310006_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Out

O�O� WA r�RQG
f
AUG 2 2 2002 + :
LLI Michael F. Easley
"'rat Governor
William G. Ross Jr., Secretary
-Department of Environment and Natural Resources
0 'C Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. John Bizic
Murphy Farms, LLC
P. 4. Box 759
Rose Hill, NC 28458
Dear Mr. Bizic:
August 20, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
Smith -Alderman Farm
Farm #31-6
Duplin County - .
File No. DV 01-021
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $4,742.62.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your
check navabie to the Department of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 143B-282. i (c). -
NCQENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/AffirmativeAcfion Employer
50% recycled / 101% post -consumer paper
http✓/h2o. enr statanc. us

If you choose to present your request to the committee, please notify DWQ within 30 days of.
receipt of this Ietter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter. If you would like a receipt that your check was
received, please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
I&r,- "'&:�
Alan W. Klimek, P.E.
AWK/scl
cc: Rick Shiver, Wilmington Regional Supervisor
Stoney, Mathis�WIRO
iI i V 01-021
Central Files

of W a rFR Michael F. Easley
Govemor
t/J William G. Ross Jr., Secretary
VVV �i 4 200
a Department of Environment and Natural Resources
O U Alan W. Klimek, P.E. Director
Division of Water Quality
_o.: July 26, 2002
Mr. John Bizic
Director, Land and Nutrient Management
Murphy Farms LLC
P. O- Box 759
Rose Hill, NC 28458
RE: Remission Request
Smith -Alderman Farm
Farm # 31-6
Dupiin County
File # DV 01-021
Dear Mr. Bizic:
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
August 8, 2002, and you will be notified about the Division's decision concerning remission. If
you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Rick Shiver, Wilmington Regional Supervisor w/attachment
Stoney Mathis, WIRO w/attachment
Central Files
File # DV 01-021 w/ 3 attachments
Customer Service: Mailing Address. Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal OpportunityI Affim7ative Action Employer
50% recycled/ 10% post -consumer paper
http:/Ih2o.enr.state.nc. us
A IA
NCDENR
Location:
512 N. Salisbury 5t.
Raleigh, NC 27699-1617

State of North Carolina
Department of Environme�
and Natural Resources JUN 2 7 2002
Division of Water Quality I!
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
Mr_ Kraig Westerbeek
Murphy -Brown LLC
P.O. Box 759
Rose Hill, NC 28458
Dear Mr. Westerbeek:
� *
IL
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 26, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 31-6
Duplin County
File No. DV 01-021
This letter transmits notice of a civil penalty assessed against the South -Alderman Farm
in the amount of $4,742.62 which includes $742.62 in investigative costs_ Attached is a copy of
the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone (9I9) 733-5083 Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh., NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. enr. state. nc. us

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR _
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
1f you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Ms. Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
ATTACHMENTS
cc: Rick Shiver, W1R0 Regional Supervisor w/ attachments
Stoney Mathis, WIRO w/ attachments
File # DV 01-021 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

i
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADM[INISTRATIVE HEARING AND
PERMIT NO. NIA ) STIPULATION OF FACTS
FILE NO. DV 01-021
Having been assessed civil penalties totaling — $4,742.62 for
violation(s) as set forth in the assessment document of the Division of Water Quality dated,
June 26, 2002 , the undersigned, desiring to seek remission of the
civil penalties, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document.
This the day of , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN -
File No. DV 01-021
IN THE MATTER OF )
QUARTER M FARMS, L.L.C. AND )
MURPHY-BROWN, L.L.C.
} 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, I, Dennis
R. Ramsey, Assistant Chief of the Non -Discharge Branch of the Water Quality Section of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Quarter M Farms, L.L.C. and Murphy -Brown, L.L.C. are limited liability
companies organized under the laws of the State of Delaware. Murphy -Brown,
L.L.C. is the current manager of Quarter M Farms, L.L.C. Quarter M Farms, Inc.,
a North Carolina corporation, merged into Quarter M Farms, L.L.C. on or about
May 1, 2001.
B. Quarter M Farms, L.L.C. formerly owned and operated the Smith -Alderman
Farm, a swine operation located along SR 1128 in Duplin County. Quarter M
Farms, L.L.C. sold the farm in August 2001.
C. Quarter M Farms, Inc. was issued Certificate of Coverage AWS310006 under
General Permit AWGI60000 for the Smith -Alderman Farm on June 22, 1998,
effective June 22, 1998, with an expiration date of April 30, 2003. This permit
does not allow the discharge of waste to waters of the State.
D. On June 12, 2001, DWQ staff observed a discharge of wastewater by the Smith -
Alderman Farm from a sprayfield to an unnamed tributary to Doctors Creek,
which are Class C Sw waters of the State within the Cape Fear River Basin.
E. Neither Quarter M Farms, L.L.C. nor Murphy -Brown, L_L.C. had a valid permit
for the above -described activity.

F_ The cost to the State of the enforcement procedures in this matter totaled $742.62.
Based upon the above Findings -of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Quarter M Farms, L.L.C. and Murphy -Brown, L.L.C. are "persons" within the
meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).
B. An unnamed tributary to Doctors Creek 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. Quarter M Farms, L.L.C. and/or Murphy -Brown, L.L.C. 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 Quarter M
Farms, L.L.C. and/or Murphy -Brown, L.L.C. pursuant to G.S. 143-215.3(a)(9) and
G.S_ 143B-282.1(b)(8).
F. The Assistant Chief of the Non -Discharge Branch of the Water Quality 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, I make the following:
III. DECISION:
Accordingly, Quarter M Farms, L.L.C. and/or Murphy -Brown, L.L.C. are hereby assessed
a civil penalty of:
$ 00 0
$ 742.62
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G. S. 143 B-282. I (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 enfor�ient procedures.
6--Z,/, --oz
(Date)'
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
Water Quality Section
Division of Water Quality

(Q � "C
September 4, 2001
!u l uFIT017MR-Mi
Michael F. Easley
Governor
William G. Ross Jr., Secretary
North Carolina Department or Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
TO: Coleen Sullins, Chief
Water Quality Section
FROM: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
Quarter M Farms, Inc.
Smith -Alderman Farm
Facility Number: 31-6
Duplin County
Please find attached the subject enforcement report which was prepared by Mr. Stonewall
Mathis of the Wilmington Regional Office. The report concludes that Quarter M Farms, Inc.:
1) Violated North Carolina General Statute 143-215.1 by making an outlet into the
waters of the State without the appropriate permit.
2) Violated Part 11(4) of the General Permit by applying animal waste at land
application rates such that ponding and runoff resulted during a given application.
Mr. Mathis was driving by the referenced facility and observed that animal waste runoff
was occurring from a sprayfield onto which animal waste was being applied. The animal waste
runoff from the sprayfield discharged into a ditch along State Road 1128 and into waters of the
State.
It is recommended that appropriate civil penalties be assessed in accordance with North
Carolina General Statute 143-215.6A(a)(1) and North Carolina General Statute 143-215.6A(a)(2)
for the noted violations. It is also recommended that -all of the enforcement costs incurred in the
investigation be recovered in the amount of $742.62 pursuant to North Carolina General Statute
143-215.3(a)(9):
Wilmington Regional Office
127 Cardinal Drive Extension Phone: [phone]
Wilmington, NC 28405-3845 Fax: [phone]

Memorandum to Coleen Sullins
Smith -Alderman Enforcement Report
September 4, 2001
Page Two
If you have any further questions, please contact me at 910-395-3900.
ATTACHMENTS
S-\ WQSViNIMALSIDUPL1N12001131-6enf131-6memo
M. Wilmington Regional Office (entire package)

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator: Quarter M Farms, Inc.
Contact Person: Jeff Turner
Address: PO Box 759, Rose Hill, NC 28458
Facility Name: Smith -Alderman Farm
Facility 4: 31-6
Receiving Stream and Classification: UT- to Doctors Creek- & -Doctors Creek, Class C- Sw waters - - -
Regional Office: Wilmington
Inspector / Report Prepared By. Stonewall Mathis
Registered Agent: (if applicable)
Address: (if applicable)
Case Narrative: On June 12, 2001, Mr. Stonewall Mathis was driving by the referenced facility
and observed that animal waste runoff was occurring from a sprayfield onto which animal waste
was being applied. The animal waste runoff from the sprayfield discharged into a ditch along
State Road 1128 and into an unnamed tributary of Doctors Creek. Doctors Creek is classified as
C. Sw waters of the State within the Cape Fear River basin.
Farm and/or Company Compliance History: Include a copy of CAFO Designation letters,
previous NOV's _NOD's, previous civil assessments, etc -
Civil penalty assessment of 16,268.10 on May 23, 2000 for discharge to waters of the State
discovered on August 11, 1999. Notice of Violation and Recommendation for Enforcement
dated March 20, 2000 for runoff and discharge discovered on December 9, 1999. Notice of
Violation dated October 6, 1998 for various violations. Notice of Deficiency dated August 11,
1997 for various deficiencies.
Amount of Waste Discharge if applicable). If amount cannot be estimated what is the rate
of flow reaching surface water.
The amount of animal waste discharge that reached waters of the State was estimated to be 545
gallons.
Sample ResuIts (If applicable) with locations of samples taken noted in relation to
discharge point:
Sample "1" was taken in the drainageway in the application field just prior to the waste discharge
point from the field. Sample "2" was taken in the roadway ditch along State Road 1128 about 45
feet downstream of the point at which the drainageway from which sample "1" was taken
discharges into the roadway ditch. Sample "3" was taken in the unnamed tributary to Doctors
Creek about 300 feet downstream of Sample "2". Sample "Swamp" was taken from Doctors
Creek in an area which appeared to be a swamp; the sample was taken about 1250 feet
downstream of Sample "3". The results are as follows:

Sample Point' 1 , 2 3 _ Swamp
Fecal Coliform, 1,500,000 est. 2,100,000 >760,000 9091 est.
colonies/100ml
Nitrate+Nitrite Nitrogen, 3.80 2.80 1.93 1.02
NO3+NO2-N, mg/L
Ammonia Nitrogen, 196 196 133 4.7
NH3-N, mg/L
Total Kejeldahl Nitrogen, 364 266 196 57.1
TKN, mg/L
Total Phosphorus, P, mg/L 44.8 45.3 14.8 3.90
------------
Violator's degree of cooperation (including efforts to -prevent or restore) recalcitrance:
Violator failed to monitor spraying activities sufficiently to ensure proper waste application and
this failure resulted in runoff of animal waste and discharge of animal waste into waters of the
State. Violator did dam the ditch to prevent further discharge of waste to waters of the State and
also pumped contained waste onto the adjacent sprayfield as requested by Mr. Stonewall Mathis.
Fish kill observed? Y/N If yes, include report from WRC:
No fish kill was observed at the time of the inspection.
Mitigating Circumstances:
No mitigating circumstances.
Recommendation:
The Wilmington Regional Office is recommending assessment of civil penalties to the Director
of the Division of Water Quality pursuant to G.S. 143-215.6A.
Include a copy of the previously completed Animal Operations Inspection Form, pictures and
site sketch of waste flow if waste is discharged to surface waters. Also include violator's
response to Notice of Recommendation for Enforcement. If citing certified plan or permit
condition violations, include copies ofpermit or plan.
Assessment Factors required to be considered by G.S. 143B-282.1(b):
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:
The animal waste discharge caused elevated levels of fecal coliform and nutrients in the
waters of the State. These pollutants can be detrimental to the use and ecology of the
receiving waters.
2. The duration and gravity of the % iolation:
I estimate the duration of the discharge to be around five to six hours. Mr. Carter, the
operator, indicated that he had found the reel disengaged at 1230 to 1300 and said that he
hadn't been on the farm in an hour or two previous to this. I am estimating that the
discharge probably began around 1130 to 1230 and carried on until Mr. Carter blocked

the roadway ditch at around 1730. With respect to the gravity of the violation, this is a
serious violation. The operator failed to adequately monitor his application and as a
result runoff and discharge of animal waste into the waters of the State occurred.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect on surface water quality is documented under the sample results which are
shown above. The violation did not affect surface water quantity. The effects on ground
water are not documented or known. The effect on air quality seemed minimal at the
time of the inspection.
4. The cost of rectifying the damage: - -
The damage that was done by the animal waste which reached waters of the State cannot
be rectified. The violator did employ staff and equipment (shovel, pump, etc.) to dam the
ditch and reclaim the waste that could be reclaimed. The cost of this mitigation effort is
unknown to me but thought to be minimal.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance may be that amount of money that it
would cost to ensure that staff are properly trained and to ensure that there is a sufficient
amount of staff to perform sufficient monitoring of the application activities to ensure
that runoff and discharge of animal waste into the waters of the State does not occur.
This amount of money is unknown to me.
6. Whether the violation was committed willfully or intentionally:
The operator did not perform sufficient monitoring of the irrigation event to ensure proper
application of animal waste and prevent runoff and discharge. I do not know if 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:
Civil penalty assessment of 16,268.10 on May 23, 2000 for discharge to waters of the
State discovered on August 11, 1999. Notice of Violation and Recommendation for
Enforcement dated March 20, 2000 for runoff and discharge discovered on December 9,
1999. Notice of Violation dated October 6, 1998 for many violations. Notice of
Deficiency dated August 11, 1997 for various deficiencies.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $742.02, as follows:
Staff, Mathis, 12 hours @ $23.76/hour $285.12
Pictures 14 @ $035 each $ 490
3 @ $0.20 each $ 0.60
Samples 4 Fecal & 4 Nutrients @ S88/pair $352.00
Administrative Costs $100.00
Total $742.62
SAWQS1ANIMALS1DUPL1N1240IU 1-6enfl31-6enfrpt

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
QUARTER M FARMS, INC.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FOR VIOLATION OF NORTH CAROLINA
GENERAL_ STATUTE 143-215.1 FOR -
MAKING AN OUTLET INTO WATERS
OF THE STATE
FILE NO. DV
FINDINGS AND DECISION
AND ASSESSMENT OF
} CIVIL PENALTIES - - - - - - - - - - - - -
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, I, Gregory J. Thorpe, Ph.D., Acting Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Quarter M Farms, Inc., owns and operates the Smith -Alderman Farm, a swine animal
operation along State Road 1128 in Duplin County.
B. Quarter M Farms, Inc., was issued Certificate of Coverage AWS310006 under Swine
Waste General Permit AWG100000 issued pursuant to North Carolina General Statute
143-215.1 on June 22,1998, effective on June 22,1998, with an expiration date of April
30, 2003 for the operation of an animal waste collection, treatment, storage and
application system.
C. On June 12, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the
Division of Water Quality performed an inspection of the Smith -Alderman Farm animal
operation and the animal waste management system serving this operation. During the
inspection, it was observed that animal waste runoff from a sprayfield discharged into
an unnamed tributary of Doctors Creek. Doctors Creek is classified as C Sw waters of
the State within the Cape Fear River basin.
D. Quarter M Farms, Inc. had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $642.62.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Quarter M Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Doctors Creek and Doctors Creek are waters of the State
within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6). _ _ _ _ _ . _ . _
C. The above -cited discharge constitutes making an outlet into 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. Quarter M Farms, Inc. 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) may be assessed against a person who is required but fails
to apply for oz to secure a permit required by G.S. 143-215.1, or who violates or fails to
act in accordance with the terms, conditions, or requirements of such permit.
E. The State's enforcement costs in this matter may be assessed against Quarter M Farms,
Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. Pursuant to N.C. Gen. Stat. § 143-215.6A, the Secretary of the Department of
Environment and Natural Resources has the authority to issue civil penalties in this
matter. The Secretary has delegated this authority to the Director of DWQ pursuant to
N.C. Gen. Stat. § 143B-10.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Quarter M Farms, Inc. is hereby assessed a civil penalty of:
for of one violation of G.S. 143-215.1 for discharging
animal waste into the waters of the State without a permit.
TOTAL. CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 642.62 Enforcement costs
$ TOTAAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S. 14313-282. 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 resorting 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 w_-
as 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; and
(8) The cost to the State of the enforcement procedures.
(Date) Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
S:\WQS\ANIMALS\DUPLMOOO\31-6enf\31-6dv

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF } File No. PC
QUARTER M FARMS, INC. }
} FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS ) CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, I, Gregory J. Thorpe, Ph.D., Acting Director of the Division of Water
Quality (D WQ), make the following:
I. FINDINGS OF FACT:
A. Quarter M Farms, Inc., owns and operates the Smith -Alderman Farm, a swine animal
operation along State Road 1128 in Duplin County.
B. Quarter M Farms, Inc., was issued Certificate of Coverage AWS310006 under Swine
Waste General Permit AWG100000 issued pursuant to North Carolina General Statute
143-215.1 on June 22,1998, effective on June 22,1998, with an expiration date of April
30, 2003 for the operation of an animal waste collection, treatment, storage and
application system.
C. ConditionNo. I.2. ofthe General Permit incorporates by reference the Certified Animal
Waste Management Plan (CAWMP) for a facility and states that any violation of the
CAWMP shall be considered a violation of the general permit. The WUP is a
component of the CAWMP. The WUP for Smith -Alderman Farm states in part that
"The irrigation application rate should not exceed the intake rate of the soil at the time
of irrigation such that runoff or ponding occurs."

D. Condition No. II.4. of the General Permit states that "Land application rates shall be in
accordance with the Certified Animal Waste Management Plan. 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."
E. On June 12, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the
Division of Water Quality performed an inspection ofthe Smith -Alderman Farm -animal
operation and the animal waste management system serving this operation. During the
inspection, it was observed that animal waste runoff from a sprayfield discharged into
an unnamed tributary of Doctors Creek. Doctors Creek is classified as C Sw waters of
the State within the Cape Fear River basin.
F. The costs to the State of the enforcement procedures in this matter totaled $100.00
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Quarter M Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1
C. Quarter M Farms, Inc. violated Conditions No. 1.2. and II.4. of the
General Permit by applying waste at rates which resulted in ponding and runoff.
D. Quarter M Farms, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.5A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Quarter M
Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority
to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Quarter M Farms, Inc. is hereby assessed a civil penalty of-
- - - -. .-$ - -- - --
For - - - of one violation of Conditions No. I.- 2.- and II: 4.- of the
General Permit by exceeding land application rates which resulted in
ponding and runoff.
TOTAL CIVIL PENALTY, which is percent of the maximum
penalty authorized by G.S. 143-215.6A.
$ 100.00 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in G.S. 14313-282.1(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; and
(8) The cost to the State of the enforcement procedures.
(Date) Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality

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Smith -Alderman Farm C ° 1 or MCP
Facility # 31-6
Duplin County
June 12, 2001
� *, O Not to Scale
0 0 so $Q
Legend
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z Animal
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Direction
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1,2,3, Sample
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Smith -Alderman Farm
Facility # 31-6
Duplin County
* * June 12, 2001
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M
Legend
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4 Animal
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- Waters of
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Direction
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State Road
1128 —
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Spray application of animal waste onto Field 1 Hydrant 11 at the Smith -Alderman Farm, Facility # 31�
June 12, 2001 at approximately 1620.

AnimM waste p6nding in the sprayfield. Application of animal waste onto Field I Hydrant 11 shown in
,b , ackgrgund. Smith -Alderman Farm, Facility #31-6, June 12, 2001.'

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Spray application of animal waste onto Field 1 Hydrant 11 with animal waste in the drain; ewa . ; Animal
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waste from sprayfield from the drainageway which is near the extreme eforeground of the hotog ph. Smith -Alderman Farm, Facility2001.
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Mr. Anthony Carter, the operator who conducted the application event, is shown shoveling dirt into the
sprayfield drainageway to block the flow of animal waste and prevent further discharge of animal waste
from the sprayfield drainageway into the roadway ditch along State Road 1128. Smith -Alderman Farm,
Facility # 31-6, June 12, 2001.

Spray application of animal waste onto Field I Hydrant I 1 with animal waste in the drainageway. Animal
waste discharged from the sprayfield from the drainageway into the roadway ditch along State Road 1128
which is in the foreground of the photograph. Mr. Anthony Carter, the operator who conducted the
application event, is shown shoveling soil to block the drainageway and prevent further discharge from the
ditch. Smith -Alderman Farm, Facility#I31-6, June 12, 2001.
sprayfield to the roadway
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LOCATION:
TELEPHONE: -
TYPE OPERATION
SMITH / ALDERMAN FARMS
S.R. 1128 MAGNOLIA, NC 28453
[phone]
FEEDER - FINISH
- _ NUMBER OF ANIMALS: - 17,136 - -
(Design Capacity)
The waste from your animal facility must be land applied at a specified rate to prevent pollution
of surface 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. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special precautions, waste may be
applied to land eroding at up to 10 tons per year. 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 DEM regulations. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of nutrients for
crop production and to reduce the potential for pollution, the waste should be applied to a
growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the
waste or disking will conserve nutrients and reduce odor problems.
The estimated acres needed to apply the animal waste is based on typical nutrient content for
this type of facility. Acreage requirements should be based on the waste analysis report from
your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
21-1.0217 adopted by the Environmental Management Commission.
Page 1 1 M00202150126 i

17,136 animals X L2 (tons) waste/animal/year =
Amount of Plant Available Nitrogen (PAN) Produced Per Year
7,344 2.3
9,M animals X 2.Z lbs. PANlanimallyear =
Guide Std. 633) x .75 for 2-stage
32,558.4 (tons) waste/year.
16,891.2
16,891.2 lbs. PAN/year. (PAN from
33,782.4 N.C. Tech
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner
The following acreage will be needed for waste application based on the crop to be grown and surface
application:
Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Application
1
GoA
Bermuda H
325
23.601
7670
March -Sept
2
NoA
Bermuda G&H)
285
29.20
8322
March -_Sept
2
NoA
Matua (OS)
171
29.20
4993.2
Sept - April
3
NoA
Bermuda G
260
18.44
4794.4
March - Seet
UNC 1
AuB
Bermuda(H)
275
17.16
4719
March - Sept
1-3, UNC1
-
Small Grain G)
50
117.60
5880
Sept -April
4
AuB
Warm Season Grass H
200
7.30
1460
May -Aug
4
AuB
Small Grain G
50
7.30
365
Sept - April
5
AuB
Warm Season Grass H
200
2.50
500
May - Au
5
AuB
Small Grain G
50
2.50
125
Sept - April
6
AuB
Warm Season Grass H ,
200
6.86
1372
May-: Aug
6
AuB
Small Grain G
50
fi.86
343
Sept - April
Total 1 105.06j 40,543.60
*This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for. N must Lie baled on n realistic yield a0ectatlon.
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements.
Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of
North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses
Nitrogen.
M00202150127-
Page 2

Q ON
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowner must be attached)
(Required only if operator does not own adequate land [see
Required Specification 2D
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
110. Type Per Acre Itilized Application
See footnote for Table 1.
Totals from above Tables
Acres Lbs. N
- Utilized
Table 1 105.06 40,543-60
Table 2
Total 105.06 40,543.60
Amount of N Produced 33,782.40
Surplus or Deficit 6,761.20
NOTE. The Waste Utilization Plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over
application of nutrient or other elements.
-M002021501281
Page 3

See attached map showing the fields to be used for the utilization of waste water.
Field Soil Type
No.
Application of Waste by Irrigation
Crop Application Application
Rate (INHr) Amount (in.)
1
Go - No
Bermdua
0.5
.5-1.0
2,3
No
Bermdua
0.5
.5-1.0
4,5, 6 unci
AuB
-Warm Season Grass; Bermuda
0.5
.5-1.0
THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE
WILL BE NEEDED FOR DRY LITTER OR SLURRY.
**2 New Lagoons (primary), 1 secondary
Your facility is designed for M days of temporary storage and the temporary storage
must be removed on the average of once every $ MONTHS. In no instance should the volume
of waste being stored in your structure exceed Elevation *seguegoon design.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or
Soil and Water Conservation District office after you receive the waste analysis report for
assistance in determining the amount per acre to apply and the proper application rate prior to
applying the waste.
Narrative of operation:
Page 4 '1 M002021,5012.9 j

Mir— Av aA on-
'`
Y'M - aa+s9§*.
2
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
... _ _ - - . agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climatic conditions, and level
of management, unless there are regulations that restrict the rate of application for other
nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. (See "Weather and Climate in North Carolina" for guidance.)
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur in order to control odor or flies.
8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Page 5
M00202150130'

REQUIRED SPECIFICATIONS
(continued)
9 Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potential for leaching. 'Waste nutrient loading rates -on -these soils -should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
11 Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips).
12 Animal waste shall not be applied closer than 100 feet to wells.
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that courses no runoff or drift from the site.
16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system.
Page 6 A1002021501311

REQUIRED SPECIFICATIONS
(continued)
17 If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
18 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
- - - - - - - basis to prevent breakdowns, leaks and spills. A regular maintenande checklist should be
kept on site.
19 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied propellant with no further applications animal waste
during the crop season.
20 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
21 Waste shall be tested within 69 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
22 Dead animals will be disposed of in a manner that meets North Carolina regulations.
i M00202150132;i
Page 7

Name of Farm: Smith I Alderman Farms
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 utilization plan for the
- farm named above: I (we) know that -any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will bb 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 DEM upon request.
Name of Facility Owner. Quarter M Farms
(Please print)
Signature: Date:
1—IU—C]I
Name of Manager (If different from owner):
Signature:4IA&Mb,__ Date: L: 14-r- &1
Name of Technical Specialist: (Pleaseprfnt) Kraig A. Westei-beek
Affiliation: Murphy Family Farms
Address (Agency): P.O. Box 759
Rose Hill, NC 28458
Signature:
moo 202150133
Page 8

ANIMAL WASTE UTILIZATION AGREEMENT
(Needed only if addiional land has to be leased, etc.)
hereby give - -
permission to apply animal waste from his Waste Utilization System on acres
of my land for the duration of time shown below.
I understand that this waste contains nitrogen, phosphorous, potassium, and other
trace elements and when properly applied should not harm my land or crops. I also
understand that the use of waste will reduce my needed for commercial fertilizer.
Adjacent Landowner:
Waste Producer:
Technical. Representative:
SWCD Representative:
Terre of Agreement:
d
Date:
Date:
Date:
Date:
, 19 to
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2)
r�
Page 9 ; MO0202150135 j

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Type of Visit 6Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification j'Other ❑ Denied Access
Facility Number G� Date of Visit: to i� i Timr: = 65 Printed on: 7/21/2000
Q Not Operational Q Below Threshold
❑ Permitted 13 Certified 0 Conditionally Certified [3 Registered Date Last Operated or Above Threshold: .........................
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...................................................
MailingAddress: .........................�........,...�........................................._..__._.................
Onsite Representative: ,. ?.thy .. i' �.4`7 .�. .� [;'!c!�G�1 rv�� il.,................
Certified Operator:
Location 'of Farm:
Integrator:...r'7'� ttiL irnc' q
......I...............................................
Operator Certification Number:...
l�
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' �° �•� Longitude •
Design Current
'.-Swine Capacity Population
Wean to Feeder
❑ Feeder to Finish
Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
Gilts
Boars
Design Current Design qurrent
Poultry Capacity Population Cattle Capacity Population
❑ Layer 1 ❑ Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity
Total SSLW
Em.
: Number o[La Dons ❑ Subsurface Drains Present ❑ Lagnnn Area ❑ Spray Field Area
`Howg Ponds/ Solid TrapsNo Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? evYes ❑ No
Discharge originated at: ❑ Lagoon Spray Field [I 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. II'dischargc is observed, what is the CAimated flow in galhnin•? 0.5
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any pan 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
hVaste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identif icr:........................................................
Freeboard (inches):

ber: 3 ] — Date of Inspection
re any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
there structures on -site which are not properly addressed and/or managed through a waste management or -
are plan? ❑ Yes ❑ No
(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?
❑ Yes
❑ No
S. Does any part of the waste management system other than waste structures require maintenancelimprovement?
❑ Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
.11. Is there evidence of over application? _ ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes.
❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management PIan (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?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
18. Does 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, freeboard, 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
❑ 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?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? -
❑ Yes
'Wlo
24. Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
1'd-yib a{iQns:e def d ' U'e* •v... pater s 0ift this'Adt; - Y:oi� wit( teOKO pR futtt�or •'
correspondence about this visit.
meats {refer to questEori #) rE _platy any YES answers and/or any recommendations or.
Ira�vingss of facility to Bette a plain situations `(use additional pages as necessary).'oo
444 spnj cerflfc4ivn oPant► zri Zvs e Geri onyx' f 71- I<nl.ed 41 1'c
re_*_ .s• idc. dgeA 41.e n[raPwed 10 r nef 4b5e_1'VCz1 el"l;^t.A1 wC,s4c
✓:i � wAs4c t„JAs G S 4cr4,qf r rr0+ .fo &I -A' ct4fr-
ellerb gnet C e^4, ►�vcA Pvl"I A ac A-vard 11 st.va^"f • Thy' d;saket oo e t.�la 3 60sr^VqCr(
.14 1css-Murk P00je,illleAd. (1Lfi4e,, 1,-1� S�zrvti�°Itl.�Pir--)vtc5 were 4ctkcfl
Reviewer/Inspector Name S114ha-.14,
Reviewer/Inspector Signature: 7111yalf _ Date: '
5/00

.,' vironmental Chemists, Inc,
6602 Windmill Way • Wilmington, North Carolina 28405
r+r.f
�; s j [phone] (Lab) • (9I0) 392-4424 (Fax)
[e-mail]
CONSULTING 'LJ`
CHEMISTS --- -� NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Stonewall Mathis
Date Sampled: 06/12/01
Sampled By: Stonewall Mathis
STREAM:
Date of, Report: June 26, 2001
Purchase Order #:
-Report Number: 1-3612
REPORT OF ANALYSIS
Report To: Stonewall Mathis
PARAMETER
Sample ID
1
2
3
Swamp
Lab ID
# 5994
# 5996
# 5997
# 5995
Fecal Coliform, colonies/100m1
1,500,000 est.
2,100,000
> 760,000
9091 est.
Nitrate + Nitrite Nitrogen, NO3 + NO2 - N
mQIL
3.80
2.80
1.93
1.02
Ammonia Nitrogen, NH3-N, mg/L
196
196
133
4.7
Total Kejeldahl Nitrogen, TKN mg/L
364
266
196
57.1
Total Phosphorus, P mg/L
44.8
45.3
14.8
3.90
Comments:
Reviewed by., Z4A)C'[C�,j7 J --� I a l (CL
r U

ENVIRONMENTAL. CHEMISTS, INC
r
Sample CallectiQn and Chain of Custoft-
DC NCDNRiDWQ CwtlAeale 094, Did Ca-flA o M3"20
6602 WindndU Way
Wilmington, NC 28405
Phone: [phone]
Fax; [phone]
gpaall;, Eehemwfl cons
Sample Identirication
Collection
h
a
PRESERVATION
ANALYSIS REQUESTED
DATE
TIME
TEMP
C
GLh
.Z
ST
G
cal
c18
z-
S T
CG
S
S
b
. i}T
C
lc.,
G
3
1
c
c
Fe cc, ]
G
5 i
C
-
G
C
P—
G
G
C
P
G
G
PjOTICE - DECHLORINATfON :Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 ppm or less in the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
DatelTline
2.
Temperature whe Received: 'Z' Accepted: �� Rejected: Resomple Requested:
Delivered By: Received By: Date: H7 -U Lne:..A.
Comments:

Michael F. Easley
Governor
William G. Ross Jr., Secretary
North Carolina Department or Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
July 10, 2001
CERTIFIED MAIL # 7000 1530 0001 0444 1930
RETURN RECEIPT REQUESTED
Mr. Wendell Murphy
Quarter M Farms, Inc.
PO Box 759
Rose Hill, NC 28458
Subject: Notice of Violation and Recommendation for Enforcement
Smith -Alderman Farm -
Facility Number. 31-6
Duplin County
Dear Mr. Murphy:
This is to notify Quarter Farms, Inc., who holds Certificate of Coverage AWS310006
under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General
Statute 143-215.1, of violations ofN.C.G.S. 143-215.1 and the General Permit.
On June 12, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the
Division of Water Quality performed an inspection of the referenced animal operation and the
animal waste management system serving this operation. During the inspection, Mr. Mathis
observed that animal waste runoff from a land application field discharged into an unnamed
tributary of Doctors Creek. Doctors Creek is class C Swamp waters of the State in the Cape Fear
River basin. This is a violation of N.C.G.S. 143-215.1 which requires that no person shall make
an outlet into the waters of the State without having obtained and abided by the appropriate
permit. This is also a violation of Part U. Operation and Maintenance Requirements, Section 4 of
the General Permit which requires that in no case shall land application rates result in runoffs
during any given application.
Be advised that this office is considering recommending assessment of civil penalties to
the Director of the Division of Water Quality for the above noted violations. These violations
may result in civil penalties of up to $25,000 per violation in accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
investigation in accordance with North Carolina General Statute 143-215.3(a)(9). This office is
Wilmington Regional Off -ice
127 Cardinal Drive Extension Phone: [phone]
Wilmington, NC 28405-3845 Fax: [phone]

Mr. Wendell Murphy
July 10, 2001
Page Two
in receipt of a letter dated June 15, 2001 from Mr. John Bizic in which he explains, estimates,
and details the action plan regarding the incident. If you have any further relevant information
for these violations that you wish to present, please submit your written response within ten days
of your receipt of this letter. Your response will be forwarded to the Director along with the
enforcement package for his: consideration.
Be advised that the Division of Water Quality may take further action in these matters
including assessment of civil penalties, injunctive relief, and permit revocation.
----------------------
If you have any questions concerning this matter, please do not hesitaie to call Mr_ _
Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. -539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Duplin County Soil and Water Conservation
Ronnie Kennedy, Duplin County Health Department
Kraig Westerbeek, Murphy -Brown LLC
John Bizic, Murphy -Brown LLC
Patrick Fussell, Division of Soil and Water Conservation, WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
Wilmirieori Files 31-6
S:IWQSIANEgALSIDUPLIN12001131-6novrfe

MUR P F1 Y
F A R M S. i N C
'E�=EIVED
JINN 2 0 2001
BY,
June 15, 2001
Mr. Rick Shiver
NCDENR - Division of Water Quality
127 Cardinal Drive Ext. Wilmington, NC - _ _ _ .. _ _ _ _ _ _ _ _ . _ _ . _ _ _ . _ - _ . .
28405-3845 -
RE. Smith -Alderman Farm #31-6 report for events of June 12% 2001
Dear Mr. Shiver:
Per permit requirements, the following explains, estimates, and details the action plan
regarding a field runoff on the afternoon of June 12', 2001.
OIC Anthony Carter began irrigating in the south spray field at approximately 9:58 AM
and, after checking the reel for proper operation, he shoveled an earthen -berm at the
end of a grassed waterway as a habitual precautionary measure. He then left to start
irrigating at a farm nearby. He returned approximately 2.5 hours later to inspect the field
and found that cattle had rubbed against the turbine causing it to disengage. He then re-
engaged and sped up the reel and did not see any runoff. He later left to check the other
farm and returned just as Inspector Stoney Mathis spotted water exiting the waterway
into a roadside ditch. Mr. Carter immediately tried to increase his berm, shut down the
pump, and contacted his supervisor for assistance. He then built a berm at the point the
roadside ditch enters a wooded branch. This contained water was pumped back onto
the field that evening and twice again the next morning.
Based on reel movement and travel speed, the OIC estimated the gun cart could have
stayed in one position a maximum of 1.5 hours. Our estimate of the amount that went
past our containment into the wooded branch beside the spray field is approximately
560 gallons. This is based on a visual estimate of 300-400 feet length, one foot wide,
and four inches average depth.
Due to our standard operating procedures of no irrigating with cattle in the field, field
checks every two hours, and immediately shutting off pumps in the event of any
problem, we issued the OIC a final written warning and are re -assigning him to another
department outside Land and Nutrient Management with no irrigation responsibilities.
If you have any questions or require any further actions please contact John Bizic or
Kraig Westerbeek at 910-289-6439.
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

a
Sincerely,
FohnBand Nutrient Director
Cc: Terry Coffey, Jeff Turner, Paul Faircloth, Don E
SENDER: COMPLETE THIS SECTION
C�OPLETE THIS SECTION ON DELIVERY
■ Complete i ems 1, 2, and 3. Also complete
A. Received by (Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
_
I
s
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
C. signature
❑Agent
© Addressee
D. Is delivery address different from item 1? © Yes
If YES, enter delivery address below: ❑ No
t. Article Addressed to:
%}]
Y () '1'4 <-- 7`j /
3. Service Type
1ZL%eR1fied Mail ❑ Express Mail
Wo
a ry /
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C-OM.
4- Restricted Delivery? (Extra Fee) ❑ Yes
[ 2. Article Number (Copyfromservice label)1 I4 I j 1 l 11�� 1 t " It 11 L
7 yam �� 3o n�i v 1%1,-
_ „
1 Ps•Form 3811, July 1999 '- Domestic Return Receipt 102595-99-M-1789

State of North Carolina
Department of Environment
and Natural Resources RECEIVED
Division of Water Quality
.111"; i; 1 2#JiJ�J
James B. Hunt, Jr., Governor
Bill Holman, Secretary I3Y:
Kerr T. Stevens, Director
MR: JEFF TURNER
MURPHY FAMILY FARMS
PO BOX 759
ROSE HILL, NC 28458
Dear Mr. Turner:
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCE5
May 30, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm #31-6
Duplin County
File No. DV 00-020
This letter transmits notice of a civil penalty assessed against the Smith -Alderman Farm
in the amount of $16,26$.10 including S3,518.10 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty. M
Within thirty days of receipt of this notice, you must do one of the following:
i . Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiverfonn).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% ren•cled / 10% post -consumer paper
http://`h2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation fora: and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of.
Mr. Steve Lewis
NCDENR
DWQ -
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
i"
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
F Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc:_;Rick-Shiver, Wilmington Regional Supervisor w/ attachments
File # DV 00-020 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

F OF NORTH CAROLINA
UNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTTIES AGAINST
PERMIT NO.
ENVIRONMENTAL MANAGEMENT
COMMISSION '
} WAIVER OF RIGHT TO AN
} ADMINSTRATTVE HEARING AND
STIPULATION OF FACTS
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. _
This the day of , 20
SIGNATURE
M900mTCR
TELEPHONE

'ATE OF NORTH CAROLINA
7UNTY OF DUPLIN
IN THE MATTER OF )
QUARTER M FARMS, INC. )
FOR MAKING AN OUTLET TO THE )
WATERS OF THE STATE OF )
NORTH CAROLINA )
WITHOUT A PERMIT )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-020
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Quarter M Farms, Inc. ours and operates the Smith -Alderman Farm, a swine
operation located along SR 1128 in Duplin County.
B. On August 11 and August 12, 1999, DWQ staff inspected the Smith -Alderman
Farm and associated sprayfields in response to a citizen complaint. Staff observed
a broken clean -out pipe and many small areas of ponded wastewater leading from
the broken pipe to an area between two lagoons. Staff observed evidence of flow
from the area between the two lagoons to a wetland area. Staff further observed a
discharge of wastewater from the wetland area to an unnamed tributary to Doctors
Creek which are Class C Sw waters of the State within the Northeast Cape Fear
River Basin.
C. On August 12, 1999, DWQ staff collected a surface water sample from the area of
ponded waste between the two lagoons at the Smith -Alderman Farm. The fecal
coliform bacteria concentration in the sample was 2,200,000 colonies1100 ml.
D. The water quality standard for dissolved oxygen within Class C Sw waters is not
less than 5.0 mg/1 for average daily values and not less than a minimum
instantaneous value of 4.0 mg/l; swamp waters ... may have lower values if
caused by natural conditions as set forth in 15A NCAC 2B.0211(3)(b).

E. On August 12, 1999, DWQ staff measured dissolved oxygen levels in the
unnamed tributary (UT) to Doctors Creek and in Doctors Creek using a calibrated
instrument. The measurements were made at an upstream location and at three
downstream locations. The results are shown in the following table.
Sample Location Dissolved Oxygen (mg/1)
Upstream 3.3
Downstream of discharge in UT at SR 1128 0.02
Downstream of discharge in UT at SR 1131 _ 0.02
Downstream of discharge in Doctors Creek at SR 1129 1.6
F. The water quality standard for fecal coliform bacteria within Class C Sw waters
shall not exceed a neometric mean of 200 colonies per 100 ml (200/100mI), based
upon five consecutive samples examined during a 30 day period, nor exceed
400/100m1 in more than 207c of the samples examined during a such period as set
forth in 15A NCAC 2B.0211(3)(e).
G_ From August 11, 1999 to August 17, 1999, DWQ collected surface water samples
from the unnamed tributary (UT) to Doctors Creek where the UT passed under SR
1131. The fecal coliform. bacteria results in units of colonies per 100 ml are
shown in the following table along with the geometric mean value of the results.
Date
Sample Station Fecal Coliform
8/11/99
LT at SR 1131 580,000
8/ 12/99
4.920,000
8/ 13/99
it1,100,000
8/ 16/99
9921,000
8/17/99
9653,000
Geometric Mean = 230,690 colonies/100m1
H. Quarter M Farms, Inc. had no valid permit for the above -described discharges.
1. The cost to the State of the enforcement procedures in this matter totaled
$3,518.10.

Based upon the above Findings of Fact, I make the following:
Il. CONCLUSIONS OF LAW:
A. Quarter M Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. An unnamed tributary to Doctors Creek 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 constitutes 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. Quarter M Farms, Inc. violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(b) on
August 12, 1999 when the water quality standard for dissolved oxygen applicable
to the unnamed tributary to Doctors Creek was exceeded.
E. Quarter M Farms, Inc. violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(e)
from August 11 to August 17, 1999 when the geometric mean water quality
standard for fecal coliform applicable to the unnamed tributary to Doctors Creek
was exceeded-
F. Quarter M Farms, Inc. 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 (S25,000.00) 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.
G. Quarter M Farms, Inc. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than
twenty-five thousand dollars (S25,000) per violation may be assessed against a
person who violates any classification, standard, limitation, or management
practice established pursuant to G.S. 1437214.1, 143-214.2, or 143-215.1.
H. The State's enforcement costs in this matter may be assessed against Quarter M
Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
1. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary .of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Accordingly, Quarter M Farms, Inc. is hereby assessed a civil penalty of:
$ eo � �Z S o . Inc) for making an outlet to the waters of the State without a
permit on August 12, 1999 as required by G.S. 143-215.1.
$ 3 TO . v p for one violation of G.S. 143-215.1(a)(6) and 15A NCAC
2B.0211(3)(b) by exceeding the water quality standard for
dissolved oxygen on August 12, 1999.
So , o p for one violation of G.S. 143-215.1(a)(6) and NCAC
2B.0211(3)(e) by exceeding the water quality standard for
fecal coliform bacteria over the time period from August 11
through August 17, 1999.
$ ,`750 , o oTOTAL CIVIL PENALTY, which is /W. Spercent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 1518.10 Enforcement costs
$ , Z 4M 8 , \ o TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-282. I (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.
(Date) Kerr T. Stevens, Director
Division of Water Quality
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State of North Carolina = -
Department of Environment
and Natural Resources = — — i •
Division of Water Quality
James B. Hunt, Jr., Governor
" Bell Holman, Secretary -
Kerr T. Stevens, Director
MEMORANDUM:
NCDENR
NORTH C,AROLINA DEPARTMENT Or
ENVIRONMENT AND NATURAL RESOURCES
November 9, 2000
To: Forrest WestaIl, Asheville Regional Office
Rex Gleason, Mooresville Regional Office
Jim Mulligan, Washington Regional Office
Larry Coble, Winston-Salem Regional Office
Ken Schuster, Raleigh Regional Office
Rick Shiver, Wilmington Regional Office
Paul Rawls, Fayetteville Regional Office
From: Joe Albiston
Water Quality Section
Re: Investigative Cost for Fast Tracks
The following equation should be used to calculate investigative costs for Fast Track Enforcement.
The equation includes the following NC State employee benefits 7.65 % social security, 7.13% retirement,
$187.98 per month for insurance and longevity if applicable.
Please advise all appropriate staff.
X = investigators annual salary
investigators Cost per hour = X + 0.0765X + 0.0713X +0 87,98 * 12) + (X * % longevity
2080
If you have any questions please call me. Thank you. I-) e, .i
Cc: Jeff Poupart
John Domey
Shannon Langley

State of North Carolina
Department of Environment REC 1 A; ! • •
and Natural Resources
Division of Water Quality AUGU0 L(111U
James B. Hunt, Jr., Governor CDENR
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
Certified Mail
Return Receipt Requested
Mr Robert Urell
Smithfield Foods Incorporated
200 Commerce Street
Smithfield, Virginia 23430
Dear Mr. Urell:
August 9, 2000
Subject: Non -compliant Swine Facilities
Permit Number NC 0078344
Bladen County
Your NPDES permit number NCO078344 issued June 1, 1999 for the TarheeI Division facility,
Special Condition A (5) requires that the facility not purchase for processing any swine finished
on a farm that has been finally assessed a Civil Penalty pursuant to General Statute 143=215.6A
for discharging animal waste to surface waters or wetland or overapplying waste. This
prohibition shall remain in effect for twelve months from the date of receipt of this letter.
The following farms have civil penalties finally assessed for discharging waste to waters of the
state:
Jenkins Farm Facility 66-49
Rt 1 Box 23
Woodland NC 27897
Brown's 7 & 8 Facility 52-42
PO Box 487
Warsaw NC 28398
Smith Alderman Facility 31-6
947 Powell Page Road
Rose Hill NC✓28458
Previously Notified in May 30, 2000 Letter
Added
Vref�]
William James Facility 31-36 Added
2478 Lightwood Bridge Road
Wallace NC 28466
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier 752-01-01
An Equal Opportunity /Affirnuuive Action Employer
50% ren•cled / 10% post -consumer paper
http://h20. enr.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

If you have any questions regarding this notification please contact Jeff Poupart with the Non -
Discharge Compliance and Enforcement Unit at [phone] x527.
Sincerely,
'Kerr T. Stevens
cc. Larry Johnson, Smithfield Foods
Non -discharge Compliance & Enforcement Unit
Wilmington Regional Office
Fayetteville Regional Office- - - - - -
Central files
NPDES Permit File
Washington Regional Office
Afailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North.Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunhy /Af rmative Action Employer
50% recycled / 10% post -consumer paper
hrtp.-I 20.en r. state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-16I7

State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR JEFF-TURNER
MURPHY FAMILY FARMS
PO BOX 759
ROSE HILL, NC 28458
Dear Mr. Turner:
A'I'V
74 01i 0 -
Yin
now
D E N R
July 13, 2000 ' 3 '' J V
SLBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-020
Duplin County
This letter is to acknowledge receipt of check No. 426593 $13,000.00 was
received on July 13, 2000.
You have now paid $13,000.00 toward the subject assessment. Payment of
these penalties in no way precludes further action by this Division for future violations
of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely,
Jeff Poupart
Non -Discharge Branch
SL/sr
cc: Wilmington Regional Office
Enforcement Files DV 00-020
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

case
r
Subject: Smith-AIderman Case
Date: Thu, 13 Jul 2000 09:49:28 -0400
From: Steve Lewis <[e-mail]>
To: Rick Shiver <[e-mail]>, Stonewall Mathis <[e-mail]>)
Dean Hunkele <[e-mail]>, Jeff Poupart <[e-mail]>
Received check for $13,000 today from Murphy Farms, Inc.
a
i of 1 07/13/2000 4:33 PM

NibURPHY
FAMILY FARMS
E C E I V E
LIAR 2 7 2000
March 24, 2000 o ECM
�
NCDENR - Division of Water Quality PnaJ
127 Cardinal Drive Ext. Wilmington, NC
28405-3845
RE: Smith -Alderman Facility # 31-6 NOV/RFF
Dear Mr. Shiver:
In response to your March 201h letter concerning the December 9' visit to the farm by Mr.
Matthis, consider the following:
1. We were greatly surprised by your letter because no irrigated water reached the
roadside ditch and l specifically said so to Mr. Matthis, pointing out that rainwater
runoff from the road drains to where our crossing into the spray field is, being
retained there because the crossover pipe is plugged. I received no reaction from
the inspector.
2. The "runoff' occurred due to our new irrigator pulling the gun cart of the reel out
about 20 feet too far, causing effluent to fill in some shallow depressions in the dirt
drive into the field from the highway. 1 reprimanded the new employee while the
inspector was present for not double checking his application. He had temporarily
left to check a farm up the road.
3. 1 was not advised of any ditch water samples being taken nor did I see or hear of
any justification for such. As you and your inspectors know, it is our policy to
always sample whenever and wherever you do.
4. 1 asked Mr. Matthis just before he left "is there anything else at all we need to do?"
and he said, "No, I don't know if anything will come of this." No mention was made
of filing a written report or of pumping the shallow roadside ditch water back to the
spray field, either of which could have been easily accomplished.
5. No action plan is needed since the system was shut down while the inspector was
on -site and the inspector suggested no direction for further corrective actions. We
directed the new irrigator to stay on -site and monitor applications until he gained
more experience, as I noted earlier.
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

While we regret our mistake due to inexperience, it does not warrant a NOV and we
respectfully request it be rescinded. If you have any questions or require any further
actions please contact John Bizic or Kraig Westerbeek at 91 0-289-6439.
Sincerely,
ohn Bizi� -
Land and Nutrient Manager
Cc: Garth Boyd
Paul 1=aircloth
Jeff Turner
Kraig Westerbeek
David Jones, Duplin County Soil and Water Conservation
Star Maready, Duplin CES
Steve Lewis, DWQ Central Office
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

2OU0
F A M I L Y F A R M S
March 22, 2000
Mr. Rick Shiver - - -
DWQ Regional Supervisor
127 Cardinal Dr. Ext.
Wilmington, NC 28405-3845
Subject: Response to your March 6, 2000 NOV and RFE for Smith -Alderman farm
Facility Number 31-6
Dear Mr. Shiver:
The purpose for my letter is to communicate actions taken at the Smith -Alderman farm to
correct the problems'noted in your March 6, NOV and RFE. The numbers on my response
correspond with the numbers in your last communication.
1 & 2) Please refer to my attached letter dated August 17, 1999 that was faxed and mailed to you
that same day explaining the circumstances. The situation was accidental and because the pipe
broke underground and the discharge was not enough to be apparent, it regrettably went
unnoticed.
3) Since the incident, 4" x 4" posts have been placed beside all clean out pipes to make them
more visible to those operating tractors and mowers. Additionally, areas around the pipes are
being mowed and/or sprayed during the summer. This action obviously will improve our ability
to inspect the pipes.
4) The first stage lagoon where the broken pipe discharged into, maintains a constant
freeboard level of 19". A transfer pipe takes the overflow into a lift station and then a secondary
lagoon. Because the freeboard is constant, we did not track the levels. At your request, we are
now recording the freeboard on this first stage lagoon.
5) Your office was not notified within 24 hours of the occurrence because the subcontractor
repairing the broken pipe did not detect any discharge to surface waters. The vegetation in the
area was tall and dense. Secondly there was no failure of a major component of the waste
treatment system affecting the facility's ability to store waste.
6) 1 did file a written report with you on August 17, 1999 which was five calendar days after
my first knowledge of the problem late in the evening on August 1 Ith, but a couple hours shy of
August 12`". Technically this does not comply, but I hope you will agree that I met the intent of
the rule. -
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

Shiver
Page 2
In addition, on August 160', 1999 I faxed you a memo which communicated the results
from the stream monitoring we performed over the weekend as a favor to you and your staff
which is evidence of our concern and desire to cooperate.
7) Regarding the OIC, we were in compliance with the permit because Michael Norris was
designated as the backup OIC. Please refer to the attached OIC spreadsheet which Raleigh DWQ
approved for use and was sent on April 16, 1999. The first three lines of the spreadsheet show
that Michael Norris was the backup OIC for facility 3I-6. Secondly the OIC rules Section
0201(a)(2) state that we have 30 days to designate a new OIC for a facility. At the time of the, -
incident, it had been less than two weeks since Ms. Battelle resigned.
I am sorry this accident occurred. The above actions detail actions that should prevent
another occurrence. Thank you in advance for your consideration of these actions and facts. I
am,
Sincerely our
Garth W. Boyd, Ph.D.
Director, Land & Nutrient Management
GWBxbc

State of North Carolina a
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
CERTIFIED MAIL #f Z 418 221342
RETURN RECEIPT REQUESTED
Mr. Wendell Murphy
Murphy Farms, Inc.
PO Box 759
Rose Hill, North Carolina 28458
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Subject: Notice of Violation & Recommendation for Enforcement
Smith -Alderman Farm
Facility # 31-6
Duplin County
Dear Mr. Murphy:
This is to notify Quarter M Farms, who holds a nondischarge permit for an animal waste
disposal system pursuant to 15A NCAC 2H .0200 and N.C.G.S. 143.215.1, of violations of Animal
Waste Permit AWS310006.
On December 9, 1999, Mr. Stonewall Mathis from the Wilmington Regional Office of the
Division of Water Quality inspected your animal operation and the animal waste management
system serving this operation. It was observed that animal waste was being land applied and leaving
the land application. site as runoff and discharging into a roadway ditch along NC State Road 1128.
This roadway ditch drains into an unnamed tributary of Doctors Creek. Doctors Creek is Class "C-
Swamp" waters of the State in the Northeast Cape Fear River Basin.
,y This is a violation of Part I. Performance Standards, Section 1 of Animal Waste Permit
AWS310006, which prohibits the discharge of waste from the animal waste management system.
This is also a violation of Part II. Operation and Maintenance Requirements, Section I of Animal
Waste Permit AWS310006, which requires proper maintenance and operation of the animal waste
127 North Cardinal Dr., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% rccycicd/10% past -consumer paper

Mr. Wendell Murphy
March 20, 2000
Page Two
management system. This also violates Part H. Operation and Maintenance Requirements, Section.
4 of Animal Waste Permit AWS310006, which requires that land application rates shall in no case
result in runoff during any given application.
Also, Part III. Monitoring and Reporting Requirements, Section 6 of Animal Waste Permit
AWS310006 requires that the Permittee file a written report to the appropriate DWQ Regional
Office within 5 caIendar days outlining the actions taken to correct the problem and ensure that the
problem does not recur. No such report was filed with the Wilmington Regional Office of the
Division thereby constituting a violation of this part of Animal Waste Permit AWS310006.
To correct these violations, please submit a Plan of Action to the Wilmington Regional
Office of the Division of Water Quality that describes the actions to be taken to comply with Animal
Waste Permit AWS310006. The plan should address the noted violations and include the following:
1. The procedures followed to immediately eliminate the discharge of wastewater.
2. A Iist of any and all modifications needed to ensure there will be no future discharges along
with a timetable for the completion of the modifications.
The proposed written plan of action must be received by this office within fifteen (15)
days of the receipt of this notice. Upon approval and implementation of the plan, you must
notify this office when the corrective actions are complete.
Please be advised that the Wilmington Regional Office of the Division of Water Quality is
considering submittal of a recommendation for enforcement action to the Director of the Division
of Water Quality. The -�— --'—
-�•s� 1--------+_ 7_�...1.,+;n.....---T.f :rnn�lh��ro_sn
explanation for these vieTHIS SECTION COMPLETE THIS SECT101v 01v _
Ian of action. Your e p y (please Print Clearly) B. Date of Delivery 1
p t ■Complete items 1, 2, and 3. Also complete A. � Received b
item.4 if Restricted Delivery appropriate, your explar: is desired.
■ Print your name and address on the reverse .
his consideration. so that we can return the card to you. C. Signature '
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
If the violations t Article Addressed to:
civil penalties, injunctiv
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2. Article Numl?er (Copy from service
�O Agent
T ❑ Addre
D. Is delivery add different from item �? ❑Yes
If YES, enter delivery address below: ❑ No
3. Service
ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
Ps Form 3811, July 1999
Domestic Return Receipt
102595-99-M-1789

Mr. Wendell Murphy
March 20, 2000
Page Three
If you have any questions concerning this matter please do not hesitate to contact either
Mr. Stonewall Mathis, of our Wilmington Regional Office at [phone] or Mr. Steve Lewis
at [phone], ext- 539. _ -
Sincerely,
c.
Rick Shiver
Regional Water Quality Supervisor
cc: Harold Jones, Duplin County Soil and Water Conservation
Star Maready, Duplin County Cooperative Extension
DWQ Non -Discharge Operations Branch File
DWQ Wilmington Animal Files 31-6
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■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
of "on the front if space permits.
1. Article Addressed to:
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A. Aeceived by (Please Print Clearly) B. Date of Delivery
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Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Servir!jyp.
WWOLTnified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article N ber (Copy from servja label
PS Form 3811, July 1999 Domestic Return Receipt =595-99-M-1789

State of North Carolina
L Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Govemor
Bill Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
March 6, 2000
Certified Mail # Z 418 221 339
Return Receipt Requested
AT:: .
NCDENR
ENvtRONMEN-r Awo NA uRAI R--sOURC£S
Mr. Wendell Murphy -
Murphy Family Farms
PO Box 759
Rose Hill, North Carolina 28458
Subject: Notice of Violation & Recommendation for Enforcement
Smith -Alderman Farm
Facility Number. 31-6
Duplin County
Dear Mr. Murphy:
This is to notify Quarter M Farms/Murphy Family Farms, who holds a non -discharge permit for an
animal waste disposal system pursuant to 15A NCAC 2H .0200 and North Carolina G.S.143.215.1, of violations
of Animal Waste Permit AWS310006.
On August 11,1999, Mr. Dean Hunkele and Mr. Stonewall Mathis from the Wilmington Regional Office
of the Division of Water Quality responded to an anonymous complaint received at approximately 5:15 p.m.
A significant discharge of animal waste to an unnamed tributary of Doctors Creek was discovered at a stream
crossing along SR 1131. Doctors Creek is Class °C-Swamp" Waters of the State in the Northeast Cape Fear
River Basin. The source of the spill could not be determined at that time due to severe thunderstorm activity
in the area.
On August 12, 1999, Mr. Hunkele, Mr. Mathis, and I continued the investigation into a possible source
by meeting company officials of Murphy Family Farms at the Smith -Alderman facility. We were shown a broken
clean -out pipe between the lift station serving the Smith site and the primary lagoon. Evidence indicated that
this was the source of the discharge. It was observed that waste was leaving the facility through a
wetland/creek system that crossed SR 1128 between the entrances to the Alderman and Smith sides.
Several violations stemming from this incident are outlined below:
1) Discharge of animal waste to Waters of the State. This Is a violation of Part 1. Performance Standards,
Section 1 of AWS310006, which prohibits the discharge of waste from the animal waste management
system.
4'
2) Failure to maintain and operate waste collection system at all times. This is a violation of Part I1.Operation
and Maintenance Requirements, Section 1 of AWS310006, which requires proper maintenance and
operation of the animal waste management system.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 9I0-395-3900 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recyded/10% post -consumer paper

Mr. Wendell Murphy
March 6, 2000
Page 2
3) Failure to inspect waste collection, treatment, storage, and transmission structures to insure proper
operation. This is a violation of Part 111. Monitoring and Reporting Requirements, Section 1 of AWS310006
which requires that waste collection, treatment, storage, and transmission structures (i.e. piping, pumps,
reels, etc.), under the control of the owner/operator shall be inspected to insure proper operation not to,
exceed monthly.
4) . Failure to maintain adequate weekly freeboard records for all structures on site. This is a violation of Part
III. Monitoring and Reporting Requirements, Section 2 of AWS310006, which requires waste lagoon/storage
pond levels shall be recorded weekly on forms supplied or approved by DWQ.
5) . Failure to notify to the Wilmington Regional Office as required under Part III. Monitoring and Reporting
Requirements, Section 6 of AWS310006. Permittee is required to notify DWQ as soon as possible, not to
exceed 24 hours, of first knowledge of the incident under the following sub -Sections. a) Any failure of the
waste system resulting in a discharge of waste to surface waters. b) The failure of a major component of
the waste treatment system affecting the facility's ability to store the animal waste. g) Any discharge that
bypasses a lagoon /storage pond resulting in a discharge to surface waters or that poses a serious threat
to the environment. '
6) Failure by Permittee to file a written report to the Wilmington Regional Office under Part III. Monitoring and
Reporting Requirements of AWS310006. Report of the occurrence is required within 5 calendar days
following first knowledge of the occurrence.
7) Failure to have a currently employed operator4n-charge (OIC) or backup OIC designated for this facility
under Part V. General Conditions of AWS310006. Margaret Battelle was the OIC listed with the State, but
her employment ended on July 30, 1999 and had not visited the site since mid -July.
To correct these violations, please submit a Plan of Action to the Wilmington Regional Office of the
Division of Water Quality that describes the actions to be taken to comply with'Animal Waste Permit
AWS310006.
The proposed plan of action must be received in writing by this office within fifteen (15) working
days of receiving this notice. Upon approval and implementation of the plan, you must notify this office
when the corrective actions are complete.
If the violations are not corrected, the Division of Water Quality may pursue additional civil
penalties, injunctive relief, or permit revocation.
If you have any questions concerning this matter please do not hesitate to contact either Mr.
Hunkele, Mr. Mathis, or I at (910)-395-3900 or Mr. Steve Lewis in Raleigh at [phone], ext. 539.
Sincerely,
� � r
Xr- Rick Shiver
Water Quality Regional Supervisor
cc: Dr. Garth Boyd, Murphy Family Farms
Harold Jones, Duplin Co. Soil and Water Conservation
DWQ Non -Discharge Operations Branch File
DWQ Wilmington Animal Files 31-6
I
G:IDATAIWPDATAIWQSIANRv ALS1DUpI,II4Loo0\31-(
Discharge NOV & ROE.doe

M.URPH_Y
F A M I L Y F A R M S
August 17, 1999
Mr. Rick Shiver
DWQ Regional Supervisor
127 Cardinal Dr: Ext. -
Wilmington, NC 28405-3845
RE: Smith Farm Broken Pipe Incident
Dear Mr. Shiver,
To comply with the general permit for the Smith Farm, the purpose of my letter is to file a written report on the
Smith Farm broken clean out pipe incident.
On Tuesday afternoon, August 10, 1999, our construction crew arrived at the Smith Farm with a small bulldozer to
repair a washout area below the storm drain adjacent to the last hog house. Their purpose was to create a wide,
smooth waterway that could be kept mowed. While looking over the work to be accomplished, the bulldozer
driver noticed some effluent puddled around the clean out pipe that extends above the ground. The Maintenance
department was notified and a subcontractor came out and repaired the pipe within two hours. Due to the pipe
extending out of the ground several feet, it was hit somehow at an earlier unknown time and date which caused the
pipe to partially break where it coupled into the main discharge line from the lift station to the primary lagoon.
The area around the discharge pipe was grown up in tall grass and weeds and a discharge was not noticed. The
bulldozer driver went on and completed the erosion repair job.
On Wednesday night, August 11, 1999, I was notified that DWQ personnel were in the area investigating a
discharge. Apparently a severe storm forced them to leave the area. By dawn the next morning, our people began
checking every lagoon and riser at the Smith and Alderman farms and saw no problems. Later investigation traced
the discharge to the broken pipe that had been repaired.
To ensure that this problem does not recur, I have instructed all LNM technicians to keep a reasonable area mowed
around lagoon clean out pipes, and to make an inspection of the lift station lines every time they inspect a lagoon.
I deeply regret that this incident occurred and went unnoticed. I am,
Sincerea
�tJ '
Garth W. Boyd, Ph.D.
Director, Land & Nutrient Management
cc: John Bizic, Jeff Turner
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

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Department of Environment
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Wilmington Regional Office
ep
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
October 6, 1998
CERT FIED MAIL * Z 153 116 046
RETURN RECEIPT REQUESTED
Mr. Kraig Westerbeek
Murphy Family Farms
PO Box 759
Rose Hill, NC 28458
RCDENR
NORTH CAROUNA DEPARTMENT OF
ExmRONMENT AND NATURAL RESOURCES
4
Subject: Notice of Violation
Smith -Alderman Farm
Farm Number: 31-6
Duplin County
Dear Mr. Wesferbeek:
You are hereby notified that the Smith -Alderman Farm, which has been permitted to have
a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 211 .0217, has
been found to be in violation of its 2H .0217 Permit AWS310006.
On October 1, 1998, Mr. Brian Wrenn from the Wilmington Office of the Division of
Water Quality, inspected your animal operation and the laQoon(s) serving this operation. The
following was observed:
1. Animal waste discharging from a broken flush pipe at the A 1-3 (old) lagoon and collecting
in an adjacent drainage area. In additon, animal waste was found leaking from hog houses at
A 7-9 and collecting in an adjacent drainage area. There was no discharge to Waters of the
State.
This is a violation of Part I. Performance Standards, Section 1 and Part U. Operation and
Maintenance Requirements, Section 1.
2_ Insufficient freeboard in the Smith (old) and A 7-9 (old) lagoons of 17 inches and 0 inches,
respectively.
This is a violation of Part V. GeneraI Conditions, Section 3.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recvcled110% post -consumer owner

Mr. Kraig Westerbeek
October 7, 1998
Page 2
3. Failure to report insufficient freeboard within 24 hours following first knowledge of
occurrence.
4. Failure to report a failure of any component of the- animal waste collection system within 24
hours following first knowledge of occurrence.
These are violations of Part III. Monitoring and Reporting Requirements, Sections 6(b), 6(e) and
6(g)•
The Division of Water Quality will proceed to revoke Smith -Alderman Farm's permit unless
the following conditions are completed:
1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted
violations.
2. Make any modifications needed to ensure there will be no future discharges.
In addition, all dead animals must be disposed of properly. The appropriate crops as
determined by the Waste Utilization Plan for spray fields #4 and #5 must be established. The
winter crops in spray fields #4 and #5 should be planted by November 1, 1998. The erosion areas
on the inner dike wall of the 2nd stage Smith lagoon need to be filled with a suitable clay material,
compacted and reseeded.
To remain a permitted facility, you must notify this office in writing within seven (7) days
of the receipt of this notice, what actions will be taken to comply with your waste management
plan. Failure to comply with the above conditions will cause the existing animal waste
management system serving your animal operation to be considered in operation without a
permit as required by North Carolina General Statute 143-215.1.
Please be advised that this assessment does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violations.

I
Mr. Kraig Westerbeek
October 7, 1998
Page 3
When the required corrective actions are complete, please notify this office in writing. If
you have any questions concerning this matter please do not hesitate to contact either Mr.
Brian Wrenn, of our Wilmington Office at (910)-395-3900 or Mr. Shannon Langley at (919)
733-5083, ext. 581.
Sincerely,
r
Rick Shiver
Water Quality Regional Supervisor
cc:
Harold Jones, County Soil and Water Conservation
Sandra Weitzel, Regional Coordinator, NC DSWC
Dr. Garth Boyd, Murphy Family Farms
DWQ Operations Branch File
Wilmington Files
S AWQSIBRIANW\ENF9813I-6.NOV

V J"oAl—
OCT 2 1998
�BY:
MURPHY
FAMILY FARM $
October 16, 1998
NCDENR - DWQ
127 North Cardinal Dr.
Wilmington, NC 28405 -
Subject: Smith -Aide 31-6 otice Of Violation
Dear Mr. Shiver:
After your October 1, 1998 visit the following actions have been taken:
1. The broken flush pipe at Alderman 1-3 was repaired and all flush water was pumped back to
the old lagoon. The leak at Alderman 7-9 houses was temporarily patched and will be
permanently repaired by Murphy Family Farms Construction as soon as the houses are
emptied. (Houses will remain empty as long as it takes to make necessary repairs.) We
believed neither of the leaks to be more than 500 gallons and all was contained.
2. Old lagoons at Smith and Alderman 7-9 were responsibly lowered to freeboards of
approximately 30".and 40" respectively. Due to our previous plans to very soon remove
sludge from and close at least two of the old lagoons at this complex, we were not aware the
levels had become this high.
3. The dead animal was disposed of properly immediately upon discovery.
4. Sprayfields 94 and #5 and another field were burned off and disked. The WUP has been
revised and rye will be planted as designated by November.
5. Erosion on the dike of Smith 2nd stage will be addressed this spring.
Due to no discharge to waters of the State and Murphy Family Farm's swift and
aggressive actions to correct inadequacies, we respectfully request these matters be re -considered
deficiencies.
If you have any further questions please do not hesitate to contact John Bizic at (910)289-
6439. Thank you.
Sincerely,
John Bizic
Land & Nutrient Manager
cc: Harold Jones
Sandra Weitzel

MEL AM
U P H Y.
F AM It Y F A R M S
April 6, 1998
NCDENR - DWQ
127 North Cardinal Dr.
Wilmington, NC 28405
Attn: Brain Wrenn
Subject: Re: Notice of Deficiency - Smith Alderman FanC31-6
Dear Mr. Wrenn:
APR 0 8 3998
BY:
1
The Smith -Alderman Complex is comprised of four separate farm sites, the erosion
cut in the lagoon dike wall was at the site named Alderman 1,2,3. As I explained to you. -
the erosion was caused when the new irrigation system was test fired for approximately
five minutes, then cut off and repaired when the break was identified.
A clay material was used to pack around the z-pipe at the lagoon. This lagoon no
longer receives influent and will be closed by year end.
If you have any questions, please call John Bizic at 910-289-6439.
Sincerely,
John Bizic
Land & Nutrient Manager
cc: Garth Boyd
Joel McBroom
Harold Jones
Sandra Weitzel
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Wayne McDevitt
Governor Secretary
August 11, 1997
Attn.: John Bizic
Quarter M Farms, Inc.
Smith -Alderman Farm
PO Box 607
Rose Hill, NC 28458
Dear Quarter M Farms, Inc.:
Subject: NOTICE OF DEFICIENCY
Smith -Alderman Farm
Facility Number: 31-6
Duplin County
On August 6, 1997, staff from the Wilmington Regional Office of the Division of Water Quality
inspected your animal operation and the lagoons serving this operation. It was observed that wastewater had
leaked from a clean out pipe into a stormwater drainage pathway. While the wastewater in the pathway did
not reach waters of the State at the time of inspection, any rainfall event could likely result in a discharge.
As was discussed during the inspection, the remaining waste in the drainage pathway should be removed
immediately to ensure there is no discharge into State waters. The clean out pipe should also be fixed to
prevent further leakage.
During the inspection, it was also observed that you had insufficient freeboard in lagoon #1 (old
Iagoon serving South Farm). This lagoon should be lowered in a timely and responsible manner. In
addition, erosion cuts were observed on lagoon #7 (new lagoon serving Alderman 4-9) which could
eventually threaten the integrity of the structure. These cuts should be properly filled and revegetated.
127 Cardinal Drive Extension, WOmington, N.C. 2WS-3945 0 Telephone [phone] Fax [phone]
An Equal Opportunity AFEn3stive Aetion Employer

Quarter M Farms, Inc.
August 11, 1997
Page 2
To remain a deemed permitted facility, you must notify this office in writing within seven (7) days
of the receipt of this notice, what actions v iM be taken to correct these deficiencies. Failure to do so may result
in the facility losing its deemed permitted status and being required to obtain an individual non discharge
permit.
Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the
surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000 per day per violation
If you have any questions concerning this matter, please call Andy Heminger, David Holsinger, or
Brian Wrenn at 910-395-3900.
Sincerely,
a,,-J"--j -�J-' 1[�
Andrew G. Helminger
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Garth Boyd, Murphy Family Farms
Operations Branch
Wilmington Files
S. IWQSlANDYAW-6.DEF

FAM F L Y ' FARMS
August 19, 1997
Andy Helminger-
NCDEHNR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Dear Mr. Helminger:
RE- Notice of Deficiency at Smith -Alderman Farm Facility #31-6
During your inspection on August 6, 1997, you noted some areas of deficiency which have or will
be addressed by the following actions:
1) Lagoon water in the pathway was pumped using a sump pump back into the lagoon.
2) The old lagoon level was lowered by transferring to the new lagoon.
3) The clean out pipe was capped off
4) The new lagoon serving Alderman 4-9 wiIl be re -graded and re -seeded to fix the erosion cuts.
is will be accomplished as soon as equipment can be re -directed back to the site.
If you have any questions, please contact John Bizic or Kraig Westerbeek at 289-6439.
Sincerely,
196 Bizic
Land and Nutrient Manager
jtblkhn
nodsmal.doc
cc: Harold Jones
Sandra Weitzel
Garth Boyd
Kraig Westerbeek
Pat Barrow
Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

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These are pictures taken on 1219199 of the water body into which animal waste had discharged
from the referenced facility which was discovered in August 1999,
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