820335_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

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North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William Keith Naylor
KBA Naylor Farm
781 Honeycutt Rd.
Clinton, NC 28328-0405
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
AQUIFER PROTECTION SECTION
November 18, 2010
Subject: NOTICE OF DEFICIENCY
KBA Navlor Farm, Facilitv 482-335
AWS820335
Sampson Count,,
NOD -2010 -PC -1 134/ Incident no.20100081 1
To Whom It May Concern:
On February 9, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified
by Keith Naylor of a high freeboard level in the lagoon. 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 2"1. Section .1300, 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.
AQUIFER PROTECTION SECTfON
225 Green St., Ste, 714
Fayetteville, North Carolina 28301 Onc
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 NorthCarot ina
Intemei: vrww,h20.enr.slaie.nc.us
An Equal Oppoitunity 1 Affirmative Action Employer�rtur�rlt�

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Cont. Page 'rwo
November 18, 2010
KBA Naylor Farm
On February 8, 2010 a lagoon/storage pond level was documented at 18 inches. A level of 19 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan.
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 response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions alreadv taken
and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact our office at (910)-433-3300.
Sincerely.
4
Robert Marble
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, LLC

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WILLIAM KEITH NAYLOR
781 HONEYCUTT RD.
CLINTON, NC 28328-0405
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DECEMBER 2, 2010
RECEIVED
DEC 0 8 2010
19" DENR -FAYETTEVILLE REGIONAL OFRCE
ON FEBRUARY 9T", 2010,1 REPORTED HIGH FREEBOARD IN TWO LAGOONS: FACILITY # 82-335 AND #
82-302 DUE TO AN UNUSUAL AMOUNT OF RAINFALL AT ONE TIME. SATURATED SOILS PREVENTED ME
FROM PUMPING AFTERWARDS ALONG WITH THE TIMEFRAME ON MY WASTE PLAN.
I PUMPED AT THE KBA FARM # 82-335 DURING THE WEEK OF FEBRUARY 22ND, 2010 AND STARTED
PUMPING AT THE CIRCLE N FARM # 82-302 DURING THE WEEK OF APRIL 5T", 2010 AND WAS ABLE TO
GET BOTH LAGOONS BACK IN COMPLIANCE.
KBA NAYLOR FARM # 82-335
CIRCLE N FARM # 82-302
KEITH NAYLOR
NIVIIIIID�I�III�IIBVN�II�
7010 1670 0002 3085 3458

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Rexton Simmons
1128 Honeycutt Road
Clinton, NC 28328
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
April 25, 2006
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
R&R Farms
NPDES Permit No.NCA282335
Sampson County
Dear Rexton Simmons:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition 111. 12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: wvuw.ncwaterctualitv.ore Location: 2728 Capital Boulevard
An Equal opportunity/Affirmative Action Employer- 50% Recyclecill0% Past Consumer Paper
1���nCarolina
,Naturally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Rexton Simmons
Page 2
April 25, 2006
VW,
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
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 contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely, aj
Zf
Stephen . Barnhardt
Aquifer Protection Regional Supervisor
CC' (Facility File 82-335 .3
APS Central Files
Murphy Family Farms
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District

ptpF \NAr64pG !vl'ielts�i F")'rile}, Governor `" •
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Q -r Alan W. Klimek, P.E. Director
Division of Water Quality
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William Naylor
781 Honeycutt Rd.
Clinton, NC 28328-0405
Re: Notice of Deficiency
High Freeboard
William Naylor Farm
NCA282335
Sampson County
Dear Mr. Naylor:
On 11/27/2006, 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 III 11(e), that the freeboard levels of the lagoon were 13 & 16 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.ncwaterquality.orR Location: 2728 Capital Boulevard
An Equal Qpporlunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
)Vatura!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

July 11. 2007
Page 2
Naylor
If you are not aware, you now may pump up to eight (S) 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 http://h2o.cnr.state.nc.uslaps/afou/afou_home.htm
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File — $2-335
APS Central Files
Murphy Family Farms

Incident Report
Report Number: 200604186
Incident Type: Non -Compliance Reporting
Category: Animal
Incident Started: 11/27/2006
County: Sampson
City:
Farm #: 82-335
Responsible Party:
Owner.
Permit: NCA282335
Facility: R&R Farms
First Name: Rexton
Middle Name: B
Last Name: Simmons
Address 1128 Honeycutt Rd
City/State/Zip: Clinton NC 28328
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of incident: On farm
Address:
City/State/Zip
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: 1
Reported By:
FirstlMid/Last Name: Keith Naylor
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: !
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Report Created 11/30/06 08:34 AM Page 1

Cause/Observation:
High freeboard due to heavy rainfall.
Action Taken:
POA due.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
0 Access to Farm
■ Structure Questions
Directions:
Comments:
0 Animal Population
Conveyance :
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
■ Spray Availability
Report Created 11/30/06 08:34 AM Page 2

Access to Farm
Farm accessible from the main road? ❑ Yes ❑ No ❑ NA ❑ NE
Animal Population
Confined?
❑ Yes
[-IN,
❑ NA ❑ NE
Depop? ❑ Yes
❑ No
❑ NA ❑ NE
Feed Available?
❑ Yes
❑ No
❑ NA ❑ NE
Mortality? ❑ Yes
❑ No
❑ NA ❑ NE
Spray Availability
Pumping equipment?
❑ Yes ❑ No ❑ NA ❑ NE
Available Fields? ❑ Yes ❑ No ❑ NA ❑ NE
Structure Questions
Breached?
❑ Yes ❑ No ❑ NA ❑ NE
Inundated?
❑ Yes ❑ No ❑ NA ❑ NE
Overtopped?
Water on outside wall?
Poor dike conditions?
Waste Structure Type Waste Structure Identi inches Plan Due Date
Lagoon SMALL 13.00
Lagoon BIG 16.00
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
Plan Recieved Date Level OK Date
Event Type Event Date Due Date Comment
Incident closed
Requested Additional Information
Referred to Regional Office - Primary Contact
Report Entered 2006-11-30 08:31:26
Incident Start 2006-11-27 08:30:00
Report Received 2006-11-27 12:00:00
Report created 11/30/06 08:34 AM Page 3

Standard Agencies Notified:
Agency Name Prone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Robert Marble Robert Marble Ricky Revels
Phone:
DatelTme: 2006-11-27 12:00:00 AM 200&11-30 08:31:26 AM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 11/30/06 08:34 AM Page 4

0f \NA]� Michael F. Easley, Govemor
� 9Q William G. Ross Jr., Secretary
Cy North Carolina Department of Environment and Natural Resources
3: -1 Alan W. Klimek, P.E. Director
Q �C Division of Water Quality
August 22, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Rexton Simmons
1128 Honeycutt Road
Clinton, NC 28328
Subject: Inadequate Freeboard
No Further Action
R&R Farms
82-335
Sampson County
Dear Mr. Simmons:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville Regional
Office has determined that an NOV is appropriate due to poor operation and management.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier 952-01-01
An Equal Opportunity 1 Affirmative Action Employer
50% recycled 110% post -consumer paper
http:11h2o.enr. state. nc, us
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Location:
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Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sin
f
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 82-335
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

April 16, 2003
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Rexton Simmons
1128 HONEYCUTT ROAD
CLINTON, NORTH CAROLINA 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
R&R Farms
#82-335
Sampson County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
i
232003
i
On April 11, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on August 20, 1999.. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service. Mailing Address. Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity Affimiative Action Employer
50% recycled 110% post -consumer paper
h ttp://h2o. enr. s fate- nc. us
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Location.
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
December 6, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Billy Simmons
1 128 Honeycutt Road
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
R & R Farms
Facility No. 82-335
Sampson County
Dear Mr. Simmons:
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 .02 f 7, you have been found to be in violation of your 2H .0217
Permit.
On November 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality
performed a routine inspection of the above referenced swine farm in Sampson County. This inspection revealed
that lagoon waste analysis was not being performed'within 60 days of an irrigation event. This item has been
addressed in a previous notice (NOD dated June 1, 1998) and previous inspections and reviews conducted by the
Division of Water Quality and the Division of Soil and Water. This inspection also revealed that freeboard
records were not being maintained with the farm paperwork,
The Division of Water Quality requests that the following item(s) be addressed:
1. Collect lagoon waste samples at a minimum of every 120 days during periods of wastewater irrigation. Waste
samples are valid for 60 days before and 60 days after the sample date.
2. Maintain lagoon freeboard records with farm paperwork.
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.
225 GREEN STREET- SUITE 714 i SYSTEL BUILDING! FAYETTEViLLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.F,NR.-,TATF-NC.USiENR!
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Mr. Simmons
12-6-02
Page 2
Please provide this office with a written response on or before December 23, 2002 as to the actions taken or
proposed to be taken to avoid these situations in the future_ if you have any questions concerning this matter,
please do not hesitate to contact Paul Sherman, Environmental Engineer, or myself at [phone].
mps/PR
Cc: DWQ Raleigh -Compliance Unit
Trent Alien-DSWC Fayetteville Office
Wilson Spencer -Sampson Co. NRCS
Central Files -Raleigh
C
.c
Paul E. Rawls
Regional Water Quality Supervisor
I�

�'• �WAYNE MCDEV1T:1x.�1
SECRETARY /
; •� NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 1, 1998
-CERIMED MAJIL
RETURN RECEIPT REQUESTED
Rexton Simmons
873 Honeycutt Road
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
R & R Farms
Registration No. 82 - 335
Sampson County
Dear Mr. Simmons:
r
On May 18, 1998, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the R & R Farm swine facility. Mr. Simmons stated
that the current population of the farm was 2800 feeder to finish hogs. However,
the farm is certified and designed for only 2500 feeder to finish hogs. The
Sampson County NRCS office was contacted due to overstocking in order to
determine if the lagoon could handle the extra 300 animals. Staff from NRCS ran
the calculations and determined that the lagoon could handle the extra animals long
enough to process the hogs to market weight. It was also noted that record
keeping needs some improvement.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. When animals have reached market weight and removed, do not overstock the
facility beyond the designed capacity of 2500 hogs. The Certified Animal Waste
Management Plan (CAWMP) was written for 2500 animals not 2800. In order to
stock 2800 animals, the CAWMP will have to be rewritten and certified for 2800
animals by the technical specialist. The lagoon design will also have to be
reviewed to determine if there is enough capacity to handle the extra hogs on a
more routine basis. Acreage available for irrigation will also have to be reviewed.
225 GREEN STREET, SUITE 714, FAYETTEVILI_E, NORTH CAROLINA 26301-5043
PHONE [phone] FAX 91 O-466-0707
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Page 2
Rexton Simmons
June 1, 1998
2. Need to keep separate IRR -2 forms for each crop along with each pull with the recommended
plant available nitrogen (PAN) rates as listed in the CAWMP.
3. Need to take a more recent lagoon sample in order to determine the amount of plant available
nitrogen so that M-2 forms can be completed.
Please provide a written response to this office on or before June 19, 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,
/?6JA=Wt--
effery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Wilson Spencer - Sampson Co. NRCS
Murphy Family Farms
AF