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820006_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Quai NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 2, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy Family Farms P.O. Box 759 Rose Hill, NC 28458, Subject: Notice of Violation Administrative Code 15A NCAC 2H.0217 Owens Branch Swine Farm Facility No. 82-6 Sampson County' Dear Dr. Boyd: You are hereby notified that, having been deemed permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 214-.02177 you have been found to be in violation of your 2H .0217 Permit. - On March 25, 1998, staff.from the 'Fayetteville Regional Office of the Division of Water Quality conducted a follow-up inspection of your swine farm located off SR 1214 in Sampson County. It was observed that all three of the facility's waste lagoons were in the emergency storage level (primary - 12", secondary - 14", finisher - 11") according*to the markers. The inside slopes of the secondary lagoon failed to have a suitable grass cover to prevent erosion of the lagoon dike. The inspection also revealed that no coastal bermuda crop was established on the spray fields as written in the Certified Animal Waste Management Plan (CAWMP). The winter crop (small grain) was poor to nonexistent in some areas of the spray fields. The CAWMP also did not address insect and odor control and an animal mortality plan. The Division of Water Quality requests that the following items be addressed: 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 213301 -SO43 PHONE 910-496-15.51 FA% 910-4a6-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Murphy Family Farms April 2, 1998 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits. 2. Establish a suitable grass cover on the inside slopes of the secondary lagoon dikes. 3. Contact a technical specialist for assistance in revising your CAWMP to include all the required components. 4. Consult with a technical specialist for assistance in establishing a suitable coastal bermuda crop on the spray fields this spring. A small grain crop will also need to be well established in the fall to allow application of waste during winter months. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation. c U0, Please provide a written response to this office on or before April 30, 1998, regarding correct I-*"- : actions taken or planned. If you have any questions concerning this matter, please do not hesita to contact either myself or Mr. Jeffery Brown, Environmental Engineer, at (910) 486-1541. Sincerely, �A. �LA qVKerrtevens Regional Supervisor c$ Liy,j •i;i.�1.8 cc: Sue Homewood - Compliance Group `- bdi►sup � `i a���o = y^' �_- " Wilson Spencer - Sampson Co. MRCS Audrey Oxendine - DSWC Fayetteville Offiffil Central Files - Raleigh 10ju lot, jo is ' w /'. t,:. •� U ry[7i j UCI!1 CS S� 1\ _• 3rJ�t`' t^. gy131C�31�1 U. 3L1i71TI{� �1:}.i[:..'.i'i 3t�. 4�v NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 31, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dr. Garth Boyd Murphy Family Farms P. O. Box 759 Rose Hill, NC 28458 Subject: Notice of Violation - Administrative Code 15A NCAC 211.0217 Owens Branch Farm Facility No. 82-06 Sampson County Dear Dr. Boyd: You are hereby notified that, having been deemed permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H.0217, you have been found to be in violation of your 2H .0217 Permit. On August 16, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Owens Branch Farm in Sampson County. The inspection revealed that the back four application fields had a poor to nonexistent bermuda stand. This only allows for approximately half of the acreage required in the CAWNIl' to effectively take up the nutrients produced at this facility. This has been noted in previous inspections and the Division feels that this must be addressed as it is required by the CAWMP. The Division of Water Quality requests that the following item(s) be addressed: Establish an acceptable bermuda crop on the application fields, as required by the CAWMP, to effectively take up the nitrogen produced at this firm 22S GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO/10% POST -CONSUMER PAPER Dr. Boyd 8-25-99 Page 2 Failure to comply with the above condition(s) may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation. Please provide a written response to this office on or before September 17, 1999 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, 4 4� Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Audrey Oxendine - DSVIWC Fayetteville Office Central Files - Raleigh P 0. Box 759 Murphy -Brown LLC Rose Hill, NC 28458 September 8, 2005 Stephen Bamhardt Regional Aquifer Protection Supervisor 225 Green St / Suite 714 Fayetteville, NC 28301 Dear Mr. Barnhardt: RE r SEP 12 -.wry. In regard to Owens Branch Facility # 82-0006 and the Notice of Violation issued by your office and dated 8/12/05, please consider the following. We did not knowingly over -apply nitrogen to Pull 2 (2.63 acres) in Field 7. It occurred as a result of a data entry error by an administrator who entered in a PAN target of 120 pounds for wheat versus the correct target of 75 pounds in our database. The inspector confirmed this root cause during the inspection. We corrected the records and 1 have attached the original and the corrected IRR -2s. Pull 2 was the only one in error. Sincerely, �;17L- John Bizic Director of Environmental Systems Cc: DENR Central Files — Raleigh Kraig Westerbeek Form IRR -2 Lannon Irripation Fields Resort REPORT DATE: 412512005 One Form for Each Field per Crop Cvcle FARM 1 Field* LOWENS BRANCH -2765!2766 1 -112 -W -FTI Fields Size (acres) ¢ (A) 2.63 FARM OWNER: i 1i'sli4 'i; Irrigation Operator COMPLEX: NORTFt BLADEN COMPLE� PO HILL NG:28456 _ Address Ownee's Phone (91(l)-289.2111 J, Operaloft Phone #From Waste 11tiftation Pia -' _- HOURS LEFT T4 PUMP ^--gWnn snewe Oe !aired +man uturtp tots estnar m n eppoeum xerar mart N eamnate ens vm=fs saw n vung=1nappW=Q1 rav5Wny are dud% wwftl manes] mar mse fl m ba rncpretz? Palate balm fpr weh cdtttym can cam sigilc rt,net (9) NCOA Wasie Analysis of Equivalent or NRCS Estimate, Technical Guide SOCtiOn (11)Enter the value recieved by subhacting column (10) [rom (8). Continue subtracting column (10) form column (11) iollowfng each intpatian ev 1of1 1 Owners Signature Certified Operator (Print) Operators Signature WHEAT 911.4!30 Recommended PAN 120 _ 0751 Crap Type imading (Ibslarre} {8 (1) tx)(5j M --M. (6} (B1 _ (10},. (11} First Crap (11} Double Crop Nitrogen Balance Data Stag End Total 8 of 3prinkleB Flaw Rate Total Volume Volume Wetlin Artelyale Applied Nitrogen Salome mmlddfyr Time Time Minutes Operating per Acre PAN (lbslacre) (ibslacm) Before DWOt1200 Ager OEVOI12005 (gallmin) (gallons) (p !/acre) (lbe1101)0pai) (Ibstaare) (3}(2) (6)x(5)x(4) 7l(A) Sea 9 Below (8)x 9 1000 'See (11) Below 'See 11) Below 101412004 300 PM 7:00 PM 240 1 181 43,440 16,517 1.10 18.17 i 101.83 0.01) 101512004 8.90 AM 2:OD PM 33D 1 1$1 - 59,730 22,711 4.10 24.96 + 713.88 - - 0A0 0.00 1212WO04 1:30 PM 5:80 PM 240 1 181 43.440 16,517 1.90 31.38 � W 45,47 312112005 11:00 AM 3:00 PM 240 1 18143,440 16,517 2.60 42.94 + 2.52 0.00 MOMRa LfrF TO PUP Q* ENTE a HELD Verb THE CUMEW SAMPLE AMLM'i1S r .2 1y.G wore After (1012005 ; OW01r2oas . CROP CYCLE TOTALS 14) NIITOWNT NMD NulwLJ- esa .2,—r _- HOURS LEFT T4 PUMP ^--gWnn snewe Oe !aired +man uturtp tots estnar m n eppoeum xerar mart N eamnate ens vm=fs saw n vung=1nappW=Q1 rav5Wny are dud% wwftl manes] mar mse fl m ba rncpretz? Palate balm fpr weh cdtttym can cam sigilc rt,net (9) NCOA Wasie Analysis of Equivalent or NRCS Estimate, Technical Guide SOCtiOn (11)Enter the value recieved by subhacting column (10) [rom (8). Continue subtracting column (10) form column (11) iollowfng each intpatian ev 1of1 1 Owners Signature Certified Operator (Print) Operators Signature Form IRR -2 REPORT DATE: FARM 1 Field fields Sze (acres) = (A) FARM OWNER: Laaoon Irrigation Fields Report 71612005 One Form for Each Field tier Crop Cvcle WENS BRANCH- I f2-W_� COMPLEX: NORTH BLA13EN COMPLEX 2.63 Irrigaliw Operator INIA R05E HILL IVC 8456 Address _ Owners Phone (910}289-211�W Operators Phono a From Waste Utilization Fla I Reoommanded PAN Crop Type FWHEAT 9ifi-4130 ) 75 x751 Loading (lbslacre) = 8 ' Date mrrLlddlyr {4) Start End Total Time Time Minutes (5) _ _ _ ) (7) 0 of Sprinklers Flow Rate Total Volume 4peradra (8� Volume per Acre —1 {1D Waste Analysis PAN Applied PAN (11) F[rsi Crop (11) Double Crag Nitrogen BalanceNitrogen (Ibslaae) Balance (Ibslac_m) (3)-(2) (gal/min) _ (gallons) (6)x 5)n(4 (gailacre) 7 A) (lbs11000gal) See (9)IBolow (Ibefacre) (8)x(9jl1000 Safere O&OIM005 'Sea {11) Below After OBID112DOS •See(11) Betaw fO1dI2f)Q4 9:Q4 PM i:00 PM 240 1 181 k344D 18,517 7.10 1$.17 + 58.83 0.00 I0W20D4 8:30 AM 2:00 PM 330 1 181 59,730 22,711 1.10 24.96 + 31.65 0.0D 1212912004 1:3D PM 5:30 PM 240 1 191 43,440 16,517 1.90 31.38 + DAT O.OD V21121)(15 11:00 AM 3:00 PATI 2AO 1 181 43,440 16.517 2.60 42.94 42.48 0.00 HOURS LETT to PUUIP 0.0 Before �Ijrau.u:w ," r- jnv,ruWn,nary� pin,� PIUp us�rrn Ttrt: CROP CYCLE TOTALS '-iHvrrueFrr mss CURREMraMP1EAlafLYSIS 0,0After "- NOURS LEFT TO PUMP— -eautlm rhould helaYoen W,sr uYnp Ilii asSnlide = apprpaGka t0ra1 7Rli ban 99hataand raZiom &A as chanpesln appkatbn ealar (Spm) flurlueewo in 4gconarvar moVoLm h Lobe hrAx, I F4i1xs foeAvw for mrca dAnps an awee am rp$tcv1bn3I (9) t=A Waste Analysis cr Equivaienl or NRCS Estimate, Technical Guide Section (I I)Enter the value reeteved by subtracting oolvmn (10) from (8). Conon Ue subtracting column (10) form column (11) fodowtng each irrigation ev 10f 1 Owner's Signature Cerdfied Operator (Print) Operators Signature (axPwj•th during %arra mor,aul jut -f' Ce,,,,pvfr,^ @ym(L. April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Quarter M Farms PO Box 759 Rose Hill NC 28448 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Owens Branch #82-6 Sampson County Dear Sir or Madam: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment+and Natural Resources } Alan W. Klimek, P.E. Director Division of Water Quality On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on June 1, 1998. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal Customer Service. Mailing Address. Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier 952-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled/ 10% post -consumer paper htfp✓/h2o.enrstafe.nc. us NCI)l�R Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in'the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, Z W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files 4 AFER Michael F. Easley, Governor �� p WjUiam G. Ross Jr., Secretary `C 6 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quatity o � November 16, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Quarter M Farms P.O. Box 759 Rose Hill NC 28448 SUBJECT: NOTICE OF DEFICIENCY Owens Branch Facility No. 82-06 Permit No.NCA282006 Sampson County To Whom It May Concern: On September 6, 2006 you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required -by General Permit condition 111.6.e that the freeboard level of the lagoon was less than the minimum required by the General Permit The liquid level of the Finisher lagoon was reported as 18 inches and Nursery Lagoon was reported as 18 inches. General Permit condition V.3 states "The maximum waste level in lagoonststorage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard.' The Division of Water Quality will take no further action for this reported incident at this time. However, if you have not done so you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 433-3300 Sincerely, 3 Ricky Revels Environmental Supervisor I cc: APS Cental Files DS&W FRO Sampson County SWCD WWI Division of Water Quality/Aquifer Protection Section NM NR 225 Green Stmt, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 433-3300 FAX: (910) 486-0707 Intemet: h42://ciw.ehnr.state.nc.us Customer Service: (800) 623-7748 Nj/�TE Michael F_ Easley, Governor O 9 William G. Ross Jr., Secretary `O� QG North Carolina Department of Environment and Natural Resources vJ r Alan W. Klimek, P -E. Director Division of Water Quality D � November 16, 2006 . CERTIFIED MAIL . RETURN RECEIPT REQUESTED Quarter M Farms PA. Box 759 Rose Hill NC 26448 SUBJECT: NOTICE OF DEFICIENCY Owens Branch Facility No. 82-06 Permit No.NCA282006 Sampson County To Whom It May Concern: On September 6, 2006 you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6,e that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the Finisher lagoon was reported as 18 inches and Nursery lagoon was reported as 18 inches. General Permit condition V.3 states "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for-fagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard." The Division of Water Quality will take no further action for this reported incident at.this time. However, if you have not done so you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 433-3300 Sincerely, J44 4e'� Ricky Revels Environmental Supervisor I cc: APS Central Files DSBW FRO Sampson County SWCD 3apr Division of Water Quality/Aquifer Protection Section 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 433-3300 FAX: (910) 486-0707 Internet: h :1/ w.ehnr.state.nc.us Customer Service: (800) 623-7748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director AQUIFER PROTECTION SECTION June 28, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown, LLC Owens Branch PO Box 856 Warsaw, NC 28398-0856 Subject: NOTICE OF DEFICIENCY Owens Branch, Facility #82-006 AW S820006 Sampson County NOD -2010 -PC -04321 Incident No.201000812 To Whom It May Concern: Dee Freeman Secretary On February 3, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Michael Ammons of a high freeboard level in lagoon B. We wish to thank Mr. Ammons for notifying DWQ of this incident. As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000. On February 13, 2010 a lagoon/storage pond level was documented at 29 inches in lagoon 1. A level of 30 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, Nord Carolina 28301 One Phone: 910-433-3300! FAX: 910-086-07071 Customer Service: 1-8T7-623-6748 NorthCarolina Internet www.h2t}.enrstate.nc.us r�� An Equal Opportunity t AtTimwNatur�` tive Action Em*yer l Cont. Page Two June 28, 2010 Owens Branch Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above deficiency and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Ricky Revels or me at (910)-433-3300. Sincerely, Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Larick - CAFO Unit Sampson County Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy -Brown, LLC Fil Postage Certified Fee E3 O Retum Receipt Fee (Endorsement Required) ca C3 Restricted Delivery Fee (Endorsement Required) Q Tata) Postage &Fees rJ7 r uIq To - r�i C3 36aet"a: or PO Box No- %�(�j0 r� C -Y ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. III Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MURPHY -BROWN, LLC PO BOX 856 WARSAW, NC 28398-0856 A. Signature ?astma, k Here L ------------------- --------------------- 017 ---------------------------------------vP- 13.. Received by (Prkdad Name) D. Is delivery address driierwit fn If YES, enter del€very addrm U 3. Type Cefted Mall . ❑ gess Mail © Registered ❑ Return Receipt for Merchandise ❑ Insured Maul ❑ G.o.D. 4. Restricted Deliver}? (Extra Fee) ❑ Yes 7001 2510 0000 6682 8789 _ PS Form 3$11, February 2004 Domestic Retum Receipt ioz5ss oz M tsao Murphy -Brown. MBE LNM July 20, 2010 ATTN: Robert Marble NCDENR Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville, NC 28301 785 Hwy. 24150 Warsaw, NC 28398 Subject: Notice of Deficiency Owens Branch, Facility #82-006 AWS820006 Sampson County NOD -2010 -PC -04321 Incident No. 201000812 Dear Mr. Marble, This letter is being sent in response to a Notice of Deficiency letter issued by your office on the above mentioned facility managed by Murphy Brown, LLC. This facility was impacted by chronic rainfall which saturated application fields. These conditions did not allow us to land apply in accordance with permit conditions for a period of time. Instead of land applying in a manner that would have possibly caused there to be ponding or runoff, we stored the excess rainfall in our lagoon system. As soon as the weather and field conditions allowed, land irrigation resumed. This facility s freeboard was reported back in compliance on 31312010. If you have any questions regarding this matter, please do not hesitate to call me at (910) 289-6087 or email me at michaelammons@murphybrownlic.com. Sincerely, 4th 0/, -- Michael Ammons Environmental Resource Specialist Murphy Brown l=ast