630004_ENFORCEMENT_20171231

Michael F. Easley, Governor
William G. Ross h„ Secretary
North Carolina Department of Environment and Natural Resources
April 3, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Gilbert Key
546 Maness Rd.
Robbins, NC 27325
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Key Farm
NPDES Permit No. NCA263004
Moore County
Dear Mr. Key:
Alan W, Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition 11I.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March 1 of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterquality.ort Location: 2728 Capital Boulevard
An Equa! opporturiitylAffirmative Action Employer— 50% Recycled110% Past Consumer Paper
tma.2
Carina
7y
Raleigh, NC 27699.1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

April 3, 2007
Page 2
Mr. Key
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000 per day per violation. Information submitted will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
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.
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either Joan
Schneier at the Fayetteville Regional Office at [phone] or Miressa D, Garoma at (919)
715-6937.
Sincerely
jArtaardt
Aquifer Protection Supervisor
Fayetteville Regional Office
cc: Facility File Moore -63-004
AFS Central Files
N G Purvis Farms Inc.
Division of Soil and Water, Fayetteville Regional Office
Moore Soil and Water Conservation District
Co 1

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13 p7
Michael F. Easley, Governor
r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7
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Y
Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2006
CERTIFIED_MAII.
RETURN RECEIPT REQUESTED
Gilbert Key
596 Maness Road
Robbins, NC 27325
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Key Farm
NPDES Permit No.NCA263004
Moore County
Dear Gilbert Key:
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition 111. 12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncw=Mualily.or Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Aatlon Employer— 50°% Recycled/10% Post Consumer Paper
Nom` Carolina
Nturally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Gilbert Key
Page 2
April 25, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
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 [phone] or Miressa D. Garoma at [phone].
Sincerely,
�Z4NI-A
Stephe Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 63-4
APS Central Files
N.G. Purvis Farms, Inc.
Division of Soil and Water, Fayetteville Regional Office
Moore Soil and Water Conservation District

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 3, 1997
Gilbert Key
Key Farm
596 Maness Rd
Robbins NC 27325
SUBJECT
Dear Mr. Key:
[DEE H N FZ
RECEIVEn
APR 0 7 1997
11�YE7TEV1LLE
RFC. OFFICE
Notice of Violation
Designation of Operator in Charge
Key Farm
Facility Number 63--4
Moore County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending.you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47,2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File .
Enclosure
P.O. Box 29535, It) FAX [phone]
Raleigh, North Carolina 27626-0535 N�� An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Gilbert Key
Key Farm
596 Maness Road
Robbins, NC 27325
Dear Mr. Key:
IDEEHNF;Z
DIVISION OF WATER QUALITY
February 27, 1997
Subject: NOTICE OF DEFICIENCY
Lack of Necessary Lagoon Storage
Key Farm (Reg. # 63-4)
Maness Road
Moore County
On 2/19/97, staff from the Fayetteville Regional Office of the Division of Water Quality
inspected the Key Farm. It was observed that the liquid level in the second stage lagoon was
dangerously high and did not meet the minimum 19 inches of combined freeboard and storage
criteria.
On the date of the inspection, the lower lagoon liquid level was approximately 4 inches from the
low -point on the lagoon dam. In addition, seepage was noted to be originating from the backside
of the Iower lagoon dam embankment. During the inspection you indicated that this seepage was
the result of a natural spring present in the lower lagoon dam. However, this must be verified
in order to insure that the structural integrity of the dam is intact and poses no threat to nearby
surface waters. It is recommended that you obtain the services of a registered Professional
Engineer to certify the lower lagoon's structural status and possibly suggest some steps that can
be taken to repair the seep. Furthermore, it is of the utmost importance that you lower the
lagoon liquid level via the spray application of waste during appropriate weather conditions on
a well established vegetative cover.
Wachovia Building, Suite 714, Fayetteville N45C
FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-488-1541 50% recycled/10% post -consumer paper

Page 2
Mr. Key
2127197
Please notify this office in writing within 30 days at the address located on the bottom of the
previous page as to the actions taken or proposed to be taken to resolve these deficiencies.
Nothing in this letter should be taken as absolving this facility of the responsibility and liability
of any violations that have resulted or may result from these deficiencies. If you have any
questions concerning this matter, please call either myself or Mr. Ed Buchan, Environmental
Engineer, at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Facility Compliance
Central Files - Raleigh
Audrey Oxendine - DSW Fayetteville
Ruth Kirby - NRCS Moore County

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Routine O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other
Date of Inspection
Facility Number
Time of Inspection Z: a Use 24 br. dme
Farm Status: `"'r""""" Total Time
' eent dpN or InspectionaIudes boors)
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Farm Name: T M r 9.111.E County:
Owner Name: +.,w1...G lePbone ft olo) L" 35 2 wrlrw
AWling Address: Ufa NLbt fs LQ c �� w.......... .
Onsite Representative: - 16.131 Integrator.—.11 G.
Certified Operator: S• Operator Certification Number:
Location of Farm: r
Latitude ��• [_�•« Longitude �• �� �«
O Not Operational A Date Last Operated:
Type of Operation and Design Capachy
�.�^ r. F• t�zix �fi, � �, rt•,", �F k ��.
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rSWiR! X ^:.;!t�� ;.,�*�?r,:Number.�:. ,� 5� P011ltry.t:ftk r . NQbEr k r„�riN�lmlr3
Wean to Feeder `tomDairy
ceder to Fini h oo o Non ❑ Beef
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Farmly to F n'� 0er 1_jrpe of Livestock
..W �,,:� +};iy;":. p'{'�i !1'• �1, ] _ .FSCs . .F.y, 1..A•:•� W �. {i..3t Yfy £. W.� IYWq�,1�... �^,�..y�w.+�e�y�ttYy` ) ���••r '�i.an� �L%t �Y V' t�...
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' Number of Lagoons 1 Holding Ponds ,r b ❑ Subsurface Drains Present gg
>+dW.' �' a ; \� �, ❑ Lagoon Area [� Spray Field Area ,
���rw ' �wrr`�ullrrr.�wrrru�w�u.irw��.��i�i lid
1. Are there any buffers that need maintenanceJimgrove?
2 Is any discharge observed from any part of the operation?
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in pllmin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ).
3. Is there evidence of past discharge from any part of the operation?
4. Was there any adverse impacts to the waters of the State other than from a discbarge?
❑ Yes
JINo
E3 Yes
($NO
E3 Yes
® No
0 Yes
JBNo
E3 Yes
® No
® Yes
*] No
ei Yes
MjNo

•
6. Is hc1lity not in c=Vffmm with any applicable setback criteria? E3 Yes �Eo
7. Did the facility fail to have a certified operator In responsibic charge (if inspection after I/M7 E3 Yes Wo
S. Are them lagoons or storage ponds on site which need to be property closed? 0 Yes Bio
J!Mctures (Lagoons and/or Holdin
9. Is structural freeboard less than adequate? ]Eyes 13No
Freeboard (fty Lagoon I 64-t) Lagoon 2 VA-,) Lagoon Lagoon 4
10. Is seepage observed from any of the stractureO
erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structum need maintenancelimprovement?
(if any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures, lack adquate markers to identify start and " pumping levels?
14. Is them physical evidence of over application?
.(If in excess of WMT, or runoff entering waters; of the Statc, notify DWQ)
15. Crop type - - &,.* -- -
16. Do the active crops differ with those designated in the Animal Waft Management Plan?.
17. Does the facility have a lack of adequate acreage for land application?
13. Does the cover crop need improvemknt?
19. Is them a lack of available irrigation equipment?
Dom CerIffied-ESCROIL9,29
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
23. Does facility require a follow-up visit by &zmc agencyl
24. Did ReviewerAnspmor fail to discuss reviewlinspection with owner or operator in dwv?
9 Yes 13 No
7 Yes 13 o
EO Yes 13 No
13 Yes 0 No
13 Yes SNo-
10 Yes 0 No
E3 Yes UNo
0 Yes 21 No
'4u"
13 Yes ISNO
8 Yes E3 No
E3 Yes EINo
Cxitnmeat (iefir't6"q6ekj6n"'#):;. E41ain'6yYES xnsweriind&riy4ctomm'
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Reviewer4ospector Name 'gT -S!Z'
Revlwer/inspector Signature: Date: