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HomeMy WebLinkAbout820340_ENFORCEMENT_20171231OHT HCAROLINA� Department of Environmental Qual ,. . ,. ---., r, /J �Y - Air • a' 7 •'L .r rr 4 rl •y._` J a _ , ��_ s� r l � _ .. .Y��I �.. -.. :: �� �= - - �. 6� F� r'L'M -a.t. � �_ M i- } ti ,��4�? PP Ty A _ _ `r - .jam '. `*'yFT' �l ` �lH � ' M `. { /: 1�. � .�- c 1pb �3 `s -.f ... idi � t:�.`.- r.�jg� s- _S� �' u ■A �' .may ♦i i _8' � �� :r v;"l"; _. ._ �� �4. s. ��. _, B � .. .- E R ,of ,e J f. �,,� r �I• r:� {{�` +' f � �•� 7 � r#_moi � L. •'. r 1V +,• � fir `'_ { � � f�,t 43!:N 102 lKs� S N � . r`� • .r.' -"+.Iwo.. _... nriN�wa;1'su;'.�'kKr'i{�' . ' er `'* _ e, ..,jam 1 yr •r T'I�M,nrJ� IAnn?}P,. "i;.�"�T...ib18.��rJ16�i" .i.. �44 �• :� mit ._� �' f � 3 i!•".- 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" vA g cop : ' ._E' � •' ! � ��, � � `� ,' r:� `"fid � • 1 ) -r„ y_s�w " - .1 �;i Y � �' Iwa•u(j�' , J fx3T,j+Y' 's' w',v iiiawii�' } i- • � 1 �2� +r9iPo Yrg f , 1 , � 1 •W� . A. l ;i hy� I All t' fl i ti r .r ��.� tlEt, 1,. ''i,'i. i9.+c�� S.or 'z � .� y i. e•w ,✓'+`: y I �r°..J �' , .. "#;P S ' : ��i , � ,t x �. L i + 'i� I f4 � r � � +� • � . , .. ...." ,^'�...a`."P'�i'4'I.•, 4 to i A e'+{ � y T P ' .� 3^' i I %`�' 1 l'I�' I f . , S� �' � f1 •'1 �.,� .`_ .'' . l A .. ' I � I 11 k�" L# �b t ���, �{ y .� �i S re°' .. ''�, Y11 'iY .� 't 1.':i4;"ti.� :'1!N �'� 1 ,r u/!Pxk �i� •,?D'. P 4p NCI, ►.�+Ltv'r;m.b,l. t&.� ` ��, .p x ir��T �"�� ,�Y'1-..r' , , r \ p ;,y a+, ,Ef% "'" ;.i r :�r3�yrs- r. � Ito . � 7 '>.. ' � � { ' ( .. i � \ _ ;.+. PF+�';'e r# �aan."C'v ,` I ,C � �� -L I =1,'r�. ��! •r?�, )� _ 4•:.. . r , , 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. 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'[s# a keF �, , ,+ r'"''b a ,'R- ° r'F rs•, � L 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 --o 3 Date �!;, q , V, A' V toW. fv.:I, Vw. Ir. -AIR, 0;j,' �?e A� ,,f .-V .,,v �i. ej -to, CR Ti 917F��nl tf zP f,4G R-31 wmi, 4P V; .4, 1. 4 1 'm" Xf e ke :1 IT rA- ;1 10-L z op 11% je 71 A�i� —.j At, ��f mx t J J� AM n mi , I U V- r AA ; NCDENR 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 1.12 '1r;lal Residua mR/L ' i.ral SIOstauulyd Mrsidue "Ig/l. !h•lergenry APIAS mg1L (MA. Un -low mg& 1 7bra11'Irn.cl,hn, l'Irr•nuls 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