820038_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Quaff

Im.
A7jA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
January 10, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina, Inc.
Attn: Mr. David Nordin
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT
BOC harm C&M f
Permit No. AWS820038
Facility No. 82-38
Sampson County
Dear Mr. Nordin:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water quality
You are hereby notified that, having been pennitted to have a non discharge permit for the subject
animal waste disposal system pursuant to 15A NCAC 2H .6217, you have been found to be in violation
of your 2H .0217 Permit.
On December 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality
responded to an emergency notification of a wastewater discharge from the above referenced facility.
Wastewater exited House #6 and flowed across the farm road and entered a wooded area approximately
200 feet fioln the edge of the house. The waste continued overland through the wooded area into an
unnamed tributary of Baker's Creels. Wastewater also ponded in the vegetated buffer adjacent to the
wooded area. The discharge was caused by a blockage of the overflow line in the pit recharge system.
A farm employee had left the recycle pump on overnight.
Brown's of Carolina's remediation effort included several dams along the unnamed tributary to
allow pumping of the wastewater back to the lagoon and onto the existing sprayfields. An adjacent
hWC10\vrle1'also alone cd punlpin, of the wastew,lter onto a wheat field from a dammed section of the
unnamed tributary outside of the fann's property boundary. An unknown amount of wastewater
escaped the remediation effort and flowed downstrearn.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] A WW.ENR.STATF.NC.USIENR/
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DENR TOLL FREE HOTLINE: [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
January 10, 2002
CERTIFIED ]MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina, Inc.
Attn: Mr. David Nordin
P.O_ Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT
BOC Farm C&M 1
Permit No. AWS820038
Facility No. 82-38
Sampson County
Dear Mr. Nordin:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non discharge permit for the subject
animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation
of your 2H .0217 Permit.
On December 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality
responded to an emergency notification of a wastewater discharge from the above referenced facility.
Wastewater exited House Tb and flowed across the farm road and entered a wooded area approximately
200 feet fi•oni the edge of the house. The waste continued overland through. the wooded area into an
unnamed tributary of Baker's Creek. Wastewater also ponded in the vegetated buffet adjacent to the
wooded area_ The discharge was caused by a blockage of the overflow line in the pit recharge system.
A farm employee had left the recycle pump on overnight.
Brown's of Carolina's remediation effort included several dams along the unnamed tributary to
allow pumping of the wastewater back to the lagoon and onto the existing sprayfields. An adjacent
kmdowner also allowed pumping of the waste" ater onto a wheat field from a dammed section of the
unnamed tributary outside of the farm's property boundary. An unknown amount of wastewater
escaped the remediation effort and flowed downstream.
225 GREEN STREET- srlrrE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.EtiR.STATE.NC.US/ENRl
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER
DF:NR TOLL. FREE HOTLINE: [phone]

4
Nlr. Nordin
1-10-02
Page 2
The Division of Water Quality requests that the following items) be addressed:
1. Submit documentation establishing that it is Brown's of Carolina's policy to turn off the recycle
pump at the end of the workday.
Failure to comply with the abovC condition(s) m.ty reSLIh in the facility losing its 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. You are hereby notified that based
on the above information, the Division of Water Quality is considering forwarding a recommendation to
the Director for consideration of enforcement for this violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than 525,000.00 per day per violation.
If you have an explanation for this violation that you wish to present to this office, please forward a
detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendation for enforcement. This response should be received by this office on or before
.iianuary 25 2002. Information provided to this office will be reviewed and, if enforcement is still
deemed appropriate, your explanation 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 myself or
Mr. Paul Sherman, Environmental Engineer, at [phone].
!Sincere
i
mps/PR Paul E. awls
Regional Water Quality Supervisor
Cc: Sonya Avant -Compliance Unit
Wilson Spencer -Sampson Co. MRCS
Trent Allen-DSWC Fayetteville Office
Central Files -Raleigh

;v NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
March 21, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Sox 856
Warsaw, NG 28398
SUBJECT: NOTICE OF DEFICIENCY
Carroll's C&Ml Farm
Facility No. 82 - 38
Permit No. AWS820038
Sampson County
Dear Mr. Hobson:
On March 21, 2000, 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
lave{ of the lagoon was less than the minimum required by the General Permit The liquid level of
the lagoon was reported as 18 inches. General Permit condition V.3 states that "The maximum
waste level in lagoonststorage ponds shall not exceed that specified in the CAWMP. At a minimum,
maximum waste level for lagoonslstorage ponds must not exceed the level that provides adequate
storage to contain the 25-year, 24-hour storm event plus an additional 1 foot of structural freeboard.'.
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please complete the enclosed Plan of Action forms and submit
to this office within 48 hours of receipt. In addition, after the lagoon level has been brought into
compliance you are requested to notify this office by telephone or fax immediately and submit in
writing a notice of compliance with your General Permit. This information is essential in determining
ifthe lagoons was lowered within the specfed time frame in which the Plan of Action (POA) allotted.
It will also dose this event out within your file. If you have any questions concerning this matter,
please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson County NRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
March 17, 2000
CERTIFIED MAIf_
RETURNE EIPT REQUESTE
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc.
Facility No. 82 - 38
Permit No. AWS820038
Sampson County
Dear Mr. Hobson:
On January 31, 2000, 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 lagoon was reported as 17 inches. General Permit condition V.3 states that `The maximum
waste level in kagoonslsbrage ponds shall not exceed that specified in the CAWMP, At a minimum,
maximum waste level for Iagoonslstorage ponds must not exceed the level that provides adequate
storage b oontain the 25-year, 24awur 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, 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 to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. It will also dose this event out within your fide. If you have any questions
concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely, 1/
Robert F. Heath
Environmental Specialist
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson Carty NRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHoNE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEDli 0% POST -CONSUMER PAPER

factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent ofharm 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) Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality

Division of Water Quality
=1 -Q )ivNion of Soft andsWater Conservation"r
t O Other Agency 4"
Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 82 38 pate of Visit. 1211/2QQ1 Time: 6:Q0
Q Not Operational Q Below Threshold
® Permitted M Certified ❑ Conditionally Certified © Registered Date Last Operated or above Threshold; .........................
FarmName: C.A.A1.1 ............................................................................................................ County: S.ampma........................................... FRO .............
Owner Namc:............ . Gatrroll.'s..Ewds"I c................... Phone No: 41.Q-293.-3.4 4......................
Mailingaddress: l'Q..B.Q,1356........................................................................................... 14'altsa! ....G.......................................................... 2.8.398 ..............
Facility Contact: RAN'eAordim.......................
Onsite Representative: Days, tn�rdip...............
Title: ................................................................ Phone No....................................................
...... Integrator: Carrx�tll'.sYovils.tuts.............................................
Certified Opera tor: ,Ja]t1 u-Blalsc........................ 1 axe............................................... Operator Certification Number:2.65.55 .............................
Location of Farm:
On southeast side of SR 1928, approx..4 miles south of SR 1911. +
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' �= � Longitude ' ° �&
Design Current
Swine Canacity Ponulation
❑ Wean to Feeder
® Feeder to Finisb
6000
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer I I ❑ Dairy
❑ Non -Layer I I I I[] Non -Dairy
❑ Other
Total Design Capacity 6,000
Total SSLW 810,000
Number of Lagoons ❑ Subsurface Drains Present ]It] Lagoon Area I0 Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharees S Stream Impacts
I. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field M Other
a. If discharge is observed, was the conveyance man-made'?
b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ)
c. It -discharge is observed, what is the estimated flow in t_�al/min?
d. Does discharge bypass a lagoon system'? (Il'yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Write Collection &, Treali ent
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier: ................................... ......................
Freeboard (inches): 435 to 44
05103101
❑ Yes ❑ No
❑ Yes M No
® Yes []No
unk
® Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
Structure 6
Continued

Facility Number: 82--38 Date of Inspection 12/1/2001
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
❑ Yes
N No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
Yes
®No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
® No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
® Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
® No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
N No
11. Is there evidence of over application'? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
N No
12. Crop type Bermuda Small Grain
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
15. Does the receiving crop need improvement?
❑ Yes
N No
16. Is there a lack of adequate waste application equipment?
❑ Yes
N No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(W/ discharge, freeboard problems, over application)
❑ Yes
® No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
® No
24. Does facility require a follow-up visit by same agency'?
® Yes
❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
® No
to No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to question #): Explain any YES answers and/or. any recommendations or any other comments.
Use drawings of facility to better'eaplain situati6ns (use .additional �pages,asInecessary): ❑Field Copy ❑Final Notes
1. A discharge was observed by farm staff on Saturday (12/1/01) morning at approximately 7:00 AM. The Division was notified at
•
approx. 11:00 AM by Dave Nordin with Murphy -Brown. Regional staff were notified at approx. 4:00 PM and responded arriving at 6:00
PM. The discharge had occurred as a result of farm staff failing to follow company policy and failed to turn off a recycle pump used to
fill the pit in house with lagoon liquid before leaving the farm for the evening.
Reviewer/inspector Name Bob Heath Paul Sherman
Reviewer/Inspector Signature: Date:
05103101 Continued

Facility iNumber: 82-38 Date of Inspection 1 12/1/2001
Odor Issues
26.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
[] Yes
❑ No
liquid level of lagoon or storage pond with no agitation?
27.
Are there any dead animals not disposed of properly within 24 hours'?
❑ Yes
❑ No
28.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
❑ No
roads, building structure, and/or public property)
29.
Is the land application spray system intake not located near the liquid surface of the lagoon?
❑ Yes
❑ No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
❑ Yes
❑ No
31.
Do the animals feed storage bins fail to have appropriate cover?
❑ Yes
❑ No
32.
Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes
❑ No
Additional omments and/or Drawings: -
e pit filled and began to discharge out of the barn when the overflow pipe was blocked by solids. The wastewater flow overland ;
into the dirt drive and eventually into the adjacent grassed buffer. Wastewater continued into a wooded area approximately 200 feet
from the hog house where the waste continued overland flow approx. 100 yards to a small creek/stream. By the time the discharge
was discovered on 12/1/01 wastewater had traveled at least 1/4 to 1/2 mile from the entry point. Murphy -Brown mobilized
equipment to the facility and blocked (dammed) the stream in two areas approx. 1/4 mile apart. The first dam was constructed
approx. 100 feet below the point of entry and the second dam was constructed approx. 100 yards from the property line. When
DWQ arrived the Murphy -Brown crew had installed pumps in the stream and were pumping wastewater back into the lagoon at dam
#1 and into the adjacent waste application field above dam #2.
The overflow (8 inch) is a safety device that was installed as back-up system.
05103101

41 Division of Water Quality
0 Division of Soil and Water Conservation
0 Qther Agency
Type of Visit O Compliance Inspection Q Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint 0• Follow up O Emergency Notification O Other ❑ Denied Access
EFacility Number 82 38 Date of Visit: 12l2/20111 Time:
0 Not Operational 0 Below Threshold
® Permitted ® Certified 13 Conditionally Certified [3Registered Date Last Operated or Above Threshold: •........................
Farm Name. C.A.M.t................. .. County: S;tMP.$.[tjl.... ....................................... FRO .............
Owner Name:.. ................................................. CarxQlls..�ujub..lnc.............................. Phone No: 91.072-93-3.434......... ..................
................................
MailingAddress: Q.. .R �?-. ...........................................................................W...airs;aw.-AG.......................................................... a.39.8 ..............
Facility Contact: VAVv.Nardim ................. ..Title: ..._................. Phone No: ............................. -.....................
Onsite Representative: Daye.Nordjtj.........................................
Integrator :Cat1[.P.1i's.k .9da.late.............................................
Certified Operator:,laltiieS.. lal�......................... nQ.Q.r.c ............................................... Operator Certification Number: 2.f?$5,.............................
Location of Farm:
On southeast side of SR 1928, approx..4 mules south of SR 1911. i
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude �• C�� C�� Longitude �• �� �«
Design Current
Swine Canneity Pnnulation
❑ Wean to Feeder
® Feeder to Finish
6000
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer I I j ❑ Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity 6,000
Total SSLW $10,000
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds 1 Solid Traps JE3 No Liquid Waste Management System
Dischar- S Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. if discharge is observed, was the conveyance man-made'?
b. If discharge is observed, did it reach Water of the State'? (If yes, notify D WQ)
c. If discharge is observed, what is the estimated flow in gal/inin?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'?
Waste Collection S Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway
Structure I Structure 2 Stntcture 3 Strucmre 4 Structure 5
® Yes ❑ No
❑ Yes 0 No
® Yes ❑ No
unk
® Yes ❑ No
❑ Yes 0 No
® Yes ❑ No
❑ Yes ❑ No
Structure 6
Identifier: .......................
Freeboard (inches):
05103101
Continued

Facilitv Number: 82-38 Date of Inspections 12/2/2001
5.
Are there any immediate threats to the inter>rity of any of the structures observed? (ie/ trees, severe erosion,
y
❑ Yes
❑ No
seepage, etc.)
6.
Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
El Yes
❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7.
Do any of the structures need maintenance/improvement'?
❑ Yes
❑ No
8.
Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
❑ No
9.
Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
❑ No
Waste Application
10.
Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
11.
Is there evidence of over application? ❑ Excessive Ponding ❑ PAN []Hydraulic Overload
❑ Yes
❑ No
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
15.
Does the receiving crop need improvement?
❑ Yes
❑ No
16. is there a lack of adequate waste application equipment? ❑ Yes ❑ No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available'? ❑ Yes ❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No
'19, Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No
21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No
22, Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes . ® No
21, Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ® No
24. Does facility require a follow-up visit by same agency? ❑ Yes ® No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No
No violations or deficiencies were not during this visit. You will receive no further correspondence about this visit.
Comments (refer,to question ft Explain any YES answers and/or any•recemmenditions or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):' ❑ Field Copy ❑ Final Notes
follow Lip inspection was conducted on this day to verify clean-up and collect pictures of the facility and samples for submittal to
Microbac Labs. Samples were collected of the source from small puddle in woods edge. Samples were collected above dam ""I where
most clean up activities were considered to be complete.
Samples were collected below dam #2 at the property line. No cleanup activities had been conducted at the time of sample collected in
this area.
_k
Reviewer/Inspector Name Bob Heath
Reviewer/Inspector Signature: Date:
05103101 Continued

F.cility N'uriiher: 82-38 Date of inspection 12/2/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a pemnanent/temporary cover?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes [:]No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
fttio" nal comments an or rawings:
les were collected up stream below the highway culvert. All sites had samples collected for $OD, Nutrients, and fecal coliforia analysis.
tions were as follows:
Wastewater had exited the building opposite the lagoon.
Wastewater had been cleaned up from most areas adjacent to the hog farm or covered with soil.
Small puddles existed in several areas within the wood line.
e stream appeared muddy (turbid) where cleanup activities had occurred with deeper pools still having the pink coloration of
ream of dam #2 the water had the discoloration associated with swine lagoon waste.
were continuing to recover wastewater from stream at the time of my departure.
J
05103101

Division of Water Quality
O Division of Soil and Water Conservation
O.Other Agency.
•
Type of Visit © Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number $2 38 Date of Visit: 12/4/2001 Time: 3:30
Not O erational 0 Below Threshold
® Permitted ® Certified © Conditionally Certified j] Registered Date Last Operated or Above Threshold: .........................
Farm \ante: C..cSc.. L1................... County: S.aAA$.Qla........................................... k1iA
(honer Name: . .................................................. Phone No: 9IQ-z�-4.............................................................
Mailing Address: FR..�.QX.SS.4..............
Facility Contact: VAN,e..N:Qrditt....................
Onsite Representative: D;j.yt:.N'flt:dAA..........
Certified Operator:,]alfileS-,1 I71�ti..................
Location of Farm:
................................................................ Nyarsaw...K............................................... .......... NMI .............
T'ille:....................... Phone No:.......
............................................
Integrator: f"arrsill:a.FQQddiav.............................................
Dwre............................................... Operator Certification Number:Z65,55 .............................
)n southeast side of SR 1928, approx..4 miles south of SR 1911. •
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude • 1. Longitude • -
Design Current
Swine Canneity Annnl2tinn
❑ Wean to Feeder
® Feeder to Finish
6000
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer ❑ Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity 6,000
Total SSLW 810,000
Number of Lagoons 1 ❑ Subsurface Drains Present ❑Lagoon Area 10 Spray Field Area
HoIding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. Tf discharge is observed. was the conveyance man-made:' ❑ Yes ® No
b Tf ilischars*e is observed, did it reach Water of the State? (Tf ves. notify D\ QI ❑ Yes No
c. Ifdiscliar,-,e is observed• what is the estimated floe- in Lalhnin?
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 ®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 g Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway ❑ Yes ® No
Structure I Structure 2 Structure 3 Stntcture 4 Structure 5 Structure 6
Identifier: ................................... ................
Freeboard (inches):
05103101 Continued

Facility Number: 82-38 D"Ite of In,pectioll 121412001
5. Are there any immediate threats to the integrity of any of the structures observed? (le/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan'? ❑Yes El No
(if any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No
11. is there evidence of over application? ❑ Excessive Ponding ❑ PAN. ❑ Hydraulic Overload ❑ Yes ❑ No
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
15. Does the receiving crop need improvement? ❑ Yes ❑ No
16.
is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Required
Records & Documents
17.
Fail to,have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available'?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20.
is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
❑ No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary)_: ❑ Field Copy ❑ Final Notes
Returned to investigate clean up activities that occurred on 12/3/01 downstream of hog farm on adjacent property (Register). A track hoe
had been mobilized to the stream and several beaver -dams had been removed to allow wastewater to flow to a dam constructed adjacent
to Register held where a lagoon pump and temporary irrigation system was installed to irrigate water (fresh and waste) in final clean up.
Approx. 500,000 gallon were reportedly removed during the clean up efforts. A cover crop is to be established on this field for nutrient
removal. The dams had been removed at the time of this inspection and the stream had been restored with the exception of three small
areas where recovery efforts had left the banks denuded.
w
Reviewer/Inspector Name Bob Heath
Reviewer/inspector Signature: Date:
05103101 Continued

Facility lumber: 82-38 Date of Inspection 12/4/2001
Odor Issues
26.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below
❑ Yes
❑ No
liquid level of lagoon or storage pond with no agitation?
27.
Are there any dead animals not disposed of properly within 24 hours?
❑ Yes
❑ No
28.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
❑ No
roads, building structure, and/or public property)
29.
Is the land application spray system intake not located near the liquid surface of the lagoon?
❑ Yes
❑ No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
❑ Yes
❑ No
31.
Do the animals feed storage bins fail to have appropriate cover?
❑ Yes
❑ No
32.
Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes
❑ No
Additional omments and/orDrawings:
05103101

AM
a - NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
January 10, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina, Inc.
Attn: Mr. David Nordin
P.O. Box 487
Warsaw, NC 2S39S
SUBJECT: NO"I'ICE OF VIOLATION/NOTICE OF INTENT
BOC Farm C&M 1
Permit No. AWS820038
Facility No. 82-38
Sampson County
Dear Mr. Nordin:
WHam G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Wafer Quality
You are hereby notified that, having been permitted to have a non discharge permit for the subject
animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation
of your 2H .0217 Permit.
On December 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality
responded to an emergency notification of a wastewater discharge from the above referenced facility.
Wastewater exited House 46 and flowed across the farm road and entered a wooded area approximately
200 feet from the edge of the house- The waste continued overland through the wooded area into an
unnamed tributary of Baker's Creek. Wastewater also ponded M' the vegetated buffer adjacent to the
wooded area. The discharge was caused by a blockage of the overflow line in the pit recharge system.
A farm employee had left the recycle pump on overnight.
Brown's of Carolina's remediation effort included several dams along the unnamed tributary to
allow pumping of the wastewater back to the lagoon and onto the existing sprayfields. An adjacent
Lindmvilcr al. o ziliowed purnpin,­ of the wastewater onto a \vheut field from a dammed section of the
unnamed tributary outside of the farm's property boundary. An unknown amount of wastewater
escaped the remediation effort and flowed downstream.
225 GREEN STREET - SUITE 714 1 sYs'rEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WVW.FNR.SI'ATE.NC.1.15/ENRI
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUM FR PAPER
DENR TOLL FREE HOTLINE: [phone]

tV1r. Nordin
1-10-02
Page 2
The Division of Water Quality requests that the following item(s) be addressed:
Submit documentation establishing that it is Brown's of Carolina's policy to turn off the recycle
pump at the end of the workday.
F.111urc to co111111,• With the ahoy e c011lition(s) may result in the facility losinIJ its 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. You are hereby notified that based
on the above information, the Division of Water Quality is considering forwarding a recommendation to
the Director for consideration of enforcement for this violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
If ,you have an explanation for this violation that you wish to present to this office, please forward a
detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendation for enforcement. This response should be received by this office on or before
January 25, 2002. Information provided to this office will be reviewed and, if enforcement is still
deemed appropriate, your explanation will be forvarded to the Director with the enforcement package
for his consideration,
If you have any questions conceming this matter; please do not hesitate to contact either myself or
Mr. Paul Sherman, Environmental Engineer, at [phone].
Sincere ,
mps/PR Paul E. Rawls
Regional Water Quality Supervisor
Cc: Sonya Avant -Compliance Unit
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Central Files -Raleigh

a
December 5, 2001
Mr. Paul Rawls
Water Quality Regional Supervisor
NC Dept. of Environment and Natural Resources
225 Green St., Suite 714
Fayetteville, NC 28301-5043
Re: Accidental discharge on 1211/2001
BOC Farm CMI
Facility # 82-38
Sampson County
Mr. Paul Rawls,
Brown's of Carolina Farm CMI had an accidental wastewater discharge on
December 1, 2001, resulting in wastewater entering an unnamed tributary of Baker's
Creek. This spill was caused by a clogged over flow line in the recycling system.
Normally, the recycle pump would be turned on when employees arrived at
work and turned off at the end of the workday. The employee did not turn the pump
off at the end of the day on 11 /30101. After a review of circumstances, the employee,
who failed to follow outlined procedures, will receive severe disciplinary action. The
safe guard for this system is an 8-inch over flow pipe in each house. There were 2
houses that were being pumped into simultaneously; in house # 5 the overflow
worked and no discharge resulted, in house # 6 the overflow clogged up and a
discharge resulted.
The farm manager found the on going discharge at 7:45 a.m. on
December 1, 2001. He immediately stopped the recycle pump and immediately
started draining the house. He followed our EMS protocol and began notifying
responsible parties to begin immediate remediation and proper notification.
The total volume of the discharge was in excess of 10,000 gallons, no
more than this volume of wastewater reached the surface waters. I find it
extremely difficult to truly determine the total gallons of the discharge because of
all the variables involved, such as. when the pipe actually clogged, etc...
The remediation of spill began immediately upon notification on the
morning of December 1, 2001, with 2 dams being constructed to isolate water in
areas adjacent to the farm. This action allowed us to pump approximately
122,000 gallons back to the lagoon (1530 minutes X 80 gallons per minute). The
lagoon level from OIC records on 11/30/2001 was 43 inches; When we stopped

pumping, the lagoon level was 43'/z inches. The second dam allowed us to land
apply on pulls 4B & 4C (4.7 acres each, see attached map). The land application
lasted 2520 minutes and totaled 163,800 gallons. It is important to note that
these volumes are not all wastewater, but existing fresh water as well.
The second dam did not capture all of the fresh water and wastewater. A
beaver dam captured what had been lost prior to establishing the dams. A pump
was set up on the backside of the beaver pond and 48,000 gallons of this water
was land applied on the farm spray field over a time frame of 600 minutes. A
waste pumping agreement was reached with an adjacent landowner (see
amendment and attached map). There was a dam established below the beaver
dam. The beaver dam was slowly drained and the water applied with a traveler.
Total gallons of water land applied at this location was 166,050 gallons. Every
effort was made to do a thorough job with the least impact to the wetlands.
Samples of what was being land applied have been sent to the Agronomic
Division in Raleigh. Land application records will be entered into the application
records.
After remediation had been completed, all the temporary dams were
removed to allow the natural events to occur. A cover crop will be planted on the
adjacent landowner's land by 121812001.
Brown's of Carolina has complied with all of our regulatory responsibilities.
The company has made an exhaustive effort to respond quickly and
appropriately, and remediate the accidental discharge. If I can be of any further
help, please call me at 910-296-1800 ext. 238.
Sincerely,
David Nordin
Director of Land & Nutrient Management
Brown's of Carolina
Itmc
Attachments

a
Murphy -Brown LLC
PO Drawer 856
2822 Hwy;. 24 West
Wanaw, NC 28398
Tea. 91 Q-293-3434
F-m 910-293-6937
C&MI
Ammendment to WUP
December 3, 2001
The purpose of this amendment is to specify additional land application area for
BOC/Carro.11s Farm C & M 1. A signed Waste Utilization Agreement for the following
tract and fields -is attached.
Tract Field Acres Crop Soil Lbs NT/Acre
8514 1 11.9 Wheat BoB S4
2 1.? Wheat BoB 84
3 1.3 Wheat BoB S4
Application rate for these fields should not exceed .75 in/hr with a maximum application
of 1".
Technical Specialist , L�� 1 '� �"`' Date I
Ouwner/Mana-er: _Lt�Yc.���, , Date:_c-� o�

a
Waste Utilization Agreement
(Needed only if additional land has to be leased, etc.)
4, hereby give } 0. �te
permission to apply waste from his
Waste Utilization System on / of acres of my land fration of the time shown below. The field(s) on
which waste can be applied are shown on the attached map.
I understand that this waste contains nitrog--n, phosphorus, potassium and trace elements, and when properly
applied should not harm my land or crops. i also understand that the use of animal manure will reduce my need for
commercial fertilizer.
Landowner: L /L Date: - 3 - e
Term of Agreement: - / -,3 - G� _ to - O i
Ninimum Ten years an Cost -Shared Items)
Notary

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Murphy -Brown >�
1/24/02
NCDENR
Division of Water Quality
Fayetteville Regional Office
Ann. Paul Rawls
225 Green Street Suite 714
Systel Building
Fayetteville, NC 18301-5043
Mr. Rawls,
PO Drawer 656
2822 Hwy. 24 West
Warsaw, NC 28398
Tel: [phone]
Fax: [phone]
1 I%!Fi-F hU.
Ili 2 9 M
This letter is intended to serve as a response to a January 10, 2002 Notice of Violation/Notice of
Intent issued by your office to the C&M Farm 1, facility no. 82-38, in Sampson County. The facts as
outlined in the January 10, 2002 notice are accurate as presented, however, I would like to provide you with
some additional information and ask that you reconsider the issuance of this NOV/NOI in this case.
Mr. Dave Nordin, Environmental Manager for Brown's of Carolina, detailed the events
surrounding the December 1, 2001 discharge in an earlier letter to you. This letter outlined the cause and
extent of the discharge, and the rernediation efforts undertaken by his staff to minimize any potential
environmental impacts. The cost of the remediiation efforts for this event totaled $8,090, and were very
effective in our opinion. Our water sampling data, taken downstream of the last recovery dam, indicates
that the downstream water quality was not effected by the December 1, 2001 discharge. In addition, we
are not aware of any fish kill resulting from the incident. We ask that you consider these factors in your
deliberations.
In your Notice, additional information on Brown's of Carolina's policy with regards to the
operation of recycle systems was requested. I have attached for your review two pages of information
taken from Brown's of Carolina training materials that detail policy specific to your request. In addition, I
have at attached two inter -company memo's for your review due to their connection to this event. I would
like to clarify, however, that the December 1, 2001 discharge was not a result of the recycle system running
after working hours only. The cause of the spill was also a result of the clogging of the overflow pipe in
the pit. This overflow is intended to act as a safety mechanism for the system.

We once again ask that you reconsider your issuance of a NOV/NOD for this event in light of the
additional information presented. If you have any further questions or concerns, please call meat (910)
293 5330, or Dave Nordin at [phone].
Sincerely,
ig Westerbeek
Director of Environmental Compliance
Murphy -Brown, LLC
Enc.
Cc: Mike Miller, Dave Nordin, Don Butler

A' CN f I .s
in order to promote the growth of our company and continue to
produce pigs economically, it is essential that each employee accept
the responsibility of operating our farms in an environmentally friendly
manner while adhering to all federal and state regulations as well as
company policy as it relates to waste water and air quality. No
employee regardless of job responsibility shall be exempt from
maintaining and promoting the environmental integrity of this
company. Therefore, the following policy is adopted:
Category 1 violations are those violations which do not adhere to
company policy but do not pose an immediate or eminent threat to
the environment. First violation of these rules would result in
disciplinary action consisting of a verbal warning.
Failure to have waste management plan in possession while
pumping.
Failure to have zero discharge manual in possession while
pumping.
> Failure to have minor tools such as shovel or materials to block
drains in the event of spill.
> Failure to remove excessive trash from within lagoon walls.
Minor buildup of waste or feed in pits.
Minor water leaks either fresh or waste within buildings that is
draining back to lagoon.
Dust buildup in buildings especially on fan covers.
3 Failure to scrape pens and isles.
Uncontrolled flies in buildings
Failure to control rodents
Failure to cover dead boxes
2. Category 11 violations are those violations which could lead to a
NOD, NOV, a deterioration in air quality, a spill, or a discharge.
Disciplinary action shall be a minimum of a written warning.
Second offense of any Category 1 violation.
Leaks in any irrigation equipment including travelers, pumps,
pivots, laterals, solid set systems, and all underground piping.
Operating equipment with safety switches not working.
Pumping in rain.
Pumping in excessive wind.
Pumping in standing water.
incorrectly reporting lagoon Ievels.
Excessive buildup of waste, feed or trash_
improperly working rem: cle systems and plugged overflow
lines.
Excessive leaks boil i fresh and waste inside buildings draining
to lagoon.
y COnstalit excessive fresil watt?r use.
B 001 14 01 0735

-ink' outside wastewater leaks not entering drains or lea`,ing
farm.
Over application of waste water.
Leaving recycle running overnight_
Leaving irrigation SVStemS unattended.
Feed left spilled outside on feed bins, bin pads, under feed Iines
and in road.
Failure to operate irrigation equipment with waste management
plan (speed, pressure, direction, etc.).
Failure to remove mortality daily.
tilortality• floating in a lagoon.
3. Category III violations are those violations that pose an immediate
threat to the environment, lead to a discharge, or the continued
violation of Category I & Ii rules. Disciplinary action shall consist of
written warning and/or suspension without pay or termination.
Category III infractions and disciplinary action will be reviewed by
the environmental committee.
The repeat of any Category II offense.
Failing to report a lagoon level of less than 19 inches.
Negligence of any Category I or lI violation that leads to a
discharge_
4. Category iv violations will be the repeat of Category in violations
and the blatant disregard for the environment by knowingly
allowing waste water to leave the property and failing to do
anything to stop it. Disciplinary action shall be termination and will
be determined by the environmental committee.
Anv emplovee found negligent in their duty or violating any rules of
operation shall be held responsible for i o% of the cost up to s 1000 for
the cleanup (both labor and equipment) and any fines.
B 001 14 01 0736

BROWN'S
QF CAF OLIAIA .
M-- - em, o
December 7, 2001
TO: James Boney and Clayton West
FROM: Buck Grady
CC: Mike Miller and Dexter Edwards
RE: Lagoon pump timers
rpm -
Thanks for taking quick and appropriate action on the Company Finishing lagoon timer situation.
Upon on our conversations this week, we have agreed to replace the 24 hour clock timer with a 6
hour countdown timer. This will be for all recharge systems_ A 12 hour timer will be used for
our Flush tank systems and this will eliminate any excessive amount of time a pump will run,
unless it is manually reset. As of today, farms CM i and CM 2 have been completed. Our
projected completion is December 14, 2001.
12/07 01 /sej

Brown's of Carolina
Memo
To: All Company Finishing Farms
From: Buck Grady
CC: Mike Miller, Dexter Edwards, and Dave Nordin
Re: Waste spills
As everyone is aware, our goal for any waste discharge is ZERO TOLERANCE.
Any waste spill can jeopardize our future in the swine industry.
Due to recent events on a company farm, I would like to remind everyone of the
importance to monitor pumps, pipes and levels at all times.
Maintenance is currently in the process of installing timers that will limit the amount of
time a pump will run.
Until further notice from myself, I suggest that only the Farm managers themselves
operate the recycle pumps.
uc ,
1 Z/o5io i
Isej

WA(WL) BUY
most
rE9p�
Y
MR. KRAIG WESTERBEEK
MURPHY-BROWN LLC
P O DRAWER 856
WARSAW NC 28398
Dear Mr. Westerbeek:
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
1
February 7, 2003
FEB 1 3 2903
f�
SUBJECT: Acknowledgment Receipt Letter
C&MIFarm
Farm # 82-38
File # DV 02-003
Sampson County
This letter is to acknowledge receipt of your check # 49191 in the amount of $5,250.00,
received from Murphy -Brown LLC.
This payment satisfies in full the civil assessment in the amount of S5,250.00 levied
against C & M I Farm, and this enforcement case has been closed. Payment of these penalties in
no way precludes further action by this Division for future violations.
If you have any questions please call Steve Lewis at [phone] ext. 539_
Sincerely,
teve rLewis
Non -Discharge Compliance & Enforcement
SL:sw
cc: a, ill onalOffie
Enforcemen Compliance Files # DV 02-003
Central Files
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 952-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
501. recycled / 10% post -consumer paper
httpJ1h2o. enr. state. nc. us

LDEC 12 2002
Mr. Kraig Westerbeek
Director of Environmental Compliance
Murphy -Brown LLC
PO Drawer 856
Warsaw, NC 28398
Dear Mr. Westerbeek_
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
December 6, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
C&M Farm I
Farm #82-38
Sampson County
File No. DV 02-003
In accordance with North Carolina General Statute I43-215.6A(#), 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 $5,250.05.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your
check payable to the Department of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 143B-282. I (c).
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 452.01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50". recycled 1100. post -consumer paper
httpJ/h2o. enr state. nc. us

If you choose to present your request to the committee, please notify DWQ within 30 days of
receipt of this letter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter_ If you would like a receipt that your check was
received, please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
Alan W. Klimek, P.E.
AWKlscl
cc: Paul Rawls, Fayetteville Regional Supervisor
Paul Sherman, FRO
jBob.Hei th, FRO
File ## DV 02-003
Central Files

G'�
Mr. Kraig Westerbeek
Director of Environmental Compliance
Murphy -Brown LLC
PO Drawer 856
Warsaw, NC 28398
Dear Mr. Westerbeek:
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
December 6, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
C&M Farm I
Farm #82-38
Sampson County
File No. DV 02-003
In accordance with North Carolina General Statute 143-215.6A(f), 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 $5,250.05. 4
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your
check pavable to the Department of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of. -
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 143B-282. I (c).
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-677-623-6748 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/Affirmative Action Employer
50% recycled/ 1005 post -consumer paper
http✓/h2o.enr state. nc. us

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Excise Tax: $ dC�✓' � Nee% �n°�/��~��•��
STATE Of NORTH CAROLINA Parcel ID
COUNTY OF SAMPSON
THIS DEED, made and entered into effective as of the 2nd
day of May, 1999, by and between MATTHEWS FAMILY PROPERTIES,.LLC,
a North Carolina limited liability company, party of the - first
part; and CARROLL'S REALTY PARTNERSHIP, a North Carolina general
partnership having an address of 2822 Highway 24 West, Warsaw,
North Carolina 2839B, party of the second part;
W I T N E S S E T H:
That the party of the first part in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable
considerations to said party paid by the party of the second part,
the receipt of which hereby is acknowledged, has bargained and sold
and by these presents does grant, bargain, sell and convey unto the
party of the second part, said party's successors and assigns, the
following described property, to wit:
All those certain tracts or parcels of land
lying and being situated in Sampson County,
North Carolina and being more particularly
described in Exhibit A attached hereto and
incorporated herein by reference. it
No tobacco allotments are being transferred
with the property described in Exhibit A. All
tobacco allotments are being retained by the >
party of the first part.
` The property described in Exhibit A is ,
conveyed subject to 1999 and subsequent years l;
ad valorem taxes. j
TO HAVE AND TO HOLD said property and all privileges and
appurtenances thereunto belonging to the party of the second part,
said party's successors and assigns forever in fee simple.
And the party of the first part does covenant that said
party has done nothing to impair such title as the party of the
4

I
I
qOL 1r325Pnrk899
first part received, and that said party"will warrant and defend
the title to the same against the lawful claims of all persons
claiming by, under or through the party of the first part, except
for the encumbrances or restrictions mentioned above.
IN TeSTIMONY WHEREOF, the party of the first part has
caused this instrument to be executed under seal and in such form
e.s to be binding, this the day and year first above written.
MATTHEWS FAMILY
PROPERTIES; LLC (SEAL)
A Limited LfaCompany
By:,� �.fhf l ' .L (SEAL)
ef-frey-S. Matthews, Manager
By; ai (SEAL)
Carroll M. Ba ett, - anager
B )
ames 0. Matthews, Manager
STATZ OF NORTH CAROLINA
COUNTY OF Qa;,�UL
I,�, �,�,�,,1,` _ , a Notary Public
in and for said County and State, do hereby certify that JEFFREY S.
MATTHEWS before me this day personally appeared, who being by me
first: duly sworn, says that he is a maneger of MATTHEWS FAMILY
PROPERTIES, LLC, the limited liability cunpany described in and
which executed the foregoing instrument; that he executed said
instrument in the limited liability company name by subscribing his
names thereto; and that the instrument is ".he act and deed of said
limited liability company.
... WITNESS my hand
� i w�• tS
t f
03*f'.Ny Cominiaaion Expires:
and notarial seal, this the �r day of
1999.
2
Notary Public

V0J325r1sfW4
The above described property is conveyed
subject to drainage and utility easements of
record, visible easements, and the rights of
others in and to the rights of way'of NCSR
1903, NCSR 1909, NCSR 1904, and NCSR 1740.
Beginning at a point located in the centerline
of NCSR 1128 (60 foot right of way), said
point of beginning being located South 38° 57'
37" West 1549.10 feet from'the intersection of
the centerlines of NCSR 1128 (60 foot right of
way) and NCSR 1911 (60 foot right of way),
THENCE FROM SAID POINT OF BEGINNING SO LOCATED
South 69' 03' 35" East 239.63 feet with a
branch or ditch to a point; thence along and
with the run of the branch in a southeasterly
direction to its intersection with the run of
Baker's Branch (said intersection being
located South 350 08' 08" East 2309.50 feet
from the prior point); thence along and with
Baker's Branch in a southwesterly direction to,
a point that is located South 100 23' 28" West
539.42 feet from the prior point; thence
continuing along and with the run of Baker's
Branch to a point that is located the
following courses and distances from the
aforesaid point: South 70° 05' 27" West 24.65
feet to a point; thence South 42° 51' 25" West
224.02 feet to a point; thence South 51° 42'
19" West 132.64 feet to a point; thence North
85° 14' 28" West 34.23 feet to a points thence
South 5° 53' 54" West 39.65 feet to a point;
thence South 53° 34' 17" West 41.32 feet to a
point; thence South 080 45' 12" West 103.83
feet to a point; thence South 20° 27' 08" West
220.25 feet to a point; thence South 33' 25'
12" West 177.10 feet to a point; thence South
00° 50' 46" West 509.80 feet to a point;
thence South 20' 07' 20" East 224.43 feet to a
point; thence leaving Baker's Branch and
running North 73" 05' 59" West 643.50 feet to
a point; thence South 760 54' 01" West 924.00
feet to a point; thence North 13' 05' 59" West
1254.00 feet to a point; thence North 82° 05'
59" West 924.00 feet to a point; thence North
38° 05' 59" West 355.22 feet to a point in the
3

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STATE OF NORTH CAROLINA
COUNTY OF SAMPSON YOL 1�r �' 1
THIS DEED, -made and entered into this the e1A day of
May, 1996, by and between JOYCE C. MATTHEWS, party of the first
part] and MATTHEWS FAMILY PROPERTIES, LLC, a North Carolina limited
liability company, whose address is Post Office Drawer 856, Warsaw,
North Carolina, 28398, party of the second,part;
W I T N E S S E T H i
That the party of the first part in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable
considerations to said party paid by the party of the second part,
the receipt of which hereby is acknowledged, has bargained and sold
and by these presents does bargain, sell and convey unto the party
of the second part, said party's successors and assigns, the
following described property, to wit; '
All those certain tracts or parcels of land
lying and being situate in Sampson County,
North Carolina and being more particularly
described by Exhibit A attached hereto and
incorporated herein by reference.
This conveyance is made subject to utility
easements of record.
TO HAVE AND TO HOLD said property and all privileges and
appurtenances thereunto belonging to the party of the second part,
said party's successors and assigns forever.
And the party of the first part does covenant that said
party is seized of said property in fee and has the right to convey
same in fee simple] that the same is free from encumbrances except
any encumbrances or restrictions mentioned above and that said
party will warrant and defend the title to the same against the
lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the party of the first part has set
said party's hand hereto and has adopted as said party's seal the
I
0

typewritten word *SEAL" appearing beside said party's name, this.
the day and year first above written.
VOL 1237PAoFI 78
' ( SEAL)
Matthews
By: (SEAL)
a t ews
ney-in-Fact for
Joyce C. Matthews
a, tt e . �� (SEAL)
Matthews l
By:
Carroll tthews Arthur
Attorney-i -Fact for
4 Joyce C. Matthews
(SEAL)
)CI
c C. Matt ews ­C I
By:
STATE OF
COUNTY OF,�
mes O. MattTiewe
torney-in-Fact for
Joyce C. Matthewd
I' , a Notary
Public in and for sa County and State, do hereby certify that
JEFFREY S. MATTHEWS, attorney -in -fact for Joyce C. Mhtthews,
personally appeared before me this day and being by me duly sworn,
says that he executed the foregoing and annexed instrument for and
in behalf of Joyce C. Matthews, and that his authority to execute
and acknowledge said instrument is contained in an instrument duly
executed, acknowledged,. and recorded in Book 1232, Page 760, in the
office of the Register of Deeds of Sampson County, North Carolina,
on the 16th day of May, 1996, and that this instrument was executed
under and by virtue of the authority given by said instrument
granting him power of attorney; that the said JEFFREY S. MATTHEWS,
attorney -in -fact, acknowledged the due execution of the foregoing
2
I
i

a
That certain tract or parcel of land lying and being in Turkey
Township, Sampson County, North Carolina, and more particularly
described as follows YaL1237PACE ♦ Dn
BEGINNING at a stake in the center of Secondary Road No. 1028
(formerly Daniel Avenue) at a point where the same is intersected
by the center of a culvert through which passes the waters of a
small branch, which said branch flows Southeastwardly to Baker's
Branch, which said stake is located South 37 degrees West 1526 feet
from the point of -intersection of the center of Secondary Road "
No. 1928 and Secondary Road No. 1911 and from this beginning point
so located, runs North 83 degrees West 14 poles to a stake; thence
North 45 degrees West 26 poles to a stake; thence South 83 degrees
West 87.6 poles to a stake; thence South 53 degrees 30 minutes West
25.5 poles to a stake; thence South 14 degrees East 26 poles to a
stake; thence South 87 degrees West 53.5 poles to a stake; thence
South 46 degrees East 15 poles; thence South 24 degrees West 25.6
poles; thence North 46 degrees West 25 poles; thence South 30
degrees 45 minutes West 62 poles; thence South 88 degrees 45
minutes East 73 poles; thence North 31 degrees 15 minutes?East 45
poles; thence South 40 degrees East 110 poles crossing said
Secondary Road No. 1928; thence South 84 degrees East 56 poles;
thence South 15 degrees East 76 poles; thence North 75 degrees
East 56 poles; South 75 degrees East 39 poles to the run of
Baker's Branch; thence Northwardly with Baker's Branch, North 20
degrees West 19 poles; North 4 degrees West 11 poles; North 8
poles; North 17 poles; North 10 degrees East 8 poles; North 2
degrees East 12.4 poles; North 37 degrees East 28 poles; North 83
degrees East 5 poles; North 12 degrees East 5 poles; North 5
degrees East 7 poles; North 20 degrees West 8 poles; North 4
degrees 30 minutes East 13.4 poles; thence leaving Baker's Branch
Northwestwardly with a small branch, the following courses and
distances: North 82 degrees West 32 feet; South 29 degrees West 72
feet; North 41 degrees West 158 feet; North 31 degrees 30 minutes
West 721 feet; North 60 degrees West 190 feet; North 33 degrees 20
minutes West 1188 feet; North 62 degrees West 320 feet to the
point of beginning, containing 266 acres, more or less.
Being the same property described as "SECOND TRACT" in that certain
Deed from Carroll's Farms, Inc. to Joyce C. Matthews, recorded in
Book 1035, at Page 369, in the office of the Sampson' County
Regibter of Deeds.
SAVING AND EXCEPTING from the above -described tract or parcel of
land a one-half (M) undivided interest in and to that certain tract
or parcel of land lying and being in Turkey Township, Sampson
County, North Carolina, and'more particularly described as follows:
BEGINNING at an iron stake in the center line of State
Secondary Road No. 1928, a new corner with Joyce Carroll
Matthews, said beginning iron stake being located South
37 degrees 12 minutes 03 seconds West 3450.75 feet from
an existing iron stake in the intersection of the center
line of State Secondary Road No. 1911 with the center

line of State secondary Road No. 1928; thence from said
BEGINNING point, so located, with the center line of
State Secondary Road No. 1928, South 37 degrees 16
minutes 12 seconds West 1000.00 feet to an iron stake set
at an existing railroad spike in the center line of State
Secondary Road No. 1928, a corner with the lands now or
�• formerly owned by Lucy A. Williamson; thence with the old
'j chopped line of Lucy A. Williamson, North 40 degrees 00
f minutes 00 seconds West 1004.28 feet to an iron stake
,i set, a new corner with Joyce Carroll Matthews; thence a
new line with Joyce Carroll Matthews, North 37 degrees 16
minutes 12 seconds East 778.70 feet to an iron stake set,
another new corner with Joyce Carroll Matthews; thence
another new line with Joyce Carroll Matthews, South 52
i degrees 43 minutes 48 seconds East 979.59 feet to the
point of beginning, containing 20.00 acres, more or less,
and being a portion of the Second Tract conveyed to Joyce
Carroll Matthews by deed from Carroll's Farms, Inc.,
dated February 12, 1986, recorded in Book 1035, at
Page 369, of the Sampson County Registry; and being the
same property conveyed to F. J. Faison, Jr. by Deed from
Joyce C. Matthews recorded in Book 1046, at Page 348, in
the office of the Sampson County Register of Deeds.
iF
Parcelr a. 3
1 That certain lot or parcel of land situated in Sampson County,
North Carolina and more particularly described as follows:
BEGINNING at an iron stake, a joint corner with Arthur Dudley,
designated as Point No. 30 on a Map of the "William P. Reynolds and
Ann B. Reynolds Property" as recorded in Map Book 12 at Page 81 of
the Sampson County Registry, and runs thence South 06 degrees 00
minutes 35 seconds West 516.62 feet to a corner, Point No. 12 on
said map; thence North 74 degrees 24 minutes 45 seconds West
1019.94 feet to a stake, Point No. 26 on said map; thence North 54
i degrees 06 minutes 37 seconds West 211.64 feet to a stake at Point
No. 17 on said map; thence North 30 degrees 19 minutes East 761.60
feet to an iron stake on the bank of a branch, a corner with
Ledell P. Brewer; thence South 84 degrees 16 minutes 59 seconds
East 875.75 feet to an iron stake, a corner with Ledell Brewer and
4 Arthur Dudley at Point No. 28 on said map; thence South 06 degrees
Ij 00 minutes 35 seconds West 457.08 feet to the BEGINNING; EXCEPTING
THEREFROM a one (1) acre tract conveyed to David Wright in Deed
Book 512 at Page 537 of the Sampson County Registry as reflected on
said map, and CONTAINING 20.00 Acres, and being the same lands as
conveyed by Deed from Joseph B. Chambliss to William H. Prestage
and wife, Marsha Kay Prestage, and Joyce Carroll Matthews, Single,
dated September 18, 1980, and recorded in Book 965 at Page 640 of
the Sampson County Recdistryr and being the same property described
in that certain Deed from William H. Prestage and wife, Marsha Kay
Prestage, to Joyce Carroll Matthews, recorded in Book. 997, at
ti page 524, in the office of the Sampson County Register of Deeds.
E
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General Facility Information
Factl�ty Number
z . �
Caiintv
Sampson
Owner
Carroil's Foods Inc
Manager
Bob McLeod
Address
PO Box 856
Warsaw NC 28398
Location
Certified
Farm Name
I C&:Nl1 _. l
Phone Number
10-293-3434
Lessee
Region
O ARO O MRO O WARO O WSRO
* FRO O RRO O WIRO 16 11
Dn southeast side of SR 1928, approx..4 miles south of SR 1911. 1
Certified Operator in Charge =ameslake Moore
Backup Certified Operator
Comments
!❑ inactive operation 1 ❑ Lagoon Closed Date inactivated or closed
Type of Operation
® Swine ❑ Poultry ❑ Cattle ❑ Sheep ❑ Horses ❑ Goats ❑ None
Design Capacity
❑:Wean tofceeder
® Feeder fo Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ GUV `
-Boar'Stud
❑Other"�� _ ���
-, ❑ Layer
s6000 810,000 _ Non -Layer
CFO
- Total 6.111l0 Swine
SSLW 810.000 Feeder to Finish
Number of Lagoons /HoldiE
ng Ponds 1 Lagoon 'Total Capacity. ft' 1,7=15,139
❑ Subsurface Drains Present [] Lagoon Area ❑ Spray Field Area
❑ No Liquid Waste Management System
- Total 6.111l0 Swine
SSLW 810.000 Feeder to Finish
Number of Lagoons /HoldiE
ng Ponds 1 Lagoon 'Total Capacity. ft' 1,7=15,139
❑ Subsurface Drains Present [] Lagoon Area ❑ Spray Field Area
❑ No Liquid Waste Management System

Latitude
Longitude
=Mimi=
I/l/1976
,58.00
43
Howard L Hobson
Carroll's Foods Inc
0 Request. to be removed [3 Removal Confirmation Recieved
Comments
Regional DWQ Staff
/13/1995
Cettifl6tiod.#�P00089
-'.Condition'al. ays%-
-7
andiiiomil-
[] Irrigation System
Requirements El Higher Yields
❑ Vegetation
C1 Acreage
Other
Basin Name: E

Facility Number 82 -- 38
Permit Number
WS82Q
Q38`'' ...�__ ..
Farm Name
1C & M I
Address
IPO Box 856
CityState
arsaw NC
Zip Code
P8398
Phone
910-293-3434
Owner First Name
Owner Last Name
County
Manager's Name
APPI°.F,T ticking
`��PnntR ordu
Carroll's Foods
Sampson
Bob McLeod
Location jOn southeast side of SR 1928, approx..4 miles south of SR 1911 _
Region IFRO
Regional Supervisor jPaul Rawls
Original Issue Date Wgf8ll'.997 '
Engineer Cert. Date
Reg. Animal Contact JPaul Sherman
Regional Phone [phone]
Import Date
voided
rescinded
7/16/1997 8/8/1997 8/18/1997 lGeneral lExisting jQriginal Mike Lewandowski Related
V97
6/26/1998 General Existing, Revision Related
Df Coverage under revised general permit signed May 18, 1998
fi•0p R Retards . Print Region List Print County List
•Mailing Labels', k�~File'L�abels SWCD:abels.
r
Related
Today's Date 1/24/2002

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FAIE`I'TE".'IL.LE DIVISION INC # I I
81-1 CASTLE HAY'NE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
CI-3I:\'T3S1'f1tZ'� :1II�'f:.0l3it;LC?C�5' z�tClC:fII:= jr�I�I•�.TY • ,'"�T;`.1rI> -3 tztij�i'- '� _ v------' - - •-- - -
WATER • AIP * Vv'AS'r S • j�001) . t; L'i� -1I.S • �:I i.t�::'+? `' '• ..(�i'
CERTIFICATE OF ANAU �lS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC L8301
CONTACT PERSON: Mr. Paul Rawls
ACC'rDUNT IkIM5ER: #KNO03
SAMPLE ID: 1. Upstream - ID #OIWU128305
2. Source - #01WE128306
3. Above dam -- ID #01WE128307
4. Downstream - ID #01WD128308
DATE REC'D: 12/03.101 il.q-1PLED: 12/02 01
SAMPLED SY: q. lI -ath
DELIVERED BY: R. Heats,
SAMPLE CODE: W`4, Grab
REFERENCE: f7 & M-1 Farm
DATA REVIEWED BY:
DATE REPORTED: 12/17/01
+ L + L i -L + L 4 + + + + + + + + + + + + + k + r r + L + r + + r + + + + r + + L + L r } + L r + 1 3 k r 1, r + -i' s -* i L + i + -L L r IF + k i + -L + + } r -L i, r : A. r r + + ; L L : L
ANALYSIS
ME'PHOD
1
2
3
a
_L r k r + k + * + + + * + * + r r + k * * r * L . , j, * *
k r + + + + + * + r * * * a * + + k k k r * i + * k r + r
t ski F k + -r r r x + x +
k k + . + r r i + k * a x k + x r r
BOD (mg/L)
EPA 405.1
6.0
1111.5
538
95.0**
COLIFORM, FECAL (per 100 rqI.)
SM16 9222D
1802*
41000*
2703*
31000*
NITPATE, (mg/L)
EPA 353.3
<1.0
<1.1)
<1.0
<I.0
NITROGEN, AMMONIA (mg/L)
E'P:PL 350.2
-1.84
166.42
11.21
60.51
COH24ENTS : < = Less than
> = Greater than
* = FECAL SAMPLES RECEIVER OUT OF HOLD TIME
** = QT ESTIONABLE DATA
PAGE 1 OF 1
G-":.d 5i'r1 -.`pr Int[i'j,;}!: JIl L_•I?=. �^ I}'L t��r'. �.. - .-.I-.. .., _r N} F tJ3 -
Mm rvii

FAYEITEVII-LE DIVISION
917 Castle Heyne Street Fayetteville, NC 28303 Phone [phone] Fax (910) W-8774
CHAIN OF CUSTODY RECORD
PAGE OF
WENT NAME ADWESS:
,�%Y ' 7 D ��S M)
2.2 s ta+ + tr'� C "
�,4.i►yi/ cif/,t, /`r T+ .�3(J %
Poo
WISC7 i LOCATION.
r (��-�� �/ l`%"i3C''"`�
111 rr
a
O
T
3
TYPE OF ANALYSIS
PRESERVATION (COE
�!
,t
s
V
I
CODE: A + `t'C ONLY
B ■ HNO3 (phi r 41•i
C a HM04 (phQ) r c4
F A ZN AOtltiRe r -WC
AR PERp3ott
l�v�
f /��i.��
`L 'TID
DATA? ! METHOD OF AW MENt:
J
LAB#
SAMPLE TYPE
DATE
TIME
COMP
PM
D.C.
7EYP'C
Cl.
1.1 � .�.,--
•z/.z/e
; s-p�,�r
�-
3
r
. 5, CIS
Relinquished brr. (Signsture)
oats -
Time
Recery . 1319d e)
Dst■
Time
Relinquished by: 43ignatwel
Oats
Time
ReeetYed by. (Signature)
Date I
Time
3
tale
Time
4
Received by: (Signature)
Date
Time
Relinquished W. (Signature)
Relinquished by-- (3tgnaturs1
rime
Received by' (Signarure)
oats
lime
7
rM
8
Comments or Special Hazards:

}
If you choose to present your request to the committee, please notify DWQ within 30 days of
receipt of this letter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter. If you would like a receipt that your check was
received; please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
Alan W. Klimek, P.E.
AWK/scl
cc. ,au1'RalsZ, Fayetteville Regional Supervisor
Paul Sherman, FRO
Bob Heath, FRO
File # DV 02-003
Central Files

wRr4�S 0�'q
_O�� 9PG Michael F. Easley
Governor
Zr William G. Ross Jr., Secretary
y Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 30, 2002
Mr. Kraig Westerbeek
Director of Environmental Compliance
Murphy -Brown LLC
PO Drawer 856
Warsaw, NC 28398
RE: Remission Request
C&M Farm 1
Farm # 82-38
Sampson County
File #DV 02-003
Dear Mr. Westerbeek:
NOV 4 2002
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
December 4, 2002, and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Nam -Discharge Compliance & Enforcement
cc: �Rau.l Rawls�Fayetteville Regional Supervisor w/attachment
Paul Sherman, FRO w/attachment
Central Files
File # DV 02-003 w/ 3 attachments
VXX
NCDE NR
Customer Service: Mailing Address: Telephone f919) 733-5083 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/AHirmative Action Employer
501. recycled / f 6% post -consumer paper
http://h2o. enr state.nc. us

Murphy -Brown LLB PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
T& 910-293-3434
Fax [phone]
I0/24/02
NCDENR
Division of Water Quality 1y71 "
Ann. Mr. Steve Lewis
1617 Mail Service Center ,,
Raleigh, NC 27699-1617
Mr. Lewis,
This letter is intended to serve as a written request for remission and mitigation of the
civil penalty assessed against C&M Farm 1, facility no. 82-38, in Sampson County. I have attached the
required waiver of an administrative hearing, and ask for reconsideration of the $5,250.05 in fines imposed
based on the followintx information.
Written documentation of the events leadinty up to the event. details of the event, and actions taken
by us after the event have been supplied to the Fayetteville Regional Office in previous letters dated
1215i2001, and 1/25/2002. Each of these letters, along with their attachments, explain in detail actions
taken by Brown's of Carolina to both immediately abate continuing environmental damage resulting from
the violation and remediate anv future environmental damage resulting from the incident. In fact, more
than S8.000 %vas spent on the clean up of this event, leading to one DWQ inspector commenting that this
clean-up effort was the `best that he had ever witnessed'. '{;-tile we regret that this unfortunate incident
occurred, we feel that all possible steps were taken to insure that no long-term environmental damage
resulted, and ,ve believe that we were successful in this effort_
A review of the facts surrounding this incident, both as supplied by us, and as documented by
DWQ personnel, show that this event was clearly inadvertent, or a result of an accident. We have worked
through our EJIS to insure that the events leading up to this discharge have been addressed.
The Division is currently requesting payment for S5250.05 in fines for this discharge. I would ask
that the Division consider reducing this amount by some measure, with the reduction to be used toward the
construction of a secondary containment structure on this farm. The cost of this secondary containment
area will exceed S5,000, but would provide for additional protection of surrounding surface waters should
such an incident happen to occur again in the future. While Nve do not anticipate any further discharges
from this facility given our actions resulting from this incident, I feel that the monies spent on secondary
containment are much better used than those spent on fines.
I assume that all above referenced correspondence has been received and reviewed by your office.
If, ho,. ever, this is not the case, or if you have any further questions or concerns, please contact me at (910)
293 5330, or e-mail at kraiL,%t-esterbeekia,,niu hvbron-ullc.cont.

Sinter
asg ester eek end
irect r of Envirovan
Com iance

0 RQG Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. Kraig Westerbeek
Murphy -Brown LLC
PO Drawer 856
Warsaw, NC 28398
October 14, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for Making an Outlet
to Waters of the State without a Permit
Farm # 82-38
Sampson County
File No. DV 02-003
Dear Mr. Westerbeek:
IOCI 17 2002
This letter transmits notice of a civil penalty assessed against Carroll's Foods LLC and/or
Murphy Brown LLC for the C & M I Faun in the amount of $5,250-05 which includes $1,250.05
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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NrDENR
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/Affirmative Action Employer
50% recycled / 101Y. post -consumer paper
httpJ/h2o_ enr,state. nc. us

Met
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 a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.I (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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you trust 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.
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
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], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
ent Wiggins, Acti pervisor
on -Discharge Comp iance and Enforcement Unit
3KW/scl
ATTACILMENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
Paul Sherman, FRO w/ attachments
Bob-H6ath,JFRO w/ attachments
File # DV 02-003 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO. AWS820038
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 02-003
Having been assessed civil penalties totaling $5,250.05
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
_ October 11, 2002 _ , 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.
This the
day of
►:mDI"7�f.X9
TELEPHONE
SIGNATURE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF )
CARROLL'S FOODS, L.L.C. AND )
MURPHY-BROWN, L.L.C. )
FOR MAKfNG AN OUTLET TO THE )
WATERS OF THE STATE OF )
NORTH CAROLINA )
WITHOUT A PERMIT )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 02-003
FINDINGS AND DECISION
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, J. Kent
Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit 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. CarroIl's Foods and/or Murphy -Brown own and operate C & M I Farm, a swine
operation in Sampson County.
C. Carroll's Foods was issued Certificate of Coverage AWS820038 under General
Permit AWG 100000 for C & M I Farm on June 26, 1998, effective June 26, 1998,
with an expiration date of April 30, 2003. This permit does not allow the
discharge of waste to waters of the State.
D. On December 1, 2001, DWQ staff observed a discharge of wastewater at C & M I
Farm from a confinement house to an unnamed tributary to Baker's Branch, which
are Class C Sw waters of the State within the Cape Fear River Basin.
E. Neither Carroll's Foods nor Murphy -Brown had a valid permit for the above -
described activity.
F. The cost to the State of the enforcement procedures in this matter totaled
$1,250.05.

I1�
Based upon the above Findings of Fact, I make the following:
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. The unnamed tributary to Baker's Branch constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C_ The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215A.
D. Carroll's Foods and/or Murphy -Brown may be assessed civil penalties in this
matter 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 is required but fails to apply for or to secure a
permit required by G.S. 143-215. 1.
E. 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).
F. The Acting 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:
Accordingly, Carroll's Foods and/or Murphy -Brown are hereby assessed a civil penalty
of:
$ for making an outlet to the waters of the State without a
permit as required by G.S. 143-2I5.1.
$ 1.250.05 Enforcement costs
5^ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
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;
(8) The cost to the State of the enforcement procedures.
4 O
ate) ent Wiggins, Ac � pervisor
on -Discharge Compliance and Enforcement Unit
Division of Water Quality

_��0� W A rERQ�
Michael F. Easley
Governor
UJ William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 14, 2002
Mr- Kraig Westerbeek CERTIFIED MAIL
Murphy -Brown LLC RETURN RECEIPT REQUESTED
PO Drawer 856
Warsaw, NC 28398
SUBJECT: Assessment of Civil Penalties for Making an Outlet
to Waters of the State without a Permit
Farm # 82-38
Sampson County
File No. DV 02-003
Dear Mr. Westerbeek:
This letter transmits notice of a civil penalty assessed against Carroll's Foods LLC and/or
Murphy Brown LLC for the C & M I Farm in the amount of $5,250.05 which includes $1,250.05
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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
A�1A
MDERR
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Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
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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 a detailed statement which you
believe establishes whether:
(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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
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. Thus 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:
1.7
Office of Administrative Hearings
67I4 Mail Service Center
Raleigh, North Carolina 27699-6714

Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
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], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
J� ent Wiggins, Acti pervisor
' �on-Discharge Compliance and Enforcement Unit
JKW/scl
ATTACHMENTS
cc:&aul.Raw s, Fayetteville Regional Supervisor w/ attachments
Paul Sherman, FRO w/ attachments
Bob Heath, FRO w/ attachments
File # DV 02-003 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. AWS820038 ) STIPULATION OF FACTS
FILE NO. DV 02-003
Having been assessed civil penalties totaling $5,250.05
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
October 11, 2002 , 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.
This the day of , 2002.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF )
CARROLL'S FOODS, L.L.C. AND )
MURPHY-BROWN, L.L.C. )
}
FOR MAKING AN OUTLET TO THE )
WATERS OF THE STATE OF )
NORTH CAROLINA )
WITHOUT A PERMIT )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 02-003
FINDINGS AND DECISION
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, J_ Kent
Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit 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 C & M I Farm, a swine
operation in Sampson County.
C_ Carroll's Foods was issued Certificate of Coverage AWS820038 under General
Permit AWG 100000 for C & M I Farm on June 26, 1998, effective June 26, 1998,
with an expiration date of April 30, 2003. This permit does not allow the
discharge of waste to waters of the State.
D. On December 1, 2001, DWQ staff observed a discharge of wastewater at C & M I
Farm from a confinement house to an unnamed tributary to Baker's Branch, which
are Class C Sw waters of the State within the Cape Fear River Basin.
E. Neither Carroll's Foods nor Murphy -Brown had a valid permit for the above -
described activity.
F. The cost to the State of the enforcement procedures in this matter totaled
S1,250.05.

II.
Based upon the above Findings of Fact, I make the following:
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_ The unnamed tributary to Baker's Branch constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6)_
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D_ Carroll's Foods and/or Murphy -Brown may be assessed civil penalties in this
matter 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 is required but fails to apply for or to secure a
permit required by G.S. 143-215.1.
E. 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).
F_ The Acting 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:
Accordingly, Carroll's Foods and/or Murphy -Brown are hereby assessed a civil penalty
of:
$ d for makins an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 1.250.05 Enforcement costs
$ Sd 5� TOTAL AtiIOUN'T DUE

As required by G_S. 143-215.6A(c), in determining the amount of the penalty I have
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;
(8) The cost to the State of the enforcement procedures.
a o `
ate) efWins,Ac ' pervisor
on-e Compliance and Enforcement Unit
Division of Water Quality

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
March 12, 2002
MEMORANDUM
TO: Kent Wiggins
Non -Discharge Compliance
THRU: Paul Rawls
Water Qualitf Regional Supervisor
Fayetteville Regional Office
FROM: Paul Sherman
Environmental Engineer I
Fayetteville Regional Office
SUBJECT: Enforcement Package
C & M I Swine Farm
Facility No. 82-38
Sampson County
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Please find enclosed a fast track enforcement package pertaining to the discharge of animal
waste at the subject facility.
Thank you for your cooperation regarding this manner. If you have any further questions or
need clarification on any of the details, please contact me.
Fayetteville Regional Office
225 Green Street— Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] FAX: [phone] Internet: www.enr.srate.nc us E?�1R
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,ANIMAL OPERATION INSPECTION FOR\l
I . Date of Inspection(s): December 1 2001. December 2 2001. December 4, 2001
2. Regional Office: Fayetteville, Water Quality Section
3. Name of Owner of Property: Carroll's Foods. LLC
4_ Name of Operator: Mr. James Blake Moore
5. Address: PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
6, Phone Number: [phone]
7. Description of Facility Location, Map excerpt attached: On southeast side of SR 1928_ approximately 0.4 miles
south of SR 1911,
S. Date this facility began operation: January 1. 1976
9. Date of last expansion: Not applicable
10. Has the facility registered with DWQ? If yes, date of registration: Yes. December 1. 1993,
1 1. Does the facility have an approved Animal Waste Management Plan: Yes
12. Has this facility received a CAFO Designation: No
13. Type of Operation: Swine, Feeder to Finish.
14. Number and type of livestock: Designed and permitted for 6000 ho_s_per cycle.
15, Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month
period: Twelve (12) months
16. Are crops. pasture, or post harvest residues sustained in the normal growing season over any portion of the lot
or facility? Yes, facile was designed to utilize approximately 48 acres of land on which to apply waste.
17. Type of Waste ,Management System: Swine are kept in total confinement free stall barn with slotted floors over
flushing pits Waste is flushed as needed from floor pits into the waste lagoon system. The lagoon system is
composed of one (1) lagoon from which waste can be pumped to the application fields via a mobile reel and
sprav_gun System.
18. Description of other animal operations in the intntediate vicinity and proximity to same or other surface waters:
It %%-as noted that Faison Investments. LLC owns a facility approximately 2000 feet northwest of the C&M I
facility, \-fr James Blake Moore is also the waste operator for the Faison Investments. LLC facility. This
facility is upstream from the C \1 1-facility.
19. Proximity of facility to neighboring houses, wells, etc.: None noted within relative proximity to facility_.
20. Approximate depth of ground water table in the area of the facility or discharge: unknown.

IM
21. Proximity of facility to surface waters: Facility fedge of lagoon) is approximately 350 feet from surface waters
(UT to Baker's Branch),
21 Animal waste discharged: Swine
Witnesses: Paul Sherman_ DWO-WO Favetteville Regional Office [phone]
Bob Heath. DWO-WO Favetteville Regional Office 1910) 486-1541
23. Are pollutants discharged in the waters of the State? YES
If so, how? The discharge occurred as_a result of a_blocked overflow pipe in the pit recharge system. Fame staff
did not turn off the recycle p=used to_fill _the flush pits in the confinement houses with lagoon liquid before
leavinu the farm for the evenin, on November 30 2001. The vit filled and began to discharge out of House ;V6
when the overflow pipe was blocked by solids. The wastewater flowed across the farm road and entered a
wooded area approximately 200 feet from the edge of the house. The waste continued overland through the
wooded area into an unnamed rributarV of Baker's Branch. Wastewater also ponded in the vegetated buffer
adjacent to the wooded area.
24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm? No
25. What is the degree and extent of harm to the natural resources of the State, public health, or to private property
resulting from the violation? The discharge has caused the introduction of nutrients into the receiving waters,
that will cause or add to the ossibiliE of ai al blooms and accelerated eutro hication of the stream. There are
no known public health issues at this time. Waste discharges of this nature -may based on comments form Dr.
iM.A. ,Mixson. North Carolina Department of Agriculture Veterinary Division transport swine diseases if
conditions are suitable.
Abbreviated Sample Results: (See attached lab results shet and photographs for additional information)
Location *Coliform, Fecal BOD Nitro -en, Ammonia
Upstream 1802 6.0 7.84
Downstream 31,000 95.0 60.51
* Due to samples being collected on a Sunday. Fecal samples exceeded holding time.
26. What is the duration and gravity of the violation? Discharge occurred during the night of November 30. 2001,
and early morning of December 1, 2001. The discharge was first noticed and remediation initiated at
approximately 7:45 a.m. on December 1, 2001. It was estimated that the total discharge volume was in excess
of 10.000 gallons of wastewater. At the time of inspection, it was estimated that the waste had flowed at least
%a.to '/Z of a mile downstream from the entrkpoint prior to discovery and remediation.
27. Water Quality Assessment: No observed impacts to wildlife in the receiving stream.
28. What is the cost of rectifying the damage? Farm staff constructed two Q) dams in the unnamed tributary to
Baker's Branch to caprure wastewater. Freshwater and wastewater was pumped from both of these dams into
the facility's lagoon and spray fields. Freshwater and wastewater was also pumped from a beaver pond on an
adjacent land owners property. Correspondence from Murphy -Brawn, LLC indicates that the cost of these
efforts totaled _58,090_
29. What is the amount of money saved by noncompliance? None.
30. Was the violation committed willfully or intentionally'? No, there is no evidence that the discharge_
intentional. However, it is atiainst company policy to leave the recycle pumps on overnight.
1. What is the prior record of the violator in complying or failin<g to comply with programs over which
Enviroinnemal iManagement Commission has re<,wiatory authority''

March 17, 2000, Notice of Deficiency: Facility reported, on January 21, 2000, that lagoon freeboard was less
than that required by the General Permit, ~
March 21, 2000, Notice of Deficiency: _Facility reported. on March_ 21, 2000, that lagoon freeboard. was less
than that required by the General Permit.
32. What is the cost to the State for the enforcement procedures'?
Photo, film and developing:
S 6.00
BOD: $32.40/ca X 4 samples
S 129.60
Coliform, Fecal: S46.80/ea X 4 samples
$ 187.20
Nitrate: $32.40/ea X 4 samples
$ 129.60
Nitro -en. Ammonia: $27,00/ea X 4 samples
$ 108.00
Mileage: S0.23/mile X 100 miles
S 23.00
Paul Sherman to. $24.62/hr
Investigation- 6.0 hrs
S 147.72
Report Development- 8.0 hrs
S 196.96
Robert Heath a S20.01/hr X 9.5 hrs (Investi�zation)
S 190.10
Paul Rawls @ $31.87/hr X 1.0 hrs (Review)
S 31.87
Central Office Review
100.00
TOTAL.
S1,250.05
33. Type or general nature of business: Swine, Feeder to Finish
34. What is the violator's degree of cooperation or recalcitrance? Murphy -Brown, LLC has been very cooperative
with DWO in respondine to reouests and corresnondence. Two dams were constructed in the receiving stream
within the facility's property boundaries. In addition, rights were received from an adjacent landowner to pump
freshwater and wastewater from the downstream beaver pond. Murphy -Brown made every effort to remove as
much of the discharged waste from the receiving stream as possible.
35. Are there any mitigating circumstances? No
36. Assessment Factors:
a. IWC: Unknown
b. Receiving Stream: Unnamed Tributary to Baker's Branch. Class C_ SW
c. Damage: No
37. Include a copy of any Designation letter signed by the Director. N/A
38. Recommendations Made to Owrter/Operator:
I- Immediately siog flow of wastewater and recover as much as possible.
2- Take immediate action to prevent any future discharge of waste.
39. Recommendations for further DWQ Action:
I- Notice of Violation (Forwarded January 10, 200L
2- Enforcement Action
3- Reinspection
40. Other Conlnrents: \one

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF )
C & M 1 Swine Farm }
Carroll's Foods, LLC & Murphy -Brown, LLC)
FOR VIOLATIONS OF CONDITIONS )
OF ANIMAL WASTE PERMIT )
AWG100000 and 15A NCAC 2H .0217 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DD XXXXX
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, 1, Gregory J. Thorpe, Ph.D., Acting Director of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carroll's Foods, LLC is an Limited Liability Company organized in Delaware and
Murphy -Brown, LLC is a Limited Liability Company organized in Delaware and
is the current manager of Carroll's Foods, LLC.
B. Carroll's Foods, LLC owns and operates a swine operation in Sampson County.
C. Carroll's Foods, LLC was issued Certificate of Coverage AWS820038 under
General Permit AWG 100000 for C&M I on June 26, 1998, effective June 26,
1998, with an expiration date of April 30, 2003.
D. DWQ staff visited the C&M I facility on December 1, 2001 and observed a
discharge of wastewater from a confinement house to an unnamed tributary of
Baker's Branch which are Class "C,SW" waters of the State within the Cape Fear
River Basin.
E. The C&i%,l I facility had no valid permit for the above described activity.
F. The costs to the State of the enforcement procedures in this matter totaled
S1 250.05.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carroll's Foods, LLC is a "person" 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 in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. Baker's Branch constitutes waters Of the State within the meanin4 of G.S. 143-
215.1 pursuant to G.S. 143-212(6),
D. The above cited discharge is a violation of the nondischarge General Permit
AWG 100000.
E. Carroll's Foods, LLC may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) 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 Carroll's Foods,
LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, 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:
OWNER is hereby assessed a civil penalty of:
S for discharging waste to the waters of the State in violation of
15A NCAC 21-1.0217.
S TOTAL CIVIL PENALTY
S 1,250.05 Enforcement costs
S TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the

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CHECKLIST AND TRACKING INFORMATION FOR ENFORCEMENT ACTIONS
FOR ANIMAL WASTE DISCHARGES TO SURFACE WATERS
FARM NAME of cojo I "n k C dM Z
FACILITY NUMBER ga - g
COUNTY- -�mQso!1
9( INSPECTION REPORT
R( NOV/NOI
C( RESPONSE FROM GROWER
Pf DEED AND MAP
0 PERMIT INFORMATION
DATE Oh to la%2/o1) I.2/K/.E
DATE ISSUED 1 l a %o2,
DATE REC'D a°1 /o
LJ MAP OF FARM AND DISCHARGE AREAS
0 INSPECTION LONG FORM
if SAMPLE INFORMATION
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1/ FINDINGS AND DECISION DOCUMENT
C( MEMORANDUM TO JEFF POUPART
DATE REC'D la /al 01
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DATE PACKAGE FORWARDED TO RALEIGH