820146_ENFORCEMENT_20171231

NURTH CAROLINA
Department of Environmental Qual

November 24, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Bizic
P. O. Box 759
Rose Hill, NC 28488
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Riverfront #I & #2 Fann
Facility No_ 82-146
Sampson County
Dear Mr. Bizic:
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 214 .0217, you have been found to
be in violation of your 214.0217 Permit.
On August 10, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational revic-, : of your swine farm located on SR 1246 in Sampson
County. During that routine inspection, it was noted that the facilities recordkeeping was not in
order. Records of applications, samples, and lagoon levels must be taken as required by the
NPDES Permit and failure to do so is a violation of a permit condition_ The particular item noted
on the SWC Inspection was the incorrect use of acreage amounts on the IRR -2 forms. This
deficient recordkeeping condition contributed to the over application of P_A.N. which occurred
on Pulls # 7 and #15. Also noted were Pulls 46 - #20 for use of the incorrect acreage total on the
02 — 03 small grain crop and on the IRR -2 form as well. While the recordkeeping deficiencies
contributed to the over applications it does not excuse them. The over applications have been
documented in our files and similar future over applications will result in enforcement action
being taken. Please be advised that such over applications are inconsistent with your Waste
Utilization Plan. Further evaluation of this matter may be conducted in the future.
The Division of Water Quality requests that the following items be addressed:
1. Improve recordkeeping by following permit guidelines for applications. Insure use of
correct acreage figure from wetted acre determination for each pull.
�Qv3wr
iW—DERR
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 2830 1-504 3 [phone] Fax[phone] Customer Service
1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
>
Division of Water Quality
O
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 24, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Bizic
P. O. Box 759
Rose Hill, NC 28488
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Riverfront #I & #2 Fann
Facility No_ 82-146
Sampson County
Dear Mr. Bizic:
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 214 .0217, you have been found to
be in violation of your 214.0217 Permit.
On August 10, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational revic-, : of your swine farm located on SR 1246 in Sampson
County. During that routine inspection, it was noted that the facilities recordkeeping was not in
order. Records of applications, samples, and lagoon levels must be taken as required by the
NPDES Permit and failure to do so is a violation of a permit condition_ The particular item noted
on the SWC Inspection was the incorrect use of acreage amounts on the IRR -2 forms. This
deficient recordkeeping condition contributed to the over application of P_A.N. which occurred
on Pulls # 7 and #15. Also noted were Pulls 46 - #20 for use of the incorrect acreage total on the
02 — 03 small grain crop and on the IRR -2 form as well. While the recordkeeping deficiencies
contributed to the over applications it does not excuse them. The over applications have been
documented in our files and similar future over applications will result in enforcement action
being taken. Please be advised that such over applications are inconsistent with your Waste
Utilization Plan. Further evaluation of this matter may be conducted in the future.
The Division of Water Quality requests that the following items be addressed:
1. Improve recordkeeping by following permit guidelines for applications. Insure use of
correct acreage figure from wetted acre determination for each pull.
�Qv3wr
iW—DERR
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 2830 1-504 3 [phone] Fax[phone] Customer Service
1-877-623-6748

Mr. Bizic
11-24-03
Page 2
2. Avoid over application of P.A.N. by improving recordkeeping procedures.
Failure to comply with the above conditions may result 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. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than 525,000.00
per clay per violation.
If you have an explanation for this violation that you wish to present, please respond to this
office by December 11, 2003.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Larry Baxley, Environmental Specialist, or myself at [phone].
Since I
Paul E_ Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith L.arick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh
N. C, Division of Water Quality 225 Green Street Fayetteville, North Carolina 24301-5043 [phone] Fax [phone]
�.�A
NCDENR
Customer Service
1-877-623-6748

W A r�RpG
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Bizic
P. O. Box 759
Rose Hill, NC 28488
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 24, 2003
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Riverfront #1 & #2 Farm
Facility No. 82-146
Sampson County
Dear Mr. Bizic:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy 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 August 10, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational revie�+ of your swine farm located on SR 1246 in Sampson
County. During that routine inspection, it was noted that the facilities recordkeeping was not in
order. Records of applications, samples, and lagoon levels must be taken as required by the
NPDES Permit and failure to do so is a violation of a permit condition. The particular item noted
on the SWC Inspection was the incorrect use of acreage amounts on the IRR -2 forms. This
deficient recordkeeping condition contributed to the over application of P.A.N. which occurred
on Pulls # 7 and #15. Also noted were Pulls 46 - #20 for use of the incorrect acreage total on the
02 — 03 small grain crop and on the IRR -2 form as well_ While the recordkeeping deficiencies
contributed to the over applications it does not excuse them. The over applications have been
documented in our files and similar future over applications will result in enforcement action
being taken. Please be advised that such over applications are inconsistent with your Waste
Utilization Plan. Further evaluation of this matter may be conducted in the future.
The Division of Water Quality requests that the following items be addressed:
1. Improve recordkeeping by following permit guidelines for applications. Insure use of
correct acreage figure from wetted acre determination for each pull_
rt�
4 gENR
N. C. Division of Water Quality 225 Green Street Fayetteville, ;`forth Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

Mr_ Bizic
11-24-03
Page 2
2. Avoid over application of P.A.N. by improving recordkeeping procedures.
Failure to comply with the above conditions may result 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. 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, please respond to this
office by December 11, 2003.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Larry Baxley, Environmental Specialist, or myself at [phone].
Since
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. N RCS
Trent Allen — SWC, FRO
Central Files - Raleigh
d"A
NWENR
N. C. Division of water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

L
Facility
Waste Management Plan Changes
-6-a - \4�,4
2003
Farm
This farms Waste Management Plan has made the following changes:
❑ Crop changes
❑ Wetted Acres
❑ Increased Acreage
❑ Decreased Acreage
❑ Changed Irrigation Design
❑ Change in Farm type
❑ Plan based on 3 Years On Farm Records
12- Other
Comments:
~1-<6-03
Date

Irl
t5 -r�orf r > a ;�'..:i' lyu- �����a �ec:ar.��-• � a�#asx�q,. srza►' _ a' *'� �v -1} _,."� .'".,.
See attached map showing the fields to be used for the utilization of waste water.
Application of Waste by Irrigation
Field Soil Type Crop Application Application
THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE
WILL BE NEEDED FOR DRY LITTER OR SLURRY.
*2 lagoons
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 6 MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation *see lagoon Staff gauge.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil
and Water Conservation District office after you receive the waste analysis report for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrative of operation: Acres shown are "wetted" acres. All land maybe grazed. Bermuda
rate was taken from the original plan done for this farm by Herman Riggs of Sampson Co. NRCS.
These PAN rates have been substantiated by yields since'94.
The followina is the iustification for reduction of Lbs. Of PANlvear produced:
The PAN produced was determined using the NC cooperative Extension standards for determining
PAN generated. Grower has copies of all IRR -2's and Waste Analysis used to determine this
amount, in his file box. Attached to the NUP is a consolidation of that data. The number used
on page 2 of the NUP for Total Lbs. PANT ear is more that 73% higher than the total PAN
generated using the NC Cooperative standards.
Page 4
-o"S

WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: Riverfront 1 &2
Owner/ Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25 -year, 24-hour storm. The approved plan will be filed on-site at the farm
office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner: Murphy Farms
(Please print)
Signature: Date: j (a t)
Name of Manager (If different from owner):
Signature: Date:
Name of Technical Specialist: (Please pant) Torsi W. King
Affiliation: Murphy Brown, LLC
Address (Agency): P.O. Box 856
Warsaw, NC 28398
Signatu W Date:
Page 8