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HomeMy WebLinkAbout090181_ENFORCEMENT_20171231NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly ;raves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown, LLC Farm 92 PO Box 856 Warsaw, NC 28398-0856 Coleen H. Sullins Director AQUIFER PROTECTION SECTION June 28, 2010 Subject: NOTICE OF DEFICIEN Farm 92, Facility #9-181 AWS090181 Bladen County NOD -2010 -PC -0527/ Incident No.201000814 To Whom It May Concern: Dee Freeman Secretary On February 5. 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 lagoon 3723. 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 systetn 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 1: Failure to maintain waste levels in Four 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 26, 2010 a lagoon/storage pond level was documented at 18.5 inches in lagoon 1. A level of 19.6'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 �TOne Phone: 910-433-33001 FAX: 910-486-07071 Customer Service: 1-877-623-5748 1 N oIrth C a1-oli r1 a Internet: www.h20.enr.state.nc.us An Equal Opportunity 1 Affirmative Ac,ion Employer / aturall✓ Cont. Page Two .June 28, 2010 Farm 92 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. Sincer, ly, Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Larick - CAFO Unit Bladen County Soil and Water Conservation District NCDS WC -FRO FRO Compliance Animal Files Murphy -Brown, LLC ED r -i' Taw Postage & Fees $ L0 ru s�p�ro C oPo sox ft. /gyp -�a� �[ ------------------------------------- -- -- . _ ------- r—re, Z1P+4 V,_Pg'r vY,S"fa ■ Complete items 1, 2, and 3. Afro complete A- Signature Item 4 ff Restricted Delivery Is desired. X`- nt ■ Print your name and address on the reverse �• ee CID B. Received ny (Printed Name) C. }fie of ru , on Postage 1. Article Addressed to: D. is delivery address dffferertt ? es 00 ,0 Certified Fee Postmark C3 Return Receipt Fee Here C:) (Endorsement Required) C3 Restricted Derry Fee (Fndprsement Required) ED r -i' Taw Postage & Fees $ L0 ru s�p�ro C oPo sox ft. /gyp -�a� �[ ------------------------------------- -- -- . _ ------- r—re, Z1P+4 V,_Pg'r vY,S"fa ■ Complete items 1, 2, and 3. Afro complete A- Signature Item 4 ff Restricted Delivery Is desired. X`- nt ■ Print your name and address on the reverse �• ee so that we can return the card to you. I B. Received ny (Printed Name) C. }fie of ■ Attach this card to the back of the mailpiece,!� , or on the front if space permits. 1. Article Addressed to: D. is delivery address dffferertt ? es 00 if YES, enter delivery add o MURPHY -BROWN, LLC U SSS PO BOX 856 WARSAW, NC 28398-0856 3. SeprIce lype Cert � Certified MaA ❑ EWess Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. 4. Restricted Delivey? prft Fee) ❑ Yes 7001 2510 0000 6682 8789 `PS Form 3811, February 2004 Damestic Return Receipt .. 102595-M-Wt540 Murphy -Brown. MBE LNM July 20, 2010 AT TN: Robert Marble NCDENR Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville, NC 28301 785 Hwy. 24150 Warsaw, NC 28398 Subject: Notice of Deficiency Farm 92 (30923), Facility #09-181 AW S090181 Bladen County NOD -2010 -PC -05271 Incident No. 201000814 Dear Mr. Marble, V- I y FRO 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 31312010. If you have any questions regarding this matter, please do not hesitate to call me at (910) 2$9-6087 or email me at michaelammons@murphybrownllc.com. Sin rely ( Michael Ammons Environmental Resource Specialist Murphy Brown l=ast SOF W Ar,�gO Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Duality May 11, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Kraig Westerbeek Murphy Brown 2822 Highway 24 West Warsaw, NC 28398 Re: Request for Information Sludge Survey Report Brown's of Carolina Farm 92 NCA209181 Bladen County Dear Mr. Westerbeek: Your Animal Waste Management General NPDES Permit contains a condition that addresses the sludge survey requirement for the lagoon(s) at your animal feeding operation. Your NPDES Permit Number NCA209181 Condition 111. 16, on page 10 states: "All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted..." Our records indicate that the Division has not received the sludge survey results for the year 2005 from your facility and your facility had not previously exempted based on prior surveys. The form was due March 1, 2006. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty (30) days of receipt of this letter to the following address: Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: ww-v.ncwaterqualitv.or9 Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal OpporiunitylAftirma&e Action Employer— 50% Retycledl10% Post Consumer Paper N��O�t1tCaro ina atural�ly Telephone: (919) 733-3221 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Murphy Brown Page 2 5/11/2006 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 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 contact me at (910) 486-1541. Sincerely, Ste A. Barnhardt Fayetteville Regional Office cc: File 9-181 APS Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 24, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Brown's of Carolina, LLC PO Box 487 Warsaw, NC 28398 Re: Request for Information Sludge Survey Report Farm 92 NCA209181 Bladen County Dear Brown's of Carolina, LLC: Alan W. Klimek, P.E. Director Division of Water Quality Your Animal Waste Management General NPDES Permit contains a condition that addresses the sludge survey requirement for the lagoon(s) at your animal feeding operation. Your NPDES Permit Number NCA209181 Condition 1I1.16, on page 10 states: "All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted..." Our records indicate that the Division has not received the sludge survey results for the year 2005 from your facility and your facility had not previously exempted based on prior surveys. The form was due March 1, 2006. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty (30) days of receipt of this letter to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterouality.ore Location: 2728 Capital Boulevard An Equal Opportunity/Aiiirrmtive Action Employer- 50% Recyciedl10% Post Consumer Paper h)o ` Carolina Naturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Brown's of Carolina, LLC Page 2 4/24/2006 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 contact me at (910) 486-1541. Sincerely, Stephen . Barnhardt Fayetteville Regional Office cc: File 9-181 APS Central Files �4 WATF9Q _ Michael F. Easley, Governor qWilliam G. Ross Jr., secretary P North Carolina Department of Environment and Natural Resources 0 `C Alan W. Klimek, P.E. Direr Division of Water Quality April 24, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Brown'''s of Carolina, LLC PO Box 487 Warsaw, NC 28398 f5 `� 4� AASS Re: Request for Information Sludge Survey Report Farm 92 NCA209181 Bladen County Dear Brown's of Carolina, LLC: Your Animal Waste Management General NPDES Permit contains a condition that addresses the sludge survey requirement for the lagoon(s) at your animal feeding operation. Your NPDES Permit Number NCA209181 Condition I11.16, on page 10 states: "All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted..." Our records indicate that the Division has not received the sludge survey results for the year 2005 from your facility and your facility had not previously exempted based on prior surveys. The form was due March 1, 2006. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty (30) days of receipt of this letter to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwaterauality.orr2 Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal OppotlunilylAffinnative Action Employer- 50% RecycW10% Post Consumer Paper No1� Carolina Q�ll!'Q��If Telephone: (919) 733-3221 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Brown's of Carolina, LLC Page 2 4/24/2006 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 contact me at (91 Q) 486-1541. Sincerely, 4_�k:RdA Stephen . Barnhardt Fayetteville Regional Office cc: --File 9-181 APS Central Files v