470012_ENFORCEMENT_20171231

i
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 13, 1998
Charles Locklear
2419 Lakewood Drive
Laurinburg, NC 28352
SUBJECT: NOTICE OF DEFICIENCY
Charles Locklear Farm
Registration No. 47-12
Hoke County
Dear Mr. Locklear:
On April 7, 1998, staff from the Fayetteville Regional Office of the Division of
Water Quality inspected the Charles Locklear Farm swine facility. It was observed
that the facility's waste lagoon was in the emergency storage level (14 inches)
according to the marker. It was also noted that the record keeping needs some
improvement. Coastal bermuda and small grain pump records were being kept
together on the same IRR -1 and IRR -2 sheets. Irrigation records indicated that
the number of acres had not been calculated for each pull for each of the spray
fields.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Lower the lagoon level to the required freeboard on a suitable waste
application field as soon as weather permits.
2. Consult with a technical specialist for assistance in regard to calculating the
number of acres in each pull for each one of the spray fields so that accurate IRR -1
and IRR -2 forms can be maintained.
228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301.8043
PHONE [phone] FAX 91 o-488-0707
AN EQUAL OPPORTUNITY/ A FFIRMATIVE ACT ION EMPLOYER -80% RECYCLED/ 10% POST -CONSUMER PAPER

.Page 2
Robert Locklear Farm
April 13, 1998
3. Keep separate IRR-1 and IRR 2 forms for each -crop listed in the CAWMP.
Please notify this office on or before May 13, 1998 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 Jeffery Brown, at (910)
486-1541.
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW .
John Ray - Hoke Co. NRCS : .

rF..' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT_ REQUESTED
Mr. T. D. Upcurch
PO Box 440
Raeford, NC 28376
SUBJECT: NOTICE OF DEFICIENCY
T.B. Upchurch, Inc.
Facility No. 47-12
Permit No. AWS470012
Hoke County
Dear Mr, Sir:
On February 1, 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 Duality 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 fife. If you have any questions
concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
John Ray, Hoke County NRCS
Howard Hobson, Carroll's Foods, Inc.
228 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE. NORTH CAROLINA 28901-8043
PHONE910-488-tS41 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER • 50% RECYCLED/10% POST -CONSUMER PAPER

W A 7-, 9Y
Michael F, Easley, Governor
William G. Ross Jr., Secretary
y
North Carolina Department of Environment and Natural Resources
7
Alan W. Klimek, P.E. Director
0
Coleen Sullins, Deputy Director
Division of Water Quality
November 14, 2003
T.B. Upchurch, Inc.
PO Box 759
Rose Hill, NC 28458
Subject: Issuance of Notice of Deficiency
T.B. Upchurch, Inc.
47-12
Hoke County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated Tune G, 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 a Notice of Deficiency will be issued for the self reported lagoon level in the
storm storage. However, no further compliance/enforcement actions will be taken by the
Division for these high freeboards.
In the future, please continue to evaluate ways to maintain frceboard 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: Malling'Address. Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled 110% post -consumer paper
http:llh2o.enr.state.nc.us
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.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 47-12
Non -Discharge Compliance and Enforcement Unit
Central Files

"if."n
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor, Director Secretary
AQUIFER PROTECTION SECTION
November 18, 2010 RECEIVED
CERTIFIED MAIL DEC 0 2 2010
RETURN RECEIPT REQUESTED
DENR-FAYETEMLLE REGIONAL OFFICE
T.B. Upchurch, -Inc.
T.B. Upchurch, Inc.
110 Box 1559
Raeford, NC 28376
Subject: NOTICE OF DEFICIENCY
T.B. Upchurch, Inc., Facility 447-12
A W 5470012
Joke County
NOD -2010 -PC -1170 / Incident no.201002746
To Whom it May Concern:
On October 1, 2010, staff of the NC Division of Water Quality (DWQ), Aquil`er Protection Section (APS) was notified by
Cameron Brown of a high freeboard levels in the lagoons. We wish to thank Mr. Brown 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 titre
subject animal waste disposal system pursuant to 15A NCAC 2'I' 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:
Failu're 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. AWG100000.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 QOC
Phow 910433-33001 FAX : [phone] Customer Service: 1-877-623-674$ NOhth Ciaro� 1 not
Internet: www.h20.enr.atate.nc.us
An Equal Opportunity %AffirmativeAction Lmployor Naturally

Cont. Page Two
November 18, 2010
T.B. Upchurch, Inc.
On October 1, 2010 a lagoon/storage pond levels were documented at 18 inches. A level of 19 inches is the maximum
levels allowed by your permit and Certified Animal Waste Management Plan.
Required, Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. "fake 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 our office at (910)-433-3300.
Sincerely,
Robert Marble
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick - CAFO Unit
1-1oke County Soil and Water Conservation District
NCDSWC-FRO
I=RO Compliance Animal Files
Murphy -Brown, LLC

RECEIVED
DEC 0 2 2010
DENR=FAYETTEVILLE REGIONAL OFFICE _

AI�Alv
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 28, 2009 R F C Ell L)-`
T. B. Upchurch Inc ,,
T. B. Upchurch, Inc 3 0 2M
PO Box 1559 OI3VR_FAYEif�yl
Raeford, NC 28376 LLEREGIOX40FRCE
Subject: Additional Information Request
Application No. AWS470012
T. B. Upchurch, Inc
Hoke County
Dear T. B. Upchurch Inc:
The Animal Feeding Operation Unit of Division of Water Quality's Aquifer Protection Section has completed a
preliminary review of your renewal permit application package. Additional information is required before we
may continue our review. Please address the following items within 30 (thirty) days of receipt of this letter:
You were requested to submit two copies of your facility's waste utilization -plan (WUP or, nutrient
management.plan, NMP.)•with your permit renewal application: Our,rccord show both copies. of the waste plan,
are,,missing in.your: permit application. Please,submit missing copies of your current WUPjor:NMP. oto
attention at the address given at the bottom -of the. first page of.this letter. ­ ,.. . ;• _ . .
:, .. Please be"aware that,you are responsible for meeting all. -requirements set -forth in North Carolina rules -and ir:•r�..,.�".
regulations; ..Ariy,oversights•that occurred -in the review of the subject application packagerareatill the
rr responsibility:of the'applicant:••.In addition, any omissions made in responding to the above -.items -shall result,irr
future requests.for additional information.
.-. rPlease reference:the-subject application number when .providing the requested information;" All Aocbments.shall,,W?
be, signed; sealed,and dated, *ith two (2) copies submitted: to: my -attention at the address below. Please: note -that.r,•=% >
failure to provide this additional information on or before the above requested date may result in-your.-
application
n your."application being returned as incomplete. . '
If you have any questions regarding this letter, please feel free to contact me at [phone].
cc: Fayetteville Regional Office, Aquifer Protection Section
Hoke County Soil and Water Conservation District
Murphy -Brown, LLC
APS Files- AWS470012
Aquirer Protection Section 1636 Mail service Center
Internet: www.ncwaterauality.or%t Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recycled1l0% Post Consumer Paper
Sincerely,
Mlressa D. Garoma
Animal Feeding Operations Unit
11Ppr` h Carol ina
atura!!y
Raleigh, NC 27699-1636 'telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer service: [phone]