830009_ENFORCEMENT_20171231

NORTH U) HOLINA
Department of Environmental Qual

0�0� W AT ER
o 'r
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy Farms
PO Box 759
Rose Hill NC 28448
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Dogwood Complex
#83-9
Scotland 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
ARP 2 3 2003
On March 7, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on February 26, 1999. 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
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Aifinm ive Action Employer
50% recycled/ 10% past -consumer paper
httpl/h2o.enrstate.nc. us

Inadequate Freeboard
?age 2
Rainfall records for the past 12 months for this site tip 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
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

State of North Cardfihci o:
Department of Environment, ~- - ' MA
Health and Natural Resources • 0
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary, E N
A. Preston Howard, Jr., P.E., Director
F;Z
DIVISION OF WATER QUALITY
January 6, 1997
CERTIFIED MAIL RA24 423 416
RE -TURN BECEIPT RMUESTED
Mr. Eric Ferrell
Murphy Farms
18169 Arch McLean Road
Wagram, NC 283%
SUBJECT: NOTICE OF DEFICIENCY
Dogwood Farm
Registration No. 83-20
Scotland County
Dear Mr. Ferrell:
On January 4, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Dogwood Farm swine facility. It was observed that animal waste had
__run-off from one of the irrigation fields designated in your waste management plan. This
run-off had the potential of entering waters of the State, namely Big Shoeheel Creek,
however, no waste was observed entering the creek at the time of the inspection.
According to our conversation, you informed us of several improvements planned to
prevent a reoccurrance of this situation. Among these proposed improvements, was a plan to
fill the seasonally wet area adjacent to Arch McLean Road. Also, you stated that the
irrigation lane beside the woods where the run-off occurred will be managed more carefully
in the future. We discussed lagoon levels on the Dogwood Farm during the investigation and
you informed us that all the lagoons had freeboard levels of approximately 20 to 23 inches.
We recommend that future application events are carefully monitored and scheduled during
appropriate weather conditions to avoid run-off problems.
Please notify this office in writing within 30 days at the address below as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have or
may result from these deficiencies.
in T
P.O. Box 29535, N�•�� FAX [phone]
Raleigh, {North Carolina 27626-05M��C An Equal opportix*/Affimative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

Page 2
Mr. Ferrell
216197
If You have any questions concerning this matter, please call Robert Heath or John Hasty
at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Chris Walling - FRO DSW
Bunyan Anderson - Scotland Co. NRCS

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
[DaHNF;Z
DIVISION OF WATER QUALITY
January 6, 1997
Mr. Fsic Ferra
Murphy Farms
18169 Arch McLean Road
Wagram, NC 28396
SUBJECT: NOTICE OF DEFICIENCY
Dogwood Farm
Registration No. 83-20
Scotland County
Dear Mr. Ferrell:
On January 4, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Dogwood Farm swine facility. It was observed that animal waste had
run-off from one of the irrigation fields designated in your waste management plan. This
run-off had the potential of entering waters of the State, namely Big Shoeheel Creek,
however, no waste was observed entering the creek at the time of the inspection.
According to our conversation, you informed us of several improvements planned to
prevent a reoccurrance of this situation. Among these proposed improvements, was a plan to
fill the seasonally wet area adjacent to Arch McLean Road. Also, you stated that the
irrigation lane beside the woods where the run-off occurred will be managed more carefully
in the future. We discussed lagoon levels on the Dogwood Farm during the investigation and
you informed us that all the lagoons had freeboard levels'of approximately 20 to 23 inches.
We recommend that future application events are carefully monitored and scheduled during
appropriate weather conditions to avoid run-off problems.
Please notify this office in writing within 30 days at the address below as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this Ietter should be
taken as absolving this facility of the responsibility and liability of any violations that have or
may result from these deficiencies.
P.O. Box 29535,C FAX [phone]
Raleigh, North Carollr a 27626-0535 An Equal Opportu *f/Aff3tma" Action Employer
•" • '• •• ^'r f-flpi rcff-tamIirft rnnstd_nnSUrftAr naner

Page 2
Mr. Farrell
2/6/97
If You have any questions concerning this matter, please call Robert Heath or John Hasty
at (910) 486-I541.
Sincerely,
00,
,a7:49179- "
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Chris Walling - FRO DSW
Bunyan Anderson - Scotland Co. MRCS

State of North Carolina
Department of Environment,
Health and Natural Resources • 0
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director [DaHNF;Z
DIVISION OF WATER QUALITY
March 5, 1997
Dr. earth Boyd
Murphy Family Farms
P.O. Box 759
Rose Hill, NC 28458
SUBJECT: NOTICE OF DEFICIENCY
Dogwood Farm
Registration No. 83-20
Scotland County
Dear Dr. Boyd:
On February 4, 1997, staff from the Fayetteville Regional Office of the Division of
Water Quality inspected the Dogwood Farm facility. It was observed that animal waste had
run-off from one of the irrigation fields designated in your waste management plan. This
run-off had the potential of entering waters of the State, namely Big Shoeheel Creek,
however; no waste was observed entering the creels at the time of the inspection.
The inspection revealed that the spray gun had been located in an area where the soils
were too saturated to receive the amount of waste being applied resulting in ran -off. The
waste material was draining out of the field into the woods. It was determined during the
inspection that the waste material did not enter waters of the State and waste did not leave
farm property.
In a conversation with Mr. Eric Ferrell (the certified operator for the facility), he
informed us of several improvements planned to prevent a reoccurrance of this situation.
Among the proposed improvements, was a plan to fill the seasonally wet area adjacent to
Arch McLean Road. Also, Mr. Ferrell stated that the irrigation lane beside the woods where
the run-off occurred will be managed more carefully in the future. We discussed lagoon
levels on the Dogwood Farm during the investigation and he informed us that all the lagoons
had freeboard levels of approximately 20 to 23 inches. We recommend that future
application events are carefully monitored and scheduled during appropriate weather
conditions to avoid run-off problems.
P.O. Box 29535, 104 FAX [phone]
Raleigh, North Carolina 27626-0535 � An Equal Opportunity/Affirmative Action Employer
Telephone [phone] recycles/ 10% post -consumer paper

y ,Z I
Page 2
Dr. Boyd
315197
Please provide a written response to this office on or before March 16, 1997 as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should
be taken as absolving this facility of the responsibility and liability of any violations that have
or may result from these deficiencies.
If you have any questions concerning this matter, please call Bob Heath or John Hasty at
[phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Operations Branch
Central Files
Chris Walling -FRO DSW
Bunyan Anderson - Scotland County NRCS
Mr. Eric Ferrell - Murphy Family Farms

��OF wAr�'4QG Michael F. Easley
Governor
William G. Boss Jr., Secretary
> Department of Environment and Natural Resources
a Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAEL
RETURN RECEIPT REQUESTED2. ,.� 2
Murphy Farms
PO Box 759
Rose Hill NC 28448 AUG 7 2003
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Dogwood Complex
#83-9
Scotland County
Dear Sir or Madam:
On March 7, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on February 26, 1999. 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 [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/AffmmadveAction Employer
50% recycled/ 10% post -consumer paper
htfp✓/h2o. enr.state.nc. us
NCDENR
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
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

W A r4S;,
Michael F. Easley, Governor
O�0�
William G. Ross Jr., Secretary
y
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
p -C
Division of Water Quality
August 22, 2003
Murphy Farms
PO Box 759
Rose Hill, NC 28448
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Dogwood Complex
83-09
Scotland County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling'this information and sending
it to our Fayetteville Regional Office by the*date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http://h2o.enr.state.nc.us
wwar
CbR-2
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
in re
ul . Rawls
Water Quality Regional Supervisor
cc: FRO File: 83-09
Non -Discharge Compliance and Enforcement Unit
Central Files