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STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
FILE NO. DV -2005-0017
IN THE MATTER OF
)
MURPHY -BROWN, LLC
)
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE
) AND ASSESSMENT OF
WATERS OF THE STATE OF
) CIVIL PENALTIES
NORTH CAROLINA
)
WITHOUT -A PERMIT
)
Acting pursuant to delegation provided by the Secretary of the Department. of
Environment and Natural Resources and the Director of the Division of Water Quality, %
Theodore L. Bush, Jr, Section Chief of the Aquifer Protection Section of the Division of Water
Quality (DWQ), make the following:
FINDINGS OF FACT:
A. Murphy -Brown, LLC is a limited liability company organized and existing under
the laws of the State of Delaware.
B. Murphy -Brown, LLC owns and operates 3111, a swine operation located on the
east side of SR 1901 approximately four miles south of Faison, North Carolina.
C. Murphy -Brown, LLC was issued Certificate of Coverage AWS820340 under
General Permit AWG100000 for 3111 on October 15, 2004, effective October 15,
2004, with an expiration date of September 30, 2009. This permit does not allow
the discharge of waste to waters of the State.
C. On May 31, 2005, as a result of a telephoned report of a discharge DWQ staff
inspected the 3111 farm. When DWQ staff arrived on farm, swine waste was
observed in an unnamed tributary of Mill Swamp, which is a Class C water of the
State within the Cape Fear River Basin. The swine waste was observed in the
tributary along the entire length of the stream, from the point of entry to a
temporary dike just before the confluence with Mill Swamp.
D. Murphy -Brown, LLC had no valid permit for the above-described activity.
E. - The cost to the State of the enforcement procedures in this matter totaled $205.60
11.
Based upon the above Findings of Fact, l make the following:
CONCLUSIONS OF LAW:
A. Murphy -Brown, LLC is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. The unnamed tributary to Mill Swamp constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an. outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Murphy -Brown, LLC may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation may be assessed against a
person who is required but fails to -apply for or to secure a permit required by G_ .S.
143-215.1.
E. The State's enforcement costs in this matter may be assessed against Murphy -
Brown, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Section Chief of the Aquifer Protection Section, Division of Water Quality,
pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources. and the Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,1 make the following:
M. DECISION:
Accordingly, Murphy -Brown, LLC is hereby assessed a civil penalty of:
J l7 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ l 000, Q cD TOTAL CNIL PENALTY
$ 205.60 Enforcement costs
$� a� 0 S, 6 Q TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have
considered the factors listed in G.S.143B-282.1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
i
(Dat T dore L Bush Jr., Chief
Aquifer Protection Section
Division of Water Quality
0
WArF
a _1C
Murphy -Brown, LLC
3111 Farm
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 Ouality
June 25, 2004
®ENR --FRO
JUN 3 0 2004
DWQ
Subject: Certificate of Coverage No. AWS820340
3111 Farm
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
In accordance with your request for a change in operation type received on June 9, 2004 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
AWG 100000.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the 3111 Farm, 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�4—the 0W§s y be rdplaced by -gilts at a rate of 4
gilts for every 3 sows
The COC shall be effective from the date of issuance until October 1, 2004, and shall hereby void
Certificate of Coverage Number AWS820340 dated May 1, 2003, 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.
If your Waste Utilization Plan has been developed based on site speck 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. rtr
Non -Discharge Permitting Unit Internet http:Nh2o.enr.state.nc.us/ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919)715-6048
Customer Service Center Telephone 1-877-623-6748
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper
Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any
lagoon 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 I R Joshi at (919) 733-5083 ext. 363.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000)
cc= (Certificate of Coverage only for all cc's)
Fayet, tb.vM&Regx- MO fice. Water Qu�ity Seco -.
Sampson County Health Department
Sampson County Soil and Water Conservation District
Permit File AWS820340
NDPU Files
• Page 2
Land and Nutrient Management
Murphy -Brown LLC Kenansville Division
(910) 296 - 3731
Cc: Mark Pahl
Kraig Westerbeek
Don Butler
July 11, 2005
Murphy Brown Lw
Kenansville Division
July 11, 2005
Stephen A. Barnhardt
NCDENR — Division of Water Quality
225 Green Street — Suite 714
Fayetteville, NC 28301
785 Hwy. 24150
Warsaw, NC 28398
RE: Farm 31111
Facility #82-340
Follow up to letter sent 613105 and letter received from DWQ dated 616105
RECEIVED
JUL 13 M
a 1p-FAYEMILLEiiEG� ONALOWE
Dear Mr. Barnhardt:
This letter is the follow up to the letter Murphy Brown LLC, Kenansville Division sent to the
Division of Water Quality on June 3, 2005, which outlined a plan of corrective action. Secondly, this
letter is in response to a letter received from the Division of Water Quality dated June 6,2005.
The plan submitted on 613105 to correct the problems identified from this accidental
discharge is as follows:
1) The 12 -hour countdown timer will have a secure cover over it to prevent unauthorized
individuals from starting the system. We will add an operational indicator light that
remains on when the system is operating to add visibility to the system for earlier
detection.
2) Install an 8-4nch discharge pipe made of schedule 40 PVC that matches the size of the
knife gate and eliminates the reducer with the seal that failed. This action will be
completed in the next week.
The work outlined within the June 3'd letter has been completed. The PVC pipe was
installed as outlined in the letter. After several heavy rainfall events some additional work was
done to ensure performance of the system.
On June 8,2005 as part of our EMS training a review of operation and maintenance of
secondary containment structures was done with all complex managers in the Kenansville
Division. This action was not outlined in our initial response but was deemed appropriate to
our EMS program.
In response to the letter of NOVINOI sent from the Division dated June 6,2005, 1 would
submit that the tributary of Mill Swamp is not a blue line stream and the accidental discharge
did not reach Mill Swamp. The discharge was contained and completely recovered.
I believe that I have answered for our proposed POA and the request from the Division of
Water Quality.
I feel that Murphy -Brown LLC Kenansville Division has responded in an appropriate and
responsible manner to the requirements of our permit. If I can be of any further assistance,
please contact me.
Sinc�rel�y, c��
David Nord
OF wAr1k .
r
`o y
-c
June 6, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Nordin
Murphy -Brown, LLC
PO Box 856
Warsaw, North Carolina 28398
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2H .0217
3111
Facility No. 82-340
Sampson County
Permit No. AWS820340
Dear Mr_ Nordin:
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
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit.
Violation 1: Discharge of waste that reached surface waters (Permit No. AWS820340 Section 1.1.)
On May 31, 2005, a clog in the flush system caused the discharge of waste from one of the houses. The waste
flowed to a containment basin, but a faulty seal at the basin's knife -gate valve allowed the further release of waste.
The waste traveled approximately 100 feet and reached surface waters, an unnamed tributary of Mill Swamp_
From the point of entry, the tributary flows approximately 1250 feet to its confluence with Mill Swamp.
Required Corrective Action for Violation 1:
Complete the proposed actions outlined in your letter, dated June 3, 2005, and make any operation and
maintenance enhancements to minimize the chances of another such violation.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation_
If you do not believe that enforcement is appropriate for this violation, please submit a detailed, written justification
of why you feel that this office should not proceed with a recommendation for enforcement. This office should
receive your response on or before June 27, 2005. Information submitted to this office will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his
consideration.
No Carolina
✓Vatmally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet h2o.enr.state.w.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal OppGmnitylAffirmawe Action Employer —50°/. Recoedl30% Post Corwner Paper
M
t
Mr. Nordin
June 6, 2005
Page 2
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett,
Environmental Engineer, or myself at (910) 486-1541.
Sincerely,
-�4 k - 11
Stephen
A. Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick — Compliance Group
Sam Warren — Sampson County NRCS
Trent Allen — SWC. FRO
Central Files — Raleigh
Murphy Brown
Kenansville Division
June 3, 2005
Larry Baxley
NCDENR — Division of Water Quality
225 Green Street — Suite 714
Fayetteville, NC 28301
RE: Farm 31111
Facility #82-340
Accidental Discharge 5131105
785 Hwy. 24156
Warsaw, NC 28398
� RECE-IvFfl
JUN - r 2005
ORR- A"1tER
OSCE
Dear Mr. Baxley:
This letter is the follow up to an accidental discharge on Farm 31111 reported to the Division
on May 31, 2005. The sequence of events on 5131105 is:
1) The farm manager found an on going discharge from the gestation building upon arrival to
work on the morning of May 31, 2005. The farm staff took immediate action to stop the
source of the flow and containment of the water on the ground. They also noted the LNM
complex to respond to the accidental discharge. The combined group effort focused on
total containment of the flow and notification of management.
2) The complex manager notified the LNM Specialist and LNM Manager. After a quick site
evaluation establishing what had occurred, all appropriate parties were notified. Initially,
there was no visual evidence that the flow went beyond established temporary
containment dams. The remediation efforts were immediately initiated, which included
containment beyond visible signs of the flow to ensure a thorough cleanup. An outside
contractor was brought in with a vacuum truck to assist in remediation in addition to our
own resources in pumping and hauling back to the lagoon.
3) Remediation was carried on througthout the day into the evening. Containment dams
were left in place over night to contain any additional seepage. On Wednesday, June 1,
2005 the additional water that had accumulated over night was pumped up and put in the
lagoon.
4) With the help of Murphy Brown LLC Technical Services and Compliance Department, it
was determined that containment occurred prior to entering a blue lined stream. See map
provided.
5) Root Cause: A clogged discharge line from the gestation building caused water to back
up in the house and exit the building.
What is known about the time leading up to finding the accidental discharge:
1) Secondary containment had been holding runoff from rain events.
2) Farm did not run the recycle system on 5130105.
3) Farm personnel left farm from 1:00 PM or shortly after on 5130105. Manager checked
recycle pump as he was leaving the farm site. The count down timer was in the off position
and the recycle pump was not running.
• Page 2
Assumptions:
June 3, 2005
1) Discharge line plugged sometime on Sunday, May 29, 2005. This could mean up to 48 hrs
of water usage by the animals could have impacted the pit holding capacity.
2) Sometime around 8:00 PM, someone started the recycle system. The timer (12 hr.) had
approximately 2 hours or slightly less left to run when the farm manager shut off the
system on 5130105.
Estimate of the discharge:
A) Fresh water usage by the animals in the gestation building based on seasonal
adjusted water usage goal and actual percent usage for the past 4 weeks: 16,177
gallons (8.56 gaVhd/day x 900 hd. X 104.6% of goal x 2 days). This is assuming
that all water went through the animals into the pit and nothing was lost to
evaporation and respiration.
B) Water going into the pit from the recycle system: 67,200 gallons (4 flush tanks x
800 gallons / tank x 2 flushes / hr./tank x 10.5 hrs). This volume represents half of
the flow of the recycle system since the breeding barn also has 4 flush tanks with
mercury floats.
C) The gestation building is a deep pit flush building that can hold: 81,188 gallons
(length 335 ft x max. depth 2.7 ft x width 24 ft x (triangle area) 0.5 x 7.48 gaVcu ft)
D) Estimated water lost from the building: 2,189 gallons (83,377 gallons into the pit —
81,188 gallons pit capacity) The estimated amount that escaped the secondary
containment was 300 gallons or less. Most of the water was recovered from the
building yard (low areas and waterways) and the secondary containment.
The secondary containment did slow down and contained the discharge. The reason
100% containment of the discharge was not achieved was due to the failure of a gasket type
seal used to connect the knife gate to the discharge pipe. Though not achieving the desired
effect, the secondary containment structure did lessen the impact of the event versus not
having a structure in place at all.
The lagoon level on 5/31/05 was 43 inches. The last lagoon level reading was 39
inches taken on 5/27105. There were pumping events after the reading on 5/27/05 and
5128/05 that totaled 339,750 gallons that would have dropped the lagoon level roughly 3.53
inches. The staff gauge reading would have been 42.5 inches prior to the recycle pump filling
the building. By the staff gauge reading, the lagoon level drop would have been roughly
48,000 gallons. All readings on the staff gauge are visual, but would tend to back up the
assumption on how much water was pumped into the pit (variance would be 1/5h of an inch
on the staff gauge).
Remediation efforts past the secondary containment involved the recovery of 14,000
gallons by the contractor with a vacuum truck and 12,000 gallons with company equipment.
All water was hauled back to the lagoon. The 26,000 gallons represent the 300 gallons lost
from the secondary containment, fresh water found in pockets from previous rain events, and
water used to flush the remnants of the flow to a final collection point.
The plan to correct the problems identified from this accidental discharge are to:
1) The 12 -hour countdown timer will have a secure cover over it to prevent unauthorized
individuals from starting the system. Adding an operational indicator light that remains on
when the system is operating to add visibility to the system for earlier detection.
• Page 3 June 3, 2005
2) Install an 8 -inch discharge pipe made of schedule 40 PVC that matches the size of the
knife gate and eliminates the reducer with the seal that failed. This action will be
completed in the next week.
Included with this letter is a copy of the most current waste analysis as required by the
permit.
I have outlined what information I have available as they relate to this accidental
discharge. I feel that Murphy -Brown LLC Kenansville Division has responded in an
appropriate and responsible manner to the conditions of the permit.
The Environmental Management System (EMS) proved its' effectiveness by providing
the structure and protocol that all parties involved in the response, did so in a timely and
effective manner.
If I can be of any further assistance, please feel free to contact me.
Sincerely,
Did21N
in
Land utrient Management
Murphy -Brown LLC Kenansville Division
(910) 296 - 3731
Cc: Mark Pahl
Kraig Westerbeek
Don Butler
ilk"
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NCDA A ronor
Division 4300 Reedy Creek Road Raleigh,NC 27607-6465 91' '33-2655.
Report No: )T. "215 W
Grower: Murphy-Brown LLC
Copies To: USDA-NRCS-...,npsan
c/o David Nordin
785 Hwy. 24/50
Warsaw, NC 28398
Waste
31111
,ortFarm:
3/22/05
Sampson County
Sample Info.
Laboratory Results arts per million unless otherwise noted'
Sample ID.
N
P K Ca M S
Fe Mn Zn
CU
B
Mo Cl C
Total 491
52.3 657 129 23.0 23.8
2.66 0.25 1.32
0.27
1.21
31111
IN -N
Waste Code:
-M14
Na Ni Cd Pb Al
Se Li 11
SS
C.•N
DM% CCC% ALL K al
ALS
-NO3
188
7.23
Description:
OR-N
Swine L oon Lig.
Urea
Recommendations:
Nutrients Available for First Crop'lbs/1000
allons
Other Elements
lbs/1000 gallons
Application Method
N P205 K20
Ca Mg S Fe Mn Zn Crc
9 Mo CI
Na
Ni
Cd Pb Al Se Li
]rrigalion
2.1 0.70 5.3
0.75 0,13 0.14 0.02 T 0.01 T
0.01
1.6
MAR 2 2 2005
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Facility
Waste Management Plan Changes
92- 54-0
Fvu j 72003
ff, �
Farm sill
This farms Waste Management Plan has made the following changes:
❑ Crop changes
❑ Wetted Acres
❑ Increased Acreage
❑ Decreased Acreage
❑ Changed Irrigation Design
❑ Change in Farm type
❑ Plan based on 3 Years On Farm Records
�ther
Comments:
Date
Murphy -Brown, LLC 07/09/2003 P.O. Box 856
Warsaw, NC 28398
NUTRIENT UTILIZATION PLAN
Grower(s):
Farm Name:
Murphy -Brown, LLC
BOC 3111 Amendment
County: Sampson
Farm Capacity:
Farrow to Wean
Farrow to Feeder 2000
Farrow to Finish
Wean to Feeder
Feeder to Finish
Storage Structure:
Storage Period:
Application Method:
Anaerobic Lagoon
>180 days
Irrigation
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
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
Lbs N utilized 1 unit yield
A
Barley
1.6 lbs N / bushel
B
Hybrid Bermudagrass - Grazed
50 lbs N / ton
C
Hybrid Bermudagrass - Hay
50 lbs N / ton
D
Com - Grain
1.25 lbs N / bushel
E
Com - Silage
12 lbs N /ton
F
Cotton
0.12 lbs N / lbs lint
G
Fescue- Grazed
50 lbs N / ton
H
Fescue - Hay
50 lbs N 1 ton
I
Oats
1.3 lbs N 1 bushel
J
Rye
2.4 lbs N 1 bushel
K
Small Grain - Grazed
50 lbs N I acre
L
Small Grain - Hay
50 lbs N / acre
M
Grain Sorghum
2.5 lbs N 1 cwt
N
Wheat
2.4 lbs N / bushel
O
Soybean
4.0 lbs N 1 bushel
P
Pine Trees
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.
4of8
Application Rate Guide
The following is provided as a guide for establishing application rates and amounts.
Soil Application Rate Application Amount
Tract Hydrant Type Crap in/hr *Inches _
9072 subl Goldsboro O 0.4 1
sub2 Wagram O 0.6 1
#REI=!
6of8
Additional Comments:
The acreage listed on this amendment is the balance of the total field acreage
minus the wetted acres at this site. The areas not covered by the conventional
irrigation system are being entered into the pumping records as sub fields
so that the acres can be claimed when making application with an Aerway
machine.
7of8
NUTRIENT UTILIZATION PLAN CERTIFICATION
Name of Farm: BOC 3111 Amendment
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.
Itwe 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:
Signature:
Murphy -Brown, LLC
W -MA
Name of Manager (if different from owner):
Signature:
Date
r�
Name of Technical Specialist:
Dawn Williamson
Affiliation:
Murphy -Brown, LLC
Address:
_2822 Hwy 24 West, PO Drawer 856 _
_
Warsaw, NC 28398
Telephone: _
(910) 293-3434
Signature:
8of8
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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 17, 2002
CERTIFIED u_ 1
Mr. David Nordin
Brown's of Carolina
PO Box 487
Warsaw, NC 28398
SUBJECT: BOC Farm 3111
Permit No. AWS820340
Sampson County
Dear Mr. Nordin:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
The Fayetteville Regional Office of the Division of Water Quality has reviewed the additional information
submitted by you on April 22, 2002, for the subject facility. After consideration of the information submitted, this
office has determined that no further action will be taken at this time for the accidental discharge that occurred on
March 24, 2002. A reinspection of the facility confirmed that the corrective actions taken should help to prevent
future discharges of this nature, should they occur. Please be advised that this letter does not prevent the Division
of Water Quality from taking enforcement action for the violation noted if further information is received
warranting such action.
If you require additional information regarding this matter, please do not hesitate to contact me at 910-486-
1541.
rERawls
Water Quality Regional Supervisor
RH/PER:bs
cc: Steve Lewis
DWQ Nan -Discharge EnforcenKnt Unit
Fayetteville regional Office
225 Green Street - Suite 794, Fayetteville, North Carolina 28301-5043
Phone: 910-486-1541 1 FAX 910-486-07071 Internet: www.ennstate.nc.us_/E
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
r"d-Fl
::ROLINAWICS
April 22, 2002
Mr. Paul Rawls
Water Quality Regional Supervisor
NC Dept. of Environment and Natural Resources
225 Green St., Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation/Notice of Intent
BOC Farm 3111
Facility # 82-340
Permit No. AW S820340
Sampson County
Mr. Paul Rawls,
MAY 22002
Brown's of Carolina Farm 3111 reported an accidental wastewater discharge
on March 24, 2002, resulting in wastewater entering an unnamed tributary of Mill
Swamp. A report of this incident was sent to the Division of Water Quality on March
25, 2002 (see attached copy).
A root cause analysis of this incident revealed the following information: 1) the
farm manager noticed reduced flow of recycled water going into the flush tanks, 2)
this information was reported to our maintenance department, 3) the maintenance
department investigated and determined that some of the plumbing appeared to
have a salt buildup inside the lines, 4) the maintenance department conducted de-
salting of the lines on March 20, 21, and 23, 5) during the days prior to the de -salting
operation and during the period of reduced flow to the tanks and building there was
some accumulation of solids below the slats, 6) once the lines had been de -salted
normal flow of water returned, 7) accumulated solids were broken loose by returned
water flow and this material was the apparent source of obstruction, and ultimately
the discharge, 8) once this material was discovered and removed the system
returned to normal operating mode.
The corrective actions taken in this instance should prevent reoccurrence
of this unfortunate event.
A work order was submitted on March 25, 2002 to Murphy -Brown LLC
engineering and heavy equipment department to design and install permanent
secondary containment basins for the surface water discharge lines. The
containment basins will be installed on or before April 30, 2002.
Immediately after the spill event, temporary containment dams were
placed with the last one being ahead of the wastewater flow in the branch. If any
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910) 296-1800
!B!HipsLINA
wastewater escaped, it would be due to seepage and not a direct flow.
Laboratory analysis of the samples Brown's of Carolina took, immediately after
the event, at the upstream sample, of the source, of the midstream and the
downstream sample indicate that the accidental discharge was contained (see
attached copy; dated April 8, 2002).
To the best of our knowledge, Brown's of Carolina has complied with all of
the provisions of our permit for Farm 3111. The response, remediation, root
cause analysis, and appropriate correct action is a testament to the effectiveness
of our Environmental Management System. If I can be of any further help,
please call me at 910-296-1800 ext. 238.
Sincerely,
i -,j 7
David Nordin
Director of Land & Nutrient Management
Brown's of Carolina
AMC
Attachments
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910) 298-1800
LC!k9ROLEINA'
March 25, 2002
Mr. Bob Heath
Division of Water Quality
NC Dept. of Environment and Natural Resources
225 Green St., Suite 714
Fayetteville, NC 28301-5043
Re: Accidental discharge on 3/2412002
BOC Farm 3111
Facility # 82-340
Sampson County
Mr. Bob Heath,
Brown's of Carolina Farm 3111 had an accidental wastewater discharge on
March 24, 2002, resulting in wastewater entering an unnamed tributary of Mill
Swamp. This spill was caused by a clogged discharge line leading from the
gestation building.
The recycle pump timer is set to run from 6:15 am to 5 pm. The farm
manager found a discharge occurring at 7:00 am on her farm inspection. She
immediately stopped the recycle pump and initiated containment. She followed EMS
protocol and began notifying responsible parties to begin immediate remediation and
proper notification.
From the time the recycle pump started until the pump was shut off,
approximately 1800 gallons was dumped into the house. How much was
contained by the house could not be determined. A significant portion was
contained between the houses on site and pumped into another discharge line.
Approximately 600 gallons escaped into a surface drain that helped facilitate the
flow into the tributary of Mill Swamp.
The tributary was dammed at 3 pants to contain the wastewater and fresh
water. A fourth dam was established upstream to help minimize the addition of
fresh water to the contained spill. Approximately 133,080 gallons was contained
and either pumped or hauled by tank to the lagoon. Work was not stopped until
the maximum amount of remediation possible was accomplished after
remediation had been completed and temporary dams were removed.
Murphy Brown LLC engineering & heavy equipment departments have
been given a work order to design and install containment basins on this site for
the surface water discharge lines. This work will take place in the near future.
BROWN'S OF CAROLINA, INC.
785 Vii:"•ry '24 EAST - P p. 90X 487 - WARSAW, N.C. 283G18 • P -4c "Alc L• 1 C1 : CjF - d0L-
Brown's of Carolina has complied with all of our regulatory responsibilities.
The company has made an exhaustive effort to respond quickly and
appropriately, and remediate the accidental discharge. If I can be of any further
help, please call me at 910-296-1800 ext. 238.
Sincerely,
4zl-47&�
David Nordin
Director of Land & Nutrient Management
Brown's of Carolina
ltmc
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAS • P.O. SOX 487 • WARSAW. N.C. 28398 • PHONE (910) 296-1800
UANN'LABORATBRIES
-3 1 I I
Vor: 11rown's of Carolina
Art.en: R.Q. Britt
TEL:910-285-3966 Apr 08,02 10:12 No.002 P.02
Vann L.-AmiratorieS. Phone: (81U) 2tif, 3�+(;[�
P. 0. Box 6613
Wallace, NC 28466 waatnwatw ID N: X>
1111 ANALYSIS REPORT
Date Samples Collected:
IhtlMAl1:7'LR
LlNl:l1
DA TF
ANALYZED
Source
3-24-02
Upstream
3-24-02
Midar.ream
3-24-02
Downsr.rcum
3--25-02
COD
!real Calijar ra
colli UO ml
7i,rul Kjr•Ididd 1Vil,vgcrt
mRII.
3-30-03
756
0.98
137
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uglL
Mial f 'hrorniuni
ug/l.
7i'1411 COMM"'
uglL
' ilud Magno-mum
niglL
1 i,1rr1 f rrrc
�Vrrrnr„rriu /Vil,t,l;rrr
ug/1-
40.20
119
1.12
mglL 3-23-02
650
Signed:
Date; ri} -A-2002 -
C'1
sRowN�s
OF CAROLINA
March 25, 2002
Mr. Bob Heath
Division of Water Quality
NC Dept. of Environment and Natural Resources
225 Green St., Suite 714
Fayetteville, NC 28301-5043
Re: Accidental discharge on 3/24/2002
BOC Farm 3111
Facility # 82-340
Sampson County
Mr. Bob Heath,
[AM 20
Brown's of Carolina Farm 3111 had an accidental wastewater discharge on
March 24, 2002, resulting in wastewater entering an unnamed tributary of Mill
Swamp. This spill was caused by a dogged discharge line leading from the
gestation building.
The recycle pump timer is set to run from 6:15 am to 5 pm. The farm
manager found a discharge occurring at 7:00 am on her farm inspection. She
immediately stopped the recycle pump and initiated containment. She followed EMS
protocol and began notifying responsible parties to begin immediate remediation and
proper notification.
From the time the recycle pump started until the pump was shut off,
approximately 1800 gallons was dumped into the house. How much was
contained by the house could not be determined. A significant portion was
contained between the houses on site and pumped into another discharge line.
Approximately 600 gallons escaped into a surface drain that helped facilitate the
flow into the tributary of Mill Swamp.
The tributary was dammed at 3 points to contain the wastewater and fresh
water. A fourth dam was established upstream to help minimize the addition of
fresh water to the contained spill. Approximately 133,080 gallons was contained
and either pumped or hauled by tank to the lagoon. Work was not stopped until
the maximum amount of remediation possible was accomplished after
remediation had been completed and temporary dams were removed.
Murphy Brown LLC engineering & heavy equipment departments have
been given a work order to design and install containment basins on this site for
the surface water discharge lines. This work will take place in the near future.
BROWN'S OF CAROLINA, INC.
1 785 HWY 24 EAST • P,O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910) 298-1800
Brown's of Carolina has complied wrtK all of our regulatory responsibilities.
The company has made an exhaustive effort to respond quickly and
appropriately, and remediate the accidental discharge. If I can be of any further
help, please call me at 910-296-1800 ext. 238_
Sincerely,
David Nordin
Director of Land & Nutrient Management
Brown's of Carolina
/tmc
BROWN'S OF CAROLINA, INC.
2 785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910) 296-1800
Type of Visit • Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit ®Routine O Complaint O Follow up JP Emergency Notification 0 Other ❑ Denied Access
Facilih• Number
Date of Visit: QZ •rime:rO A'i7
.3
Not Operational 0 Below Threshold
Permitted E Certified D Conditionally Certified [3Registered Date Last Operated or Above Threshold:
Farm Name: % it � County:
T '
Owner Name: �iPaG✓� dt �•s;t��//it/11.4Ph/one No:
Mailing Address:_• ����_�� G✓�4��:�J, �1/ i! .� �-���
Facility Contact: �D��'/.rte/, Title: a Phone No: j�
Onsite Representative:�/.�d/.�-� Integrator: D.G��1..J �r C�A,Ca/ii✓.4
Certified Operator: ___ r� ��i� Operator Certification Number:
Location of Farm:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' 4 Du Longitude 0 ° OK
Deslign
- Current z 9117;Current = Design
hCnrrent
x; Y _ 3,
'Swtne t,,�.,m. yCa acf,Pa ulatianw Poult Ca aci Po i]ilatit►n.
Ga aci Po nlahonCattleS
. .
La er ❑ Dairy
EEl'❑
.� ❑Non -La er ❑ Non -Dairy
I
Sri
a _
:!..�. Y.. -.�. _ _ -•ice. A Xp _ $,
❑ Other
Y:.
,l'R 'uhf
} : Total Des>gn Capacity
•t r.
_ r _
166, OJL i, S .
_
z�f g , s t
` Numbef of La oons
! .4 ❑ Subsurface Drains Present ❑ La oon Ares ❑ Spray Field Area
Haldtag"Ponds!=5ohd Traps `�'
�,. o No Waste System
��
�, Li uid Management
FFarrow
Feeder Wean Feeder p � O�
Farrow to Finish
❑
Gilts
❑ BOaI•S �
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field N Other
a. If discharge is observed, was the conveyance man-made'!
b. If discharge is observed, did it reach Water of the State? (If yes. notify DWQ )
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
2. is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge!
Waste Collection di Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
Freeboard (inches):
05/03/01
Yes ❑ No
❑ Yes 1KNo
Yes
❑ No
❑ Yes 21 No
❑ Yes �R No
El Yes CR No
❑ No
Structure G
Continued
❑ Yes
Facility Number: _Tyd Date of Inspection
S. Are there any immediate threats to the integrity of any of the structures observed:' (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public stealth or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Annlication
10. Are there any buffers that need maintenance/improvement?
11. is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type
❑ Yes 7--
[3
❑ Yes KNo
❑ Yes PB�No
❑ Yes ONO
❑ Yes �TNo
P Yes ❑ No
❑ Yes P No
13.
Do the receiving crops differ with thvsc designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
2rNo
14.
a) Does the facility lack adequate acreage for land application?
❑ Yes
gNo
b) Does the facility need a wettable acre determination?
❑ Yes
P No
c) This facility is pended for a wettable acre determination?
❑ Yes
Pallo
15.
Does the receiving crop need improvement?
❑ Yes
ONO
16.
Is there a lack of adequate waste application equipment?
❑ Yes
P No
Reouired
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
❑ No
18.
Docs the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, frceboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20_
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
10 No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
❑ Yes
allo
(ie/ discharge, freeboard problems, over application)
23.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
EffNo
24.
Does facility require a follow-up visit by same agency?
AYes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
KNo
Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
nT `+chid+r.r` .r^.=.P+L�Fa`.@'�fti'-v`�p"„ g' 's.. Y.Ar n+'dM-�s ` tsi :ti.4•bp 3a€ '=,'^="'!i�- F"�2Tsth+ " -
C6huB:euts'(r�er 4�on #)E�s�;a�YE5 rs am�d/or stay rteat>tmr`ntllsttians or -an eammcnts. .
_ i4 � �
Use drswiugs. at#atility tQ bir*tpiein situatia. (osettitfuual'p>;ss.wn sary) Field Copy ❑Final Notes
41-1
,� �A �is�, ,p�•,��r� h�c��.., ,y /�,1/�,��c/irk .,J /�� ��s�a�,Jr�,ac,� ;
6/� /.�;.-��,r�, . G�,���w.�.� /7'o6✓h� ��� .s��,f.` �a� � �s moo �
.:��
E
werlInspector Name bt'r��, a _,.?
werlInspector Signature: Date: Z 4
05/03/01 Continued
Facility Numbier:,FZ —gyp Date of Inspection I 77� 4/az
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
Toads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
Aoditio!�p!.�27,omni!eits an or re s +s
f� .fi � ��.ufTaF+ .Q,7""� � • a�/9.�- �.�s�G��.�ir.�wrr�
�
�f�.�c!.�.���r�c� �/ �.� .�au�.r ...5-s�.v��.
Jcl��a,<�,✓/ /d/vif�/i-�'
`v,F..rc� ,ra�hh.F
5/00
Type of Visit ® Compliance Inspection 0 Operation Review 0 Lagoon Evaluation
Reason for Visit 0 Routine 0 Complaint ® Follow up 0 Emergency Notification 0 Other ❑ Denied Access
Facility Number 7 6 Date of Visit: �Time: �G
rQ Not Operational Q Below Threshold
® Permitted 0 Certified O Conditionatly Certified Q Registered Date Last Operated or Above Threshold:
Farm Name:���� County:�ra.cJ
Owner Name:.G"rs d� �.rJ2D.✓..i Phone No:
Mailing Address: '1r%0,eNe ZrgJOE
Facility Contact: __�� �Ni> �f.� Title: Phone No:
Onsite Representative: /�Lfg. _ Integrator: %�.��sr✓-r's ��Co��
Certified Operator: ���r/id ��r� Operator Certification Number:
Location of Farm:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 0 ` " Longitude ~ z
fA 5* Destgu Cutrent r Design Cdrrent"
5wmet' QCs is Pa ulstion Pt ult Caiiaci t Pei
plataon: Ciittle
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
Farrow to Feeder 227010 G29p
❑ Farrow to Finish
❑ Gilts
❑ Boars
:'i
❑ La er
er
,eEOD❑Non-La
n -I
❑ Others
,d
l
Total Design Capidt
Design"Cprrent`.
Ca6achy °=Po ulation
�r
Dijgharees _4 Stream Impacts
1 _ is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made'?
b. If discharge is observed, did it reach Water of the State? (If yes. notify DWQ)
c, if discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure Z Structure 3 Structure 4 Structure 5
Identifier:
Freeboard (inches):
05103101
❑ Yes RNo
❑ Yes P1 No
❑ Yes ,,] No
❑ Yes ® No
❑ Yes ® No
❑ Yes �j No
❑ Yes PNo
Structure 6
Continued
Facility Number: ?2 . _ D Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8_ Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application'? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes [:]No
❑ Yes ❑ No
❑ Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Reauired Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes [:]No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No
24. Does facility require a follow-up visit by same agency? ❑ Yes P'No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes [:]No
10 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Reviewer/Inspector Name
Rerzewer/Inspector Signature:
Field Copy ❑ Final Notes
'9/�jfTl�/�/��/�
Date: XZZ7/a
05/03101 Continued
ek
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
April 16, 2002
CITIFIED MAIL
RETURN RECEIPTREQUESTED
Attn: Mr. Dave Nordin
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
Subject: Notice of Violation/Notice of Intent
BOC Farm # 3111
Facility No. 82-340
Permit No. AWS820340
Sampson County
Dear Mr. Nordin:
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H.0217 Permit.
On March 24, 2002, staff from the Fayetteville Regional Office of the Division of Water
Quality performed an inspection of BOC Farm 3111 in Sampson County as a result of a reported
accidental discharge. The inspection revealed that the spill occurred due to a clogged discharge
line from the gestation building resulting in approximately 600 gallons more or less entering the
surface water drainage system. The surface water drainage system discharged into the woods
approximately 100 feet from a tributary of Mill Swamp (Class C Sw waters). The stream was
dammed in several locations and approximately 133,000 gallons was pumped back into the
lagoon. An unknown volume of wastewater flowed beyond the tempory containment dams prior
to their construction.
The Division of Water Quality requests that the following item(s) be addressed:
1. Implement the proposed construction of the containment basins to prevent future
discharges of this nature.
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-4W15411 FAX: 910-486-07071 Intemet: www.enr.state.nc.us/ENR
An Fnual Onnortunity 1 Affirmative Action Fmnlnver — 50°% Recvcled 110°% Post Consumer Pager
P
Mr. Dave Nordin
Page 2
April 16, 2002
Failure to comply with the above condition(s) may result in the facility losing its General
Permit and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. You are hereby notified
that based on the above information, the Division of Water Quality is considering forwarding
recommendation to the Director for consideration of enforcement for this violation.
Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more
than $25,000.00 per day per violation.
If you have an explanation for this violation that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendation for enforcement. This response should received by this
office on or before Apri30, 2002.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation forwarded to the Director with the enforcement package for his
consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. Bob Heath, Environmental Specialist, at (910) 486-1541.
Paul E. Rawls
Water Quality Regional Supervisor
RFH/bh
cc: Steve Lewis -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Kraig Westerbeek-Smithfield Foods
Central Files -Raleigh
BROWN's
OF CAROLINA
August 3, 2001
Mr. Paul Sherman
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
RE: Notice of Deficiency, Brown's of Carolina 3111, Facility #82-340
Dear Paul,
I am responding to the NOD resulting from the referral, from the Division of Soil and Water Conservation
dated July 12, 2001. The three issues are:
Avoid over application of nitrogen either agronomically or hydraulically.
• The Irr. 2 showed an acreage that was incorrect. The Irr. 2 showed 2.11 acres and
the irrigation map and WUP. Indicated 7.59 acres. (see enclosed corrected Irr. 2).
2. Over application shall be reported to the Division of Water Quality as required by the
General Permit.
The records used by the OIC's had not shown an over application. The lagoon
analysis was not properly utilized (i.e.: 60 days before or after a sample date) and
when I backed the analysis into the system the over application was verified. The
checks against WUP and records were on going when the inspection occurred.
3. The soil sample shall be taken in a timely manner every 12 months.
• The soil sample was last taken November 23, 1999 for the 2000 crop year. The
problem has been addressed. (please see attached soil sample analysis).
It is our intent to follow conditions of our General Permit and Waste Utilization plan. I would be happy to
provide any further information or answer questions (910) 296-18W ext. 217.
Sincerely,A, nn �
J .,
Dave Nordin
Land & Nutrient Management
DN/tmc
Attachments
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910) 296-1800
NCDA A ronomic Division
4300 Reedy Creek Road Ralei h, NC
27607-6465
919 733-2655
Report No: 01828
Grower-
Browns of Carolina
col)ies to:
Attn: David Nordin
PO Bolt 309
-S0191
Test Re
ort
Warsaw, NG 28398
1'C{l7ii' I1
f
7/31/01 SERVING
N.C. CITIZENS FOR OVER 50 YEARS
Sampson Count
Agronomist Comments:
a .
Field Information
lied Lime
Recommendations
Sample No. Last Crop
Ato Yr T/A
Crop or Year
Lime
N
h05 m0
Mg Cu
Zn
B
Mu
See Note
1101 Soybeans
1st Crop: Corn Grain
I.IT
120-160
0 40-60
$ 0
{)
i1
3
2nd Crop: Small Grains
{)
80.100
0 40-60
$ 0
0
10
3
Test Results
Sail Class HM% W/V CEC BS%
Ac pH P-1 K-1
Ca% Atg%
Mn -1 Mn -Al (1)Mn-Al (2) Zn -1
Zu-AI
Cu -1
S-1
SS -1
Na -N NIIr-N Na
MIN 0.36 1.41
2.9 41.0
1.7 4.8 87 46
25.0 8.0
23
31 24 48
48
32
34
0.0
Field Information
Lime
Recommendations
-Applied
Sample No. Gast Crop
J10 Yr T/A
Crop or Year
Lime
N
A05 g0
Mg Cu
Zn
B
Mn
See Ale
1102 Sovheans
Isl Crop: Corn Grain
1. IT
120-i60
t} 40-60
$ 0
0
0
3
2nd Crop: Small Grains
0
80-100
0 40-60
$ [}
0
10
3
Test Results
Soil Class HM% W/V CEC BPA
Ac pH P-1 K-1
Ca% Mg%
Mn -1 Mn -AI (1)Mn-AI (2) Zn -1
Zn -AI
Cu -1
S-1
SS -1
Nal -N Nlh-N Aa
MIN 0.32 1.34
2.8 43.0
1.6 4.8 88 47
26.0 9.0
24
31 24 56
56
28
.4
0.0
Field Information
Applied Lime
Recommendations
Sample No. Last Crop
Mo Yr T/A
Crop or Year
Lime
N
Pros K0
A1g Cis
Zn
B
Mn
See Yote
1103 Soybeans
1st Crop: Small Grains
71'
80-100
0 0
0 U
tl
t}
3
2nd Crop: Soybeans
0
0
0 0
0 0
0
0
3
Test Results
Soil Class HM% lV/V CEC BS%
Ac pll P-1 K-1
Ca% Mg%
Mn -1 Mn -AI (1)Mn-Al (2) Zn -1
Zn -AI
0-1
S-1
SS -1
Ak-Al Allb-Al Nn
MIN 0.86 1.29
5.8 72.0
1.6 5.5 111 164
49.0 10.0
26
26 26 76
76
60
54
0. l
Field Information
Applied Lime
Recommendations
Sample No. Last Crop
No Yr T/A
Crop or Year
Lime
N
1205 KO
Mg Cu
bi
B
Mn
See ,Vote
1104 Soybeans
1st Crop: Small Grains
1.61'
80-100
0 20-40
$ 0
0
0
3
2nd Crop: Soybeans
0
0
0 20-40
$ 0
0
l)
3
Test Results
Soil Class HM% WlV CEC BS%
Ac pH P-1 K-1
Ca% Mg%
Mu -1 Mn -Al (1) Mn -Al (2) Zn -1
Zn -AI
Cu -1
S-1
SS -1
NO3-N AIA -N Na
MIN 0.36 1,32
3.3 33.0
2.2 4.5 184 57
19.0 5.0
45
37 37 65
65
39
38
11.1
NCDA A ronomic Division
4300 Reedy Creek Road Ralei h NC
27667-6465
(91'9).733'-2655
Grower: Browns of Carolina
Re ort No: 01828 P 2
Field Information
Applied
Lime
Recommendations
Sample AV Last Crop
Alo
Yr TIA
Crop or Year
Line
N 1305
90
Mg Cu
Zn
B
Mn See Note
1105 Soybeans
1st Crop: Corn Gr -An
2.3T
120-160 0
30-50
$ 0
1}
0 3
2nd Crop: Small Grains
0
80-100 0
30-50
$ i}
0
0 3
Test Results
Soil Class HM% W/V CFC
BS%
Ac pll P -I K-1
Ca%
Mg%
Mn-I.Mn-Al (1)Mn-AI (2) Zn -1
Zn -AI
Cu -1
S-1
SS -1 N(h-N iV1b-N AW
MIN 0.41 1.33
4.1
22.0
3.2 4.4 184 53
13.0
3.0
46 45
38 65
65
41
38
u.0
Field Information
Applied Lime
Recommendations
Sample No. Last Crop
Mo
Yr TIA
Crop or Year
Lime
N 1305
KO
Mg Cu
Zn
B
Mu See Nobe
1106 'Soybeans
1st Crop: Corn Grain
1.6T
120-160 U
20-40
$ l}
0
0 3
2nd Crop: Snutll Grains
()
80-100 0
20-40
$ 0
0
U 3
Test Results
Soil Class 1LH% IVIV CFC
BS%
Ac pll P-1 K-1
Ca%
Mg%
31n-1 Mn -AI (1)Mn-AI (2) Zn -1
Zn -Al
Cis -1
S-1
SS -1 N(* -A' Alli -A' JVa
MIN 0.32 1.33
3.2
31.0
2.2 4.4 190 55
17.0
4,0
44 43
36 67
67
42
38
0.)
0 0 0
B.J' , Hydrant: 04 Crop Type: WHEAT Operator: KK FORM IRR -2
OF CAROLINA Field No. 1 Field 5ize(Ac.): 7.59 Certification #
Remit To: Brawn's of Carolina, Inc.
Tract No. 9072 785 Hwy 24 East
Warsaw, NC 28398-0487
Farm Name: 11 Facility #: Recommended PAN (lbs./Acre): 141 (910) 296-1800
Date Start Time End Time Total Minutes Sprinklers Flow Rate
Total Volume Volume per Acre
Analysis PAN PAN Applied
PAN Applied/Acre
04/30/2001 1 11:30 AM 1 4:00 PM 270 1 285
76950 10,138
2.8 1 215.46
1 28.39
Hydrant Total Volume:
76950
Total PAN AppliedlAcre:
28.39
Friday, July 20, 2001 Operators Signature Page 1
c
` North Carolina
Department of Environment and Natural Resources
Division of Water Qualityr�-►�1�FA
Fayetteville Regional Off ce
EL
Michael F. Easlev, Governor NCDENR
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
July 231. 2001
CERTIFIED MAIL
RETURN RFCEIPT REQUESTED
Murphy -Brown, LLC
Attn: Mr. Dave Nordin
P. O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIANCY
BOC Farm #11
Facility No. 82-340 Permit No. AWS 082340
Sampson County
Dear Mr. Nordin:
You are hereby notified that, having been permitted to have a non discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On June I9, 2001,, staff from the Fayetteville Regional Office of the Division of Sol] and Water performed an
operation review of Farm #13 in Sampson County. The inspection revealed that the PAN rate for wheat had been
exceeded by 2, 13, and 14 pounds, per the CAWMP for this facility, on pulls #8, 7, and 6, respectively. Also
noted during this inspection was a hydraulic overapplication on pull #4 where 1.34 inches/acre was applied. This
is a violation of the General Permit issued to this facility under Section 11., Operation and Maintenance
Requirements, Number 4., which states: "Land application rates shall be in accordance with the CAWMP. In no
case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff
during any given application." This inspection also revealed that the last soil test for this farm was taken in 1999.
Th,e Division of Water Quality requests that the following item(s) be addressed:
1. Avoid overapplication of nitrogen either agronomically or hydraulically.
2. Overapplication shall be reported to the Division of Water Quality as required by the General Permit.
3. Soil samples shall be taken in a timely manner every 12 months.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043
PHONE (910) 486-1541 FAX (910) 486-0707 N�'WW.ENR.SI'ATE.NC.I JS,'FNR/
AN F,QUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Mr. Nordin
7-23-01
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Please provide this office with a written response on or before August 6, 2001 as to the actions taken or
proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please
do not hesitate to contact me at (910) 486-1541.
Sincerely,
M. Paul Sherman
Environmental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Wilson Spencer -Sampson Co. NRCS
Central Files -Raleigh
State of Norfh Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Soil & Water Conservation
July 12, 2001
Mr. David Nordine
P.O. Box 487
Warsaw, North Carolina 28398
SUBJECT: Operation Review Notice of Referral for
Farm #11,
Facility Number 82-340
Sampson County
Dear Mr. Nordine,
NCDENR-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DENR-FRO
JUL 13 2001
--�___ Av
on,
On June 19, 2001, an operation review was conducted of Farm #11, facility number 82-340, in
Sampson County. This review, undertaken in accordance with G.S. 143-215.10D, is one of
two routine site visits scheduled for all subject animal operations in 2001. Staff from the
Division of Water Quality will conduct a separate compliance inspection.
During the operation review, the following items were noted:
• Pull #6 Wheat — 6.15 acres - up to 141 lbs./acre of nitrogen is allowed. 154.7 lbs -/acre
of nitrogen was applied causing an over application of 13.7 lbs./acre.
• Pull #7 Wheat — 5.46 acres - up to 141 lbs./acre of nitrogen is allowed. 154.02 lbs./acre
of nitrogen was applied causing an over application of 13.02 lbs./acre.
• Pull #8 Wheat — 5.07 acres — up to 141 lbs/acre of nitrogen is allowed. 143.01 lbs/acre
of nitrogen was applied causing an over application of 2.01 lbs./acre.
• Pull #4 Wheat --- 36469 gals/acres was applied. This comes up to 1.34 inches/acre. The
maximum allowed by the waste plan is 1 inch/acre.
• The last soil sample for this farm was dated 11-23-99.
225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541
FAX 910-486-0707 An Equal opportunity Affirmative Action Employer
Mr. David Nordine
July 12, 2001
Page 2
It was for these reasons that your operation was referred to the Division of Water Quality for
further investigation and possible enforcement action. G.S. 143-215.10E requires staff from
the Division of Soil and Water Conservation to notify the Division of Water Quality and the
owner/operator of these observed violations.
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with
this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any
questions, concerns or need additional information.
Sincerely,
Trent Alien
Environmental Engineer
cc: CP_auER, a s, Division of Water Quality
Wilson Spencer, Sampson Soil & Water Conservation District
David Nordine, Browns of Carolina, Inc.
Carroll Pierce, Division of Soil & Water Conservation
225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541
FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer
Facilitv Number 82 340 Date of Visit: 6 19-2001 Time: 10:30 Printed on: 7/11/2001
Q Not Operational 0 Below Threshold
® Permitted 13Certified ® Conditionally Certified [3Registered Date Last Operated or Above Threshold: .........................
Farm Name: FairataAl......................................................................................................... County: S.amps.oig ........................................... FRO............
Owner Name:
................... Phone No: 9tQ-25-X.800..................................
MailingAddress: r.Q.&X-497............................................................................................. Wax;yaw..NK............................ .............................. 20.39.8 .............
Facility Contact:V;tvld.iNordinc.................... ....Fitle:....................................... Phone No:...................................................
Onsite Representative: ) OXI.La.CQ?...................... ..... ..... ... Integrator:UX±RY. n's.91.Carolina,.LAIC.......................
.............................. ....... ........... ..........
Certified Operator:G1, yjou.................................. rAUjr'Pjhy ........................................... Operator Certification Number:18.7.75 .............................
Location of Farm:
iR 1901 approx. 4 miles S. of Faison A
w
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 •F OS 4 00 u Longitude 78 ' 12 r 30 "
Design Current
Swine ('anacity Pnnulatinn
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
® Farrow to Feeder 2000
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Caoacitv Population
❑ Layer I I ❑ Dairy I I :j
❑ Non -Layer I Non -Dairy
❑ Other
Total Design Capacity 2,000
Total SSLW 1,044,000
Number of Lagoons 1E1 Subsurface Drains Present ❑ Lagoon Area I0 Spray Field Area
Holding. Ponds / Solid Traps JE1 No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑Yes No
c. If discharge is observed, what is the estimated flow in gal/min? n/a
d. Does discharge bypass a lagoon system? (if yes. notify DWQ) ❑ Yes ® No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes N No
Structure 1 Structure 2 Structure 3 Structure 4 Stnicture 5 Structure 6
Identifier: ....................
Freeboard (inches): 30
05/03/01 Continued
Facility Number: 82-340 Date of inspection 6-19-2001 Printed on: 7/11/2001
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
4. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ® PAN ® Hydraulic Overload
12. Crop type Soybeans
Wheat
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ®No
® Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ®No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19_ Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes IN No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to question t#): Explain any YES answers andlor.any recommendations or any other comments.
Use. drawings of facility to better explain situations. (use additional pages as nelcessary): Field Copy ❑Final Notes
11- Field #4 wheat crop applied 36469 gals/acre = 1.34 inches/acre. Keep applications under 1 incb/acre. This is 10% over the allowed 1
inch/acre and will be referred to DWQ.
Pull #6 - Wheat - 6.15 acres is allowed up to 141 lbs/acre of nitrogen. 154.7 lbs/acre of nitrogen was applied. 13.7 lbs/acre of nitrogen
as over applied.
Pull #7 - Wheat - 5.46 acres is allowed up to 141 lbs/acre of nitrogen. 154.02 lbs/acre of nitrogen was applied. 13.02 lbs/acre of nitrogen
as over applied.
Pull #8 - Wheat - 5.07 acres is allowed up to 141 lbs/acre of nitrogen. 143.01 lbs/acre of nitrogen was applied. 2.01 lbs/acre of nitrogen
was over applied.
.r
Reviewer/Inspector Name Trent Allen
Reviewer/Inspector Signature: Date:
05/03/01 Continued
FacilityNumber: 82-340 Date of Inspection 6-19-2001
Printed on: 7/11/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
Additional omments and/orDrawings:
19- The last soil sample was dated 11-23-99. Take soil samples once a year on all spray fields.
+
note: The waste plan is using higher nitrogen rates on soybeans than allowed in the new waste plan software and will be looked at at
a later date. Full season beans were used instead of double crop beans.
05/03/01
North 1!1a
Department of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
July 23, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown, LLC
Attn: Mr. Dave Nordin
P_ O. Box 487
Warsaw, NC 28398
SUBJECT. NOTICE OF DEFICIANCY
BOC Farm #11
Facility No. 82-340 Permit No. AWS 082340
Sampson County
Dear Mr. Nordin:
e;�n
NCDENR
You are hereby notified that, having been permitted to have a non discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On June 19, 2001, staff from the Fayetteville Regional Office of the Division of Soil and Water performed an
operation review of Farm #13 in Sampson County. The inspection revealed that the PAN rate for wheat had been
exceeded by 2, 13, and 14 pounds, per the CAWMP for this facility, on pulls #8, 7, and 6, respectively. Also
noted during this inspection was a hydraulic overapplication on pull #4 where 1.34 inches/acre was applied. This
is a violation of the General Permit issued to this facility under Section II., Operation and Maintenance
Requirements, Number 4., which states: "Land application rates shall be in accordance with the CAWMP. In no
case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff
during any given application." This inspection also revealed that the last soil test for this farm was taken in 1999.
The Division of Water Quality requests that the follpwing item(s) be addressed:
1. Avoid overapplication of nitrogen either agronomically or hydraulically.
2. Overapplication shall be reported to the Division of Water Quality as required by the General Permit.
3. Soil samples shall be taken in a timely manner every 12 months.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043
PHONE (910) 486-1541 FAX (910) 486-0707 W WW.FNR.STATE.NC.IIS/FNR'
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER I'APER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Mr. Nordin
7-23-01
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or anv past or future violation. 'Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Please provide this office with a written response on or before August 6, 2001 as to the actions taken or
proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please
do not hesitate to contact me at (9 10) 486-154 1.
Sincerely,
M. Paul Sherman
Environmental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Wilson Spencer -Sampson Co. NRCS
Central Files -Raleigh
I Carolina
ep_rtment of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
January 18, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Greg Brown
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820340
BOC Farm # 11
Facility No. 82 - 340
Sampson County
Dear Mr. Brown:
ern
NCDENR
You are hereby notified that, having been permitted to have a non -discharge permit for the -
subject animal waste disposal system pursuant to 15A NCAC 2H.0217, you have been found to
be in violation of your 2H.0217 Permit.
On December 19, 2000, staff from the Fayetteville Regional Office of the Division of
Water Quality were notified by Brown's of Carolina that a discharge of wastewater had
occurred from a broken recycle line at a flush tank on the Brown's of Carolina Farm # 11 in
Sampson County. The inspection by Mr. Kevin Weston (Brown's of Carolina) confirmed that
the discharge resulted in wastewater entering a ditch that discharges into Mill Swampr. The
ditch was reported to have been blocked and the wastewater and freshwater were pumped into
the adjacent spray field.
The Division of Water Quality requests that the following items be addressed:
Immediately evaluate and determine what corrective actions can be implemented to
prevent wastewater from entering the ditch in the future.
225 GREEN STREET- SUITE 7141 SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043
PHONE (910) 486-1541 FAX (910) 486-0707 WWW E_ , ATE. . QSI : '
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED110% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Page 2
BOC Farm # 11
January 18, 2001
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Robert Heath, Environmental Specialist or myself at (910) 486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Row ,
OF CAROLINA
JpL
December 000
Paul Rawls
Water Quality Regional Supervisor
N.C. Dept. of Environment and Natural Resources
225 Green Street, Suite 714 / Systel Bldg.
Fayetteville, NC 28301-5043
Dear Mr. Rawls,
r- %0.17 C J V It= D
2 7 2000
FAY i~T'i EVR-LE
APP n!:1:ri=
This letter is to notify DWQ of the discharge that occurred at BOC # 11, facility # 82-340 on
Monday, December 19, 2000 around 8:00 AM.
This discharge occurred at a broken recycle line that supplies wastewater to a flush tank near the
farrowing building. When the recycle pump started Monday morning, it pumped wastewater onto
the ground instead of into the tank. The wastewater made its way to a nearby surface water drain
that empties near the edge of the field beside the lagoon. From this point, the wastewater flowed
into a low wooded area and eventually made its way into a small (1-2' wide) intermittent ditch
that leads to Mill Swamp. The pump started around 6:00 AM and the farm manager found the
leak around 8:30 AM and immediately shut down the pump. It is estimated that approximately
900 gallons of wastewater was discharged onto the ground at the tank. It is estimated that
approximately half this amount may have entered the ditch. This is based on the distance from
the drain outlet to the ditch and the low wooded area that the wastewater had to cross before it
could enter the ditch.
As required by Brown's of Carolina, Inc. operating procedures, once the pump was shut down,
recovery efforts were started. Brown's of Carolina, Inc. staff worked to contain the wastewater
on site by placing earthen dams in the ditch. The dams were placed on either side of the tile
under the farm path. Once the wastewater was contained, pumps were used to pump the
wastewater and the existing freshwater out of the ditch and into an adjacent spray field. Water
was pumped until the remaining water in the ditch appeared clear. DWQ was notified around
noon and again around 4:00 PM Monday afternoon. The recovery of this wastewater was
difficult as the wastewater mixed with the existing freshwater in the ditch. The dams were
removed from the ditch around 9:00 AM Tuesday.
It is believed that the strong whipping winds on Sunday contributed to the recycle line breaking.
To ensure that this problem does not recur, the broken line was replaced with a new line. Also,
additional supports were installed to aid in holding the line in place so that any movement is
minimized.
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910) 295-1800
It is unfortunate that this incident occurred; however everything possible to contain and recover
the wastewater was done, thus minimizing any potential impact to the environment. With this in
mind, much consideration is warranted prior to the issuance of a Notice.
Thank you for your consideration in this matter. If you have any questions regarding this matter,
please call me at (910) 296-1800 ext. 238.
Sincerely,
Kevin Weston
Environmental Compliance
Manager
CC: Greg Brown
Gus Simmons
March 8, 1999
Mr. Robert Heath
DENR - DWQ
225 Green Street
Suite 714
Fayetteville, N.C. 28301
Dear Mr. Heath:
o ,
RECEiVE!3
41AR 0 9 1999
FAY�yj�
REG, OFFICE
This letter is in response to the "Notice of Deficiencies" you requested for farms BOC 13, 82-
341, BOC 14, 82-443 and BOC 11, 82-340.
We have made great progress in lowering the lagoons down to the required freeboard. Our farm
personnel have used all available good days on which to pump. All three farms are at the
required freeboard and the required records are on site at each farm.
At Farm 11, the grass will be sown at the earliest seeding date for bermuda grass. We will also
mix some hybrid sorgham for quick temporary coverage.
If you have any continents or additional suggestions, please let me hear from you.
Thank you again for your help.
Sincerely,
J' y nson
evelopment Manager
Brown's of Carolina, Inc.
JV/ep
cc: Glenn Davis
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910) 296-1800
k
i l
io
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
�,. a
2. Establish a suitable cover grass on the backslope of the lagoon dike for
=
DM SION OF WATER QUALITY
' =
February 12, 1999
JAMES S. HUNTJR."^'. -'
below as to the actions taken or proposed to be taken to resolve this
;GOVERNOR,
CERTIFIED MAIL
REJURN RECEIPT REOLIESTED
these deficiencies.
r.: '. ._ . .-
att: Mr. Jimmy Vinson
WAYNE McDEvrrr'..,.'.
SECRETARY --
Brown's of Carolina
hs,
':`
P.O. Box 487
_ - :•, _
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Farm # 11 Swine Facility
- -
Registration No. 82-340
t 1 _
Sampson County
s,
Dear Mr. Vinson:
~
AN EQUAL OPPORTUNITY / AFPIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CON3UMER PAPER
On February 8, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Browns of Carolina # I 1 Company
swine facility. It was observed that the lagoon freeboard was less than the
r j =
required minimum according to the lagoon level indicator and that the
backslope of the lagoon dike needed a suitable cover grass established to
control erosion. In regard to the deficiencies noted during the inspection,
the following actions are requested:
1. Immediately begin lowering the lagoon level to the required freeboard
on a suitable spray field with the required crop as weather permit.
2. Establish a suitable cover grass on the backslope of the lagoon dike for
=
erosion control as soon as weather permits.
' =
Please notify this office on or before March 12, 1998 at the address
below as to the actions taken or proposed to be taken to resolve this
deficiency. Nothing in this letter should be taken as absolving this facility of
the responsibility and liability of any violations that have or may result from
these deficiencies.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-488-1541 FAX SIO -486-0707
~
AN EQUAL OPPORTUNITY / AFPIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CON3UMER PAPER
Mr. Jimmy Vinson
Page 2
February 12, 1999
If you have any questions concerning this matter, please call Robert Heath, at (910) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. MRCS