820054_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Quai

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 12, 1998
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Pope Brothers Farms
5450 Garland Highway
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
Pope Brothers Farms (14-19) & (20-25)
Registration Nos. 82-54 & 82-212
Sampson County
Dear Mr. Pope:
On July 23, 1998, staff from the Fayetteville Regional Office of the Division of
Water Quality inspected the Pope Brothers Farms (14-19) & (20-25) swine
facilities. It was noted from the review of the irrigation records that the small grain
over seed on some pulls had been over applied on by an excess of 80 pounds of
plant available nitrogen (PAN) on farm 14-19 and by an excess of 60 pounds of
plant available nitrogen on farm 20-25.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Comply with the Certified Animal Waste Management Plan (CAWMP) when
applying waste using the correct PAN rates as listed for each crop depending on
the soil types for the field.
128 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301.6043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLEOl10% POST -CONSUMER PAPER

Page 2
Pope Brothers
August 12, 1998
Please provide a written response to this office on or before September 11, 1998 regarding
corrective actions taken or planned. Nothing in this letter should be taken as absolving this facility
of the responsibility and liability of any violations that have or may result from these deficiencies. If
you'have any questions concerning this matter, please call Jeffery Brown, at [phone].
Sincerely,
10-14Y GU447-L.-
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Wilson Spencer - Sampson Co. NRCS

4
Kerr T. Stevens, Regional Supervisor
NC DqX of Eavuammeot,
Health and Natural Resources
Division of Water Quality
Wachovia Building, Suite 714
Fayetteville, N.C. 28301-5043
Attention: Kerr T. Stevens
P.O. Box 2020
C%VA% N.C. 2$719-2020
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Dear Mr. Stevens:
Subject: In Riapor mo to Cerdried l after roorr+vad Apr# 15, iW
Jason C. Pope amd Joseph A. Pope of Pope Brothers Farms, Inc, have since March 29, 1997
iwd=W and PVC proms with risers. The installation of these pipes have redefined our spray
Y " as shown an enclosod mag to leave a SO ft buffer from all canals. This should be an adequate
a ' b01pDevem any questionable application of waste water in tory of our canals or drainage
aaddMw like to address tht statement in the certified letter that upon finther investigation, run-
' � � . •��gipditba'efved leaving the spray field and catering asters of the state (ie, a tributary at Buckieorn
;Ciee]r): At the time your representative was on our farm, this problem was not brought to our
Y w on. We did not thea nor sires then see any runoff entering the canals. We do admit that there
'-66= water standing around the joints of the aluminum {ripe that we were using at the time, but at
...
m tient itid we observe any runof. If your representative observed this, it should have been brought
Clo our attention immediately while he was still on the farm, and not a month later through mail
correspondence.
We hope this addresses all your questions. Should them be anything else, please let us know. We are
trying to comply with all the rules and regulations of the swine inderstry to the best of our ability.
because we too have to live on the laced and survive on the ground waters that surround the hog farms
in Sampson County.
irecctelY,
Pope Brothers Farms, Inc
Enclosure (1)

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State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Reglonal Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
IDIEHNF;Z
DIVISION OF WATER QUALITY
April 9, 1997
Pope Brothers Farms, Inc.
P.O. Box 2020
Clinton, N. C. 28328
SUBJECT: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Pope Brothers Swine Farm
Facility No. 82-54
Sampson County
Dear Mr. Pope:
You are hereby notified that Pope Brothers Swine Farm, which has been deemed
permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A
NCAC 2H.0217, has been found to be in violation of its 2H.0217 Permit.
On March 29, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality responded to a citizen complaint that Pope Brothers Swine Farm was applying waste in
and across a canal and that run-off was occurring. At the time of the investigation our staff
confirmed that a discharge was occurring and reported the situation to Mr. Pope. By the time
the Division staff had located Mr. Pope the irrigation gun had migrated from the canal a safe
distance to prevent further run-off. Upon further investigation, run-off was observed leaving the
spray field and entering waters of the state (i.e. a tributary of Buckhorn Creek).
The Division of Water Quality may proceed with additional actions against Pope Brothers
Swine Farm, unless the following items are addressed:
Maintain the required buffers from the canal with your irrigation equipment to prevent
a discharge.
Wachovia Bullding, Suite 714, Fayetteville���� FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Volce 910-486-1541 50% recycled/ 10% post -consumer paper

Pope Brothers
Page 2
April 9, 1997
2. Modify your certified waste management plan to allow for adequate buffers from all
drainage features to prevent future discharges.
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement aciton for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per
day per violation.
Please provide a written response to this office on or before May 9, 1997, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist at (910) 486-
1541).
Sincerely,
Kerr T. Stevens
Regional Supervisor
KTSIRFH
Attachments
cc: Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Wilson Spencer, Sampson County NRCS

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Pope Brothers Farms, Inc.
P.O. Box 2020
Clinton, NC 28328
DIVISION OF WATER QUALITY
May 12, 1997
Subject: Response to Notice of Violation
Pope Brothers Swine Farm
Facility # 82-54
Sampson County
Dear Mr. Pope:
The Division of Water Quality has reviewed your response to the Notice of Violation received
on May 5, 1997. The measures taken to prevent the reoccurance of the violation by:
1. the installation of a permanent irrigation distribution system
2. and redefining the spray application fields with adequate buffers to prevent runoff and to
prevent waste from entering the canal or locating the spray gun to close to the canals to allow
overspraying of waste into the canals are considered adequate.
After the review of the measures taken to correct this violation, the Division has determined that
enforcement action is not warranted at this time against the Pope Brothers Swine Farm.
Please be advised that this decision does not prevent the Division of Water Quality from taking
enforcement action for any future violations. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Wacho%Aa Bullding, Suite 714. FayettevilleNCO
FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Afffrmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Pope Brothers Swine Farm
May 12, 1997
If you have any questions concerning this matter, please do not hesitate to contact either myself
or Mr. Robert Heath, Environmental Specialist at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office

Kerr T. Stevens, Regional Supervisor
NC Dept of Environment,
Health and Natural Resources
Division of Water Quality
Wachovia Building, Suite 714
Fayetteville, N.C. 28301-5043
Attention: Kerr T. Stevens
Dear Mr. Stevens:
Subject: In Response to Certified Letter received Aprl! 15,1997
P.O. Box 2020
Clinton, N.C. 28329-2020
RECE"IV
All Y 0 5 19971
REG
FA�eP f evIL�.E
pe and Joseph A Pope of Dope Brothers Farms, Inc, have since March 29, 1997
3und PVC pipes with risers. The installation of these pipes have redefined our spray
in enclosed map, to leave a 50 R buffer from all canals. This should be an adequate
any questionable application of waste water in any of our canals or drainage
ke to address the statement in the certified letter that upon further investigation, run -
leaving the spray field and entering waters of the state (i.e. a tributary of Buckhorn
me your representative was on our farm, this problem was not brought to our
I not then nor since then see any run-off entering the canals. We do admit that there
,tanding around the joints of the aluminum pipe that we were using at the time, but at
3serve any run-off. If your representative observed this, it should have been brought
nmediately while he was still on the farm, and not a month later through mail
correspondence.
We hope this addresses all your questions. Should there be anything else, please let us know. We are
trying to comply with all the rules and regulations of the swine industry to the best of our ability,
because we too have to live on the land and survive on the ground waters that surround the hog farms
in Sampson County.
incerely,
Cr TON�
Pope Brothers Farms, Inc
Enclosure (1)
.......................

August 25, 1998
TO: Jeffery Brown
Environmental Engineer, Division of Water Quality
FROM: Pope Brothers Farms
5450 Garland Hwv.
Clinton, N.C. 28328
SUBJECT: Certified Letter Noting Deficiency
Pope Brothers Fauns (14-19) & (20-25)
Registration Nos. 82-54 & 82-212
Sampson County
Dear Mr. Brown:
In regard to the certified letter we received from your office dated August 12. 1998 — We were awarc
that we were over applying waste on some of our spray fields earlier in the year. We had accumulated a
hearty amount of rain in a short period of time and we were getting our lagoons down to the required level.
We now have our lagoons where we can keep them in check and do not foresee having this particular
problem of possible having to hea%rily apply waste again.
As far as over application — We have taken in consideration the amount of Nitrogen already applied to
the land, along with soil sample results and the waste management plan as we apply waste to current crops.
We are very conscious of how we apply our animal waste and we hope that our actions will prevent any
futurceficiencies on our farms. If you should have any questions, please give us a call.
Ja Joc P pe
Pope Broth Farms

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