820724_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A. Reeder
Governor Director
October 24, 2013
CERTIFIED MAIL 7010 3090 0001 3216 4038
RETURN RECEIPT REQUESTED
Mr. Billy G Peterson
34 Old Wrench School Rd
Godwin, North Carolina 28344
Subject: NOTICE OF VIOLATION/ NOV-2013-PC-0328
Administrative Code 15A NCAC 2T . 13 04
Oak Branch 3-6 Facility No. 82-724, Permit No. AWS820724
Sampson County
Incident number 201302086
Dear Mr. Peterson:
John E. Skvarla, III
Secretary
On October 18, 2013, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Oak Branch 3-6 and the permitted waste disposal system.
We wish to thank Mr. Michael Peterson, who was present and assisted 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 disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain the waste collection system to prevent a discharge to ditches. (Permit No.
AWG100000 Section II 1)
On October 18, 2013 Michael Peterson reported to DWR that he had unintentionally left his recirculation
pump on overnight. Sometime during the night the discharge pipe became clogged and caused the waste
to flow out of the house and into the fresh water drain system which lead to the surrounding ditches.
Upon arrival at the farm DWR staff documented that the waste had been contained by dirt placed into the
ditch system to prevent flow from reaching surface water or wetlands. Options for recovery of the waste
were discussed and work had begun on cleaning the discharge pipes.
225 Green Street — Suite 714 — Fayetteville, North Carolina 28301-5095
Phone: [phone] FAX: [phone] Customer Service 1-877-623-6748
Internet:: www.ncwaterguality.org
An Equal OpportunitytAffirmative Action Employer

Mr. Peterson
October 24, 2013
Page 2 of 2
On October 21, 2013 during a follow up inspection it was documented that the waste was being recovered
and cleanup was ongoing.
Required Corrective Action for Violation 1:
1. Recover as much waste from the ditch system and around the houses as possible and return the
waste to the lagoon or the spray field.
2. Clean out all discharge lines going to the lagoon.
3. Consider but not required, putting a timer on your recirculation pumps.
4. Consider but not required, installing slam gates at the culverts close to the hog houses.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before November 31, 2013:
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
3. An estimate of the waste recovered.
4. If the waste was applied to the spray field, send a copy of the IRR2 forms showing the waste
application.
You are required to take any necessary action to correct the above violations on or before
November 1, 2013 and to provide a written response to this Notice by November 31, 2013. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources who may issue a civil penalty assessment of not more
that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Stephen A. Barnhardt
Environmental Program Supervisor
cc: Christine Lawson CAFO Unit
Murphy Brown
FRO files

October 28, 2013
Steve Guyton, Environmental Specialist
NC Department of Environmental and Natural Resources
Division of Water Resources
225 Green Street
Fayetteville, NC 28301
Re: Oak Branch Farms
Dear Mr. Guyton:
As an addendum to the letter I sent you on October 22 regarding the feed spillage, I would also
like to submit this plan of action to prevent this from happening again. The following
options/plan are what Oak Branch Farms will be implementing:
1. Check the feed lines at least twice daily to prevent feed spills into the pit pipes, valves,
feeders, etc.
2. Check all outlet pipes at least twice daily to assure that they are not clogged and flowing
freely.
3. Installation of slam gates on the water shed ditch to prevent discharge water from flowing
into the drainage canal.
4. A copy of the IRR 2 form to reflect the amount of waste water applied to spray field #2
as a result of the spillage will be forwarded upon completion (on or about November 30,
2013).
Please let me know if there is anything else you will need in addition to this letter.
Sincerely,
Michael Peterson, Farm Manager
AWA Certification # 19865
Oak Branch Farms
34 Old Wrench School Road
Godwin, NC 28344
910-987-9457

October 22, 2013
Steve Guyton, Environmental Specialist
NC Department of environmental and Natural Resources
Division of Water Resources
225 Green Street
Fayetteville, NC 28301
Re: Oak Branch Farms # 4724
Dear Mr. Guyton:
On October 9, 2013, Oak Branch Farm II had a feed line to break causing a feed spill into
Hog House #3. I, Michael Peterson, one of the farm managers, proceeded to correct the
problem by fixing the feed line. I then assessed the amount of feed under the slats in the pit
waterway. Then, I washed the feed from under the house using a pressure hose and the pit
discharge pump from the lagoon to wash the wet feed into the lagoon.
On October 17, 2013, I had been washing out old feed from under the slats and forgot to
turn the pit pump off. A large mass of feed stopped up the discharge pipe and this resulted
in a waste water spill by the next day (October 18, 2013). The building's pit overflowed onto
the farm site through the pit fans and into a small drainage ditch that lead to the farm's
drainage canal. My brother and I dammed up the ditches to contain the waste water to the
farm. I then called Tony King at Murphy -Brown and reported the issue.
On the same day, October 18, I contacted you to report the incident and what and my
brother and I had done to contain the spill. Upon your arrival and after your inspection of
the site of waste water containment, I prepared the pump and hose to pump the waste
water onto spray fields #1 and #2.
I completed the pumping process by Monday, October 21, 2013. I estimated the total
amount of waste water pumped to be approximately 2,500 gallons.
Please let me know if there is anything else I need to do or document regarding this issue
Sincerely,
Michael Peterson, Farm Manager
AWA Certification # 19865
Oak Branch Farm # 4724
34 Old Wrench School Road
Godwin, NC 28344
910-987-9457

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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
April 8, 2009
Billy G. Peterson
34 Old Wrench School Road
Godwin, NC 28344
SUBJECT: NOTICE OF DEFICIENCY 1400__D00q pC— 0`tD,
Oak Branch Farm 3-6
Facility No. 82-724
Permit No. AW'S�8 MCA 391)-1 a 4
Sampson County
Dear Mr. Peterson:
Dee Freeman
Secretary
On September 2, 2008 Division of Soil & Water notified the Fayetteville Regional Office
of the Division of Water Quality, during an inspection as required by General Permit
condition III. 13 c. that the freeboard level of the lagoon was less than the minimum
required by the General Permit. The liquid level of the lagoon 1 was reported as 18
inches. General Permit condition V.2 states "The maximum waste level in
lagoons/storage ponds shall not exceed that the specified in the CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides. adequate storage to contain the 25-year, 24-hour storm event plus as additional 1
foot of structural freeboard.
Failure to notify Division of Water Quality of inadequate freeboard in your waste
structure within 24 hours and failure to submit a written report within 5 days is a
violation of your permit No. AWG100000 Section III. 13 c. If you fail to report an
inadequate freeboard level in your lagoon as stated in your permit AWG100000
section III .13 c it will result in a Notice of Violation and recommendation for
Enforcement.
A new marker has been installed by Murphy Brown in your lagoon, there was a question
about your old markers and which one to read and if they were correct. You are required
to read the new marker and record this on your lagoon level records weekly.
The failure to pump when the weather allowed was another condition that lead to this
high freeboard. Take advantage of the weather conditions and crop needs to pump your
lagoon down to maintain adequate freeboard level.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 One
Phone: 91OA33-33001 FAX: [phone] Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.h20.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer naturally

The Division of Water Quality will take no further action for this reported incident at this
time. However, if you have another NOV or NOD for high freeboard in the next three
years you will be required to have a review of your WUP by a technical specialist. It will
also close this event out within your file. If you have any questions concerning this
matter, please do not hesitate to contact myself at 910-433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
cc: APS Central Files
DS&W FRO
APS Files FRO
Murphy Brown integrator

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
October 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Billy G Peterson
34 Old Wrench School Rd.
Godwin NC 28344
Subject: NOTICE OF DEFICIENCY / NOD-2010-PC-1094
Oak Branch Farm 3-6
AWS820724
Sampson County
Incident No. 201000025
Dear Mr. Godwin:
On December 22, 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Toni King of a high freeboard level in the lagoon 1. We wish to thank Mrs.
King for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG100000.
On February 8, 2010 a lagoon/storage pond level was documented at 24.00 inches in lagoon 1. A level
of 26 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality Internet: www.ncwateraualitv.org
225 Green St., Ste. 714 Phone: [phone]
Fayetteville, NC 28301 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
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Naturally

Mr. Peterson
October 14, 2010
Page 2
Required Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence.
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
A compliance inspection was done 01/05/2010 and all records were reviewed and the date and time
lagoon 1 returned to compliance on 01/05/2010.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick, CAFO Unit
Sampson Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Murphy Farms

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Billy Peterson
34 Old Wrench School Road
Godwin, NC 28344
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Oak Branch Farm 3-6
NPDES Permit No.NCA282724
Sampson County
Dear Billy Peterson:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition III.12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www ncwaterquality.org Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper
Nne
Carolina
Na(turally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Billy Peterson
Page 2
April 25, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely,
Stephe .Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 82-724
APS Central Files
Premium Standard Farms
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District