770013_ENFORCEMENT_20171231

o�oF WA rF,4QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
> y
p Alan W. Klimek, P.E. Director
Division of Water Quality
July H, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Sullivan
342 Linwood Lane
Rockingham, NC 28379
Re: Notice of Deficiency
High Freeboard
Sullivan Poultry
AWS770013
Richmond County
Dear Mr. Sullivan:
On 1112412006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
AWG200000 Section III 13(c), that the freeboard level of the lagoon was 16.3 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's 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 an additional one (1) foot of
structural freeboard."
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards, They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Not of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
go
NCarolina
Nacturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Telephone: [phone]
Internet: www n water alily.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
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July 11, 2007 y -40
Page 2
Sullivan
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359- are met.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. 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 call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. POAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.nc.us/aps/afou/afou home.htm
Sincerely,
�oY Art Barnhardt
Regional Supervisor
cc: Faility-File—77=0-1=3
APS Central Files
Murphy -Brown, LLC

April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David W. Sullivan
342 Linwood Lane
Rockingham NC 28379
SUBJECT- Notice of Violation
Request for Information
Inadequate Freeboard
Sullivan Poultry
#77-13
Richmond County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
On March 10, 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 February 29, 2000. 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 reoccurring.
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
40A
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617' . State Courier 1152-01-01 Raleigh, NC 27699-1617
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ht1p✓/h2o.enr.s1ate.nc.us

Inadequate Freeboard
Page 2
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 CAWMP, 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 lagoons) 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 lagoon level(s) are still 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 letter.
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
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Nori-Discharge Compliance/Enforcement Unit
Central Files

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes_, Secretary
A. Preston Howard, Jr., P.E., Director
April. 21, 1994
CERTTFfED MAIL
RETURN RECEIPT REQUESTED
David W. Sullivan
342 Linwood Lane
Rockingham NC 28379
Subject: NOTICE OF VIOLATION
Animal Waste Management System Registration
As Per 15A NCAC 2H .0217(c)
Richmond County
Sullivan Poultry
Dear Mr. Sullivan:
ASR' 27 1994
ENV. MANAGEMENT
FAYEITEVILLE REG. OFFICF
This letter is to inform you that the Division of Environmental Management received your
Registration Form for Animal Feedlot_Opgrations on 1/21/94. This late submittal is a violation of
Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(c)
which required the registration to be received by the Division on or before December 31, 1993.
In addition to this registration requirement, please be advised you are also required to
submit an Animal Waste Manaaement Plan on or before December 31, 1997, as per Title 15A of
the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(a)(1)(E).
If you need financial or technical assistance with regard to the development of your animal
waste management plan, you should contact your local Soil and Water Conservation District Office
at [phone].
If you have any questions concerning this information, please call Michael Wicker,
Fayetteville Regional Office Water Quality Supervisor at [phone] or Dianne Williams
Wilburn at [phone], ext. 233.
Sin rely,
14APres5to/n46oward, Jr., P.E.
cc: Regional Water Quality Supervisor
Richmond County Soil and Water Conservation District
Richmond County Health Department
Regional Coordinator - NC Division of Soil and Water Conservation
Planning Branch
Operations Branch
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary.
A. Preston Howard, Jr., P.E., Director
February 2, 1994
CERTIFIED MAIL
REJIMN RECEIPT REQUESTED
1 David W. Sullivan
342 Linwood Lane
Rockingham, NC 28379
Subject: NOTICE OF VIOLATION
Animal Waste Management System Registration
As Per 15A NCAC 2H .0217(c)
�kichmond County
3 Sullivan Poultry'
Dear Mr. Sullivan:
FEB 8 1994
ENV, MANAGEMENT
PAYEI'TEVII_LE REG. OFFIC't
This letter is to inform you that the Division of Environmental Management received your
Registration Fo for AniMal Fe dlot Operations on Jan -21-94. This late submittal is a violation
of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section
.0217(c) which required the registration to be received by the Division on or before December 31,
1993.
In addition to this registration requirement, please be advised you are also required to
submit an Animal Waste Management- Plan_on or before December 31, 1997, as per Title 15A of
the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(a)(1)(E).
If you need financial .ar technical assistance with regard to the development of your animal
waste management plan, you should contact your local Soil and Water Conservation District Office
at [phone].
If you have any questions concerning this information, please call Michael Wicker,
Fayetteville Regional Office Water Quality Supervisor at [phone] or Dianne Williams
Wilburn at [phone], ext. 233.
Sin rely, A
Preston award, Jr., P.E.
cc:Regional Water Quality Supervisor
Richmond County Soil and Water Conservation District
Richmond County Health Department
Regional Coordinator- NC Division of Soil and Water Conservation
Planning Branch
Operations Branch
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 27, 1999
David Sullivan
342 Linwood Lane
Rockingham, NC 28379
SUBJECT: NOTICE OF DEFICIENCY
Sullivan Poultry
Facility No. 77 - 13
Richmond County
Dear Mr. Sullivan:
On May 11, 1999, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Sullivan Poultry swine facility. It was observed
that the facility's waste lagoon was in the emergency storage level (approximately
2 inches below the spillway). Irrigation records indicated that the last pumping
was performed in the spring of last year. It was noted that the waste storage
structure failed to have an adequate gauged marker to accurately reflect the level
within the lagoon. It was also observed during the inspection that the lagoon
dikes were not being maintained. A follow-up visit was made to this facility on
May 14. The lagoon had been lowered approximately two inches and some
mowing around the lagoon dikes had been performed since the first site visit.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Continue to lower the lagoon level to the required freeboard on a suitable
waste application field as weather permits and per the Certified Animal Waste
Management Plan. Provide this office with the current liquid level of the lagoon.
2. Maintain the inside and back slopes of the lagoon dikes so that they can be
inspected for evidence of erosion, seepage, and damage by animals on a routine
basis.
226 GREEN STREET, Gum714, FAYETTEVILLE, NORTH CAROLINA ,R8901-8049
PHONE [phone] FA% B 1 0.466-0707
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Page 2
Sullivan Poultry
May 27, 1999
3. Consult with a technical specialist to modify or replace the current lagoon marker in order to
accurately reflect the maximum and minimum liquid level elevations based on the lagoon design.
Please provide a written response to this office on or before June 25, 1999 regarding corrective
actions taken or planned. 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 [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Audrey Oxendine - FRO DSWC
Vilma Marra - Richmond Co. NRCS
Tony Moore - N.G. Purvis Farms, Inc.

WAr �QG
Michael F. Easley, Governor
O�0F
William G. Ross Jr., Secretary
�—�
• North Carolina Department of Environment and Natural Resources
Aian W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David W. Sullivan
342 Linwood Lane
Rockingham, NC 28379
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Sullivan Poultry
Facility Number 77-13
Richmond County
Dear Mr. Sullivan:
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.
V-1r,r
RTD
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01 -01 Raleigh, NC.27699-1617
An Equal Opportunity i Affirmative Action Employer
50% recycled 110% post -consumer paper
http:llh2o.enr.state. ne.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.
Sincerely,
U
aul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 77-13
Non -Discharge Compliance and Enforcement Unit
Central Files