630012_ENFORCEMENT_20171231

NORTH CAROLINA DEPARTMENT OF
vp ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
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NCDENR.'s
DIVISION OF WATER QUALITY
February 17, 1999
A 'JAMES B. HUNTJR'a_•-_
GOVERNOR 3.
T; CERTIFIEDMAiL
r RETURN UCEIPTQUERTD
A E
Mr, Edward Johnson
WAYNE MCDEVITT �� �.. ;.�
SECRETARY,:,. ` P.O. Bol, 808
West End,NC 27276
Subject: Notice of Violation
Naked Creek Swine Farm
Facility No. 62-12
Montgomery County
f Dear Mr. Johnson:
t 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 ofyour 2H .0217 Permit.
On February 9, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an annual inspection of the Naked Creek Farm in
-
Montgomery. County . During this inspection it was noted that lagoon # 2 vas in the
structural freeboard (appro-mmately 8 inches from overtopping) while lagoon It I was
within the required freeboard (appro?umateiy 5 inches from the spill ay), The dike on
•
lagoon 4 1 needs a suitable cover grass to prevent erosion and the surface water
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drainageway needs stabilization and a cover grass. The lagoon marker in lagoon # 1
�
ears to be constructed incorrectly. In addition the irrigation records and the
app } � g
certified animal waste management plan (CAWMP) on-site at the time of the
inspection revealed different plant available nitrogen (PAN) rates and unusually short
'.
application windows for the crops. There was a cover crop on the fields in accordance
..
with the CAWMP but due to the short application windows no waste had been applied
during the past few months resulting in the high freeboard levels. The grower was
instructed by the integrator to flush the houses with fresh water for disease control
which also contributed to the high lagoon levels.
`""'�' y
The Division of Water Quality requests that the following item(s) be addressed:
1. Immediately lower the lagoon levels to the required freeboard on a
suitable crop as soon as weather permits per CAWMP-
225 GREEN STREET, SUITE 714, F'AYETTEVILLE, NORTH CAROLINA 28901-8043
PHONE [phone] FAX [phone]
AN E 4U AL 0 P PORTU N I TY /AP PI R MATIVE ACTION EMPLOYER - 50% RECY CLE0/10% POST -CONSUMER PAPER

Mr. Johnson
February 17, 1999
Page 2
2. Contact a technical specialist for assistance in regard to the establishment of a suitable grass
cover on the lagoon dikes and the surface water drainageways.
Contact a technical specialist for assistance in regard to the proper installation of the lagoon
level indicators.
4. Contact a technical specialist for assistance in regard to possible modifications to the CAWMP
to assist in the prevention of future high freeboard violations.
Failure to comply with the above conditions may result in the facility losing its deemed permitted status
and being required to obtain an individual non discharge permit for the facility.
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,
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,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Terry Jones - Carroll's Foods, Inc. Laurinburg Office

_K*A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Melvin G. Purvis
N.G. Purvis Farms, Inc.
2504 Spies Rd
Robbins, NC 27325-7213
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
April 22, 2009
Subject: NOTICE OF VIOLATION (NOV-2009-PC-0353)
Administrative Code 15A NCAC 2H.
Farms and permits per attached list
Dear Mr. Purvis:
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 2H .0217, you have been found to
be in violation of your 2H .0217 Permit.
Violation 1: Failure to conduct a sludge survey for 2008 in accordance with your permit,
Section III Condition 19.
On March 30-31, 2009, compliance inspections were conducted at your facilities. A review
of your records showed no sludge surveys were done during calendar year 2008 for lagoons
on these farms.
Required Corrective Action for Violation 1:
Conduct a sludge survey of the first lagoons) receiving waste for each farm for calendar year
2009, as soon as practicable. Please send copies of the new sludge surveys to the Fayetteville
Regional Office by June 1, 2009.
AQUIFER PROTECTfON SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 Onet
Phone: 910333,3300 i FAX: [phone] Customer Service: 1.877-023-6748 NO thCaroll na
Intemet: www.h20.enr.state.nc.us ;aturallty
An Equal Opportunity 4 Affirmative Aclbn Employer

Mr. Purvis
April 22, 2009
Page 2
If any lagoon is in the process of "spring turn over", please delay its survey until it settles. If any
lagoon's sludge depth exceeds its liquid treatment depth, please complete the new survey form,
found on our website at
http://h2o.enr.state.nc.uslaps/afou/Forms.htm under Supplemental Reporting Forms.
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 $25,000.00 per day per
violation.
If you have any questions concerning this matter, please do not hesitate to contact either Ms.
Joan Schneier Environmental Specialist or myself at [phone].
Sincerely,
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
cc : SB/tab
Central Files - Raleigh
FRO Files

Mr. Purvis
Page 3
April 22, 2009
List of Farms and Permits Included in NOV
Farm Name
Faci I ity No.
Coun
Permit No.
Little River Farm
62-0006
Montgomery
AWS620006
Wet Creek Farm
63-0001
Moore
AWS630001
Holly Ridge Farm
63-0006
Moore
AWS630006
Deerfield Farm
63-0007
Moore
AWS630007
Indian Hills Farm
63-0008
Moore
AWS630008
Blue Ribbon Swine
63-001.2
Moore
AWS630012
Tar Heel Swine
77-0012
Richmond
AWS770012