090128_ENFORCEMENT_20171231

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- " NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 5, 1998
CERTEFIED
Dr. Garth Boyd
P.O. Box 759
Rose Hill, NC 28458
Subject: Rescission of Notice of Violation
Administrative Code 15A NCAC 2H.0217
Peters Creek Swine Farm
Facility Nos. 09-128
Bladen County
Dear Dr_ Boyd:
On April 8, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farm located off SR 1501 in Bladen County. The inspection resulted in the
issuance of a Notice of Violation for the violations observed.
After further review and consideration of the violations, the Division
has determined that the NOV is hereby rescinded to a Notice of Deficiency.
This determination is the result of the consideration for the unseasonally
heavy rainfall (El Nino) that occurred in the months of December thru
February. The problems in the Notice should be corrected as required prior
to a reinspection by the Division.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301.5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER -S0% RECYCLED/10% POST -CONSUMER PAPER

Dr. Boyd
Page 2
May 5, 1998
If you have any questions concerning this matter please contact myself
or Robert Heath at [phone].
Sincerely,
Ikerr T. Stevens
Regional 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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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 9, 1998
Joeg, 1 I 1 6 : I Jan_
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Dr. Garth Boyd
Murphy Family Farms
P.O. Box 759
Rose Hili, NC 28458
Subject: Notice of Violation
Administrative Code 15A NCAC 2H. 0217
Peters Creek Swine Farm
Facility Nos. 09-128
Bladen County
Dear Dr. Boyd:
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 6, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farms located off SR 1501 in Bladen County. The inspection revealed that
the lagoons did not have the required freeboard, the CAWMP requires
matua and the matua grass has died, and the rye overseed has been
exceeded by approximately 25 pounds.
The Division of Water Quality requests that the following items be
addressed:
1. The CAWMP for Peters Creek will need to be rewritten to include
the proposed crop for the waste application field. Contact a
technical specialist for assistance.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORT}I CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SCI% RECYCLEO/10% POST -CONSUMER PAPER

Dr. Boyd
Page 2
Murphy Farms
2. Lower the lagoon level to the required freeboard on a suitable waste.
application field as soon as weather permits.
3. Deduct the exceedance of PAN applied to the rye overseed from the
appropriate crop and evaluate whether the farm has adequate cropland in
the plan to prevent future exceedances.
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 April 30,
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 [phone].
Sincerely,
/w M
9
Kerr . Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh