780100_ENFORCEMENT_20171231

2 ly
NORTH CAROLINA
Department of Environmental Quaff

�OF W Ar, ,q Michael F. Easley, Governor
G William G. Ross Jr., Secretary
Uj North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 20, 2005
EFA
0
Mr. Kraig Westerbeek
Murphy -Brown, LLC
PO Box 856
t Rase Hill, NC 28458 0Ffl0E
RE: Acknowledgment of Receipt of Payment
Case No. PC 04-011
Farm 97711
Robeson County
Dear Mr. Westerbeek:
This letter is to acknowledge receipt of your check No. 260989 in the amount of $1,703.55
on April 19, 2005. This payment satisfies in full the civil assessment in the amount of $1,703.55
levied against Murphy -Brown, LLC and the case has been closed. If you have any questions,
please call me at [phone].
Sincerely,
/&a
Keith Larick
Animal Feeding Operations Unit
cc: Fayetteville -Regional' Office
File 4 PC 04-011
Central Files
No Carolina
Natirally
Aquifer Protection section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http7//h2o.enr.state-ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer-- 50% Recycled/10% Post Consumer Paper

W A TE�9Q
Michael F. Easley, Governor
�pF
William G. Jr., Secretary
`Q
Cn
Ross
North Carolina Department of Environment and Natural Resources
.r
Alan W. Klimek, P.E. Director
Division of Water Quality
March 22, 2005
CERTIFIED MAIL — 7002 2410 0003 0273 3327
RETURN RECEIPT REQUESTED
Mr. Kraig Westerbeek
Murphy -Brown, LLC
PO Box 856
Warsaw, NC 28398
RE: Request for Remission of Civil Penalty
Carroll's 7711
Farm # 78-100
Robeson County
File No. PC 04-011
Dear Mr. Westerbeek:
RECEIVED
MAR 2 8 2005
ON-FAYEiTE U.E REGIONAL OFRCE
In accordance with North Carolina General Statute 143-215.6A(O, I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $1,703.55.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
\ohCarolina
Aquifer Protection Scetion 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
lntemet: ht,tp:l/h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
,

If you or your representative would like to _speak before the Committee, you must complete
and return the attached form within thirty(30) days of receipt of this letter. Send the completed
form to:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Steve Lewis at [phone] or Keith Larick at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/scl
cc: Art Barnhardt, Fayetteville APS Regional Supervisor
fMdff Brantley, FRO
File # PC 04-011
APS Central Files

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
CARROLL'S FOODS, L.L.C.
AND/OR MURPHY-BROWN L.L.C.
ENVIRONMENTAL MANAGEMENT
COMMISSION
CASE NUMBER PC 04-011
REQUEST FOR ORAL PRESENTATION
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In
making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

oW A rk9pQ
65D[. 1
Mr. Kraig Westerbeek
Murphy -Brown LLC
PO Drawer 856
Warsaw, NC 28398
RE: Remission Request
Carroll's #7711
Permit # NCA278100
Robeson County
File # PC 04-011
Dear Mr. Westerbeek:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resourccs
January 4, 2005
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
JAN 0 6 2005
DENR-FAYEiiE LLEREGIONAL OMCE
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
February 2, 2005, and you will be notified about the Division's decision concerning remission. If
you have any questions, please call me at [phone].
Sincerely,
Steve Lewis
Animal Feeding Operations Unit
cc: ►Art $arnhardt FayetteviII@Regional Supervisor w/attachment
Mark Brantley, Fayetteville Regional Office wlattachment
APS Central Files
File # PC 04-011 w13 attachments
NotthCarolina
JUatura!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
lntvmet:htip://h2o.eiir.slitit:,nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/)0% Post Consumer Paper

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT }
OF CIVIL. PENALTIES AGAINST }
CARROLL'S FOODS, L.L.C. }
AND/OR MURPHY-BROWN, L.L.C. )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC 04-011
Having been assessed civil penalties totaling $1,703.55 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated November 29, 2004 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
f�
This the r day of TV Ce " 2 , 2004/
Ak
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i
SIGNATURE
MP
AD RESS cv
TELEPHONE

Murphy—Bro VV n LLC
PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
Tel: [phone]
Fax:[phone]
CD
C-)
Mr. Steve Lewis
U)
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
-
Mr. Lewis,
c;
This letter is sent in response to you November 30, 2004 assessment of civil penalties against
facility number78-100 in Robeson County. We request remission or mitigation of the penalty imposed
based on our belief that one of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b), specifically
Condition No. III. 11 e. of the General Permit, was wrongfully applied to the detriment of the petitioner.
Our basis for this position follows.
We agree as stated that DWQ staff from the Fayetteville Regional Office inspected the farm on
September 8, 2004 and observed that the waste level of the lagoon for 7711 was at fifteen inches. We also
agree that this level exceeded the level specified in the CAWMP. We disagree, however, with the
conclusion that Murphy -Brown staff failed to notify DWQ in a timely manner as required by Condition
11I.11 e. As explained in previous correspondence, the inspection occurred on the morning of September 8,
2004. Farm personnel had not visited lagoon site that morning prior to the inspection, but did accompany
the inspectors on their visit. When the collective group arrived at the site, it was discovered that the farm
had received greater than 5" of rain since the previous evening. A more accurate accounting of rainfall for
the night previous could not be made due to the rain gauge being limited to 5" of capacity. We did not
notify the division of the 15" freeboard Level prior to the inspection because the previous day the freeboard
level was over 20", and DWQ staff was on site at the time of discovery.
Item F. in the Findings of Facts for this case states that the freeboard requirement for farm #7711
is 30". This lagoon was built after 1996 and, therefore, has additional storage area built in for a `heavy
rainfall factor'. It is apparent from the documentation that we have received to date on this issue that the
Division assumes that the `heavy rainfall factor' is a part of the freeboard requirement for the lagoon, rather
than a part of the storage area. We feel that this assumption is in error. It is our understanding that the
engineers responsible for the addition of this requirement in the updated NRCS technical guide intended for
this portion of the lagoon area to be used during periods of above average rainfall as a part of the temporary
storage. In fact, Division employees have communicated to us in the past that encroachment into this area
is not a freeboard violation if chronic rainfall has occurred. Based on the previously submitted rainfall
records, it seems clear that this farm had received chronic rainfall during July and August of 2004. In the
Spring of 2004 a stakeholder group was formed to look at the chronic rainfall issue for the legislators of
North Carolina. Division staff participated in this group. Our notes from this forum indicate that the issue
of post-] 996 lagoons was discussed, and the consensus of the group was as described above. Furthermore,
our notes show that the Division indicated during this forum that 19" was the compliance threshold for
`heavy rainfall factor' lagoons if a chronic rainfall period had occurred. Based on these indications, we did
not feel that we had and obligation to notify the Division until freeboard levels reached 19" or less, which
they did not until the night before the inspection.
The chronic rainfall stakeholder group mentioned above was convened to provide some clarity to
all parties regarding freeboard levels during chronic rainfall events. I think that the record will show that

no less than four tropical systems impacted this farm during the Summer of 2004, bringing enough rainfall
to qualify as a chronic rainfall period. Based on this fact, and the confusion regarding the reporting issue
above, we feel that the penalty imposed should be re -considered. Murphy -Brown's EMS requires that
employees report any permit violations to the Division as required by our operating permits. The record
shows that we have taken this reporting obligation seriously in the past, and will continue to do so in the
future. Our alleged failure to notify in this particular case is clearly a result of our confusion with regards
to reporting thresholds.
If there are any question or concerns, please feel free to contact me at [phone].
S' ely,
aig esterbeek
irect r of Environmental Compliance

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC 04-011 County: Robeson
Assessed Party: Carroll's Foods, LLC and/or Murphy -Brown, LLC
Permit No. (if applicable): NCA278100 Amount Assessed: $1�,703.55
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing, and Stipulation
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the
civil penalty assessment document);
V (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d} the violator_had not been assessed civil penalties for any previous violations;
(e) payment of the civil pen altywiil prevent payment for the remaining necesss
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance). a_�
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EXPLANATION (attach additional pages as necessary):
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Michael F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
November 30, 2004
CERTIFIED MAIL - 7002 2410 0003 0273 3259
RETURN RECEIPT REQUESTED
Mr. Matt Mehlenbacher
Murphy -Brown, LLC Laurinburg Division
PO Box 1767
Laurinburg, NC 28353
SUBJECT: Assessment of Civil Penalties
for Violation of Permit Conditions
Farm # 78-100
Robeson County
File No. PC 04-011
Dear Mr. Mehlenbacher:
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
DEC 0 1 2004
OI:NR-fAYE1'IE LLE REGIONAL OFRCE
This letter transmits notice of a civil penalty assessed against Carroll's Farm 7711, 7703, 7704 in
the amount of S 1,703.55 which includes $203.55 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if malting payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
One
NvhCarolina
�l aturn!!�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone] or Mr. Keith Larick
at [phone].
Sincerel --
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
TLB/scl
ATTACHMENTS
cc, Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Mark _Brantley, FRO w/ attachments
File # PC 04-011 w/ attachments
APS Central Files w/ attachments
Susan Massengale, PIO w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT }
OF CIVIL PENALTIES AGAINST }
CARROLL'S FOODS, L.L.C. _ }
AND/OR MURPHY-BROWN, L.L.C. )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC 04-01 l
Having been assessed civil penalties totaling $1 703.55 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated November 29, 2004 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
I

JUSTIFICATION FOR REMISSION REQUEST
DWp Case Number: PC 04-011 County: Robeson
Assessed Party: Carroll's Foods, LLC and/or Murphy -Brown, LLC
Permit No. (if applicable): NCA278100 Amount Assessed: $1,703.55
Please use this form when requesting remission of this civil penalty. You. must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing and Stimulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed)_
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 b
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., etplain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain tvhy the
violation teas unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from peiforming
the activities necessan! to achieve compliance).
EXPLANATION attach additional aces as necessary :

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ROBESON
File No. PC 04-011
IN THE MATTER OF )
CARROLL'S FOODS, L.L.C. AND )
MURPHY-BROWN, L.L.C. )
FOR NPDES GENERAL ) FINDINGS AND DECISION
PERMIT VIOLATIONS ) AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Carroll's Foods, L.L.C. (Carroll's Foods) and Murphy -Brown, L.L.C. (Murphy -
Brown) are limited liability companies organized under the laws of Delaware.
Murphy -Brown, L.L.C. is the current manager of Carroll's Foods, L.L.C.
B. Carroll's Foods and/or Murphy -Brown own and operate Farm #7711, 7703, 7704,
a swine operation in Robeson County.
C. Carroll's Foods and/or Murphy -Brown was issued Certificate of Coverage
NCA278100 under General Permit NCA200000 for Farm 47711, 7703, 7704 on
April 14, 2003, effective April 14, 2003, with an expiration date of July 1, 2007.
D. Condition No. V. 3. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the CAWMP
(Certified Animal Waste Management Plan). 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 stonn event plus an additional one (1) foot
of structural freeboard."
E. The CAWMP for Farm #7711, 7703, 7704 requires that the waste level in the
lagoon for #7711 does not exceed thirty (30) inches.

F. Condition No. III. 1 I e. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V.3. of the issued permit.
G. DWQ staff from the Fayetteville Regional Office inspected Farm #7711, 7703,
7704 on September 8, 2004 and observed that the waste level of the lagoon for
7711 was fifteen (15) inches, which exceeded the level specified in the CAWMP.
H. The Fayetteville Regional Office had not received notification from Carroll's
Foods Inc. that the waste level exceeded the level specified in the CAWMP.
I. The costs to the State of the enforcement procedures in this matter totaled
S203.55.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carroll's Foods and Murphy -Brown are "persons" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4),
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the General Permit.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoonlstorage pond
greater than or equal to that required in Condition No. V. 3. violated Condition
No. 11I. 11 e. of the General Permit.
E. Carroll's Foods and/or Murphy -Brown may be assessed civil penalties pursuant to
G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than
twenty-five thousand dollars (S25,000.00) per violation may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Carroll's
Foods and/or Murphy -Brown pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282. 1 (b)(8).
G. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Carroll's Foods and/or Murphy -Brown are hereby assessed a civil penalty of:
$ S'D p, p [7 for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ L000.00 for violating Condition No. Ill. I 1 e. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3.
$ 203.55 Enforcement costs
$ i7 D 5, SS _ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying, the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
! oy
(Date) Thd6dore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

Michael F. Easley, Governor
V4 A TERQG
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 30, 2004
CERTIFIED MAIL — 7002 2410 0003 0273 3259
RETURN RECEIPT REQUESTED
Mr. Matt Mehlenbacher
Murphy -Brown, LLC Laurinburg Division
PO Box 1767
Laurinburg, NC 28353
SUBJECT: Assessment of Civil Penalties
for Violation of Permit Conditions
Farm # 78-100
Robeson County
File No. PC 04-011
Dear Mr. Mehlenbacher:
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
DEC g 1 20M
ON - FA*TiHL.LE REGIONAL OFFICE
This letter transmits notice of a civil penalty assessed against Carroll's Farm 7711, 7703, 7704 in
the amount of S1,703.55 which includes $203.55 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Flo hCarolina
Aquifer PTOLtCtiOn Section 1636 Iviail Service Center Raleigh, NC 27699-1630 Phone [phone] Customer Service
Internet hun:`:h2o-enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Oppuriuniiy/Ailirntative Action Employer— 50% Recycled1lUX, Post Consumer Paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr_ Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
r
Le 0
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone] or Mr. Keith Larick
at [phone].
Sincere]
U
Theodore L_ Bush, Jr., Chief
Aquifer Protection Section
TLB/scl
ATTACHMENTS
cc: Art -Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Mark Brantley, FRO w/ attachments
File # PC 04-011 w/ attachments
APS Central Files w/ attachments
Susan Massengale, Pi0 w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
CARROLL'S FOODS, L.L.C. )
AND/OR MURPHY-BROWN, L.L.C. )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC 04-011
Having been assessed civil penalties totaling $1,703.55 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated November 29 2004 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality Nvithin thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC 04-011 County: Robeson
Assessed Party: Carroll's Foods, LLC and/or Murphy -Brown, LLC
Permit No. (if applicable): NCA278100 Amount Assessed: $1 703.55
Please use this fonn when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation or
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N_C.G.S. 143B-2821()
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent f tture
occurrences),-
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how paytnertt of the civil penalty will prevent you fr•orn petforming
the activities necessai-ti, to achieve compliance).
EXPLANATION (attach additional paces as necessary):

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ROBESON
File No. PC 04-011
IN THE MATTER OF )
CARROLL'S FOODS, L.L.C. AND )
MURPHY-BROWN, L.L.C. }
}
FOR NPDES GENERAL ) FINDINGS AND DECISION
PERMIT VIOLATIONS ) AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Carroll's Foods, L.L.C. (Carroll's Foods) and Murphy -Brown, L.L.C. (Murphy -
Brown) are limited liability companies organized under the laws of Delaware.
Murphy -Brown, L.L.C. is the current manager of Carroll's Foods, L.L.C.
B. Carroll's Foods and/or Murphy -Brown own and operate Faun #7711, 7703, 7704,
a swine operation in Robeson County.
C. Carroll's Foods and/or Murphy -Brown was issued Certificate of Coverage
NCA278100 under General Permit NCA200000 for Farm #7711, 7703, 7704 on
April 14, 2003, effective April 14, 2003, with an expiration date of July 1, 2007.
D. Condition No. V. 3. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the CAWMP
(Certified Animal Waste Management Plan). 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."
E. The CAWMP for Farm #7711, 7703, 7704 requires that the waste level in the
lagoon for #7711 does not exceed thirty (30) inches.

F. Condition No. Ill. 1le. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V.3. of the issued permit.
G. DWQ staff from the Fayetteville Regional Office inspected Farm #7711, 7703,
7704 on September 8, 2004 and observed that the waste level of the lagoon for
7711 was fifteen (15) inches, which exceeded the Ievel specified in the CAWMP.
H. The Fayetteville Regional Office had not received notification from Carroll's
Foods Inc. that the waste level exceeded the level specified in the CAWMP.
1. The costs to the State of the enforcement procedures in this matter totaled
$203.55.
Based upon the above Findings of Fact, I make the following:
1I. CONCLUSIONS OF LAW:
A. Carroll's Foods and Murphy -Brown are "persons" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the General Permit.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3. violated Condition
No. III_ I 1 e. of the General Permit.
E. Carroll's Foods and/or Murphy -Brown may be assessed civil penalties pursuant to
G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Carroll's
Foods and/or Murphy -Brown pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282.1(b)(8).
G. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Carroll's Foods and/or Murphy -Brown are hereby assessed a civil penalty of:
$ S P 0., for violating Condition No. V. 3. of the General Pen -nit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$_ I 0 0• Oy for violating Condition No. M. I I e. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3.
$_ 203.55
$_ 1 -7 D 3,. SS
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
-
(Date) Th dore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ROBESON
File No. PC 04-011
IN THE MATTER OF )
CARROLL'S FOODS, L.L.C. AND )
MURPHY-BROWN, L.L.C. }
FOR NPDES GENERAL ) FINDINGS AND DECISION
PERMIT VIOLATIONS ) AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1, Jeffrey
0. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit, make the
following:
1. FINDINGS OF FACT:
A. CarroIl's Foods, L.L.C. (Carroll's Foods) and Murphy -Brown, L.L.C. (Murphy -
Brown) are limited liability companies organized under the laws of Delaware.
Murphy -Brown, L.L.C. is the current manager of Carroll's Foods, L.L.C.
B. Carroll's Foods and/or Murphy -Brown own and operate Farm # 7711, 7703, 7704,
a swine operation in Robeson County.
C. Carroll's Foods and/or Murphy -Brown was issued Certificate of Coverage
NCA278100 under General Permit NCA200000 for Farm # 7711, 7703, 7704 on
April 14, 2003, effective April 14, 2003, with an expiration date of July 1, 2007.
D. Condition No.V.3 of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the CAWMP
(Certified Animal Waste Management Plan). 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."
E. The CAWMP for Farm # 7711, 7703, 7704 requires that the waste level in the
lagoon for #7711 does not exceed (30) inches.

F. Condition No. III Ile. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V.3. of the issued permit.
G. DWQ staff from the Fayetteville Regional Office inspected Farm # 7711, 7703,
7704 on September 8, 2004 and observed that the waste level of the lagoon for
7711 was fifteen (15) inches, which exceeded the level specified in the CAWMP.
H. The Fayetteville Regional Office had not received notification from Carroll's
Foods Inc. that the waste level exceeded the level specified in the CAWMP.
1. The'costs to the State of the enforcement procedures in this matter totaled $4090.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Carroll's Foods and Murphy -Brown are "persons" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No.V.3. of the General Permit.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No.V.3.violated Condition No.
III 1 i e. of the General Permit.
E. Carroll's Foods and/or Murphy -Brown may be assessed civil penalties pursuant to
G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1. Y
F. The State's enforcement costs in this matter may be assessed against Carroll's
Foods and/or Murphy -Brown pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282. 1 (b)(8).
G. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Carroll's Foods and/or Murphy -Brown are hereby assessed a civil penalty of
$ for violating Condition No.V.3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ for violating Condition No. III 1 Le. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No.V.3.
$ ?01 55. Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-2 82. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

Murphy -Brown LLC
To: Division of Water Quality
Mr. Stephen A. Barnhardt
DENR — DWQ _AQUIFER PROTECTION SECTION
225 Green ST — Suite 714
Fayetteville NC 28301-5043
From: Jimmy Oxendine
P.O. Box 1767, 325 McKay Street
Laurinburg, North Carolina 28353
Phone: [phone]
Fax [phone]
CC: Matt Mehlenbacher, Jerry Trier,Craig Westerbeck, Mark Pahl
RECEIVED
OCT 5 - 2W4
DHdR - lA'lE��U-E Rr-22 l02
Subject: Notice of Violation/Notice of Intent at Facility No. NCA2782100
Dear Mr. Barnhardt, -
This is in response to your request for information on Permit N. NCA278100.
On August 12 it is noted on the weekly inspection that the lagoons on this site were all in
compliance. 7703(28inches), 7704(331n), and 7711(36in) were the levels. As can be seen on the
Daily Rainfall Record we received rain on the 13'h(2.4in) and 16'h(2.8in). On both days as noted
by the initials I inspected the lagoon. Our rain gauges only can record up to 5 inches at a time.
On August 23`a the lagoon levels were 7703(29in), 7704(35in), and 7711(30in). I realized we
were above the start pump area in lagoon 7711. Based on the year before and what I had been
told by my supervisors the level when DWQ needed to be notified was when we reached 19
inches. Therefore DWQ was not notified at this time. Our concern was for the1agoons at 7703
and 7704 both of which we had pumped onto the cropland and pumped 2,809,230 gal. We could
not pump out of all three lagoons and perceived 7703 as a greater concern. We could pump out
of 7703 and 7704 at the same time, but not 7711 with 7703_
On September 2d Trent Allen made a Soil and Water inspection with Jerry Trier. Trent
expressd concern at the level of the lagoon at 7711 and asked if DWQ was informed. He was
told that DWQ according to Mr. Trier's information that it was not necessary until the 19 inch
mark. Mr. Trier called the corporate office and was informed that the 19-inch mark was the level
to call into DWQ.

We had a large amount of rain in the night of September 7t'. We were in the process of doing
our lagoon inspections on the a when we met with Larry Baxley from DWQ. This was our day
of discovery of below 19 inches on several lagoons including 7703, which is on the same permit.
To prevent this from happening in the future the following steps have been implemented:
1. A board has been placed in our meeting area listing all current freeboard levels and the
start pump levels for each lagoon.
2. We have been trained on reading CAWMF.
3. Any water level above the start pump mark would be called into DWQ immediately.
If you have any more questions so not hesitate to contact me at 910/2764628 or Matt
Mehlenbacher at 910/276-0648.
Sincerely,
Jimmy Oxendine

Murphy=Brown
Daily Rainfall Record
Farm: ?7) I 1
2004
January February
SVH m3m TUES YYED THUR FFd SAT SUN . MOH TUES WED THUR FRI SAT
1
2
s 1
2
3
4
s
0
T
a
9
tie a
9
10
1t
12
isJa
u
3
11
12
is
14
15
1T 1s
16
17
76
19
20
1
lie
18
19
20
21
a
23
24 22
23
2a
25
26
27
�a
21
25
26
21
2s '
29
39
31
March April
SUN MON TOES WED THUR FRI SAT SUN MON TUES WED THUR FRI SAT
1
7
3
4
5
6
13
7
6
9
a
11
12
13 a
5
J.a
8
7
a
9
1q
• i
111
14
0
16
17
1a
19
Jo
1.1
2p N
12
13
14
15
to
1T
21
22
23
24
25
26
27 Is
19
70
21
22
73
to
1 �
1.3
I.7
s
29
30
31
26
26
27
24
2S
30
May June
SUN MON TUES WED THUR FRI SAT SUN MON TUES WED THUR FRI SAT
1
t
a
3
4
5
• I`•/ `
i Q
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js
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15 13
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18
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21
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127
30
31
If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been checKea.
' Fax to LNM at the end of eery month Retention Period: 3years
REVISION 1 11/14103

Ivlurphy Brown
'�'• � Daily Rainfall Record
Fsr771: - -
J.:
2004
July
August
SUN
IR
IDES
WED
THUR
FRI
6
SAT
T
SUN MON TUES WED THUR FRI SAT
1 2 ]
1
2
J a
d.O
.
b •0
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L 6
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20
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2n
30
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30 L7 o
31
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• o
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September
October
SUN MON TUES WED THUR FRI SAT_
SUN MON TUES WED THUR FRI SAT
0
- d
O
5
a JD
7
a
9
10
„
4
s
s
7
9
9
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13
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7a
17
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ti
12
73
14
15
16
j0
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0
19
20
21
22
23
24
25
17
18
19
ZO
21
22
23
0
O
26
27
28
29
70
Z4
25
26
27
[l
29
7U
November December
SUN MON TUES WED THUR FRI SAT SUN MON TUES WED THUR FRI SAT
t
16
1
If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been checked.
Fax to LNM at the end of every month Retenlion Period: 3 years REVISION t: 11/14/03

PMd16d
Mfedc 15 1i w k 16 week 17 Yvaek 18 week 19 week 20 week 20
VYeek 21
week 22
M4* 23
week 24
. FARM
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WM
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47l M
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7701
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1
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2Dt.158
2M,M3
. 202,745
203,682
2D4,72D -
2M372
205,372
205.372
2%.372
205,372
2 -
15,694
' 15,9993
' 16,p61
- 16,157
16,407
16,673
17.4t4
11069
19,806
21,082
2Z289
3t+4X00
TAM
Z400
1.
69.651
70.4M
71,i?g4,
76.221
77.211
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2
17,897
17,897
17.897
17.897
17,07
17,898
17,898
VAN
t7,898
'
17,903
17,904
7703
4
1 149
1Z517
1Z
13.219
13.571
13.953
14,511
f
15.6W
16.91
16,980
2
288,383
288,BB6
289,371
289,878
290,414
290.975
291,M
29Z259
29Z803
29%687
294,370
444,50D
77M
z400
1
18.9n
7F.078
78,W9
78,984
78,984
78.M
79,002
79.D12
79.013
79,D31
79,042
402,400
2
75,882
77,092
77,971
79,116
80,152
81,716
83,162
84,603
85.881
87,443
89,695
770SfAM
Z40D
1
379.125
380.QBD
9,076
10,485
11,816
t3,290
14.770
6,Sa9
17,B54
19,642
2G.Sff
2
10.815
10,843
94.342
9048
94.351
94,351
K370
94,391
94,393
94.415
94.422
saism
#NAME?
2095
2169
2250
2380
2494
2614
2787
28V
770i IM
z4DD
1
6.
8,061
380,9 2
38ZOM
3BZ953
384
.824
3WBM
357,811388.896
388,638
2
94,341
94,341
11.3'M
11.370
11.386
14.398
11.456
11.458
115M
11.6922
1Z719
WALUM
7707FAM
Zkoo
1
7Z291
73,153
73.944
74,97
75,718
73,all,
7a, 150
80.051
81,635
83,DM
84,
2
104.542
1D4,542
104.542
104.542
104,542
104,542
104.542'
104,542
104,542
104.542
104,545
357.900
7710
Z400
1
16.00i
16.001
16,001
15,001
16,001
16,OD1
16,001
16,001
MOM
16,001
16,001
2
3Z312
33,059
33,904
34,851
35,794
36,857
37.914
ABU
39,784
40,877
4ZO61
757.800
1
IAW
1
203A2T439:
c<3�.
, 2W;
208136""
18� '2ft 34R>"212 41. 2?$i
364,100

VVN* 25
week 28
Wwk 27
Wwk 28
week 21D week 30 Mm* 31
week 32
week 33
week 34 Wadi 35 Week 36
WeW37
7J M
711t104
7MM6
712M
SM4
am
WSW
iM318i
8AOiO4•
lIm
RM1104
!rl9194
Mam
Z5,668
206.148
7116,371
2p6,448
_ 205.449
m449
208,479
2i17,277
208,468
209,799
210,707
211,699
21 Z I329
a138
24.518
^418
29.837
28,157
29,279
39,873
31,145
3t,145
3045,,
31145
31145
31145
127
407
64,532
85.596
86,684
89,M
9Q867
91.764
92,7
1
17.905
17,9DB
17,908
17,906
17,908
17,215 17,915
17,915
17,917
17,917
17,917
17917
M17
17,521
1XI89
18,M
19.664
A512
2ijio
2twy
2Z374
23,
23,023
23.023
23,023
294,953
295,829
298,515
297.167
297,711
796,M
29,878
299,359
299,945
3p1,OM
3OZ209
303,731
304,967
79,
79.M
79,
79,066
79.068
80,154
81.317
BZ297
83.132
94,0775
85,lit
90,202
91,787
92,90.9
94,479
95,805•
97,051
W408
98.413
98,413
98,413
W413
K414
98.414
2Z521
24,145
25.S74
27,
29.4ib
30,949
33.715
35,142
36.4o7
37.600
38.754
39,900
94,424
K434
94.441
94,447
K463
94,489
94.=
K556
94,598
94,61O
94629
9401
94MB
2926
2994
3081
3155
3244
3344
34W
-34M
3619
-3557
35812
-3604
-36M
782
615
388,529
388,46E
3W4W
W93
308.353
388,305
388,255
368.239
388222
388X16
388194
14.435
. 15,960
17,344
.18,481
19,594
20.599
21,14E
22,622
24,416
25,481
25,947
27.815
28,700
721
67,282
68,676
90,046
91.161
9Z431
93.0
96.021
M280
97,400
W,165
1UQ175
101,152
104,542
104,542
104,542
104,542
104,542
104.542
104,542
104,542
104,5Q
104.542
104,542
104,542
104,542
16.001
IGNO
18,000
1 ,000
18,000
MOW
1S.DDO
16,000
t6.ow
16,000
ffl,000
16,000
1 ,
42,960
M,208
45,3m
45.451
47,786
46,685
49,544
50,726
51,867
52,788
53,673
54,450
55.485

rower: Brown's of canxina arrtn # 7711 Designedy: KBW
Address. PO Box 1767 Checked By: DSE
1 Laurinburg, NC 28352 Date: 09/13/02
County: - Robeson Sheet 1 of 7
FARM INFORMATION
Nursery:
Finishing:
Farrow to weanling:
Farrow to feeder:
Farrow to finish:
Boars:
Storage Period:
25 Yr. / 24 Hr Storm Event
"Heavy Rain" Factor
Rainfall in Excess of Evaporation
Additional Water Usage:
Additional Drainage Area:
LAGOON INFORMATION
Is Lagoon Designed as an Irregular Shape?
(Y/N)----------
Does Operator Want Emergency Spillway?
REQUIREDM!M
- Is This Design for an Existing Farm?
(YIN) --- ------
Is Drain Tile Req'd to !rower SHWT?
(YIN) ------------
Seasonal High Water Table Elev: -------------------
Freeboard: ------------------
Emergency Spillway Flow Depth: ----------------
Side Slopes: --------------
Top of Dike Elevation:
Finished Bottom Elevation:
Start Pump Elevation:
Stop Pump Elevation:
Press ALT-C to Download
contour areas see sheet 2 of 7
------- Depth
------ 13.00 Ft.
----------- - 30.48 1n.
------------ 74.76In.
LAGOON VOLUME
Storm Stor =
REQUIRED
207083
VOL-
(Cu.Ft.)
Temporary =
534162
(Cu.Ft.)
Permanent =
872928
(Cu.Ft.)
Total Volume =
1,614,174
(Cu.Ft.)
O-EEIGN
207,343 (Cu.Ft.)
569,843 (Cu.Ft.)
873,965 (Cu.Ft.)
1,651,151 (Cu.Ft.)
Y
Y
N
N
0
0
2400 Hd.
0
0
0
180 Days
7.0 In.
7.0 In.
8.0 In.
0
0
93.00 Ft.
1.0 Ft.
0.3 Ft.
3 :1 (H:V)
101.90 Ft.
88.90 Ft.
99.36 Ft.
95.67 Ft.
°/a RED-D.
100.13%
106.68%
100,12%
102.29%
Min. Required Liner Thickness ------------------- 40 mil HDPE liner
Lagoon Surface Area: (Inside TOD)------------------- 177,500 S.F.

urower: Brown's ort;aronna r-arm
Address: PO Box 1767
Laurinburg, NC 28352
County: Robeson
LAGOON STAUAREA
ELeva#ign(�.
VOLUMES
Contour
Ag&L5F-)
88.90
113,548
89.00
_ 113,987
90.00
118,416
91.00 •
122,928
92.00
127,523
93.00
132,201
94.00
136,962
95.00
141,807
96.00
146,735
97.00
151,746
98.00
156,839
99.00
162,016
100.00
167,277
101.00
172,620
101.90
177,500
JVVy1VY -J• 41V .T
Checked By: DSE
Date. 09/13/02
Sheet 2 of 7
11,377
11,377
116,202
127,578
120,672
248,250
125,226
373,476
129,862
503,338
134,582
637,919
139,385
777,304
144,271
921,575
149,241
1,070,815
154,293
1,225,108
159,428
1,384,535
164,647
1,549,182
169,949
1,719,130
157,554
1,876,684
These volumes were calculated using the vertical average end area method.
TOTAL REQD VO
1,614,174
CF
CUMULATIVE
VOL.
ZONE VOL.
102.29%
END PUMP = = =
95.67
FT
873,965 CF
TR'MT
873,965
100.12%
START PUMP = =
99.36
FT
1,443,808 CF
TEMP
569,843
106.68%
MAX STORAGE =
100.60
FT
1,651,151 CF
STORM
207,343
100.13%
P.O. Box 856,Warsaw, NC 26398 [phone]

C&olina Farm # 7711
Address: P,O;Box 1767
l urinburg, NC 28352
County:. � :Robeson
MINIMUM REQUIRED VOLUME CALCULATION;?
Permanent StgEage:
Required Treatment Volume:
Designed By:
Checked By:
Date:
Sheet 3 of 7
ima ype Capacity cu. . = aka
Nursery
0
30
1.00
0
Finishing
0
135
1.00
0
Farrow to weanling
2,400
433
0.67
696,264
Farrow to feeder
0
522
0.67
0
Farrow to finish
0
1,417
1.00
0
Boars
0
400
0.501
0
Total Required Treatment Volume (cu. ft.)=
Sludge Storage Volume:
696,264
,Animal Type CapaEity cu. . — ota
Nursery
0
30
0.25
0
Finishing
0
135
0.25
0
Farrow to weanling
2,400
433
0.17
176,664
Farrow to feeder
0
522
0.17
0
Farrow to finish
0
1,417
0.25
0
Boars
0
400
0.125
0
Total Required Sludge Storage Volume (cu. ft.)=
Temp-qrary Storage Volume:
Manure Production:
176,664
Animal Type Capacity Sto. Period Jday)=To-tat
Nursery
0
180
0.30
0
Finishing
0
180-
1.40
0
Farrow to weanling
2,400
180
4.30
1,857,600
Farrow to feeder
0
180
4.50
0
Farrow to finish
0
180
13.50
0
Boars
0
180
4.00
0
Total Manure Production (gals.)=
Total Manure Production (cu.ft.)=
Excess Fresh Water:
1,857,600
248,342
Animal—TypeCapacity-* to. Period J d ay = ota
Nursery
0
.180
0.20
0
Finishing
0
180
0.90
0
Farrow to weanling
2,400
180
2.90
1,252,800
Farrow to feeder
0
180
3.50
0
Farrow to finish
0
1801
9.50
0
Boars
0
1 180
1 2.70
0
Total Fresh Water Excess (gals.)=
Total Fresh Water Excess (cu.ft.)=
1,252,800
167,487
KBW
DSE
09/13/02
arms

:wer: Brown's of Carolina Farm # 7711
Address: PO Box 1767
Laurinburg, NC 28352
County: Robeson
%mjjQrary 51Qrage Volume: (Cont.)
Designed By: KBW
Checked By: DSE
Date: 09/13/02
Sheet 4 of 7
Rainfall in Excess of Evaporation:
Vol.=(Lagoon Surface Area +Additional Drainage Area)' Rainfall 1 12in./ft
Vol.= (177500 sq.ft. + 0 sq.ft.) ' 8 in. /12 in./ft.
Total Required Volume for Rainfall in Excess of Evap. (cu.ft.)= 118,333
Storm Storage:
Vol.=(Lagoon Surf. Area + Addt'I Drainage Area) ' 25Yr./24Hr. Storm(in)112in.lft.
Vol.= (177500 sq.ft + 0 sq.ft.). " 7.0 in. /12 in./ft.
Total Required Volume for 25Yr.-24Hr. Storm Event (cu.ft)= 103,542
"Heavy Rain" Storage:
Vol.=(Lagoon Surf. Area + Addtl Drainage Area) ' "Heavy Rain' Factor (in) / 12in./ft-
Vo!_= (177500 sq_ft + 0 sq.ft.) 7.0 in. /12 in./ft.
Total Required Volume for "Heavy Rain" (cu.ft.) = 103,542
(for Extended Periods of Chronic Rainfall)
Additional Water Storage:
No Additional Water Storage is Required
Total Required Storm Storage
(25 Yr. / 24 Hr. Storm + "Heavy Rain") _
Total Required Temporary Storage
(Manure Prod. + Excess Fr. Water + Rainfall Excess)
Total Required Permanent Storage
(Treatment + Sludge) _
TOTAL REQUIRED VOLUME=1614174 (CU.FT.)
207,083 (CU.FT)
534,162 (CU.FT)
872,928 (CU.FT)
y Family Farms Engineering P_ O. Box 759, Rose Hill NC 28458 (910) 289-211

er: Brown's of Carolina Farm # 7711 Designed By:. KBW
,,Address: PO Box 1767 Checked By: DSE
Laurinburg, NC 28352 Date: 09/13/02
County: Robeson Sheet 5 of 7
Top of Dike Elevation -------------------
101.90
FT.
Emergency Spillway Crest Elevation ----------------
100.60
FT.
Top of 25 yr124 hr Storm Storage -------------------
100.60
FT.
Top of "Heavy Rain" Storage -- ----------- -----
99.99
FT.
Start Pump Elevation ------------
99.36
FT.
End Pump Elevation -- -----
95.67
FT.
Top of Sludge Storage -----------
90.41
FT.
Seasonal High Watertable Elev.-------
93.00
FT.
Finished Bottom Elevation --- ----- -------
88.90
FT.
Inside Top Length --- --
Not
Applicable
Inside Top Width ------------------
Not
Applicable
Side Slopes -----------------
3:1
H:V
Lagoon Surface Area ---------------
177,500
SF
Min_ Liner Thickness (if required) ---------------
40 mil HDPE liner
Freeboard Depth ----- ----
1.00
FT.
Temporary Storage Period -------- --------
180
Days
TOTAL DESIGN VOLUME = 1651151 (CU.FT.)
Zone 12epths:
Treatment 1 Sludge Storage Zone Depth --------- 6.8 FT.
Temporary Storage Zone Depth ---------- 3.7 FT.
Freeboard / Storm Storage Zone Depth ------- 2.5 FT.
Total Lagoon Depth -------- -- 13.0 FT.
y Family Farms Engineering P.O. Box 759, Rose Hill NC 28458 [phone]

Grower: Brown's of Carolina Farm # 7711
Address: PO Box 1767
Laurinburg, NC 28352
Countv: Robeson
ZONE ELEVATIONS
uesign r bvv
Checke DSE
Date: 09/13/02
Sheet 6 of 7
TOP OF DIKE ELEV = 101.90
1 1 1
1 1 TOP OF STORM ELEV = 100.60 1 1
1 1 1 1
1 TOP OF HEAVY RAIN ELEV = 99.99 !
1 1
STRT PMP EL.= 99.36 1 TOP OF TEMP STORAGE ELEV = 99.36 /
1 /
END PMP EL. = 95.67 1 TOP OF TREAT ELEV = 95.67 SHWT = 93.00
1 1
1 1
1 TOP OF SLUDGE ELEV = 90.41 !
1 I
FINISHED BOTTOM ELEV = 88.90
Murphy Family Farms Engineering P.O. Box 759, Rose Hill NC 28458 [phone]

's
PO Box 1767
Laurinburg, NC 28352
Robeson
# T711 Designed By:
Checked By:
Date:
Sheet 7 of 7
This livestock waste treatment lagoon is designed in accordance with the North Carolina
Natural Resources Conservation Service PRACTICE STANDARD 359- WASTE TREATMENT
LAGOON, revised in September, 1996.
Emergency Spillway:
An Emergency Spillway has been designed per the owners request.
NOTE: See attached Waste Utilization P1a'`��(Y1AG;',...
DESIGNED: �:G!�!/� SEAL
02399
� c ll L �s c
DATE:�GftSo;o-
,,,rF`iD
COMMENTS: The lagoon has been designed as an irregular shape.
Actual contour areas taken from the lagoon design are used to calculate
the surface area and storage volume characteristics of the lagoon.
This approach insures that rainfall capture on the lagoon is fully
accounted for and that storage volumes calculated represent actual
conditions regardless of the shape.
KBW
DSE
09113IO2
Murphy Family Farms Engineering P_ 0. Box 759, Rose Hill NC 28458 (9101 289-2111

1�
Type of.Visit. c rpuanc:e Inspection O Operation Review O Lagoon Evah ation
Reason for V-tsit O Routine O Complaint 110F011owup O Emergency Noti%mion Q Mer 0 Denied Access
Facility Number I o0 Date of Visit" _ q�8• d Y Time:
r0­NotQnrafionA Q Below Threshold
01�rmitted Q ertified ei Conditionally Certified [3 Registered Date Last Operated or Above Thresholds
Farm Name: ----, F'•r+ - - I??D 3T _ County. _1�
Owner Name: �_ arm (.,c ,r,��� _ 'Phone No:
Mailing Address:
�"1aYi P4�bar:tr
Facility Contact: --Title: Phone No•
Onsite Representative: 3"ePo v Integrator.
Certified Operator._, Y c r. of', n e_ _ , Operator Certification Number: 174, Sy
Location of Farm:
.r
[W wine ❑ Poultry ❑ Cattle ❑ Horse Latitude Longitude �• ���
Swine Pan�caty +: Poo
Dessip Current.:
"Canacrtv Peuu]ation, . Cattle
Wean to Feeder
Layer
Feeder to Finish
Non -Layer
arrow to wean
Farrow to Feeder
Other
Farrow to Finish
Gilts
Boars
i` _ Current
tton
NruogbeCL�ocmS Y
,x ��
y ri Y
Discharges &Stream lmoscis
I. Is any discharge observed from any part of the operation?
❑ Yes 00 No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a_ If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in galhnin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2_ Is there evidence of past discharge from any part of the operation? ❑ Yes JU No
3- Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4- Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Stlucture 5 Structure 6
Identifier:
Freeboard (inches):
12112/03 Continued

Number:tr Date of laspaction 1jr-r-gy J
Are there any immediate tlueats yto the integrity of any of the structures observed? Cie/ trees, severe erosion,
❑Yes
❑ No/
serge, etc.)
-6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
❑ Yes
r] No
closure plan?
(if any of questions 4.6 was answered yes, and the dination poses as
immediate pubkle health or environmental threat, notify DWQ)
7.' Do any of the structures need maintenancefimprovement?
❑ Yes
❑ No
8. Does any part of the waste management system other than waste structures require mairitenancerimprovement?
❑ Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
❑ Yes
❑ No
elevation markings?
Waste Ann iration
10. Are there any buffers that need maintenancehmprovement?
❑ Yes
❑ No
I I - Is there evidence of over application? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc
12. Crop type
13- Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
1S. Does the receiving crop need improvement?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Odor Issues
17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ yes [j No
liquid level of lagoon or storage pond with no agitation?
18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
19. Is there any evidence of wind drift during land application? (i.e_ residue on neighboring vegetation, asphalt, ❑ Yes [INo
roads, building structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ❑ No
Air Quality representative immediately.
Feld Copy El Final Notes
3 AtTT r,f, '-"S a res-lf of be,'-t9 pr4Ser1 �'v"
Na�f/j Cur.�:;� .Saul+ Q�aI wu.•�r� ;� :�4e .D:r _�'
�3 •art .{' La] Fa ^..t 7 /t 1 L/ y�
w't� Mr. Tlrlr 4f.��7 ery F�It 5��/11 S{OrajC, O;J
.^./ 1-4ec i9rWt 1')041 !evel3 foe
r77�y �df ') As mt, T,`c/, io p!�ase
Reviewer/Inspector Name s
ReviewerAhspector Signature:
12/IZA93
a4av-/ A4-f-
Ir.5 "
7103 (/S .)
C-# a 'OLVa
�z
Co>tAwnd

Numbed — �D Date of Inspection q . >P•O
•� �ried RanniAilk
21. Fail to have Certificate of Coverage & General Fetmit or other Permit readily available?
13 Yes
`0 NO,
.22. Does the facility fail to Have all components of the Certif ed Animal Waste Management Plan readily available?.
(ie/ W1JP, checklisi5; design, maps, etc.)
❑yes
❑ No .
23. Does record keeping need improvement? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ Waste Application '❑ Freeboard . ❑ Waste Analysis ❑ Soil Sampling
24.' Is facility not incompliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
25. Did'the facility fail to have a actively certified ope=or in charge?
❑ Yes
❑ No
26. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
27. Did RevieweVInspector fail to discuss reviewlinspection with on -site representative?
❑ Yes
❑ No
28. Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
29. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
NPDES Permitted Faeilities
30. Is the facility covered under.a NPDFS Permit? (If no, slip questions 31-35) ❑ Yes ❑ No
31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No
32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No
33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No
34. Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No
35. Does record keeping for NPDES required farms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After 1" Rain
❑ 120 Minute Inspections ❑ Annual Certification Form
12112103

HIGH FREEBOARD NOTIFICATION FORM
Staff please retain,your original and place a copy in the High Freeboard Notification
Box located in Richard Canady's office.
Person Receiving Notification LdMP %I 134.- cA I
Facility Number 'y - l o o Date Recei ed S- 1 r- o Y
Farm Name 77/1 77c3 Time S: oo
Caller's -Name K r
Caller's Telephone Numbers
Ike# Slo Z`Tc 44o► V pvj;ia.-Cell# _4ta _0r7 Loot_
Farm # !a - & - 4 27 Pager#
t4%- go-1c
For all callers PLEASE obtain a phone number where they can be reached at any time,
(Cell phone numbers, home phone numbers, farm phone numbers, pager numbers)
Tell the caller that a member of the CAFO unit or Paul Rawls will contact them as soon
as possible.
Freeboard (in inches) ,
Lagoon # 1 �7 -r I I
Lagoon # 2 /G " 7703
Lagoon # 3
Lagoon # 4
Lagoon # 5
Lagoon # 5
Do not instruct the caller on the action they should take. That is up to the caller_ Remind
them that they are to remain in compliance with their Permit and Waste Utilization
Tian.
Make the caller aware that you are assigning a tracking number to their call. Give the
caller the tracking number and tell them to use this number for all future contacts about
this particular incident and when they call back reporting they are back into compliance.
High: Freeboard Level Tracking Number is
Thank the caller for their cooperation.
*Water Quality Staff Only*
If the caller indicates that the lagoon level is <12 inches, contact one of the CAFO staff
AND Paul Rawls. Do not leave a note, e-mail or voicemail without contacting the
CAFO staff AND Paul Rawls.directly on any report of<12 inches.
Treat any report of <12 inches as an emergency event.
*CAFO STAFF ONLY*
Establish a Filemaker/ BIMs Entry number for this report.
Print the Filemaker/ B1Ms Entry and attach it to this form.

9
ffon contained in this database is from non agency sources and is considered unconfirmed.
Animal Operation Telephone Lop -
Facility Number Ej — F100
Farm Name Farm #7711, 7703, 7704
Callers Name
O Reporting Q Complaint
Caller's Phone #
Access to Farm
Farm Accessible
from main road D
Animat Population
Confined
Depop
Feed Available
Mortality
O Yes O No
Q Yes O No
Q Yes O No
O Yes O No
Sprat- Availability
Pumping
Equipment O Yes Q No
Available
Fields O Yes O No
Date
Time
Control Number
Region
Laenon Question§
Breached
10 Yes O No
Inundated
O Yes Q No
Overtopped
10 Yes O No
Water on
O Yes O No
Outside Wall
Dike Conditions
O Yes O No
918/2004
9:00am
18
FRO
Freeboard Level
Freeboard
Plan Due Date
Date Plan Date Freeboard
Inches
(?equals blank)
Received Level OK
Lagoonl 15
9/10/2004
9/10/2004 11
Lagoonl 16
9/10/2004
19/10/?0041 1
Lagoon3 �
Lagoon4
u
Lagoons
Lagoon6
arm visited as result of information from SWCS that 7711 was in the storm storage on his operational
;vie.w..a.fe.w.daycs..befor,e...D.W...Q..had_no..be.e ....naafi.ed..even.,after..h.e..told__them.le._call-..DW.Q..staff..found.........
uo..nf..the..tk�ree..l.agppns..in.thelr.__sts�r�nn .storage.. Aduised. (u1x....Tir�er...thax.he..load_faded.ze..natifly_D.ullQ..as........._.
:�oirt~d..byr..his..ernnit...Rec��la.s�.d.P}Al;�..en..> he..a.farmss..arid.nn..a.ny..att�acx.ki..allad..iatr.fh># ..........
iih..saxaxai..r ra..ferm ..in..fhe..st�rm..stara�a.,..L #�r.aa.carrolls..m
ecame in the storm storage.
.............................. ........... ............................................................1..._................... ... .............................
..F,arm.was..grotrend..truthed.b.y..f..arry..B.axle.y...ill.ark..B.ranil.eyr,..and.lodd..B.e> net ......................................
.......
.......L.13...... QQA........................................... ..............
Comments2

contained in this database is from non agency sources and is considered unconfirmed.
Q Facility Number
Farm Name
Caller's Name
Cailees Phone #
Access to Farm
Animal Operation Telephone Log
78 1oa
Farm #7711, 1703, 7704
O Reporting O Complaint
Farm Accessible
from main road 10 Yes O No
Animal Population
Confined
Depop
Feed Available
Mortality
Q Yes O No
O Yes O No
O Yes O No
Q Yes Q No
SDrav Availability
Pumping
Equipment 10 Yes O No
Available
Fields O Yes O No
Date
Time
Control Number
Region
Loon 4uestions
Breached
O Yes O No
Inundated
JoYes 0 No
Overtopped
O Yes O No
Water on
O Yes O No
Outside Wall
Dike Conditions
O Yes O No
9/8/2004
9:00am
618
FRO
Freeboard Level
Freeboard
Plan Due Date
Date Plan Date Freeboard
Inches
(? equals blank)
Received Level OK
Lagoons 15
9/1012004
/10/2004
Lagoon2 16
9I1012004
9/10/2004 1 1
Lagoon3
Lagoon4
Lagoons
L'__
Lagoon6
arm visited as result of information from SWCS that 7711 was in the storm storage on his operational
.view.,a.few. days..hefore...D.1N.Q..had.no..heen_.notified..even..a#.ter. he. told.thern-to..call..D.W—a.staff-found._...---..
vo... ............
.€�1r.d..f��c..hfs.Prnni1...R.�a.sty.d.'.QA�..on..fig.se.farms..and..�»..ar�y...�thrA.l ia..alfad..lt�.r..th#.ay............
ith..saY.ral..�r�Ar...farms..in..the..starm..sxa.rag..a#�.r..as...Garrtills.. .........
ecame in the storm storage.
.................................................................-..............I.......................__.............._._....._........._............_..........._..................__........................................... .
.4.a.call.taken....Farm.was..gro.und..truth d.by..Larry..Baxley...M.ark..B.rantl.y.,..an.d,lo.dd..BeDnelL......._..............................
......� ........... �............C 6
l `f CtdC:`......� ..................
.c� F 4.. 1
)OR
Cnmments2

on contained in this database is from non agency sources and is considered unconrtrmed.
Animal Operation Telephone Log
Facility Number 78 � F00
Farm Name Farm #7711, 7703, 7704
Caller's Name Peny Tier
Reporting O Complaint
Caller's Phone # [phone]
Access to Farm
Farm Accessible
from main road O Yes t�fio
Animal Population
Confined JoYes Q No
Depop JOYes O No
Feed Available 10Yes O No
Mortality 10Yes O No
Spray Avaailabitit�, .
Pumping
Equipment
10 Yes ' O No
Available
O Yes O No
Fields
Date 9/8/2004
Time 5:00
Control Number 601
Region JFRO
La oon uestions
Breached
10 Yes O No
Inundated
O Yes O No
Overtopped
O Yes O No
Water on
O Yes 5-No
Outside Wall
Dike Conditions
O Yes O No
Freeboard Level
Freeboard
Plan Due Date
Date Plan Date Freeboard
Inches
(? equals blank)
Received Level OK
Lagoons 115
9110/2004
'J Q o:
II
Lagoon2 16
9/10/2004
!
I
Lagoon3
Lagoon4
Lagoon5
Lagoon6
isited the farm and advised Mr. Tier to send in a 30 day POA.
La
Comments2

PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/identifier (ID): 7711
2. Current liquid volume in 25 yr./24 hr. storm storage 8. structural freeboard
a. current liquid level according to marker 17.0 inches
b_designed 25 yr./24 hr. storm & structural freeboard 19.0 inches
c., line b - line a (inches in red zone) = 2.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation) 177500 ft2
e. line c/12 x line d x 7.48 gallons/W 221283 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 180 days
g. volume of waste produced according to structural design 253779 ft3
h. current herd #F--2-40-0-1 certified herd #1 2 000
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 1 08/13/2004
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
253779 ft'
1676571 ft3
141667 ft3
702002 gallons
1.90 Ibs/1000 gal.
1754.2 lbs. PAN
PoA (30 Day) 2/21 /00

II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 26 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1.
Structure ID: 7711
line m = 1754.2 lb PAN
2.
Structure ID: 7703
line m = 1335.5 lb PAN
3.
Structure ID: 7704
line m 1747.4 lb PAN
4.
Structure ID:
line m = lb PAN
5.
Structure ID:
line m = lb PAN
6.
Structure ID:
line m = lb PAN
n. lines 1 + 2 + 3 + 4 + 5 + 6 = 4837.2lbPAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD.
o. tract #
p. field #
q. crop
r. acres
s. remaining IRR
2 PAN balance
(lb/acre)
t. TOTAL PAN
BALANCE FOR
FIELD (lbs.)
column r x s
u. application window'
P 11
Bermuda
3.12
275.00
858.0
March - Sept
P 1
I Bermuda
23.47
275.00
6454.3
March - Sept
P 71
Bermuda
28.30
275.00
7782.5
March - Sept
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 15094.8 lb. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section Il) = 4837.2 lb. PAN
PoA (30 Day) 2/21100

x. Crop's remaining PAN balance (line v from section.lil) = 15094.8 lb. PAN
y. Overall PAN balance (w - x) = -10258 lb. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on new information. If new fields are to be included as an option for lowering lagoon level; add these
fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to
another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the
Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is
available for pumping if needed.
PGA (30 Day) 2/21100

RECEIVED
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILI ES SEP 13 2004
10W-fA*MlXffFS0ML0ffjCE
Facility Number: 78-100 County: Robeson
Facility Name: 7711, 7703, 7704
Certified Operator Name: Operator Number:
17650
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/ID., 7711 7703 7704
Spillway(Y or N): N N N
Level(inches): 15 16 21
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are
within acceptable ranges.
X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste
to be pumped and hauled is reflected in section III tables. Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
"Attach a complete schedule with corresponding animal units and dates fro depopulation
"if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: 09110/2004
I hereby certify that I have reviewed the information listed above and included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correct.
Murphy Brown, LLC _ Phone: [phone]
Facility Owner/Manager (print)
4V= 440944 Zoe Date: 09/10/2004

/Inuri- —Brown. L1.
C>IC: x f'>-
LNM Cost Ce er; Say !of xa
Weekly Nutrient Management System • action Report
OK - Normal R - Repair O - Open
;rarm: 2705 1 -7 ; Q'I 1 -7111 1-7bIl 1 -7 67 7 7y 1 ;'07/
Lagoon Inspection
1 Structure sound,ne erosion, seepage and, rodent damage
2. vegetative cover is adequate
3 Pumps and pipes into and out of lagoon in operational condi
No excess trash in lagoon
5. No sign of sludge accumulation or related problems
6 Secondary containment operational (if applicable)
Irrigation System Inspection
7, Pipes in operational condition
8. Pumps in operational condition
9. Application equipment in operational condition
10 All fuels and oils properly contained
11. Odor from lagoon or irrigation event contained on farm
t 2. No ponding or runoff present in sprayfields
13. (rap condition good
i•t Harvested crops properly used or stored
Action Taken/Person Notified:
Have there been any pumping events on farm site
since the previous report? (Yes/No)
(Muniments
Ell
MW
MEN
MEEMEME
Lagoon LeVels'.
1 f
2
3
d
O
O
6k
6K
aiC
ok
aK
0/t
u
ok
Ot
R.,
34;/;
Fax to L.NM each week
Retention Period; 3 years
nrinimai- AI* ln4

u rl , )7-Brown r.i.c
01 C: ,"C
LNNI Cast Cent r: .. fdr7o
gigIr.5j_
Weekly Nutrient Management System lction Report
OK - Normal R - Repair 0 - Open
Farm:
Lagyon Inspection
1, Structure sound,no erosion, seepage and, rodent damage
2. Vegetative cover is adequate
3 Pumps and pipes into and out of lagoon in operational condi
4. No excess trash in lagoon
5. No sign of sludge accumulation or related problems
6. Secondary containment operational (if applicable)
Irrigation System Inspection
7. Pipes in operational condition
8. 'Pumps in operational condition
Application equipment in operational condition
10, All fuels and oils properly contained
1 1 . Odor from lagoon or irrigation event contained on farm
12. No ponding or runoff present in sprayfields
13. Crop condition good
I :. Harvested crops properly used or stored
Action Taken/Person Notified:
Have there been any pumping events on farm site
since the previous report? (Yes/No)
Lagoon Levels:
t
1
2
3
4
EN
7074
3'7 n
39 ;..
Fax to LNM each week Retention Period: 3 years
Clrininal• A110'3

-Brown
01c:
LNM Cost Ce ter: 501(117
Date
1
Weekly Nutrient Management System fiction Report
OK - Normal R - Repair O - Open
if ? uFarm; ? '20 7 707t
Lagoon inspection
t Structure sound,no erosion, seepage and, rodent damage
2. :vegetative cover is adequate
3 Pumps and pipes into and out of lagoon in operational condi
.t. No excess trash in lagoon
5 No sign of sludge accumulation or related problems
5. Secondary containment operational (if applicable)
Irrigation System Inspection
7. Pipe in operational condition
8. Pumps in operational condition
9 Application equipment in operational condition
r U. All fuels and oils properly contained
1 1 . Odor from lagoon or irrigation event contained on farm
12. No ponding or runoff present in sprayfields
13 Crop condition good
14 Harvested crops properly used or stored
Action Taken/Person Notified:
Have there been any pumping events on farm site
;ince Ulu previous report? (Yes/No)
A
Lag(
� 1
z
3
a
•
ma �wxw�mrawV.
41 1)
y3
Fax to LNM each week
Retention Period: 3 years
Orinlnnl• GN 1na

C
f NM Cost CeAte16-
Date: .
Weekly Nutrient Management System :ctlon Report
OK - Normal R - Repair O - Open
Farm: -7 l j 701170 10 1 —tOI 70%
Lagoon Inspection
1 . Structure sound,no erosion, seepage and, rodent damage
2. Vegetative cover is adequate
3 Pumps and pipes into and out of lagoon in operational condi
4 No excess trash in lagoon
5. No ,ign of sludge accumulation or related problems
6. Secondary containment operational (if applicable)
irrigation System Inspection
7. Pipes in operational condition
8. Pumps in operational condition
9. Appicatlon equipment in operational condition
10. All fuels and oils properly contained
1 1. Gdor Irom lagoon or irrigation event contained on farm
12 No ponding or runoff present in sprayfields
13. Crop condition good
I., - mNested crops properly used or stored
Action Taken/Person Notified:
Have there been any pumping events on farm site
since: the previous report? (Yes/No)
Lagi
1
2
3
4
Comments
l 1rr �'� M.
ak
0K
Ot
O'k
an
OTC
b�
Fax to LNM each week
Retention Period: 3 years
()rinlnz.P A!, lna

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 15, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown, LLC, Laurinburg Division
Mr. Matt Mehlenbacher .
325 McKay Street
Laurinburg, North Carolina 28352
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Murphy -Brown (Carroll's Food Inc.) Farm 7711, 7703, 7704
Facility No. 78-100
Robeson County
Permit No. NCA278100
Dear.Mr.. Mehlenbacher.
You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. NCA278100 Section V 3.)
On 9-8-04 a lagoon/storage pond level was documented at 15 inches of freeboard at farm 7011, facility # 78-100.
A level of 30.48 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated 9-10-04 and received in the
Fayetteville Regional Office on 9-13-04. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section V 3. of your permit.
No" Carolina
�tura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

W
Mr. Mehlenbacher
9-15-04
Page 2
Violation 2: Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24
hours (Permit No. NCA278100 Section III 11e)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition_ The Division of Water Quality has
no record of receiving the 24-hour notification.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
The Division of Water Quality requests that in addition to the specified corrective actions above, please submit the
following items on or before September 30, 2004:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2004 to the present along with a copy of your CAWMP.
2. Please have the OIC for this farm include an explanation as to how this violation occurred.
3. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for these 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 do not believe that enforcement is appropriate for this violation, please include a detailed, written justification
of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office
should receive your response on or before September 30, 2004. Information submitted to -this office will be
reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Marie Brantley,
Environmental Specialist, or myself at [phone].
Sincerely,
Stephen A. Barnhardt
Regic
cc Keith
Central Files - Raleigh
upervisor

A I
T*�*,Av
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Soil and Water Conservation
Michael F. Easley, Governor
September 7, 2004
Mr. Kraig Westerbeek
PO Box 759
Rose Hill, North Carolina 28458
SUBJECT: Irrigation System for Farms 7071,
7072, 7073, and 7074
Robeson County
Dear Mr. Westerbeek,
William G. Ross Jr., Secretary
RECEIVED
SEP 0 8 2M4
139IR - FAYE7i>:NLU RMM 0M
While performing routine operation reviews on the Laurinburg company farms, it was
discovered, through irrigation records and company representative, that Farms 7071,
7072, 7073, and 7074 share common spray fields. These farms are certified and
permitted separately. According to the 1217 guidance document, these farms must be
certified and permitted together to share common spray fields, or the irrigation system
needs to be separated to allow only waste from each farm to spray it's designated
spray fields according to the waste plan.
On behalf of the Division of Soil and Water Conservation, I appreciate your
cooperation with this operation review. Please do not hesitate to contact me at 910-
486-1541 if you have any questions -
Sincerely,
Trent Allen
Environmental Engineer
Cc: Art Barnhardt
Carroll Pierce
Pat Hooper
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX [phone] intemet; www.enr.state.nc.us/ENRI
An Equal Opportanlly 1 AtfrmaWe Action Employer - 50 % Recycled 110 % Post Consumer Paper
NorthCarolina
Naturallff

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Soil & Water Conservation
September 7, 2004
Mr. Kraig Westerbeek
PO Box 759
Rose Hill, North Carolina 28458
SUBJECT: Operation Review Notice of Referral for
Farm 7711, 7703, 7704,
Facility Number 78-100
Robeson County
Dear Mr. Westerbeek,
1 •
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
On September 2, 2004, an operation review was conducted of Farm 7711, 7703, 7704, facility
number 78-100, in Robeson County. This review, undertaken in accordance with G.S. 143-
215.10D, is one of two routine site visits scheduled for all subject animal operations in 2004.
Staff from the Division of Water Quality will conduct a separate compliance inspection.
During the operation review, the following item was noted:
On pull #9 —1.75 acres — the wrong wetted acreage was used causing 756.25 pounds
of nitrogen per acre to be applied. The waste plan only allows 275 pounds per acre.
This may have been caused by not following the wetted acres layout, but this could not
be determined in the field.
It was for this reason that your operation was referred to the Division of Water Quality for
further investigation. G.S. 143-215.10E requires staff from the Division of Soil and Water
Conservation to notify the Division of Water Quality and the ownerloperator of these observed
violations.
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal opportunity Affirmative Action Employer

Mr. Kraig Westerbeek
September 7, 2004
Page 2
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with
this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any
questions, concerns or need additional information.
Sincerely,
Trent Allen
Environmental Engineer
cc: Art Barnhardt, Division of Water Quality
Dana Ashford, Robeson Soil & Water Conservation District
Carroll Pierce, Division of Soil & Water Conservation
225 Green Street, Suite 7141 Systel Bid, Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

Technical Assistance Site Visit Report
• Division of Soil and Water Conservation
O Natural Resources Conservation Service
O Soil and Water Conservation District
O Other...
Facility Number 7i3 100 Date: 912/04 Time: 1 9:00 1 Time On Farm: 90 FRO
Farm Name Farm #7711, 7703, 7704 County Robeson Phone: [phone]
Mailing Address PO Box 759 Rose Hill NC 28458
Onsite
Representative Jerry Trier Integrator Murphy Brown
Type Of Visit Purpose Of Visit
® Operation Review
❑ Compliance Inspection (pilot only)
❑ Technical Assistance
❑ Confirmation for Removal
❑ No Animals -Date Last Operated:
❑ Operating below threshold
® Swine ❑ Poultry ❑ Cattle ❑ Horse
•O Routine
O Response to DWQIDENR referral
O Response to DSWCISWCD referral
O Response to complaint/local referral
O Requested by prod ucerlintegrator
O Follow-up
O Emergency
O Other...
Design Current Design Current
Wean to Feeder
Capacity Population Capacity Population
El Layer
❑ Non -Layer
❑
❑ Feeder to Finish
® Farrow to Wean 7200
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gifts
❑ Boars
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. is there evidence of a past waste discharge from any part of the operation that waste reached
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. is there evidence of a past waste discharge from any part of the operation that waste reached
❑ Other
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. is there evidence of a past waste discharge from any part of the operation that waste reached
❑ yes ® no
surface waters or wetlands?
3- Does any problem pose an immediate threat to the integrity of the waste structure (large trees,
❑ yes ®no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding
® yes ❑ no
requiring DWQ notification?
5• Is there evidence of improper dead animal disposal that poses a threat to the environment
❑ yes ®no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure?
❑ yes ® no
Structure1 Structure 2 Structure 3 Structure 4
Structure 5
Identifier L 3 4 11
Level (Inches) 1 24 27 22
CROP TYPES Cotton heat oybeans lCoastal Bermuda -hay I
Ismall grain overseed
SPRAYFIELD
SOIL TYPES Ly Ra GoA
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03

Facility Number 78 - 100 Date:
9/2/04
PARAMETER
Q No assistance provided/requested
❑ 8. Waste spill leaving site
TECHNICAL ASSISTANCE Needed
Provided
❑ 9. Waste spill contained on site
10. Level in structural freeboard
25. Waste Plan Revision or Amendment
❑
El
011, Level in storm storage
26. Waste Plan Conditional Amendment
❑
❑
27. Review or Evaluate Waste Plan w/producer
El
El
12. Waste structure integrity compromised
❑ 13. Waste structure needs maintenance
28. Forms Need (list in comment section)
❑
❑
29. Missing Components (list in comments)
❑
❑
014. Over application >= 10% & 10 lbs.
El
El15. Over application < 10% or < 10 lbs.
30. 2H.0200 re -certification
016, Hydraulic overloading
31. Five & Thirty day Plans of Action (PoA)
❑
❑
32. Irrigation record keeping assistance
❑
❑
917. Deficient irrigation records
❑ 18. Late/missing waste analysis
El 19. Late/missing lagoon level records
33. Organize/computerization of records
❑
El
34. Sludge Evaluation
❑
❑
❑ 20. Late/missing soils analysis
❑ 21. Crop needs improvement
35. Sludge or Closure Plan
❑
❑
❑ 22. Crop inconsistent with waste plan
36. Sludge removallclosure procedures
❑
❑
37. Waste Structure Evaluation
❑
❑
❑ 23. Irrigation maintenance deficiency
❑ 24. Deficient sprayfield conditions
38. Structure Needs Improvement
❑
❑
39. Operation & Maintenance Improvements
❑
❑
40. Marker check/calibration
❑
❑
Regulatory Referrals
41. Site evaluation
❑
❑
❑ Referred to DWQ Date:
Irrigation Calibration
El
El42.
❑ Referred to NCDA Date:
43. Irrigation design/installation
El
❑
❑ Other...
system
Date:
44. Secure irrigation information (maps, etc.)
❑
❑
LIST IMPROVEMENTS
45. Operating improvements (pull signs, etc.)
❑
❑
MADE BY OPERATION
❑
❑
46. Wettable Acre Determination
1
47. Evaluate WAD certificationlrechecks
❑
❑
48. Crop evaluation/recommendations
❑
❑
2.
49. Drainage work/evaluation
❑
❑
50. Land shaping, subsoiling, aeration, etc.
51. Runoff control, stormwater diversion, etc.
❑
❑
❑
❑
3.
52. Buffer improvements
❑
❑
53. Field measurements(GPS, surveying, etc.)
❑
❑
4.
54. Mortality BMPs5.
❑
❑
55. Waste operator education (NPDES)
❑
❑
56. Operation & maintenance education
❑
❑
57. Record keeping education
❑
❑
6.
58. Crop/forage management education
❑
❑
59. Soil and/or waste sampling education
❑
❑
03/10/03

Facility Number 7t3 - 100 Date: 1 9/2104
COMMENTS:
14- On pull #9 - 1.75 acres - the Irr-2 form shows 6 acres. Using the wrong acres caused 756.25 pounds of nitrogen to be
applied. The waste plan only allows 275 pounds. The use of wrong acres may be in how the pull is made, but this could not
be determined in the field review. A notice of referral will be sent to DWQ for over application.
6- Pull #19 - 6.46 acres - applied 30,910 gals/acre. Make sure to keep under 1 inch (27,154 gals/acre).
7- Pulls 12 - 24 show cotton on the Irr-2 forms, but there are soybeans in the field. Need to correct the Irr-2 forms to current
cops.
1- The new lagoon for farm 7711 requires 30 inches of freeboard at all times. The liquid level was at 22 inches. Requested
Ir. Trier to notify DWQ of lagoon level. Notice of corrective action will be sent.
TECHNICAL SPECIALIST rrent Allen
SIGNATURE
Date Entered: g/7/04 Entered By: rent Allen
3 03/10/03

. State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Division of Soil & Water Conservation
September 7, 2004
Mr. Kraig Westerbeek
PO Box 759
Rose Hill, North Carolina 28458
SUBJECT: Notice for Corrective Action
For Farm 7711, 7703, 7704,
facility number 78-100
Robeson County
Dear Mr. Westerbeek,
4 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
On September 2, 2004 an operation review was conducted of Farm 7711, 7703, 7704, facility
number 78- 100, in Robeson County. This review, undertaken in accordance with G.S. 143-
215.10D, was one of two routine site visits scheduled for all subject animal operations in 2004.
Staff from the Division of Water Quality will conduct a separate compliance inspection.
During the operation review, the following items were noted for corrective action:
The newly constructed lagoon for Farm 7711 requires 30 inches of freeboard according
to the design. On the day of the operation review, there was only 22 inches of freeboard.
The DWQ needs to be notified of the lagoon level.
• Make sure to keep all irrigation events under 1 acre inch.
• Correct the Irr-2 forms to show the correct crops being irrigated on.
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
225 Green Street, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Kraig Westerbeek
September 7, 2004
Page 2
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with
these operation reviews. Please do not hesitate to contact me at 910-486-1541 if you have any
questions, concerns or need additional information.
Sincerely,
Trent Allen
Environmental Engineer I
cc: Art BarnHardt, Division of Water Quality (regional owQ contact}
Robeson Soil & Water Conservation District (district contact)
Carroll Pierce, Division of Soil & Water Conservation (oswc Technical Services supervisor)
225 Green Street, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Technical Assistance Site Visit Report
Division of Soil and Water Conservation
Natural Resources Conservation Service
Soil and Water Conservation District
Other...
Facility Number Date: 912104 Time: 1 9:00 j Time On Farm: 90 FRO
Farm game Farm #7711, 7703, 7704
Mailing Address PO Box 759
County Robeson
Rose Hill NC
Phone: [phone]
Onsite
Representative Jerry Trier Integrator Murphy Brown
Type Of Visit Purpose Of Visit
Operation Review
Compliance Inspection (pilot only)
Technical Assistance
Confirmation for Removal
❑ No Animals -Date Last Operated:
❑ Operating below threshold
® Swine ❑ Poultry ❑ Cattle ❑ Horse
QQ Routine
O Response to DWQ/DENR referral
Q Response to DSWC/SWCD referral
O Response to complaint/local referral
Q Requested by producer/integrator
O Follow-up
Q Emergency
p Other...
Design Current Design Current
CapacityPopulation Ca acit Population
El Layer
❑ Non -Layer I d
El Wean
to Feeder
❑ Feeder to Finish
® Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
7200
❑ Dairy
❑ Non -Dairy
❑ Other
28458
GENERAL QUESTIONS:
1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no
requiring DWQ notification?
6- Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no
Structurel Structure 2 Structure 3 Structure 4 Structure 5
Identifier 1 3 4 1 1 1 IF
Level (Inches) L 24 27 22
CROP TYPES Cotton heat[Soybeans Coastal Bermuda -hay mall grain overseed
SPRAYFIELD
SOIL TYPES Ly Ra
GoA
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03

Facility Number 78 - 100 Date:
9/2/04
PARAMETER
Q No assistance provided/requested
❑ 8. Waste spill leaving site
TECHNICAL ASSISTANCE Needed
Provided
❑ 9. Waste spill contained on site
El 10. Level in structural freeboard
2
5. Waste Plan Revision or Amendment
❑
❑
® 11. Level in Storm storage
26. Waste Plan Conditional Amendment
❑
❑
27. Review or Evaluate Waste Plan wlproducer
❑
❑
❑ 12. Waste structure integrity compromised
❑ 13. Waste
28. Farms Need (list in comment section)
❑
❑
structure needs maintenance
29. Missing Components (list in comments)
❑
❑
® 14. Over application >= 10% & 10 lbs.
❑
❑
❑ 15. Over application < 10% or < 10 lbs.
30.21-1.0200 re -certification
016. Hydraulic overloading
31. Five & Thirty day Plans of Action (PoA)
❑
❑
32. Irrigation record keeping assistance
❑
❑
® 17. Deficient irrigation records
❑ 18. Late/missing waste analysis
33. Organize/computerization of records
❑
❑
❑ 19. Late/missing lagoon level records
34. Sludge Evaluation
❑
❑
[120. Late/missing soils analysis
❑ 21. Crop needs improvement
35. Sludge or Closure Plan
❑
❑
❑ 22. Crop inconsistent with waste plan
36. Sludge removallclosure procedures
❑
❑
37. Waste Structure Evaluation
❑
❑
❑ 23. Irrigation maintenance deficiency
❑ 24. Deficient sprayfield conditions
38. Structure Needs Improvement
❑
❑
39. Operation & Maintenance Improvements
❑
❑
40. Marker checklcalibration
❑
❑
Regulatory Referrals
41. Site evaluation
❑
❑
❑ Referred to DWO Date:
42. Irrigation Calibration
❑
❑
❑ Referred to NCDA Date:
43. Irrigation
❑
❑
❑ Other...
system design/installation
Date:
44. Secure irrigation information (maps, etc.)
❑
❑
LIST IMPROVEMENTS
45. Operating improvements (pull signs, etc.)
❑
❑
MADE BY OPERATION
❑
❑
46. Wettable Acre Determination
1
47. Evaluate WAD certificationlrechecks
❑
❑
48. Crop evaluation/recommendations
❑
❑
2.
49. Drainage worklevaluation
❑
❑
50. Land shaping, subsoiling, aeration, etc.
51. Runoff control, stormwater diversion, etc.
❑
❑
❑
❑
3
52. Buffer improvements
❑
❑
53. Field measurements(GPS, surveying, etc.)
❑
❑
54. Mortality BMPs
❑
❑
55. Waste operator education (NPDES)
El❑
5.
56. Operation & maintenance education
❑
❑
57. Record keeping education
❑
❑
6.
58. Crop/forage management education
❑
❑
59. Soil andlor waste sampling education
❑
❑
03/10/03

Facility Number 713 - 100 Date: 912104
COMMENTS:
14- On pull #9 - 1.75 acres - the Irr-2 form shows 6 acres. Using the wrong acres caused 756.25 pounds of nitrogen to be
applied. The waste plan only allows 275 pounds. The use of wrong acres may be in how the pull is made, but this could not
be determined in the field review. A notice of referral will be sent to DWQ for over application.
6- Pull #19 - 6.46 acres - applied 30,910 gals/acre. Make sure to keep under 1 inch (27,154 gals/acre).
7- Pulls 12 - 24 show cotton on the Irr-2 forms, but there are soybeans in the field. Need to correct the Irr-2 forms to current
,-ops.
1 1- The new lagoon for farm 7711 requires 30 inches of freeboard at all times. The liquid level was at 22 inches. Requested
Mr. Trier to notify DWQ of lagoon level. Notice of corrective action will be sent.
TECHNICAL SPECIALIST rrent Allen
SIGNATURE
Date Entered: 917104 Entered By: rent Allen
3 03/10/03

OCa
co
0
of
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CAMOt_L's FOODS INC
PO Box 759
ROSE HELL NC 28458
Dear Carroll's Foods Inc:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
1 November 7, 2002
Subject: Notice of Violation and Revocation for Nonpayment
Farm #7711
Permit Number: AWS780100
Robeson County
In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on.
Your annual permit fee for the period of 11/30/2001 - 11/29/2002 is S300.00. Your payment was due 9/6/2002.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C_ Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Robeson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper

UL/IZ),Ul inL1 1IZ40 r-AA V'U 410 "VU
Fax Cover Sheet
RE:
CC:
Numbcr of pages including cover sheet
Message:
im UU1
. k
DATE:
1*1 ME:_
To:
FAX:
FROM:
PHONE: [phone]
FAX.- 910/276-2590

v6/ Aol V1 AUL1 -LA —10 F-MA D1V &' V &VOU 4L1111�V 1,.1.. .7 CVVLJ �UUL V
H
i
February 14, 2001
Mr. Paul Rawls
11`' District Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
CARROLL'S FOODS, INC.
ear 1767 - 325 WKay meet
Laurinburg, March Garokm ZM3
Ph, 910/2764XKB FX 91CY27SQM
-31
Subject: Response to Notice of Violation
Farms 7703, 7704, and 7711 Carroll's Foods
Facility No's 78-30, 78-28, and 78-100, Robeson Count,
Dear Mr. Rawls,
After the Soil and Water inspection October 26, 2001, we looked at how the
pumping information was entered and I had made an error in allowing the three farms to
pump on the same fields without taking a subtraction from the field no niatter what farms
waste was applied. There is more than enough land to apply and more than enough
deficit to carry all three farms per the plans.
We will change our heading on our spray records to include the three farms, but
only allow one set of fields which will eliminate the above mentioned problems.
We are also reviewing and rewriting the waste plans to include changes in our
application process, i.e. center pivot irrigation.
If you have any further questions, please contact me at my office in Laurinburg
910-276-5637,
Sincerely,
Leslie Stutts
Farming and Environmental Manager
Laurinburg Division

a �
t
February 14, 20.01
Mr. Paul Rawls
1 1 th District Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
v;an,tiV LL J rvvi/a
CARROLL'S FOOD S, INC.
Bm 1767 • 325 McKay Sovatt
Leurinburg, North Cvagm 28353
PH-. 910276-OW FX: 910/276-2950
0
Subject: Responsc to Notice of Violation
Farm 7574 Carroll's Foods
Facility No. 83-07, Scotland County ,
-� �.�.
Dear Mr. Rawls,
After the review of Soil and Water and investigating the measurements ofthet-
pulls or fields, we have had a technical specialist rewrite the waste plan for this farm.
The fields in question, 14, 15, and 16, were not included and we do maintain a deficit.
The new plan is in the Laurinburg office as well as in Warsaw.
Waste samples are now being taken at 60-day intervals. OIC designates have
been changed and those changcs have been sent to DWQ.
If there are any questions, please contact me at 910-276-5637 or Dawn
Williamson, Technical Specialist in Warsaw, at 910-293-3434.
Sincerely,
614-
Leslie Stuffs
Farming and Environmental Specialist
Laurinburg Division
!® 003

February 14, 2001
Mr. Paul Rawls
1 lth District Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Rawls,
CARROLUS FOODS, INC.
Box 1767 • 325 McKay Street
Laurinburg, North Carolina 28353
PH:9101276-0648 FX:9101276-2950
Eg 16 20fl1.
Subject: Response to Notice of Violation
Farms 7703, 7704, and 7711 Carroll's Foods
Facility No's 78-30, 78-28, and 78-100, Robeson County
After the Soil and Water inspection October 26, 2001, we looked at how the
pumping information was entered and I had made an error in allowing the three farms to
pump on the same fields without taking a subtraction from the field no matter what farms
waste was applied. There is more than enough land to apply and more than enough
deficit to carry all three farms per the plans.
We will change our heading on our spray records to include the three farms, but
only allow one set of fields which will eliminate the above mentioned problems.
We are also reviewing and rewriting the waste plans to include changes in our
application process, i.e. center pivot irrigation.
If you have any further questions, please contact me at my office in Laurinburg
910-276-5637.
Sincerely,
Leslie Stutts
Farming and Environmental Manager
Laurinburg Division

CARROLL'S FOODS, INC.
P. O. Drawer 856
WARSAW, NORTH CAROLINA 28398
February 23, 2001
Mr. Paul Rawls
District Supervisor
N. C. D. E. N. R, Division of Water Quality
225 Green Street, Suite 714
Fayetteville, N. C. 28301-5043
Re: NOV issued to Carroll's Farm 7703,7704,7711
Facility No's 78-30, 78-28, 78-100, Robeson County
Dear Mr Rawls,
As a follow-up to earlier correspondence from Mr. Leslie Stutts to you on 2-14-01 1 asked Ms.Dawn
Williamson, Technical Specialist with Carroll's to investigate further and report back to me. She has
conducted a thorough analysis of the nutrient management plan, the record keeping system, the
irrigation plan, and related issues so that we could better understand why questions about over -
application would arise on this farm. She found that there was confusion on the part of our crew
relative to the nutrient management plan and that errors had been made in the pumping record
keeping procedures.
As a result of these findings we are in the process of revising the nutrient management plan, correction
any misunderstanding about the proper use of the plan, and the record keeping requirements. While
we are concerned about any deficiencies that your inspectors or our investigation may have discovered
I am confident that they are currently being addressed and should not re -occur. I will be glad to
answer any questions you may have about this matter.
ADio
cerely,
n Butler
Environmental Compliance Manager -
Cc: Gregg Schmidt
Bill Gill
Mark Pahl
Leslie Stutts
Howard Hobson
Dawn Williamson
Carolyn Strickland

North Carolina �,�
Department of Environment and Natural Resources tf '
Division of Water Quality
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
January 31, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Leslie Stutts
Carroll's Foods, Inc.
P. O. Drawer 856
Warsaw, NC 28398
Subject: Notice of Violation
Administrative Code 15A NCAC 211.0217
Carroll's Farms #7703, #7704, and #7711
Facility Nos. 78-30, 78-28, and 78400
Robeson County
Dear Mr. Stutts:
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 211 .0217, you have been found to
be in violation of your 2H .0217 Permit.
On October 26, 2000, staff from the Fayetteville Regional Office of the Division of Soil and
Water performed an annual review of the Carroll's Farms in Robeson County. The review
revealed that there was over application of nitrogen to the cotton crop at these farms as listed: -
Field #3 (46% over), field #4 (20% over), field #5 (33% over), field #7 (21% over) and Meld 48
(42% over). This is a violation of your CAWMP and the General Permit Condition III.6.f., which
requires Regional notification of over application. This violation was referred to the Division of
Water Quality, as required, by the Division of Soil and Water.
The Division of Water Quality requests that the following item(s) be addressed:
1. Avoid over application of nitrogen to any crop in your CAWMP.
225 GREEN STREET - SUITE 714/ SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.EN STATENC.USIEN-W
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Stutts
January 31.2001
Page 2
2. Over application shall be reported per the General Permit.
Failure to comply with the above conditions may result in the facility losing it's General
Permit 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 $25,000.00 per day per
violation.
Please provide a written response to this office on or before February 16, 2001 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-
1541.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
/jh
cc: Sonya Avant - Compliance Group
Ed Holland - Robeson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Dennis Ramsey -Compliance Group
Central Files - Raleigh

Information contained in this database is from non agency sources and is considered unconfirmed
Farm Emergency Call Form
Farm Number —
Farm Name IFarm
Owner First Name
Owner Last Name arro 5 Foods Inc
p Reporting p Complaint
Source eS ie StuftS
Inches
Date15-15-2000
Time LbAb
Call Number
Plan Due Date Date Plan Date Freeboar
(? equals blank) Received Level OK
Breached
p Tes p No
Freeboard Lagoonl
Depopulated
Q Yes O O
Freeboard Lagoon2
Overflowed
Q Yes p �O�
Freeboard Lagoon3
LQ Issue
p Yes p No
PermissionToPump
Q Yes p NO
Freeboard Lagoon4
Inundated
Q Yes p No
Freeboard Lagoons
.
Flooded
Q Yes Q No
Freeboard Lagoon6
Pumping Equipment
Q Yes p No
Comments
uculd..call-John-Hasty-al.homeA....................................................................
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