820301_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Quai

rA
i
AVA
NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Natural Resources
AQUIFER PROTECTION SECTION
October 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James Naylor
12785 US 421
Newton Grove, NC 28366
Subject: NOTICE OF DEFICIENCY
Tommy Naylor farm 41 & 42 Facility 482-301
AWS820301
Sampson County
NOD -2010 -PC -10951 Incident no200903090
Mr. Naylor:
Dee f=reeman
Secretary
On December 10, 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Tommy Naylor of a high freeboard level in the lagoon 1, 2 and 3. We wish to
thank Mr. Naylor for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that; having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 21' Section .l 300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000.
On December 10, 2010 a lagoon/storage pond level was documented at 16.0 inches in lagoon I . Lagoon
2 was documented at 18 in. and lagoon 3 17 inches_ A level of 19 inches is the maximum level allowed
by your permit and Certified Animal Waste Management Plan.
North Carolina Division of Water Quality Internet: www.newaterguality.org
225 Green St., Ste. 714 Phone: [phone]
Fayetteville, NC 28301 FAX [phone]
An Equal OpportunityM irmative Action Employer- 50% Recyclei:!M% Post Consumer Paper
NorthCarohna
Naturall�

Mr. Naylor
October 14, 2010
Page 2
Required Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence.
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above deficiency and to provide a
written (fax /email) response to this Notice within 30 days of receipt of this letter. Please include in
your response all corrective actions already taken and when the lagoon was back in compliance.
If you have any questions concerning this notice, please contact me at (910)-433-3300. Fax 910-486-
0707 and email [e-mail].
Sincerely,
Steve G uyton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick CAFO Unit
Sampson County Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Murphy Brown Farms

i
O�OF \N A7-4, Michael F. Easley, Governor
�William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
July 11. 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James Naylor
12785 US HNAy 421
Newton Grove, NC 28366
Re: Notice of Deficiency
High Freeboard
Tommy Naylor Farm # 1 &#2
NCA282301
Sampson County
Dear Mr. Naylor:
On 1111812006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
NCA200000 Section 111 1 1(e), that the freeboard level of the lagoon was 17.0 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25 -year, 24-hour storm event plus an additional one (1) foot of
structural freeboard."
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
Aquifer Protection Section 1636 Mail Service Center
Internet: www.newater uaiitv.or Location: 2728 Capital Boulevard
An Equal opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
NonrthCarolina
Naturally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

July l 1, 2007
Page 2 ' �•
Naylor
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. Please be advised that nothing in this letter should be taken as removing
from you the responsibility or liability for failure to comply with any State Rule, State Statue or
permitting requirement.
If you have any questions regarding this letter, please do not hesitate to call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. PDAs can be found under "Reporting Forms" on the left
side of the page, at our website httpa/h2o.enr.state.nc.uslaps/afou/afou—home.htm
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File — 82-301
APS Central Files
Murphy Family Farms