310087_ENFORCEMENT_20171231

00
NORTH CAROLINA
Department of Environmental Qual

WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
June 15, 2015
CERTIFIED MAIL #7013 2630 0002 0760 8933
RETURN RECEIPT REQUESTED
B. W. Barwick Farms LLC
Bennie W. Barwick
1498 Mark Herring Rd.
Seven Springs, NC 28578
Subject: NOTICE OF VIOLATION
NOV-2015-PC-0156
Administrative Code 15A NCAC 2T . 13 04
B. W. Barwick Farms LLC. 31-87, Permit No. AWS310087
Duplin County
Dear Mr. Barwick:
Donald R. van der Vaart
Secretary
On June 1, 2015, staff of the NC Division of Water Resources (DWR) inspected the B. W. Barwick Farms LLC
and the permitted waste management system. We wish to thank Leticia Barber, who was present and assisted us during
the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the
subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of
your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No.
AWG100000 as follows:
Violation 1:
Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's
CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000.
On June 1, 2015, DWR staff inspected the lagoon freeboard records, which were found to not be in compliance with the
levels specified in the facility's CAWMP on the dates listed:
8/24/2014
eighteen
(18) inches
9/14/2014
eighteen
(18) inches
1/18/2015
eighteen
(18) inches
3/1/2015
eighteen
(18) inches
3/8/2015
eighteen
(18) inches
4/19/2015
eighteen
(18) inches
5/3/2015
eighteen
(18) inches
5/10/2105
eighteen
(18) inches
5/17/2015
eighteen
(18) inches
The lagoon design freeboard is nineteen and one half (19.5) inches.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
.Phone: [phone]S Internet: www.ncdenr.gov
An Equal Opportunity l Affimiati" Action Employer --Made in pad by receded paper

Violation 2:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24)
— hours following first knowledge of the failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V. 2. of the General Permit in accordance with Condition III. 13.e. of the Swine
Waste System General Permit No. AWG100000.
On June 1, 2015, DWR staff inspected the lagoon freeboard records and found the freeboard level to be below designed
freeboard on the dates listed above in Violation 1. Personnel at the Wilmington Regional Office (WIRO) did not
receive any notification or Plans of Action for these dates.
Violation 3:
Failure to land apply at a rate in accordance with the CAWMP. In no case shall rates exceed the agronomic rate of the
nutrient of concern for the receiving crop in accordance with Condition I1. 4.
On June 1, 2015, staff inspected irrigation records IRR2 forms which indicated a PAN (Plant Available Nitrogen rate)
of 256 lbs. per acre loading rate was being used on Small Grain Overseed - Grazed (K) in Zone 1 during the months of
November 11, 2014 thru January 31, 2015, A PAN amount of 103.75 lbs. per acre was applied on Small Grain
Overseed - Grazed (K) when the CAWMP indicated a PAN rate of 501bs. per acre maximum.
Violation 4:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24)
hours following first knowledge of the occurrence of an application of waste either in excess of the limits set out in the
CAWMP or where runoff enters ditches, surface waters, or wetlands as required in Condition III. 13.9. of the Swine
Waste System General Permit No. AWG100000.
Personnel at the Wilmington Regional Office (WIRO) did not receive any notification of the over application events on
Small Grain Overseed (SGO) — Grazed (K) during September 1, 2104 to March 31, 2015.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
You are required to provide a written response to this Notice by July 17, 2015. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
technical specialist, and/or a professional engineer for any assistance they may be able to provide.
If you have any questions concerning this Notice, please contact David Powell at [phone].
Sincerely,
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Page 2 of 3

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To: NC DENER/DWR
This is in response to the notice of violation that was found on June 1, 2015 at B.W. Barwick Farms
LLC. We have read the violations and would like to respond our corrective action we will take to assure
this will not happen again. We have included a copy of Leticia Barber's 2015 license and plan to take a 6
hour class on December 1, 2015 with Amanda Hatcher at the Kenansville office to keep her license
current. We will also have Frank Barwick who keeps records for us at the other finisher site work with
her to insure there is no over application to fields during winter season. We understand free board
levels should not be under 19 Y2 inches without contacting the Wilmington regional office within 24
hours with our plan of action. Our efforts are to correct the violation that has occurred. Please let us
know if there is anything else we can do on our part to achieve this.
Thank you,
Bennie Barwick 1�
ticia Barber
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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 15, 2015
CERTIFIED MAIL #7013 2630 0002 0760 8933
RETURN RECEIPT REOUESTED
B. W. Barwick Farms LLC
Bennie W. Barwick -
1498 Mark Henring Rd.
Seven Springs, NC 28578
Subjeet:NOTICE OF VIOLATION
NOV-2015-PC-0156
Administrative Code 15A NCAC 2T .1304
B. W. Barwick Farms LLC. 31-97, Permit No. AWS310087
Daplin County
Dear Mr. Barwick
On June 1, 2015, staff of the NC Division of Water Resources (D WR) inspected the B. W. Barwick Farms LLC
and the permitted waste management system. We wish to thank Leticia Barber, who was present and assisted us during
the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the
subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of
your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No.
AWG100000 as follows:
Violation 1:
Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's
CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG100000.
On June 1, 2015, DWR staff inspected the lagoon freeboard records, which were found to not be in compliance with the
levels specified in the facility's CAWMP on the dates listed:
8/24/2014
eighteen (18) inches
9/14/2014
eighteen (18) inches
1/18/2015
eighteen (19) inches
3/1/2015
eighteen (18) inches
3/8/2015
eighteen 08) inches
4/19/2015
eighteen 08) inches
5/3/2015
eighteen (19) inches
5/10/2105
eighteen (18) inches
5/17/2015
eighteen (18) inches
The lagoon design freeboard is nineteen and one half (19.5) inches.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910.7W721S Intemet: www.nodenr.gov
An Equal OpQorfv* 1Atfsnwve Action EmpkW — Made in pan br tecyclodpapu

Violation 2:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24)
hours following first knowledge of the failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V. 2. of the General Permit in accordance with Condition III. 13.e. of the Swine
Waste System General Permit No. AWG 100000.
On June 1, 2015, DWR staff inspected the lagoon freeboard records and found the freeboard level to be below designed
freeboard on the dates listed above in Violation 1. Personnel at the Wilmington Regional Office (WIRO) did not
receive any notification or Plans of Action for these dates.
Violation 3:
Failure to land apply at a rate in accordance with the CAWMP. In no case shall rates exceed the agronomic rate of the
nutrient of concern for the receiving crop in accordance with Condition H. 4.
On June 1, 2015, staff inspected irrigation records IRR2 forms which indicated a PAN (Plant Available Nitrogen rate)
of 256 lbs. per acre loading rate was being used on Small Grain Overseed - Grazed (K) in Zone 1 during the months of
November 11, 2014 thru January 31, 2015. A PAN amount of 103.75 lbs. per acre was applied on Small Grain
Overseed - Grazed (K) when the CAWMP indicated a PAN rate of 50 lbs. per acre maximum.
Violation 4:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24)
hours following first knowledge of the occurrence of an application of waste either in excess of the limits set out in the
CAWMP or where runoff enters ditches, surface waters, or wetlands as required in Condition III. 13.g. of the Swine
Waste System General Permit No. AWG 100000.
Personnel at the Wilmington Regional Office (WIRO) did not receive any notification of the over application events on
Small Grain Overseed (SGO) — Grazed (K) during September 1, 2104 to March 31, 2015.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
You are requited to provide a written response to this Notice by July 17, 2015. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
technical specialist, andlor a professional engineer for any assistance they may be able to provide.
If you have any questions concerning this Notice, please contact David Powell at [phone].
Sincerely,
Jim gson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Page 2 of 3

cc: WQROS CAFO Unit
Kraig Westerbeek, Murphy Brown LLC
DWR WiimingW Animal Files 31-87
G:1WQ1SharedVUiDdALS1DUPLNUOIS\31-MOV
Page 3 of 3