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820340_CORRESPONDENCE_20171231
NUH I H UAHULINA Department of Environmental Qual Murphy -Brown ILA May 7, 2014 NCDENR, DWR Fayetteville Regional Office 225 Green Street Suite 714 / Systel Bldg. Fayetteville, NC 28301-5043 Subject: Burial Site Map for Farm 311 l ; Fac. No.: 82-340 Sampson County PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Fax:910-293-3138 RECEIVED MAY - 8 2014 DENR -FAYE TEVfLLE REGIONAL OFFICE Enclosed please find a copy of the map of the burial site for the above -mentioned facility where during September —December 2013, 6242 nursery, 793 finishing and 92 sow animals were buried in Dead Hale A in accordance with the facility's CAWMP and the NCDA&CS Veterinary Division's Statutes and regulations. This was due to above normal mortality at this facility. Please place in the appropriate files. If you have any questions regarding this matter, please do not hesitate to call me at (910) 293-3434 ext. 5363. Sincerely, Kevin Weston, CID Environmental Compliance Cc: Murphy -Brown, LLC Files search Page I of 2 2 0 10 0 0 k1i S 820 340 Incident Details I K4 Incident Freeboard Levels Events Related Incidents DetailS2 Incident Type: INon-Compliance Reporting Incident Number: 2-6-1 Category: I APS - Animal E] Started Date/Time :102J1012010 04:22 pm Sampson Farm N: County :1. El. .. ... . .......... . . 1820 Decimal DD:MM:SS Latitude: Position Accuracy: ---Select Value --- Longitude: Position Method: ---Select Value --- Position Datum: SelecTvalue--- 1 Reporting Person: El Anonymous First Name: lGreg" Address Middle Name: Last Name: cart City :I State/Zip : Phone: 1(910)990-6829_ Cell/Pager : L Location of the Incident M-Brown Farm # 31111 (fac. #82-340) Address: City/State/Zip:Faison Cause/Observation of the incident: Directions kE ................ Action Taken: Comm ents/Findings Water Supply Wells within 1500ft Surface Water Impacted: OYes ONo OQUnknown Groundwater Impacted: ct Value--- 71 Waterbody : EZ__]_Te Lo 77 Waterbody (Other): conveyance Report Received By : i Revels, Ricky. RO Contact: j� Rei Phone : 1(910)433-3300 Phone F -1- F http:/Ibims.enr.state.no.us:700I/createFreeboardLevels.do 2/11/2010 Agencies Page 1 of 1 Incident Incident Details]. Details2 Freeboard Levels Events Related Incidents Action History Incident Type: Non -Compliance Reporting Incident Number: 201000821 Date/Time : 02/10/2010 04:22 pm Farm #: 820340 County: Sampson City : Freeboard Levels Waste Structure Waste Structure Freeboard Plan Due Plan Date/Tine Delete Type Identifier (inches) Date/Time Received Freeboard Date/Time Level OK El Lagoon E 8246 L19. 0 Finish ,,Cancel_ http://bims.enr.state.nc.us:7001 /maintainIncident2.do 2/11 /2010 Revels, Ricky. From: Greg Carr [GregCarr@murphybrownllc.com] Sent: Wednesday, February 10, 2010 4:22 PM To: Revels, Ricky Cc: David Nordin; Kevin Weston; Kraig Westerbeek Subject: Lagoon Freeboard Mr. Revels, I am sending this email to serve as notification to you and the division that farm 31111, Facility # 82-340, is currently out of compliance at 19 inches. A 30 day POA will be submitted to the division. If you have any questions please feel free to email me or call meat 910- 990-6829. Greg Carr Murphy -Brown LLC C,L) RUM North Carolina Department of Environment and Natural Resources Divis'ion*of Water Quality Beverly Eaves Perdue Coleen W. Sullins Governor Director AQUIFER PROTECTION SECTION November 18, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown, LLC Farm 3111 PO Box 856 Warsaw, NC 28398-0856 Subject; NOTICE OF DEFICIENCY NOV * teed fy Farm 3111, Facility #82-340 AWS820340 p2>1Vm+Pj40n-aDIJ_ pC4Q0'$ Sampson County NOD-2010-PC-1 I xxI Incident no.201000821 To Whom It May Concern: Dee Freeman Secretary On February 10, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified by Greg Carr of a high freeboard level in the lagoon. We wish to thank Mr. Carr 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 2T 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. AWG100000 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. AWGI00000, AOIJIFER PROTECTION SECTION 225 Green St., Sle. 714 Fayetteville, North Carolina 28301 One Phone: 910-133-33001 FAX : 910486-07071 Customer Service: 1-877.623.6748 Not-tl1 Ca10]111ii Internet: wvm.h20.enr.state.nc,us An Equal Opportunily 1 Alfirmalive Action Employer ;Vatur " ll Cont. Page Two November 18, 2010 Farm 31 1 1 On February 10, 2010 a lagoon/storage pond level was documented at 19 inches. A level of 19.5 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 Metter. Please include in your response all corrective actions already 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, Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Larick - CAFO Unit Sampson County Soil and Water Conservation District NCDS WC -FRO FRO Compliance Animal Files Murphy -Brown, LLC m N co 7Receipt age � _ —0 Fee Postmark t3 ReFea Herea (Endorrod)RestriFee(Endorred) ra Total postego d Fean to ru Sent To , 5treer,I4pr, ko., C3 -- --- -- --- --------------- Q r— city State, ZJP+ - L U C- 2 ■ Complete items 1, 2, and 3. Also complete A. Sigrs Lure 4 Item 4 if Restricted Delivery is desired. f ■ Print your name and address on the reverse X so that we can return the card to you. g. R Iv by ( riot_ Nam ■ Attach this card to the back of the mailpiece, or on the front if space permits. ) J(i '� • 1. Article Addressed to: MURPHY-BROWN, LLC 110 BOX 856 WARSAW, NC 28398-0856 ❑ Agent `9- D. Is del+veryadd ss cI teront from I 5 5Y If YES, enter delivery address below; 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Recelpt for !Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (F_xtra Fee) ❑ yes 2, .._. 7001 2510 0000 6682 8D31 PS Form 3811, February 2004 Domestic Return Receipt 102595 02•M-15ao Murphy Brown MBE LNM December 20, 2010 ATTN: Robert Marble NCDENR Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville, NC 28301 785 Hwy. 24150 Warsaw, NC 2838E Subject: Notice of Deficiency Farm 31111, Facility #82-340 AWS820340 Sampson County NOD-2010-PC-11xx 1 Incident No. 201000821 Wv-a0ll-pe- CIC qq Dear Mr. Marble, RECEIVED DEC 2 2 2010 OENR-FAYETTEVILLE REGIONAL OFFICE This letter is being sent in response to a Notice of Deficiency letter issued by your office on the above mentioned facility owned by Murphy Brown, LLC. This facility was impacted by chronic rainfall which saturated application fields. These conditions did not allow us to land apply in accordance with permit conditions for a period of time. Instead of land applying in a manner that would have possibly caused there to be ponding or runoff, we stored the excess rainfall in our lagoon system. As soon as the weather and field conditions allowed, land irrigation resumed. The facility was brought back in compliance per the 30 day plan of action. If you have any questions regarding this matter, please do not hesitate to call me at (910) 990-6829 or email me at gregcarr@murphybrownllc.com. Sincerel , Greg Carr Environmental Resource Specialist Murphy Brown East T 2 V 31/0 Murphy -Brown, LLC 4/9/2009 P.O. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Grower(s): Farm Name: Murphy Brown, LLC BOC #11 County: Sampson Farm Capacity: Farrow to Wean Farrow to Feeder 2000 Farrow to Finish Wean to Feeder Wean to Finish Feeder to Finish Storage Structure: Storage Period: Application Method: Anaerobic Lagoon >180 days Irrigation A0481EP teinn Se cdo� �u� APR 16 2009 The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 8 I XJR 2 0 00-FAYETTEIIIt1.EPSDW11.OMM This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission.. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft5, tons, etc.): Capaclty Type Waste Produced per Animal Total Farrow to Wean 3212 gallyr gallyr 2000 Farrow to Feeder 4015 gallyr 8,030,000 gallyr Farrow to Finish 10585 gallyr gallyr Wean to Feeder 223 gallyr gallyr Wean to Finish 838 gallyr gallyr Feeder to Finish 986 gallyr gallyr Total 8,030,000 gallyr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): Capacity Type Nitrogen Produced per Animal Total Farrow to Wean 5.4 Ibslyr lbslyr 2000 Farrow to Feeder 6.5 Ibslyr 13,000 Ibslyr Farrow to Finish 26 Ibslyr Ibslyr Wean to Feeder 0.48 Ibslyr Ibslyr Wean to Finish 1.96 Ibslyr Ibslyr Feeder to Finish 2.3 Ibslyr I Ibslyr Total 13,000 lbslyr Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. LAND UTILIZATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 58.57 Total N Required 1st Year: 13488.965 Total N Required 2nd Year: 13438.608 Average Annual Nitrogen Requirement of Crops: 13,463.79 Total Nitrogen Produced by Farm: 13,000.00 Nitrogen Balance for Crops: (463.79) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil character'sstics, and uptake rate for each crop in the specified crop rotation schedule for this facility. ►.. This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers In some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Corn - Grain E Corn - Silage F Colton G Fescue - Grazed H Fescue - Hay I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean P Pine Trees Lbs N utilized / unit yield 1.6 Ibs N 1 bushel 50 Ibs N 1 ton 50 Ibs N / ton 1.25 Ibs N / bushel 12 Ibs N / ton 0.12 Ibs N / Ibs lint 50 Ibs N 1 ton 50 Ibs N / ton 1.3 Ibs N / bushel 2.4 Ibs N / bushel 50 Ibs N 1 acre 50 Ibs N 1 acre 2.5 Ibs N / cwt 2.4 Ibs N / bushel 4.0 Ibs N 1 bushel 40 lbs N 1 acre / yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. 4 of 8 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PANT r/animal Farm Total/ r Farrow to Wean 0,84 2000 Farrow to Feeder 1 2000 Farrow to Finish 4.1 Wean to Feeder 0.072 Wean to Finish 0.306 Feeder to Finish 0.36 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 2000 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 10000 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 33 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need B0 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. *This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. 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 the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 5of8 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant Type Crop inlhr inches T9072 1 GoA D 0.4 1 T9072 2 GoA D 0.4 1 T9072 3 GoA D 0.4 1 T9072 4 GoA D 0.4 1 T9072 5 GoA D 0.4 1 T9072 6 GoA 0 0.4 1 T9072 7 GoA 0 0.4 1 T9072 8 GoA 0 0.4 1 T9072 9A GoA 0 0.4 1 9B WaB 0 0.6 1 6 of 8 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: BOC #11 Owner: Murphy Brown, LLC Manager: 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 nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. I/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This 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 NCDWQ upon request. Name of Facility Owner: Murphy - Brown, LLC Signature: Name of Manager (if different from owner): Signature: Name of Technical Specialist: M. Kevin Weston Affiliation: Murphy -Brown, LLC. Address: 2822 Hwv 24 West. PO Drawer B56 Signature: Warsaw, NC 28398 Telephone; 910 293-3434 Date Date 5/7/2002 Date 8of8 Additional Comments: This plan is revised to show wetted acres by hydrant rather than by field. Also, this plan shows a cropping system change to a two year crop rotation of corn, wheat and soybeans. 7of8 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recieving crop type, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips), 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). 7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. S Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 1 of 3 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 9 Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shall be applied in a manner not to reach other property and public right-of-ways. 15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 2of3 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 3 of 3 02/1A/201.0 THU 10:02 FAX 9102933138 WRL1011 Z001/005 Al 2,0/ 6) 0 3 .mu r 111. '. 3 Bh Murphy Brown Li,c PO Box 956 2822'Hwy 24 West. Wax,saw, NCI' 28399 Phoile (910) 293-3,134 Fax (910) 293-3 138 .Fax TvainsmitW SheeT ......... ..... . a cc. 01-31-gCol O'Vor Rovicxv D PIrnsc collit-Ilult plon(, Reply Illmlse Recyclo 02/11/2010 THU 10:02 FAX 9102933138 WRLMI ti ,LtilS lib. �0/0008z1 2 002/005 PLAN OF ACTION(Pon) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: r82-340 _ Facility Name: 3111 Certified Operator Name: County: Sam sp on Tommy rr ne _w. Op(rator Number: 18388 1. Current liquid levei(s) in Inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current licluirl level In the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon NarneAD: 3111 Spillway(Y or N); N I_evel(inches): .____ 19 2. Chock ail a.pplicabie iterns _ Liquid level is within the dc:;igncd strLICAUMl frC(A)I Errd elc :anon ; of MO OF n':cat•e struc;r.urcas. five; and 30 dny Flans of Action are attachad, tlyc:lrrrr.dic anal tac�ronarnic 3.�alances tarca wttiin acceptable ranges. x T f..ktUid lc:v(t1 1�1 Wiihlri the 25 yo'ar � �. hour ion-ri (.flova 6on'; kv one or' miorCe `iiruckjro. ,, A 30 cl,;iy f?kan calAction 1,3 atttiahod, Aqi onornk, h alan ce is vdithin tacc ptnhlo rranclt . Waste is to be pumped and hauled to oil' Site location's. \/caicirru, r:}nd PAN c;ontoni of waste to be 1)unaped a17CI trained i::: reflected in soction III trablos. Incltidod vtilhin this p7 an is .a list of the proposed sites with related facility rnriyrhers, nt. rnb er of ac:rr,s and r000iving crop information, Contact and securf; approval from tho DWO trier to 'transfer of avast„ to a site not coveread in tho facility's CA VINIP. wiP bo partially or fully dopopui alcd. '.Aftach a complete schodulr with corresponding anirn al units and dates fro de:laaprriatinn 'if anirraals area to be moved to another permittoci facility, provide i�aciiit; n,frr l?er, lagoon freeboard levels and herd pot ukution for the receiving fndlity 3. f=arlie:,t possible date to begin land application of waste:: W12/201tt hereby certify that I have reviewed the information listed ,above and included within the attached Flan of Action, and to the best of my knowledge and ability, the inforrnavon is accurate and correct, Murphy, -Brown, ILLC phone: 9�10_1293-3434 F cllity Owner/Manager (print) (�-rp�{ ap A' ...........� MCM-E '� ��t �`p'n ,tFrf ....�...—. _____._ Date: 2111_/201 U—__._.�..._...._ Facility wnerlManager (signature) 02/11./201.0 THU 10:03 FAX 9102933138 WRLNML Zoo.%/005 , II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANC?/OR 25 YR,I24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1, Structure ID: 3111 line m = 1005.5 lb PAN 2. Structure: ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line rri I'AN , Ftructuro 0: line in - lip PAN 6. Structure ID: line rrl = lb PAN E3.lines 1+2+3•+•4+5+6r- 1Q05.5lbPAN €II. "TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURINGTHIS 30 DAY PF:RIOf1 o- trac:t r p field J' c cr.op r. Fl(:I RS- s. remainitui IRR I PF1N i7Fllanr.�, t. TOTAL PANT BAL-ANCE: FOr� 3.i, pplic�tlipn tnnncin;r {Iblacrej FIELD (Iles.) Column rx.s i:�072 6 WhcrIt 6'.1 120.15 7�}€3.t e t-A r T9072 7 ........._.....�.-----._________ Wheat 5A16 '105,72 ---- ................___ 577.7 _._J? -__fir_..._.__.__.._..-- 1 f3071 3 W17c.at 5� 07 194,21 52.3.3 Sept.•Fa�xr �.................. -.......,..........__.._.._-_.._..._ 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) .- 1003.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be laud applied (line n from section it)µ 1005.5 lb. PAN I'oA (30 tray) 2/21/00 02/11/2010 THU 10:04 FAX 9102933138 WRLNHI Q 004/005 x. Crop's remaining PAID! balance (line v from section ill) fir. Overall PAN balance (w - x) w 1903.5 lb. PLAN .898 lb. PAN Line y must show as a deficit. If fine y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal wasto is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Irrigation onto existing spray fields will continue as weather and field conditions permit Additional land is available for pumping if needed. PoA (30 Day) 2121100 ,02/11/2010 THU 10:04 FAX 9102933138 WRIN111 J 005/,005 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL. FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL. PAN TO ICE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/ldentlf'ser (ID): 2. Currant liquid votume in 25 yr./24 hr, storm storago & structural freeboard current liquid level according to marker �T 19,Qinchos b. designed 25 ye.124 hr. storm &structural freeboard —w 19,9]inchc.s c. line b •• ling: a (inches in red zone) ; 0.9 inches d, tap of dike surface area according to design _ (�aroa at below structw-al freeboard elevaWn) 12—e ft2 e. lino c/12 x fine d x 7,48 gallons/ft'; 93188 gaMns 3. €-''rojoctod volume of waste: liquid produced during draw down poriod f. tompor7ry storacle period ac.m dirx; to r;tructural desion 1ti{i�days q, vnlursne of waste produced ncr:ordinq to r,,tnjctural deoign 2;}/6��f 3 f;; �._ __. �_. _...I h. r,,t.Irroni. -411 actl)@3 wW3t(: pra(lueiNd =- 01111a rlt.1_101 8 x IiE;o ri 254943 its c arlifiod herd V }..........- i. volume of wash 4vator 7ccord;rnq k) Str-tm;tural � esion Ultt'" J. excess; rainfall aver evapor,) ion acmrdinq to dc'.>igi7 k. (line;a h + i + j) x 7.48 x 30 days/tines f-: 4;36)003 c)"allorm 4. `total PAN to he laid applied during draw down period I. rurrcnt wastr analysis dated �111�512Q IU -- 1, 0�I1)811000 Dal. m. ((lines a + k)YI000) x line I 1005..ri lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE, (Click on the; next Structure tab shown below) Pohl (30 Day) 2/21/00 Murphy -Brown, LLC 3111 PO Box 856 Warsaw NC 28398 Dear Murphy -Brown, LLC: 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 October 1, 2004 OCT 15 Zao4 DENR - FAYETIEUILLE REGIONAL OFRCE Subject: Certificate of Coverage No. AWS820340 3111 Swine Waste Collection, Treatment, Storage and Application System Sampson County On dune 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General Permit for swine facilities. The General Permit was issued in accordance with the directive of Senate Bill 733 (Session Law 2003-28). In accordance with your application received on February 13, 2003 and in accordance With the directive of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Murphy -Brown, LLC, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. The issuance of this COC supercedes and terminates your previous COC Number AWS820340 which expires October 1, 2004. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the 3111, located in Sampson County, with an animal capacity of no greater than an annual average of 2411 Farrow to Wean swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Since this is a revised State General Permit, it contains new requirements in addition to most of the conditions contained in the previous State General Permit. Enclosed for. your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. Aquifer Protection Section — Animal Feeding Operations Unit 1636 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-32211 FAX: 919-715-058811ntemet: h2o.en r. state. nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NonrthCarolina 'Naturally If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will:need.to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning this COC or the General Permit, please contact Duane Leith at (919) 715-6186. Sincerely,. 1/ ell - for Alan W. Klimek, P.E. Enclosures (General Permit AWG100000) cc: (Certificate of Coverage only for all cc's) Fayetteville Regional Office, Aquifer Protection Section Sampson County Health Department Sampson County Soil and Water Conservation District Permit File AWS820340 APS Central Files July 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown, LLC PO Box 856 Warsaw, NC 28348 Re: Notice of Deficiency High Freeboard 3111 AWS820340 Sampson County To Whom It May Concern: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Deparlmem of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality On 1/23/2007, 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 AWG200000 Section Ill 1 3(c), that the freeboard levels of the lagoon were 18 & 17 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.ncwaterguali!y.org Location: 2728 Capital Boulevard An Equal OpporiunitylAHinnative Action Employer— 50% Recycled110% Post Consumer Paper NnAStttCarolina Jtaturu!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1; (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6749 July 11, 2007 Page 2 Murphy -Brown 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 (910) 433-3333. State email addresses typically are in the format firstname.lastname@ncmail.net. POAs can be found under "Reporting Forms" on the left side of the page, at our website http://h2o.enr.state.nc.uslaps/afou/afou_home.htm Sincerely, Art Barnhardt Regional Supervisor cc: Facility File — 82-340 APS Central Files Murphy -Brown, LLC Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 22, 2005 Mr. David Nordin Murphy -Brown, LLC PO Box 856 Warsaw, NC 28398 RE: Acknowledgment of Receipt of Payment Case No. DV 2005-0017 Farm # 82-340 Sampson County Dear Mr. Nordin: Alan W. Klimek, P.E. Director Division of Water Quality NOV 2 3 2005 This letter is to acknowledge receipt of your check No. 00313126 in the amount of $1205.60 on November 21, 2005. This payment satisfies in full the civil assessment in the amount of S1,205.60 levied against Murphy -Brown, LLC and the case has been closed. If you have any questions, please call me at (919) 715-6697. Sincerely, V.Paul Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: CAPS-FayettevilleRegional- ffice-7 File # DV 2005-0017 APS Central Files Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: http:: lt2u.enr statc.nc.tss 2728 Capital Boulevard Raleigh, NC 27604 Npa` Caro ina �turallf Phone (919) 733-3221 Customer Service Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An liqual OpportunitylAfiirmative Action Employer -- 50% Recycicd110% Post Consumer Paper w of W A'tF O� pG o �r CERTIFIED MAIL RETURN RECEIPT REQUESTED_ RECEIPT # 7002 2410 0003 0272 8583 Mr. David Nordin Murphy -Brown, LLC PO Box 856 Warsaw, NC 28398 , Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departmcnt of Environment and Natural Resources September 16, 2005 SUBJECT: Assessment of Civil Penalties fof Violation(s) of General Statute(s) 143-215.1 Farm # 82-340 Sampson County File No. DV 2005-0017 Permit No. AWS820340 Dear Mr. Nordin: Alan W. Klimek, P.E. Director DiOsi❑n of Water Quality This letter transmits notice of a civil penalty assessed against Murphy -Brown, LLC in the amount of $1,205.60, which includes $205.60 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. Keith Larick _ DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 11D Caro ina �VIVN��; Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 _. Customer Service Internet: httn:1J2o.enr.slatc.nc.us 2728 Capital Boulevard Ralcigh, NC 27604 Fax (919) 715-0588 1-877.623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper David Nordin Page 2 September 16, 2005 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly'abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessmdnt document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of a David Nordin Page 3 September 16, 2005 Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please mail or hand deliver a copy to: Keith Larick DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Larick at (919) 715-6185. Sincerely, Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Art Barnhardt, Fayetteville Regional Office w/ attachments File DV 2005-0017 w/ attachments Aquifer Protection Central Files w/ attachments Susan Massengale w/ attachments JUSTIFICATION FOR REMISSION RE VEST ~" SEP 20 20 }. DWQ Case Number: DV 2005-0017 County: Sampson Assessed Party: Murphy -Brown, LLC Permit No. (if applicable): AWS820340 Amount Assessed: $1,205.60 Please use this form when requesting remission of this civil penalty. You must also complete the "REguest For Remission, Waiver of Right to an Administrative Hear_i_ng, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following .five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). y (a) one „or more of the civil Tpenalt penalty assessment factors in_N.C.G.S. 143B-282.1(b) were wrongfullyappliedto the detriment of the Petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting_ from the violation (i.e,, explain the steps that you took to correct the violation and prevent future occurrences); (c) - the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment_of the civil penalty will prevent _payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): STATE OF NORTH CAROLINA COUNTY OF Sampson IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Murphy -Brown, LLC ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 2005-0017 Having been assessed civil penalties totaling $1,205.60 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated September 16, 2005 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of .20 SIGNATURE ADDRESS TELEPHONE Murphy -Brown LLC Mr. Rawls, JUL. 10 2003 PO Drawer 8 G t i 2822 Hwy. 2 West t Warsaw, NC 839$`--- Tel: 910-293-3434 Fax:910-293-3138 The following farms within the Murphy -Brown, LLC system had plan amendments made to extend pumping windows and add additional PAN where needed. The plan amendments are attached for each farm. Farm Name Facility Number Sampson Sow Farm 82-478 Farm 2096 82-715 Farm 3111-- AWS820340 Farm 3510 AWS820442 If there are any questions please let me know. 0 Regards, Todd Rowe, CCA Agronomist Murphy -Brown, LLC CAWMP AMENDMENT Farm 3111 6/23/03 This amendment is intended to provide additional Nitrogen to the corn crop. Tissue analysis was conducted on the corn crop on June 16, 2003. The results of this analysis indicated the plants to be low in Nitrogen. Upon evaluation of the tissue sample results and the crop that is planted, it is found that additional Nitrogen is required for the corn crop. The additional Nitrogen is mainly due to the wet weather conditions that have been seen so far this growing season. Several processes have caused Nitrogen to be lost from the soil and restricted uptake by the plant. This additional Nitrogen is for supplementation of the required PAN in the waste management plan. Hydrant Supplemental Nitrogen per acre {pounds) 6 51.6 7 51.6 8 51.6 9A 51.6 9B 27.6 8 .� 4T , a3 Brown's of Carolina, Owner Date a-./,7&n - � / 03 Manager Date Technical Specialist Date WA r�9 Michael F. Easley, Governor 0� QG William G. Ross Jr., Secretary O� North Carolina Department of Environment and Natural Resources 4 Alan W. Klimek, P.G. Director p Division of Water Quality October 15, 2004 RECEIVED Murphy -Brown, LLC OCT 2 5 10U4 Farm 3111 PO Box 856 OENR-FAYEMILLEREGIONAL OFACE Warsaw NC 28398 Subject: Certificate of Coverage No. AWS820340 Farm 3111 Swine Waste Collection, Treatment, Storage and Application System Sampson County Dear Murphy -Brown, LLC: In accordance with your modification request received on October 5, 2004, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Murphy -Brown, LLC, authorizing the operation of the subject animal waste collection, .treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Farm 3111, located in Sampson County, with an animal capacity of no greater than an annual average of 2000 Farrow to Feeder swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009, and shall hereby void Certificate of Coverage Number AWS820340 dated October 1, 2004, and shall be subject to the conditions and limitations as specified therein. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Since this is a revised State General Permit, it contains new requirements in addition to most of the conditions contained in the previous State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. No ` Carolina Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Y "`turA��l� Internet: http://h2o,enr.state,nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623.6748 Fax (919) 715-6048 An Equal OpporlunitylAfftmeWe Acilon Employer- 50% Recycled110% Post Consumer Paper The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (focal, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per MRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish .to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 486-1541. If you need additional information concerning this COC or the General Permit, please contact J R Joshi at (919) 715-6698. Sincerely, for Alan W. Klimek, P.E. Enclosures (General Permit AWG100000) cc: (Certificate of Coverage only for all cc's) Fayetteville Regional Office, Aquifer Protection Section Sampson County Health Department Sampson County Soil and Water Conservation District Permit File AWS820340 APS Central Files ♦ uu VV ��idL 1 L L1 114 WAV"It 0 rnn Liu, C� saw to Vapuftevue ornft EMERGENCY PLAN OF ACTION Date: February 2, 2000 Producer: Brown's of.Carolina, Inc. Farm: BOC_119 26, The following steps will be used in our plan of action to lower and maintain the lagoon level at the above mentioned farms to a level that provides the structural stability and retain the 25 year, 24 hour rainfall event. Step 1: Monitor daily existing spray fields for a time to begin pumping. Step I Monhor daily &es6ater use to na'n6u'ze any waste &t will contn1bute to lagoon levels. Step 3. Monitor pits for additional storage time in the barns. Step 4: Evaluate lagoon marker and top of dike elevations with technical specialist to ensnare accurate level determination. Step 5: Read lagoon levels daily by accurate measuring device. Step 6: If the previous steps do not provide satisfactory results, then hauling to another site. c ir{ H247111t BR^1111N' PSPO Boa lt 487 Waniaw, NC 29396-W7 vane: (OM 2WISW Fax (010) 2WA168 Fax To: From .ram 6�1,6 — .vT X -,a?a7 POSSM Phi orates Res CCI 13 Urgent ❑ For Review ❑ Please Comment O Please Reply e Commentsl e unvvv�v �7 OF CAROLINA L) Please Recycle 0 Page 1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REOUESTED Brown's of Carolina, Inc. Farm #11 PO Box 497 Warsaw NC 28398 Dear Brown's of Carolina, Inc.: I T / 0W'J • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRcEs December 6, 1999 DEC 1 0 1999 FAYC-TTC-V!_L RFEC Subject: Conditional Approval Animal Waste Management System Facility Number 82-340 Sampson County Our records indicate that your facility was conditionally certified in order to fulfill the requirements of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you of your unresolved conditional approval status. Any facility receiving a conditional approval must notify Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to an enforcement action. As of December 6, 1999, we have no record of any information from you, advising us of the status of your conditional approval. Therefore, please fill out the attached form and have your technical specialist and landowner sign the form in the appropriate areas. The completed form must be submitted to this office on or before 45 days of receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to provide DWQ with proper notification of your conditional certification status or possible failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5093 extension 571. Sincerely, Sonya L. Avant Environmental Engineer cc: Fayetteville Regional Office Sampson County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycied/10% post -consumer paper State, of North Carolina Department of Environment, Health and Natural Resources r Division of Water Quality Non -Discharge Permit Application Form / Survey (THIS FORAM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - Liquid Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for co �gess nt �a e any correaWns , which are appropriate. If a question has not -°y ilea tr< tie Division, p asO. rn complete as best as possible. Do not le any question unanswered, ram,,., =, Application Date: 7-1- 97 �997 pp C PAYETTE -V i E_LE 3 q I , REQUIRED ITEMS CHECKLIST REG. 0Fi_-iCr1E: ' Please indicate that you have included the following required items by signing your initials in the space provided next =aeVr CA item. ` =+ 1. One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 2. Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is disposed; 3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAIAIMP, one must be completed prior to submittal of a general permit application for animal waste operations. II. GENERAL INFORMATION: 1. Farms name: _Farm # 11_ 2. Print Land Owner's name: _Brown�a_ofCarolina_ 3. Land Owner's Mailing address: PO Box 4$7 City: Warsaw NC Zip: 28398 Telephone Number: , - 0 9/0 7,96 /foo _ 4. County where farm is located: 5gmpson 5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): SR 1901 approx. 4_Miles S. of Faison 6. Print Farm Manager's name (if different from Land Owner): 7, o e (if applicable; please circle which type is listed): Br wn's of CUolinaG . b w ✓&i 82 - 340 FORM: A WO-G-E 2/26/97 Page I of 3 III. OPERATION INFORMATION: J 1. Farm No.: -U-M 2. Operation Description: _$wine operation Farrow to Feeder 2000 - Certified Design Capacity Is the above information correct? yes; 0 no. If no, correct below using the design capacity of the facility Type f Swine No of Animals Tvoe of eQultry No. of Animals Type of Cattle No. of Animals 0 Wean to Feeder 0 Layer 0 Dairy 0 Feeder to Finish 0 Non -Layer 0 Beef 0 Farrow to Wean (# sow) 0 Turkey 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) Other Type of Livestock on the farm: No. of AnimalsL 3. Acreage cleared and available for application: 80.00 ; Required Acreage (as listed in the CAWMP): 4. Number of Lagoons: r< ; Total Capacity: �571�3 8 Cubic Feet (ft3) Number of Storage Ponds: ;Total Capacity: Cubic Feet 3) 5. Is animal waste being applied on any field which has subsurface drains? � or N (please circle one) 6. Are subsurface drains present in the vicinity of or under the lagoon? YES or (please circle one) IV. APPLICANT'S CERTIFICATION: V0466a �P - bF f �YT�s�_ (Land Owner's name listed in question II.2), attest that this application for —&ONNS �,G a�Rui✓if,,�i✓�. �� // _ (Farm name listed in question II.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be Kru'rRed to me as incomplete.. Signature V , MANAGER I, Date ERTIFICATION: (complete only if different from the Land Owner) (Managers name listed in question II.6), attest that this application for (Farm name listed in question it.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION PERMITS AND ENGINEERING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FORM: AWO-G-E�2/26/97 Page 2 of 3 State of North Carolina Department of Environment, Health and Natural Resources Division of 'Water Quality Non -Discharge Permit Application Form / Survey (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) R EC 'u, Ir General Permit - Liquid Animal Waste Operations !� DIVISION OF WATER QUALITY REGIONAL OFFICES (2/97) J Li l_ ?_ 9 1991 Asheville Regional WQ Supervisor 59 Woodfin Place Asheville, NC 28801 (704) 251-6208 Fax (704) 251-6452 Avery Macon Buncombe Madison Burke . McDowell Caldwell Mitchell Cherokee Polk Clay Rutherford Graham Swain Haywood Transylvania Henderson Yancey Jackson Fayetteville Regional WQ Supervisor Wachovia Building, Suite 714 Fayetteville, NC 28301 (910)486-1541 Fax_(910) 486-0707 Washington Regional WQ Supervisor 943 Washington Square Mall Washington, NC 27889 (919)946-6481 Fax (919) 975-3716 Beaufort Jones Bertie Lenoir Camden Martin Chowan Pamlico Craven Pasquotank Currituck Perquimans Dace Pitt Gazes Tyrell Greene Washington Hertford Wayne Hyde Mooresville Regional WQ Supervisor 919 North Main Street Mooresville, NC 28115 (704) 663-1699 Fax (704) 663-6040 FAYETTE-111" LLB REG. OFF=icw Raleigh Regional WQ Supervisor 3800 Barrett Dr. Raleigh, NC 27609 (919) 571-4700 Fax (919) 571-4718 Chatham Nash Durham Northampton Fdgecombe Orange Franklin Person Granville Vance Halifax Wake Johnston Warren Lee Wilson Wilmington Regional WQ Supervisor 127 Cardinal Drive Extension Wilmington, NC 28405-3945 (910) 395-3900 Fax (910) 350-2004 Anson Moore Alexander Lincoln Brunswick New Hanover Bkden Richmond Cabatrus Mecklenburg Carteret Onslow Cumberland Robeson Catawba Rowan Columbus Pender Harnett Sampson Cleveland ' Stanly Duplin Hoke Scotland Gaston Union Montgomery Iredeil Winston-Salem Regional WQ Supervisor 585 Waughtown Street Winston-Salem, NC 27107 (910) 7714600 Fax (910) 771-4632 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford FORM: AWO-G-E 2/97 Page 3 of 3 E 1E.1;M REuE 0i All- 2 9 1997 FARM # 11 2000 FARROW TO FEEDER FAYF-79 TE-ViLUE r n . REG. OFF:,,ci= SAMPSON COMM 303 LAST COLLHI.I', STREET * P.O. BOX 4S7 0 WARSAW. N C 114S-, - OFFICT. 19191293-2181 0 FAX: MI)i 29?47:6 ' AINWAL WASTE MANAGF.h,ENT PLAN CERTMCATTON I tjR EXISMG FEEDLOTS Please return the completed form to the Division of Environmental Management at the address on the reverse side of this form. Name of farm (Please print) : Brown's of Carolina, Inc. Farm # // IN iula Address: P.O. Box 487 Warsaw, NC 28398 Phone No.: (910) 293-3600 -�. - County (of arm): o5ArnO..scA) a_-m locaaon: Latitude and Longitude: 05 00" it ' 30" (required). Also, please attach a copy of a county road map with location idenER. Type of operation (swine, layer, dairy, etc.) Design capacity (number of animals) rA,1 29 uJ r� G7� Average size of operation (12 month population avg.): 2e0c 6F9)e2w' -M FAD Average acre: ge needed for land application of waste (acres) .7 Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, • I certify that the existing animal waste management system for the farm named above has an animal waste management plan that meets the operation and maintenance, standards and specifications of the Division of Environmental Management and the USDA - Soil Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001 - .0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); adequate quantity and amount of land for waste utilization (or use of third party); access or ownership of proper waste application equipment; schedule for timing of applications; application sates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe ;han the 2 - year, 24 - hour storm. When checked, see reverse side of form for conditions/exceptions. Name of Technical Specialist (Please Print):_ airnv R. vinsnn _ Affiliation(Agency): Brown's of Carcl ina, Tnc-_ Address Ag cy): p_n_ Fnx 4T7 ;,jarc;a:,r•, car 7RIaa Phone No.: 4 Signature: Date: _ V _ _===-==I=:..==,==V================================= ===_== 0wnerlManager Agreement 1(we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any c,pansion to the existing design capacity of the waste treatment and storage system or construction of new :_cilities will require a new certification to be submitted to the Division of Environmental Management l-fore the new animals are stocked. I (we) also understand that there must be no discharge of animal waste Z. this system to surface waters of the state either directly through amen -made conveyance or through ::noff from a storm event less severe that the 25-year, 24-hour storm. The approved plan will be filed at the ..-m and at the office of the local Soil and Water Conservation District. Same of Land signature: .Name of i'via p signature: Owner (Please Print): S OF Date: )m owner keizase print): OLEAW Date: Tote. A change in land ownership requires notification or a new certification (if the approved plea is changed) wiLhin 60 days of a tide transfer. DEM USE ONLY: ACE, _ .� ---- _ _ .- __ ._. vy_ r.r ___ __V41L i V vJ"%li i �& A11/statemeats checked apply to this certiti M. v The installed irrigation system has not been evaluated concerning nozzle size, spray patters, spacing, pump siu, pipe size; etc. It is the responsibility of the producer, to operate the system with the proper components and to supply the required maintenance to assure that no runoff occurs.. The producer is encouraged to have an irrigation specialist, possibly the dealer where the system was purchased, prepare an operation and maintenance plan for the irzigation system so that the produce knows how to operate the equipment to meet the non -discharge requirements. The waste management plan for this operation is based upon yields higher than what is now recommended by NRCS; however, these yields are obtainable under high levels of management. This increase in projected yields is necessary since the NRCS plan prepared for this operation at the time of construction was based upon these higher yields and the producer followed NRCS guidelines whey building this operation. Because of limited acres for land application, and because the original NRCS waste utilisation plan did not require additional acres for buffers and irrigation inefficieacy, it may be necessary for the producer to operate half sprinklers, on solid set systems, along field edges and ditches. Also for traveling irrigation systems, a pull directly 4acent to the ditch with only a 180 degree pumping radius may be needed to irrigate the entire field. Extreme caution should be exercised when applying waste close to ditches and wetlands to avoid any discharge. eJ „� I�QIEJPri�rtT�N �1�iC��3 d:�i-i�B� ,8V �i�`�ill p6ei �SyS��hs _ - CER=CATION FOR EXISTING FEEDLOTS INSTRUCTIONS FOR CERTIFICATION OF APPROVED ANIMAL WASTE MANAGEMENT PLANS FOR EXISTING ANIMAL WASTE MANAGEMENT SYSTEMS SERVING FEEDLOTS REQUMMENTS/PURPOSE In order to be deemed permitted by the Division of Enviro=ental Management (DEM), the owner of any existing animal waste management system constructed and operational before January 1, 1994 which is designed to serve greater than or equal to the animal populations listed below is required to submit a signed certification form to DEM before January 1, 1998. Pasture operations are exempt frog. the requirement to be certified. 100 head of cattle 75 horses 2SO swine 1,000 sheep 30,000 birds with a liquid waste system The certification must be signed by the owner of the feedlot (and manager if differeat from tit owner) and by any technical specialist designated by the Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0001-.0005. The technical specialist must verity that all applicable operation and maintenance standards and specifications can be met. Existing systems are not required to meet design and construction standards and specifications. Although the actual number of animals on the facility may vary from time to time, the design capacity of the waste handling system should be used to determine if a farm is subject to the certification requirement. For example, if the waste system for a feedlot is designed to handle 300 hogs but the average population will be 200 hogs, then the waste management system requires a certification. This certification is required by regulations governing animal waste management systems adopted by the Environmental Management Commission (EMC) on December 10, 1992 (Title 15A NCAC 2H .0217). CERTIFICATION FORM On the reverse side of dais page is the certifzcatioa form which must be submitted to DEM before January 1, 1998. Assistance in completing the form can be obtained from one of the local agricultural agencies such as the Soil and Water Conservation District, the USDA -Soil Conservation Service, or the N.C.. Cooperative Extension Service. The Completed form should beseat to: Department of Environment, Health and Natural Resources Division of EnvironrnernW Managgement Water Quality Section, Planning Branch P.O. Box 29535 Raleigh, NC 27626-0535 REGISTRATION FORM FOR APSAL FEEDLOT OPERATIONS Department of Environment, Health and Natural Resources r Division of Environmental Management Wastt Quality Section If the animal waste management system for your feedlot operation is designed to serve more than or equal to 100 head of cattle, 75 horses, 250 swine, 11000 sheep, or 30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by December 31, 1993 pur-suanL to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly, Farm Name: r t: + v r. (- ij C-' Mailing Address:_ County, - i?l1fp �`.e.16' Phone Na Owner(s) Name: Ir't.:OOr Sr• Lrr3t_'_CL./�rG,-/� Manager (s) fume: Lessee Name: Farm Location (Be as specific as possible: road names, direction mileposts etc.)! A 11 L?& 1 �1 r��ilOtC �r►�i%.-1 5 Latitude/Longitude if known: Design capacity of animal Waste management system (Number and type of confined animal (s) ) _�__��.__ og•_.._510 yj .5 ��i,2cC� -/e, rr(4e,. 4-0' Average animal population on the farm (Qumbe and type of animal (s) raised) .L�� i�r"c',r �' Cc. Pcec<+ G Year Production Beyan: /� ASCS Tract No. :� 2ZZ-- Type of Waste Management System Used:, of a ZAOL 4/ )64r4 101C/ Acres Available for alApplication of Waste: Owner (s) Signature (s} Z. � Vvow ti-A"l-ifa'ifSATE: ' ,? �� DATE: NUTRIENT WANAGEMENT PLAN Grower(s): Farm Name: County: Production Unit: No. of Animal Units: Type of Waste Facility: Temporary Storage Period: Animal Unit Equiv. Live Wt: Lbs/Animal Unit /Year. Lbs of Plant Avail. N: Brown's of Carolina, Inc. Farm 11 Sampson Farrow -Feeder 2000 Anaerobic Lagoon 180 days 522 6.5 13000 This waste utilization plan is based on the following fields, soil types, and crops. If this information should change, please contact the Soil Conservation Service or Brown's of Carolina , Inc. so that a new plan can be written . Tract Field Soil Crop Yield) lbs NI I Acres Res N Cr lbs N Time i T e Code Ac unit field t lbs Nlac Required Apply 9072 1 GoA 0 37 4 42.00 6216.00 Jun-S 9072 1 GoA N 60 2.4 42.00 20.00 5208.00 S-April 7917 3 GoA 0 37 4 1.00 148.00 Jung-S 7917 3 GoA N 60 2.4 1.00 20.00 124.00 S-Apri 7917 4 GoA 0 37 4 3.70 547.60 Jun-S 7917 4 GoA N 60 2.4 3.70 ' 20.00 458.80 S-ApN1 7917 5 GoA 0 37 4 2.80 414.40 Jun-S 7917 5 GoA N 60 2.4 2.80 20.00 347.20 S-April 7917 6 Was 0 18 4 2.80 201.60 Jun-S 7917 6 Was N 40 2.4 2.80 20.00 212.80 S-April Total ' 52.3 13978.40 Available N 13000.00 'Difference-978.40 A. Barley (1.6 lb N/bu) I. Oats (1.3 lbs Nlbu) B. Bermuda Grazed (50 lbs Nlton) J. Rye (2.4 lbs Nlbu) C. ' Bermuda Hay (50 lbs Nlton) K. Sm. Grain Grazed (100 lbs Nlac) D. Corn Grain (1.25 lbs Nlbu) L. Sm. Grain Hay (133 lbs Nlac) E. Com Silage (12 lbs Nlton) M. Grain Sorghum (2.5 lbs N/cwt) F. Cotton (0.12 lbs Nllbs lint) N. Wheat (2.4 lbs Nlbu) G. Fescue Grazed (50 Ibs Nlton) O. Soybean (4.0 Ibs Nlbu) H. Fescue Hay (50 Ibs Nlton) * A negative number reflects the total number of Ibs of additional N needed to achieve yields on acreage shown in chart. A positive number means additional land is required to utilize the N produced by the animals. This nutrient management plan has been specifically developed for this swine operation. The plan is based on the soil types, crops to be grown, and method of applicdation for this particular operation. The waste must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the ammount of commercial fertilizer required for the crops where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing this nutrient management plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmen- ally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste .,shall not be applied to land eroding at greater than five tons per acre per year. Do not ,apply waste on saturated soils or onto land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation of waste will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Annual acreage requirements may be more or less depending upon the waste analysis report for your waste management facility. Additional Comments: r r Prepared by: Concurred / in • Producer Date: - 1�6 Date. 'Y- 7- rG understand that I must own or have access to equipment , primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year I -day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. Date: 3 - 7- r Date: % 7 GOA -Ra . G NoA Go Ln Ra L NoB �� 'NoA 190 u� n .- GoA. _. Ra y . Ln Ra `! GOA ` ' N NOANoA oB i a., o GoA Y Ln z / GOA MC G4 aa NOB a NoA NoB Ln Z NOB aC NoA w w NoA a Ln* 9 A oq Ra GOA o ' V0A ' Nab Nob � � Au. NoA Ra GOA NoB BOB Ra �•� Was —� Ma C Nob r NoA • f WaB GOA WaB f- Ra .. �. NoB '. Ra '� Ra Ra NoA ►Na B s GOA Ra NoB�e •.,r ,.;Ra GoA •�� eC�: WaB 4 ; Go No yVa6 , NoA !!! M aC GOA Ra j Ln �WaB �1�. W a B . 193 NoA _ Mac �aa� Li Ra OrA r= NoA 4 NoA' NoA I WaB N WaB `�' ` BOB oA .. ..!r... . . i BOB . *0 �1 • ''. ' a OrA :� s ! was �_. NoA GOA c. .•" SH Ln NoA Ln NoB e� NoA yn Boa WaB oA NoA WaB / yoB ' MRCS WASTE UTILIZATION PLAN SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, maiunade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited 2. There must be documentation in the design folder that the producer either owns or has a notarized agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of a notarized agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operaiton, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. Actual yields may be List:(] to lieu of realistic yield tables at the discretion of the planner. 4. Animal waste shall be applied on land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at more than 5 tons but less than 10 tons per acrea per year pre viLig grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393-Filter Strips) 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to hooding, it will he sail ineor{)orated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the ware may be broadcast provided the application does not occure during a season prone to flooding. (See "Wlieuther and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occure off -site or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste should be applied on actively growing crops in such a minner that the crop is not covered with waste to depth that would prohibit growth. The potential for salt damage 1r(im animal %t-aste should also be considered. 10. Waste nutrients shall not be applied in fall or winter for spring planted cr017s rm sails with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a mininntm and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more dean 0 dais prior to planting of a crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the tbllotving: The outer perimeter of the land area onto which waste is applied from a lagoon that is a componct of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited can or after October 1. 1995, shall not be applied closer than 25 feet to surface water. This distance may be reduced f0' waters that are not perennial provided adequate vegetative filter strips are present (See Standard 193 - Ciltcr Strips). MRCS WASTE UTILIZATION PLAN SPECIFICATIONS (CONTINUED) 12. Animal waste shall not be applied closer than 100 feet from wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by landowner. 14. Waste shall be applied in a manner not to reach other propery and public right -cif -ways. 15. Animal waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by over - spraying. Animal waste may be applied to prior converted cropland provided it has been approved as a land applications site by a "technical specialist". Animal waste applied on grassed waterways shall be at agronomic rates and in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sink,, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed area. (lagoon embankments, berms, pipe tuns, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are Iinuted to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures shsRuld hC inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19, Waste handling structures, piping, pumps, reels, etc., should be inspected on a reptlar basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetalbles and ndler crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no Rather applications of animal waste during the crop season. 21. Highly visible permanenet markers shall be installed to marl- the rup and bottum elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the masirrtutrr su+ru'e t olun7e for ti%-aste storage ponds. 22. Soil tests shall be made every year, and a liquid waste analysis shall be taken within 60 days of application consistent with waste utilization plan. Poultry litter shall be testQd prier to application. Soil and waste analysis records shall be kept for five years, Dead animals will be disposed of in a matuter that wcct: NC re�ulatiems. EMERGENCY ACTION PLAN PHONE 'hLBERS DWQ /o 24 5 E'.'vMRGENCY MANAGEMENT SYSTEM 911 SWCD fro S9 Z 7963 NRCS qia 5-?Z 7943 •- - This plan will be implemented in the event that wastes from your operation are Iealang, overflowing, or running off site. You should not wait until wastes reach surface waters or leave your property to consider that you have a problem. You should make every effort to ensure that this does not happen. Jhis_ olan_jhQsj1,d be ost� ed in-an-iccelsib7r, location-fora-employrees at the fac-MZi _ The following are some action items you should take. 1. Stop the release of wastes. Depending on the situation, this may or may not be possible. Suggested responses to some possible problems are listed below. A Lagoon overflow —possible solutions are: & Add soil to berm to increase elevation of dam. b. Pump waste to fields at an acceptable rate. c. Stop all flows to the lagoon immediately. d. Call a pumping contractor. e. Make sure no surface water is entering lagoon. B. Runoff from waste application field -actions include: a. Immediately stop waste.application. b. Create a temporary diversion to contain waste. c. Incorporate waste to reduce runoff. d. Evaluate and eliminate the reason(s) that caused the runoff. e. Evaluate the application rates for the fields where runoff occurred. C. Leakage from the waste pipes and sprinklers -action include: a. Stop recycle pump. b. Stop irrigation pump. c. Close valves to eliminate further discharge. d. Repair all leaks prior to restarting pumps. D. Leakage from flush systems, houses, solid separators -action include: a. Stop recycle pump. b. Stop irrigation pump. c. Make sure no siphon occurs. d. Stop all flows in the house, flush systems, or solid separators. e. Repair all leaks prior to restarting pumps. E. Leakage from base or sidewall of lagoon. Often this is seepage as opposed to flowing Ieaks-possible action: a. Dig a small well or ditch to catch all seepage, put in a submersible pump, and pump back to lagoon. b. If holes are caused by burrowing animals, trap or remove animals and fill holes and compact with a clay type soil. c. Have a professional evaluate the condition of the side walls and lagoon bottom as soon as possible. 2. Assess the..extent of the spill and note any obvious damages. a. Did the waste reach any surface waters? b. ApproximateIy how much was released and for what duration? c. Any damage noted, such as employee injury, fish kills, or property damage? d. Did the spill leave the property? e. Does the spill have the potential to reach surface waters? f. Could a future rain event cause the spill to reach surface waters? g. Are potable water wells in danger (either on or off of the property)? h. How much reached surface waters? 3. Contact appropriate agencies. a. During normal business hours, call your DWQ (Division of Water Quality) regional office; Phone .�b��rb[SS/f . After hours, emergency number: 419 733 39V'z Your phone call should include; your name, facility, telephone number, the details of the incident from item 2 above, the exact location of the facility, the location or direction of movement of the spill weather and wind conditions. The corrective measures that have been under taken, and the seriousness of the situation. b. If spill leaves property or enters surface waters, call local EMS Phone number 911, c. Instruct EMS to contact local Health Department. d. Contact CES, phon umber 9/d ,59Z 71(W , local S WCD office phone number 59Za ocal NRCS office for advice/technical assistance phone number qlo 61a 7163 4. If none of the above works, call 911 or the Sherifr s Department and explain your problem to them and ask that person to contact the proper agencies for you. 5. Contact the contractor of your choice to begin repair of problem to minimize off -site damage. a. Contractors Name: b. Contractors Address: c. Contractors Phone: 6. Contact the technical specialist who certified the lagoon (MRCS, Consulting Engineer, etc.) a. Name: rn rx J nl 5 a b. Phone: a 7R4 400 /a o 7. Implement procedures as advised by DWQ and technical assistance agencies to rectify the damage, repair the systems and reassess the waste management plan to keep problems with release of wastes from happening again. i 't-lortality h-1.1ti;tgl'melll A-lethocls (ched. which incillod(s) :u-e bein!t implemented) Burial llirce. feet hencath dw surface of (lie ground within 3-1 Pours after I:nou•lcd,�c of the death.-mc burial must he :it least 300 feet from pity flowing of public Uotly of Nvater. XStrcam t Rendering at a ruldcrimp plant licensed under G.S. 106-163.7 I C) con)picic uiciucralioll i ❑ lu [lie case of dead potiltiy only, placing, ill 7 disposal pit of a size ;ittd•desigtt approved by Ilic Dcliartment of MI-iculture Q Any method which in tale professional opinion of the St.ite Veici arian would nial;c possibic ibe saiva�c of I):11-1 of .1 dead animal's value withottt endan-cring human or ai inial licalill. (Written approval of till: State Veterinarian must CC lttachcd) l 111sect Control Chacltlist fol' illinal Operations • alilll,CC C'tIIISV tlilst's ill cllliil-111 1115;CCIS ills•:elt�CIIIC t'1'lIClICCS __—_--_- 7111A Gillicis ACCn111111illitiil ofSlllidS � � ❑V Flash sysicni is t1csiuut:il mill ollCi-wed slil11Clcally to rcliluvc ilccluliillilled Souris frunt guilers as desll;ned. 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Ci I'rnvcn Iliuingicul udllillves IIfigaliN1111111111.1if • ldll;h 1+ICS5111C IIg1lilllFll; `{ ifflgilEU oil Of (lays whit Mile or no whi d; lulILILS • ��Illd dfll]i ' ���• dy1lII11111t11 rccntlllticlldl'fl nperalllEl; pres511rC; ` I 11tnu11 ifllnl:C near lagoon Ilfhlld surface; f7 1'1111111 from srCond-Linge lilgnnll :iIl1l all' lilll l; Ill IFi15111 • 1'il+1lill IIIfL'f llh dal lILCllllll111Si111F11; CI i iiflll [II11 or Illf llll•YCl IUinllfll;; Sulbcl: MIx1111;MOIL: liiliuc., Cl 'I'llnkCuvcrs; • Aghalinn 1YIIc+1 elliplyllin ❑ 1]Ililll slif—Alcl: Innis Urs(IlidS; CI Proven linlogicul nlli ilivcs or oxidants Sclihill;11asi11 Slul;lt+ 1'altial fllicruhial decompusiliuo; CI INICIIII Ilraillpille oullels 111lflerllCI11I1 lillifill • Mixing while filing; • Irvel; • Agilailon when cufplylog CI U move st dmi solifls rcguhuly i+imm , shiffy urslnll,c Aginuiiall when sprradinL; Cl Suil llljecliufl fir slurry/sludges; ' slues tki- oullels • volatile gas tillIssions Cl Wish -residual Inamire frunn spfcadl r nRer use; Cl Proven binlogicifl uddilives uroxidanls Ihicilycfell ma+lUfC, • Yadnlile wo CIIIIssiull5 iviiide fU Suil hijCCl1011 ors1111ry/sIlidges Amy or sludge un lieid plying El Sail Incorpornlhil tivilhln'19 lirs.; SllfdilC[a Cl S1lreilll ill Min Illlflirnll layers for rilphl drying; CI I'rnvl'u Illnlnl;lcal mfilhives fir flKillilnls I)ead lulnn:ds { MGM declllnposllfUll I'11311C1 displlsilillll 111 Cnrcassel `Deald Imilual 1l.IlIH:lI • {dall::lSS IICCIFIIl11US111UI1 CI {.uff111ow cuvellnl; Ur CIllmmus in NMI IV; 1111s f-1 Power I[If [Iljl111/I n11SIftICEin11 I0f11iTilosill pins 111CiIIClidnli • IllcoluillelC CIIIIII+IIS14111 • U Sucluldilry slack 1nu11t;5 �� Have t% 11, 1994, 11111104 . --• - �W��(1 a Sn�lrcr _�� u,u � — --- - 11E11113i to ktlulnlltc (}dur 511c 5 rrrlflc I'I:,rlitcs Sc111�l1111; Ivilrcr i111u111d • 1CIIp11111cr lllainage; - Grade a1111 hillllm-111C such I11;11 svalcr drains laClhllcs • Miclubbil Ileclil1111nsilioll fir .1mly fi-olll rilclf111Cs ui-cmdc in alter 1 hli1 ult: Ilail;Cd Milo • foully ilia]walllctl access IUalls faint access loll) Illainlellullcll 111u11lic nluds (irrnl fllrlll .. ncccss •. 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I'(1111111:11un Fuml Pulenllnl Odor Sauces awl Itcmedles ; IillAli Fnct :iI1Cl:t NCSIJ - I1A11 ' S,rirlr I'rmllldoil Fnrilily hfnnurl hrallnl;culcuc I'll Iter.11ni-I:C - I.III:UIIII f•IC:IIu1C111 ; I:IIAI: 120-011 NCSU - IIAI: = 51viuC P111LI 1C11u11 I-ildlily Muuull: Mimagemml: UmIcrlluur Plush - Lul:nun Treatment ; FIIAF 129-80 }IC511- 1fAt: LaC111111 I)Csi1;11111111 hlauuq:Clllcnl rnr 1-Ivcsluck Mannrc'Tlcalment and Slurnge -, IalAdi 1111-01 NCSI! - IIAF- Cullhration nFIvIumirC n1HI WuSIC1valer A1111IICallm !_'I1111pment ; I.IIAE fact Slicu•1 NCSU - HAI. - Cur11n111111C 01111rs frond StvillC IIIIIklilll;s ; 1'111-33 NCNO - S,v111C P.Klcuslun 1i110fa ilclltal Assurunce Prol:rinll ; NI'I'C Manual NC folk 11rn1111ccrs AsSl1C i 01,111,11, rnr Mnoul:hll, Odor : 11 rellnlf rrolll the Slyhlc 011ur-1•usk Force NCS11 AL-r1 Cummnnlcnilnns 1•hili-mlrc Cmicous III Aidund Miamirc Mamige:Went: Odor will Plies ; PRO107. 1995 Cuurerence: l'rocccllincx lur111rullvu lixlillstuu I u CIn111C �:':. , AAllft: - Nnv+as111er 11,1'19fi; 1'ul;C � •. • ..' • . � • . . . Facility Number and Name: Brown's 82-340, Farm #11 (on originial list) DV, C-"> t L1CV Instructions on last pale 0 High Freeboards '7 0- 5!15 MRS - F, MET-51 Description of Concern' m k ft7A 0 2112/99 -NOD for freeboard 2/8199 11 /2 9/99 14' 21260 = POA 2/7/00 = 17" 0 422 gwz A 2115/00 = 16" 2125/00 > 19" LNSPECTIONS I 1 /199 Freeboard inadequ2te Freeboard levels < 19, - MR 50 In Out 01116199 - 02120/99 06/26t" - 07/03/99 09/18199 - 09125199 10123199 - 01108/00 Response` Res A? EMI AN TO, A0. Since Hurricanes Dennis and Floyd, Brown's has W 710MOVIr I ME — ROVE N-5-17 �AMMRI�K- e implemented a number of measures designed to n-Linimize the NOW -3rz R HOW future freeboard exceedances and over potential for fut 0- N MW 0W- Wi -MMU 6 g o & - S-i 1 application during prolonged or severe wet weather conditions. These measures include water conservation. A 0� 0. A. OMNI W RI mom M W w which has reduced Brown's total annual water consumption by approximately 40 hiring new employees; %MI R N p percent; enhanced training; lagoon freeboard tracking charts; and the purchase of additional equipment to maximize utilization of our sprayfields and avoid land application under marginal or unsuitable conditions. Brown's EMS, which will be ISO 14000 certified by the end of 2001, will also contribute to improved freeboard and land application management. V -W, Current lagoon freeboard on 07/10/01 is 3 6" 34 YE E NM I— K Al -2- w ME- 5 W, M.- .V Fzz Facility Number and Name: Brown's 82-340 Farm #11 on original list Instntctions on last pale i� .y�•1x "'C'G- ..�...--Y3. 1...J.... 3� ace,Dansj Over Application ERR ii 'LS" 3% F..-" -.Y-.� ., ;.j�:w✓.' X,.� .'a5 � ralrIssues +,:- � C,yy, -y-w-- -' •.� �',^.L'.. Ai�!.,�;� ]_'=sd .Y _ ter© �n°issues:. Description of Concern -����� =-��-�� � � �.- _. 3 �= z�� - >�,_ mow- —�� INSPECTIONS PANge ram.-�...-�-;�.�-�- -_ :�- _ � �-�-_ _��� �. � W _.,�- iED 11/3/99 — Overapplications of , 4�;; �Y,+y. qg✓Y. ff."L i W-3 :�cs- ..t ri s irz-«ram c -" '� � �ia'a "z' a" ^�r.,�"�- - _ �'�iec'`x'`-�r..��.. _ �•, = "� ���,°-a"'�'i�'x.•r�".c� _�'• _� 'aY lz — '2r,-'r...-»-"'tea 3' R ��: ��L���N ta_=-"� x�r r "� i� �y Y.Y'_?_..��rr�n-C. _...-. s�-< .- T...�Pt[43G4�.' u .��x'-.. �`✓�_.��.. �t, T'�fGT jG'Si�pf '-i'^•;r�Y �.s�b�lC� �.:+w-:. Response %ice-ia = lk-."h- Y:Y:c"` Y ync Y ntF�L=.• r V =5�_.e�..-. a. �-• "' _.. ., y. Y_..S b - Since Hurricanes Dennis and Floyd, Brown's has implemented a number of measures'f'` designed to minimize the potential for future- x �ti i k.+. _ �i'iE« x4�."FF .. «.y"ia'". - -ham � li°. .--s -� '��� ., 5 _ < �.�.. X r freeboard exceedances and over application during prolonged or severe wet weather ' cond-tfitions. These measures include water_ K - - .�� r .. '...' _ .z. �µ x - -. -- sh:.- -_ w3r.:. u ..- ,y�..F• - - �� xx ;;' xf.'� .- conservation, which has reduced Brown's total annual water consumption by approximately 40 percent- hiring new employees; enhanced tratmng, lagoon freeboard tracking charts, and �-.e.- t ��__�$y.- .-�'-2�.. W.IIn� :a: s �-- F- N£ �M u rN .�. -, '- - tea_ MT z _ fir: pw Pi �w:.:z_. 7g-- �_ _` -- _• Wilk- the purchase of.additional equipment to�—��� maximize utilization of our sprayfields and avoid land application under marginal or conditions. Brown's EMS, whichR be ISO 14000 by 2041 `= N r - F�U. _ •; � _- wY � �:s. �:� 4� y-L�` - :4-yw,,e.-.r. ..'yN.M.T't�_ '�S�i C-' - �Y`" '�.V-""'WC'j'xn'Z^'v.?�r _.. willxunsuitable certified the end of will also contribute to improved freeboard and land - - � ;�-� 8^!. 6irv.. _'' Y_ —• "�"• ,�; Yam- sue'-�J.A-^; §y.'..S� �' c a rM + � - application mama ement-�'� PP 11/03/99 - DWQ inspection does not state that over application occurred only that " - -�r'-s_ -.. . . 7� - = r -- - record keepingneeds improving need to g i'v correct PArates on the irrigation records to coincide with the CAR'�tP fib. z -- -1 - a L =� ���+ ''-.+�s�r s .;�w;^+T'?' �:rr''F-r+ „x.Ya,'c:.1..•. ., �'?,.. -arz .',;,j.:1 ,�.�f--T �'p��vrR^" �'�.. Y^- .t y�"•+yy#.�•-�` lY a.'-�- Src _..�=i T �=-::.^.7d��?���_=�y5?=Z~ "C'�w y����—� '��i ����_ .��CLy� �• :-`"iY_'�_+-Y-T='-=L'SL�;� ��'�'��s��R:_•�T�F Y�'�'f " �.t-� �S.f 4rY.�u�.S.i'L�' m--_I�,S`_ ''.:. _ter Y�^3"• .Y-.��X."..5� F_ p_^µ e�� Concerns are based upon DWQ records consisting of deficiencies noted in state inspection reports, NOVs, penalty assessments and/or reports submitted to DWQ by the farm. Carefully review your records to identify the specific concern or concerns and then describe the concern under the appropriate heading together with a reference to the specific record and the date of the record (i.e., inspection report dated or NOV dated -). With the exception of "discharges," which cover calendar year 2000, concerns are based on DWQ records for the calendar years beginning January 1, 1996, and ending December 31, 2000. z Describe in as much detail as possible how the concern has been addressed, or, if it has not been addressed, the measures the farm intends to undertake to address the concern and a schedule for completing the measures. 3 If subsurface drains are present, state whether you know that the drain(s) is discharging groundwater uncontaminated by hog waste, and if so, the basis for that conclusion. 3 Facility Number and Name: Brown's 82-340, Farm #11 (on originial list) Instructions on last page e A High Freeboards Description of Concern' SO U Zug- ME EWA n 2/12199 - NOD for fr�eboard 2/8,99 r- g MM a 3f s Q N 2.7100 MUM IMF P- t-4�- Mtm W a 2115M 16" 2/25,100 ONN -k 4n—R N -.K&" K FNISPECTIONS bI I ireeouinadequate 9t AM, -ISE. lya -3 Freeboard levels < W In Out IN, m-A L W-21 2 Xw- 0" 5 01116191902/20/99- 06/26199 - 07103/99 -- M 5 Z, OEM- 09118/99 - 09125J99 10123/99 -01/08100 02/05100-02/36100 Response N-i �t MINOR-@ ON NAt am"W-V 0 � RUM Since Hurricanes Dennis and Floyd, Brown's has P, W -R, 2-- 05-01 U.1" V E iffiz F-I 7-Y:476i OWN, �E implemented a number of measures desioned to minimize the P ff All Q maim 4- _R v� potential for future freeboard exceedances and over application during or severe wet weather M��: Or NMI .7P,' -' M 'r prolonged conditions, These measures include -ater conservation, iiy 'Ua Jll; -0 N t which has reduced Brown's total annual water consumption tl� - . 1'-Ml. J. - g aim A0 by approximately 40 percent; hiring new employees; 1111 R 2W ; ;P� ON v am 52 N ZR wr - 4 iw purchase of additional enhanced training; lagoon freeboard tracking charts: and the tional equipment to maximize utilization of N, - L7 !�- eg -�2 V our sprayfields and avoid land application under marginal or g WIN-1 unsuitable conditions. Brown's EMS, which will be ISO nsu R, 15� �N- -1,4W m Ig !9*9Xf ggv* �Z-4 k 95-� 14000 certified by the end of 200 1, will also contribute to improved freeboard. and land application management. alM 4� -,--�Pffiv M 5�02. MW AM, Q W ? 0" H A M." 4-g Rffi —U� �31 --A -1-1-1t�, .--V F 0 Current lavoon freeboard on 07/10/01 is 36" 'p� -A, nX 0% ; WV N�2 RON ftono'g-ga, x Al,M 4 �77E4� w 'Al -N11 w- �Q Facility Number and Name: Brown's 82-340, Farm #11 on original list) Instructions On last PaQe 'g; ME_ Over Application R; AZ F Z� 0 __N 03.5 too= Description of Concern M V7 ; 1., __V__ WSPECTIONS 11/3/99 Overapplications PAN P— . � 5 M N, 47 X Z� j-'W ffw 0 NR RRMMIS 'a 5z" _0 MEM — of 5IF, A ind.1,ERIN 10 V W-11 srrzar W-A, T*u 621MM"IF M NYE W All _Q RINI` 01 - - "g- M m i7; -A j g MR 2 Kp-q— T--- —S, R ml Nr ME, W, 11. � 01 - -, np- X� �Z7 Al Response R MMON z "R 5 o", Since Hurricanes Dennis and Floyd, BroAm's has implemented W! aff%�: W_ R, �W g W a number of measures designed to minimize the potential for future 's M -W-L W W U-0 Qj, W M - YIN- I%? M, -t; freeboard exceedances. and over application freebo, during prolonged or severe wet -- W, 2, _ _ - , , 0 -- -, - g , i 0 N- 2�. t5Q _1 tn ML g, 4 -Q. conditions. these measures include water• conservation, which has reduced Brown 7s totals 1i; K0 :.. 7 A"M �Rl $ � 0x%�Y� M M-5 ss;- �Q W ffi -11 - annual water consumption by approximately 4 0 r Q R �W pe hiring new employees; enhanced rcent training lagoon freeboard tracking N_ 7S N. Nat A 1-N WA, ."NEWd- Z t F R� ,Q Wagp ;7--ig, mg charts; and the purchase of additional equipment to �7. V. - 'I 4� -1 - - , '1114J., -N _4 maximize utilization of our sprayfields and _8A . , -11 Qsg OP. a, W 04Re: A , _ ktR N27047 avoid land application under mar ginal or unsuitable conditions. Browm's EMS, which W V F V.cr 0 M. -FIN will be ISO 14000 certified by the end of 2001, will also contribute to improved freeboard and land application management. BE M 'REM WMAN F,!-, mjz .Ij AMA - C I I/03/99-DWQ inspection does not state that over application occurred only that � Kv-7�:snk gE 242i_� VR Y & X INA. W ,or ;, sLi�Fi� Y' �'�' '$ tip= `f.. "Y = ^� record keepi ng needs improving need to � PW '—" 4-'iL. 'T r4 F MY -,2 4' Q vm� correct PAIN rates on the irrigation records W nO r# _N_ _N� IP-M rMln W F to coincide with the CANVINIP" .W W - 13_ as RK- 'n. ' Concerns are based upon DWQ records consisting of deficiencies noted in state inspection reports, NOVs, penalty assessments and/or reports submitted to DWQ by the farm. Carefully review your records to identify the specific concern or concerns and then describe the conceni uiider the appropriate heading together with a reference to the specific record and the date of the record (i.e., inspection report dated or NOV dated _�. With the exception of "discharges," which cover calendar year 2000, concerns are based on DWQ records for the calendar years beginning January 1, 1996, and ending December 31, 2000. Describe in as much detail as possible how the concern has been addressed, or, if it has not been addressed, the measures the farm intends to undertake to address the concern and a schedule for completing the measures. } If subsurface drains are present, state whether you know that the drain(s) is discharging groundwater uncontaminated by hog waste, and if so, the basis for that conclusion. k] Ad I � �, ! C o `lye y.:.: � ✓, . 1 -Mips It Tom AIN �� 40' \, r ' r 1 i�m evil' r -41 F3�'�tillll 9 9@2M 3'1112 BOC 11 V_Illo 31�11 - f s�. H . 111 Dead Hole. B(Max Depth 68'') { r 31 1 1 DeadMHole A (Max Depth 68'') J