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HomeMy WebLinkAbout090171_ENFORCEMENT_20171231r' �QF w A r�gQ �0 7 � y Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 0 A Alan W. Klimek, P.E. Director Nftzollw Division of Water Ouallty April 2I, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Carroll's Foods Inc PO Box 759 Rose Hill NC 28458 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard 7710 #9-171 Bladen County Dear Sir or Madam: RPS 2 8 2003 D v v U On March 7, 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 May 5, 1999. 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 reoccumng. 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 AGA NCDENR Customer Service: Mailing Address. Telephone (919) 733-5083 Location - 1 -877-623-6748 1617 Mail Service Center Fax (919) 733.0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01.01 Raleigh, NC 27699-1617 An Equal Opportunity/ Affirmative Action Employer 5045 recycled/ 1046 post -consumer paper htip://h2o. enr.state.nc. us Inadequate Freeboard Page 2 L 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 CAWN4P. 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 Iagoon level(s) are stili 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 Ietter. 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 (910) 486-1541. Sincerely, an W. Klimek, P.E. /�rDirector cc: tFayet 11 eive Regional -Office Non -Discharge Compliance/Enforcement Unit Central Files " A FA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director AQUIFER PROTECTION SECTION June 28, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Drown, LLC Farm 5710 PO Box 856 Warsaw, NC 28398-0856 Subject: NOTICE OF DEFICIENCY Farm 5710, Facility #09-171 AWS090171 Bladen County NOD -2010 -PC -04291 Incident No. 201000818 To Whom it May Concern: • Dee f=reeman Secretary On February 10, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Michael Ammons of a high freeboard level in the lagoon. We wish to thank Mr. Ammons 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 I: 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 February 10, 2010 a lagoon/storage pond level was documented at 19 inches in lagoon 1. A level of 20.4 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. AQUIFER PROTECTION SECTION 225 Green St., Ste, 714 Fayetteville, North Carolina 28301 0110 Phone: 910433-33001 FAX: 910486-07071 Customer Service: 1-877.623-6748 NNa lh C arollna Internet: www.h20.enr.state.nc.us An Equal Opportunity 1 Affirmative Mon Employer turai A Cont. Page Two Tune 28, 2010 Farm 5710 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 Ricky Revels or me at (910)-433-3300. Sincerely, Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Larick - CAFO Unit Bladen County Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy -Brown, LLC to Complete Items 1, 2, and 3. Also complete A. Signature , Item 4 If Restricted Delivery Is desired. a Print your name and address on the reverse X�- so that we can return the card to you. B. Received by (Prn Name) ■ Attach this card to the back of the mailplece, or on the front If space permIts. 1. Article Addressed to: D. Is delivery address dKetent Q If YES, enter delivery addre I MURPHY -BROWN, LLC PO BOX 856 WARSAW, NC 28398-0856 U 3. Ice Type Bercertiffed Mall © Exprm Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4- Restricted DelivW (Exna Fee) 13 Yes 7001 2510 0_000 6662_8789 _ PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 C10 xx i! it `^�. ii'�•1 4•., t` -r• W Postage $ -D Certifled Fee Postman; C7 Return Reoelpt Fee (Endera6ment Required) Here Restricted Delivery Fee O (Endorsement Required) � Total Postage & Fees r/! rr) ru SgFjib r -a C3 srrae�:; aPr.Na+ cr sox He. � S4... N Lam- te. ZlP+4 }.r« _ .. Al, to Complete Items 1, 2, and 3. Also complete A. Signature , Item 4 If Restricted Delivery Is desired. a Print your name and address on the reverse X�- so that we can return the card to you. B. Received by (Prn Name) ■ Attach this card to the back of the mailplece, or on the front If space permIts. 1. Article Addressed to: D. Is delivery address dKetent Q If YES, enter delivery addre I MURPHY -BROWN, LLC PO BOX 856 WARSAW, NC 28398-0856 U 3. Ice Type Bercertiffed Mall © Exprm Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4- Restricted DelivW (Exna Fee) 13 Yes 7001 2510 0_000 6662_8789 _ PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 Murphy -Brawn U. MBE LNM July 20, 2010 ATfN: Robert Marble NCDENR Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville, NC 28301 785 Hwy. 24/50 Warsaw, NC 28388 Subject: Notice of Deficiency Farm 5710, Facility #09-171 AW 5090171 Bladen County NOD -2010 -PC -04291 Incident No. 201000818 Dear Mr. Marble, 1- ; Q- ,. j--�� This letter is being sent in response to a Notice of Deficiency letter issued by your office on the above mentioned facility managed by Murphy Brown, LLC. This facility was impacted by chronic rainfall which saturated application fields. These conditions did not allow us to land apply in accordance with permit conditions for a period of time. Instead of land applying in a manner that would have possibly caused there to be ponding or runoff, we stored the excess rainfall in our lagoon system. As soon as the weather and field conditions allowed, land irrigation resumed. This facility's freeboard was reported back in compliance on 311012010. If you have any questions regarding this matter, please do not hesitate to call me at (910) 289-6087 or email me at michaelammons@murphybrownllc.com. Sincere) , Michael Ammons Environmental Resource Specialist Murphy Brown East ter, ti.. September 19, 1997 State Of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 ATTN.: Mr. Robert F. Heath, Environmental Specialist Dear Mr. Heath: 0C l 0 11991 REOQFFICE SUBJECT: NOTICE OF DEFICIENCY Carroll's Foods, Inc. Registration No. 09-171 Bladen Co. This letter is in response to your August 15th visit to Carroll's Farm 7710 in Bladen County. 1. We are currently consulting with a technical specialist to correct the waste management plans in order to bring them into compliance. 2. We have replaced the flex pipe to prevent erosion. 3. We have used "Ally" and ' 2-4D" in the past to control the weed situation. With overseeding of small grains, you get some competition with crabgrass, which can also make good hay. 4. Waste application records for this farm are sent to our Laurinburg office and recorded. In the future, we will return a copy of the IRR -2 to the farm for their use and/or inspection purposes. Sincerely, CARROLL'S FOODS, INC. Leslie Stutts Farming Manager State of North Carolina Al Department of Environment, Health and Natural Resources 1 • ...Ttr Fayetteville Regional Office James B. Hunt, Jr,, Governor [DEEHNF;Z Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY August 22, 1997 Carroll's Foods, Inc. P.O. Box 1767 Laurinburg, NC 28353 att. Mr. Leslie Stutts SUBJECT: NOTICE OF DEFICIENCY Carroll's Food Swine Farms Registration No. 09 - 171 Bladen County Dear Mr. Stuffs: On August 15, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the subject swine facility. it was observed that the crops being grown in several of the waste application fields were not the crops required in the CAWMP. Also two of the fields had not been planted in fescue as required by the CAWMP. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Consult with a technical specialist for assistance in correcting the CAWMP to correspond with the crops in the fields and for options for the fallow fields. 2. Replace the flexible discharge pipes in the lagoon to prevent erosion of the liner. 3. Consult with a technical specialist for assistance in controlling undesirable grasses in bermuda grass fields to prevent competition. 4. Consult with a technical specialist for assistance in recordkeeping of waste application. Carroll's Foods, Inc. needs to calculate waste application by hydrants or pulls within the fields on the IRR -2 form for the actual acreage in the pull. Please notify this office on or before September 22, 1997 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 thsi.facility of the responsibility and liability of any violations that have or may result from these deficiencies. Wachovla Building, Suite 714, Fayetteville FAX 910-486-0707 North Carolina 28301-5043 N10C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 100/6 post -consumer paper N Page 2 Carroll's Foods, Inc. August 22, 1997 If You have any questions concerning this matter, please call Robert Heath at (910) 486- 1541. cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS Sincerely, Robert F. Heath Environmental Specialist 1,, � NCDENR G t��,:lAh1Es"B.�HUNT' .l R:' I ry GOVERNOR n' ¢ pry(°SECRKTARY c ` k• � _k �, / h f t �;� �i> • .y ,gal{4t �C; II7-kS �','•'ti" KERR T. STEVEN$ - �DIRECTOR'�rTl�t �� � 4 qy 4trH d� ° i I�'R7L R I s ss , "IS' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT -AND NATURAL' RESOURCES DIVISION[ OF WATER QUALITY FAYETTEVILLE REGIONAL. OFFICE CERTIFIED MAIL, RETURN RECEIPT REQUESTED Carroll's Foods, Inc. PO Box 856 Warsaw, NC 28320 March 17, 2000 SUBJECT: NOTICE OF DEFICIENCY Carroll's Foods, Inc., Farm #7710 Facility No. 09-171 Permit No. AWS090171 Bladen County Dear Sir: On January 31, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as 17 inches. General Permit condition V.3 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the 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 as additional 1 foot of structural freeboard.". The Division of Water Quality will take no further action for this reported incident at this time, However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted, It will also close this event out within your file. If you have any questions_ concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Jeffery Brown Environmental Engineer cc Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam Warren, Bladen County NRCS rY-1 N.�A/tG R1LF-•i 2 0 V 0 226 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE 910-486.1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED/I0% POSTCONSUMER PAPER ■ Complete items 1, 2, and 3. Also complete A. Receiv by (Please Print Clearly)�-40 ,t,t3. live item 4 if Restricted Delivery is desired. Q er�rofi oDa Sh ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑ Agent NAttach this card to the back of the mailplece, X DQpdd � p �, or on the front if space permits, U��-""'� ❑Addressee D. Is delivery address different from item 1? ❑ Yes 1 • Article Addressed !o: If YES, enter delivery address below: ❑ No Howard Hobson Carrolls Foods Inc Po Drawer 856 Warsaw NC 28398 3. Service Type §Xertified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ G.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copfrom service !abet) Z1609$8H4 PS Form 3811. July 1999 Domestic Return Receipt 102595.99-M-1789 01� 1F W A'11 QG Michael F. Easley, Governor William G. Ross Jr., Secretary y North Carolina Department of Environment end Natural Resources >_ Alan W. Klimek, P.E. Director p Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. David Nordin Carroll's Foods, Inc. PO Box 759 Rose Hili, NC 28458 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Farm 7710 Facility Number 09-171 Bladen County Dear Mr. Nordin: Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. .� Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. 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. NA CustomerServlce: Mailing Address: telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 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 http://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. Sin y, Paul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 09-171 Non -Discharge Compliance and Enforcement Unit Central Files �0F W A rFRQ Michael F. Easley, Governor `0 G William G. Ross Jr., Secretary � y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director p -C Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. David Nordin Carroll's Foods, Inc. PO Box 759 Rose Hill, NC 28458 Subject: Rescission of Notice of Violation 1 Issuance of Notice of Deficiency Farm 7710 Facility Number 09-171 Bladen County Dear Mr. Nordin: Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. t Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. 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: (919) 733.5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 Stale Courier #52-01-01 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 110% past -consumer paper http://h2o.enr.state.nc.us AM OE Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 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. Sin r y, Paul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 09-171 Non -Discharge Compliance and Enforcement Unit Central Files CCDEEIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 20, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown LLC PO Box 856 Warsaw, North Carolina 28398-0856 Subject: NOTICE OF VIOLATION/NOV-2014-PC-0136 Administrative Code ISA NCAC 2T .1304 Farm 5710 Facility No. 09-171, Permit No. AWS090171 Bladen County Dear Murphy -Brown: John E. Skvarla, III Secretary On May 29, 2014, staff of the NC Division of Water Resources (DWR), Water Quality Section, inspected the Farm 5710 and the permitted waste disposal system. We wish to thank Mr. Michael Ammons, who was present and assisted during the inspection. As a result of this inspection, 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.1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to prevent the discharge of waste to surface waters by way of ditches in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. AWG 100000 Section 1 1) On May 28, 2014 Michael Ammons reported to DWR that waste flowed from a hog house because of a blocked line that prevented it from flowing to the lagoon as designed. The waste entered a secondary containment area that was being drained of rain water. When it was discovered that waste had entered and mixed with the rain water it had passed the secondary containment and entered a ditch. The ditch containment gate was closed but not completely, and waste left the property by way of a blue line ditch/stream. On May 29, 2014 a site visit was conducted by DWR and it was documented that the waste had been recovered and returned to the lagoon as required by your permit.' Fayetteville Regional Office 225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095 Main Phone: 910-433-3300 1 Intemet: http,llwww,nodenr.gov An EQ4 Opportunity 4 Affirmative Action Employer — Made in part by Recycled Paper Murphy -Brown June 20, 2014 Page 2 Required Corrective Action for Violation 1: Repair the blocked line and take all necessary additional steps to insure that you remain in compliance with your permit. DWR requests that, in addition to the specified corrective action above, please submit the following items on or before July 1, 2014: 1. An explanation from the OIC for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will betaken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before July 1, 2014 and to provide a written response to this Notice by July 1, 2014. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. DWR received your required five day letter in section III 13 of your permit on June 3, 2014. The five day letter received on June 3, 2014 satisfies the written response requirement for this Notice. DWR would like to thank Mr. Ammons and the land management crew for the quick response and cleanup of this discharge. No further action concerning this notice will be taken by DWR and no further response concerning this notice is required by you. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources 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. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300 Sincerely, 4L06D J %Y,4� Belinda S. Henson Fayetteville Regional Supervisor Division of Water Resources Water Quality Regional Operations Section cc: Christine Lawson CAFO Unit FRO files MurphyBrown- Murphy Brown East June 3, 2014 Steve Guyton NCDENR - Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, N.C. 28301-5043 RE: Farm 57101 Facility # 09-171 Accidental Discharge 5128114 785 Hwy. 24150 Warsaw, NC 28398 RECEIVED JUN - 51014 DENR-FAIYETTEWLLE REGIONAL OFFICE Dear Mr, Guyton, This letter is the follow-up to an accidental discharge on farm 57101 reported to you on Wednesday, May 28, 2014. The sequence of events on 5128114 is: 1) That morning the farm manager opened and started draining the secondary containment to relieve it from the rainfall that was received the night before and then entered the farm. The farm crew turned on recycle pumps to fill pits. When they came back from doing other duties, the pits had overfilled and seeped out of building. They immediately cut off recycle to stop the source and notified manager of farm. 2) The farm manager went to close the secondary containment to contain the discharge and noticed that it had gotten past the valve. Then he proceeded to follow it to a flow control structure which is utilized during irrigation events and closed it as well. At this time he noticed that some of the discharge had passed this point and was now on adjoining property. 3) The farm manager immediately activated the EMS Emergency Contact Plan and notified the LNM Specialist to respond to the accidental discharge. 4) The LNM specialist notified the complex manager and LNM Director of the spill. The adjoining land owner was also contacted at this time. The remediation efforts were immediately initiated, which included bringing in a 6 cylinder pump and reel to effectively pump the effluent directly back into lagoon. At this point, Steve Guyton with the Division of Water Resources was notified. 5) Clean-up efforts carried on until all traces of discharge were recovered at approximately 9:00pm. At this time a total volume of 44,000 gallons was pumped back into our lagoon. All equipment remained in place and valves remained closed until the following morning. We pumped an additional 2,200 gallons after arriving to site to make sure all of the discharge had been recovered before final inspection. The total Land and Nutrient Management crew invested over 54 hours in effort to recover all effluent that had been released. 6) Root Cause: A partially blocked overflow line from the pit of farrowing building caused water to back up in the house and exit the building. The discharge flowed through the farm's secondary containment structure and a flow control structure onto adjoining land. Estimate of the discharge: • Page 2 June 3, 2014 A) In our estimation not more than 800 gallons was spilled and no more than 200 gallons left the property. The plan to correct the problems identified from this accidental discharge are to: 1) Work order was generated to maintenance department to unblock the overflow from pits. 2) A new SOP was generated that the manager or designee from the site to remain outside until the containment is drained and valve has been closed or recycle system has been cut off. (see attachment) - Included with this letter is a copy of the most current waste analysis as required by the permit. I have outlined what information I have available as they relate to this'accidental discharge. I feel that Murphy -Brown LLC has responded in an appropriate and responsible manner to the conditions of the permit. Murphy Brown LLC acted quickly in changing the SOP to further reduce the chance of another accidental discharge. The Environmental Management System (EMS) proved its' effectiveness by providing the structure and protocol that all parties involved in the response, did so in.a timely and effective manner. If I can be of any further assistance, please feel free to contact me. Sincerely, r Michael Ammons Environmental Resource Specialist Murphy -Brown LLC (910) 293-5676 Michael Ammons From: Mark Hairr Sent: Tuesday, lune 03, 20141:56 PM To: Michael Ammons Cc: Ray Summerlin Subject- Changes The South Central Region implemented a change as of May 30' to the policy for draining secondary containment ponds after a rain event, the change is as follows: 1. On any farm that has a 12" discharge line the manager or a designee from the farm is expected to remain outside the farm until the secondary containment has completely drained and the valve is closed. 2. On farms with an 8" discharge line the manager or designee can enter the facility but is expected to visually inspect the containment pond periodically while still assuming the responsibility for preventing a discharge through the pond. We have work orders in place to change the 8" discharge line in the secondary containment at 5710 to a 12" line so this farm will be one that the responsible party is required to stay with the containment while it drains. The idea is to change out all of the 8" lines to 12" and have all of our farms on the same process for releasing rainwater. Mark Hairr Production Director Murphy Brown CLC. -South Central Region PO Box 759 Rose Hill NC 28458 (910) 282 - 4262 office (910) 290 - 1134 cell NCDA&CS Agronomic Division Phone: (919) 733-2655 Webaite: www_ncagr.govlagronomil FY14-W007020 Predictive Client Murphy Brown LLC Advisor. Attn: Mike Ammons PO Box 856 Waste Report Warsaw, NC 28398 Bladen County Sampled: ReCe"d: 05/13/2014 Completed: 05/16/2014 Fart: 57101 Links -to Hal uful Information Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mq (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm) Sample ID: 57101 Tota) N 39.1 662 82.6 26.4 29.1 4.03 0.13 0.74 0.13 0.66 205 Waste Code: ALS Description: Total Kjeldahl N 476 Swine Lagoon Liq. pH DM (%) SS (10-6SJcm) EC (mS/cm) CCE (%) ALE(10W gal.) C:N Inorganic N NH4-N 800 Comments: MAR 11 2014 NO3-N Organic N Nt (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) Cl (ppm) M0 (ppm) Urea Estimate of Nutrients Available for First Crop (rb / 1000 gal.) Other Elements (lb 11000 gal.) Appl)catfon Method N P20s K20 Ca Mg S Fe Mn Zn Cu a Mo Cl Na Ni Cd Pb At Se Li Irrigation 1.99 0.75 6.62 0.69 0.22 0.24 0.03 T 0.01 T 0.01 1.71 Understanding the Waste Report" - additional information: www-ncagr.govlagronomi/pdffiles/uwasI pS f & www.ncaar.clovlagronomi/pdffilgsAvasteguide.gdt Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and preventing environmental contamination. In reading the Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received: all other wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that only 40-W% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may or may not ever become available. ' ppm = parts per million; S = siemens; mS = millisiemens; T = trace (<0.005 Iblunit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime equivalence; pH = acidity or basicity; DM% = % dry matter [for semi-solid and solid waste samples, this value facilitates conversion of dry -basis concentrations (ppm) back to wet -basis of original sample]; C:N ratio = carbon:nitrogen ratio. Norah Carolina Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nrurients and safeguard environmental quality. - Stere Troxler, Commissioner ofAAriculline.