stevens:
2 5 1997
In response to the NOTICE OF DEFICIENCY issued to the 242 farm last
month, the following facts and actions are relevant:
1. The area that was mentioned as pond was actually an old unused burial
site.
2. The possible reel malfunction could have been caused by cattle rubbing
or scratching. -
3. We plan to divide this field so the cows will not be in the same pasture as
the reel when pumping.
4. We had Mainor Tile and Irrigation dispatch a certified mechanic. He
found that the tension on the chain was not correct causing chain to
slip. This was corrected.
5. The reel will continue to be checked at least every two hours as is
currently the practice.
Please contact John Bizic or Dr. Garth Boyd at [phone] if you have
any questions or if any further action is needed. Thank you.
Sincerely,
.John Bizic
Land and Nutrient Manager
cc: Dr. Garth Boyd
Richard Johnson, 242 Farm Manager
Gary Mann
JB:mst HAUSERMSTMElTEM42KERR.DOC
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

State of North Carolina
Department of Environment, _
Health and Natural Resources = ,A • 0
Division of Water Quality'
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director EDF.=HNF;Z
DIVISION OF WATER QUALITY
February 21, 1997
Mr: Chris Hardison
Murphy Family Farms
Route 2, Box 439-A
Garland, NC 28441
SUBJECT: NOTICE OF DEFICIENCY
Hwy 242 Sow Farm
Registration No. 09-106
Bladen County
Dear Mr. Hardison:
On February 11, 1997, staff from the Fayetteville Regional Office of the Division of
Water Quality inspected the Hwy 242 Sow Farm facility. It was observed that animal waste
was being pumped from the lagoon to a waste application field at a rate in excess of the
infiltration rate of the soil resulting in ponding and run-off to a nearby surface water.
The inspection revealed that the spray gun had been left unattended for a period of
several hours and that the traveling gun had malfunctioned resulting in the discharge. The
waste material was draining out of the field into the woods through a shallow trench) into the
pond. It was determined during the inspection that the waste material did not enter waters of
the State and waste did not leave farm property.
Please notify this office in writing within 30 days at the address below as to the actions
taken or proposed to be taken to resolve this deficiency. 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 Bob Heath or John Hasty at [phone].
P.O. Box 29535, _,Tif- i FAX [phone]
Raleigh, North Carolina 27626-0535 �i An Equal OppoMj-Ay/Affirrric�tive Action Employer
Telephone [phone]% recycles/10% post -consumer paper

FAMILY FARMS
January 4, 1998
Mr. Preston Howard
State of North Carolina
Department of Environment
and Natural Resources
512 N. Salisbury Street
Raleigh, North Carolina 27604-1148
Dear Preston:
RECEIVED
Ft6 0 ° 1998
FAMITEWILLE
REG. OFFICE
The purpose for my letter is to appeal the recent Notice of Violation we received from
Robert Heath at the 242 sow farm on January 22, 1998 (see attached documentation). I
acknowledge that ponding occurred in the spray field. But, the OIC was irrigating
because the freeboard gauge showed that he had 15" of freeboard. Robert felt that the
irrigation was unnecessary because the gauge was inaccurate... more freeboard was there
than shown by the gauge. A subsequent check with surveying equipment on January 29th
determined that the gauge is accurate.
Regulatory pressure against inadequate freeboard and near record rainfall in January has
put us in a seemingly impossible situation that I feel warrants some modification of how
inspectors deal with the situation. Not wanting to risk an NOV for inadequate freeboard,
the OIC irrigated in less than ideal circumstances. This action resulted in an NOV even
though there was no runoff and surface waters were not impacted.
NOV's are a permanent stain on our record that attract the attention of litigious anti -hog
groups and legislators in other states where we are trying to do business. Never is there a
distinction as to what the NOV is for or the severity. I respectfully request that in this
case the NOV be modified to an NOD because it is more appropriate. I am,
Sincer yours,
Garth W. Boyd, Ph.D.
Director, Land & Nutrient Management
GWB:rbc
H AUSERS\S741GARTHViO WARD24.DOC
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Jaynes B. Hunt, Jr., Governer
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 28, 1998
CERTIFIED ,MAIL
RETURN RECENT REQUESTED
Mr. Wendell Murphy
P. O. Box 759
Rose Hill, NC 28458
Subject: No#ice of Violation
Administrative Code 15A NCAC 2H.0217
242 Sow Farm
Facility No. 09-106
Bladen County
Dear Mr. Murphy:
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 January 22, 1998, staff from the Fayetteville Regional Office of the Division of Water
Quality noticed waste being applied to a saturated field in such a manner as to allow the waste to gond"
in the spray field. The inspection revealed that the freeboard level was adequate (approx.23") to hold any
impending rain and that no emergency irrigation was needed. The start -stop pump marker showed that
there was 15" of freeboard. However visual inspection at the lowest point appeared to show about eight
more inches of freeboard than the marker indicated. The installation of the marker may need to be
checked to avoid any discrepancies in the future.
The Division of Water Quality requests that the following item(s) be addressed:
1. Please avoid the application of waste to saturated fields when lagoon levels are sufficient to
accommodate additional rainfall.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone 9I0-486-1541 50% recycled/10% post -consumer paper

Mr. Murphy
1-28-98
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
Please be advised that tl s 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 $10,000.00 per day per violation.
Please provide a written response to this office on or before February 10._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. John Hasty, Environmental Specialist, at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh