400136_ENFORCEMENT_20171231

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NUHTH CAHULINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

1;A7
MCDEH
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 27, 2010
Murphy -Brown, LLC
Lindell 1 &2 Farm
PO Box 856
Warsaw, North Carolina 28398
RE: Acknowledgment of Receipt of Payment
Case No. DV-2010-0052
Farm # 40-0136
Greene County
Dear Murphy -Brown, LLC:
This letter is to acknowledge receipt of your check No. 00655572 in the amount of $2596.28
on September�24, 2010. This payment• satisf es in full the civil assessment in the amount of
$2596.28 levied against Murphy -Brown, LLC and the case has been closed. 1f you have any
questions, please call me at [phone],
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Unit
cc:. David May, Washington APS Regional Supervisor
File # DV-2010-0052
APS Central Files
ACUiEER PROTECTION SECTION
1636 Mall Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigri, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1-877-623-674B
Internet: www,ncwatemuality.orp
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SEP 2 8 2010 ii
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Noah (7ai-o.titia

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sull'ins
Dee Freeman
Governor Director
Secretary
September 17, 2010
CERTIFIED MAIL 7006 2150 0003 5466 8728
RETURN RECEIPT REQUESTED
Murphy -Brown, LLC
Lindell 1 &2 Farm
PO Box 856
Warsaw, North Carolina 28398
Subject: Request for Remission of Civil Penalty
Lindell 1 &2 Farm
Case No. DV-2010-0052
Permit Number AWS400136
Greene County
Dear Murphy -Brown, LLC:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Quality considered the information you submitted in support of your
request for remission and remitted $1500.00 of the $4096.28 civil penalty assessment. The
revised civil penalty is therefore a total amount of $2596.28, which includes $596.28 in
investigative costs. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar
days of your receipt of this letter to the attention of:
Miressa D. Garoma
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] t FAX: 919-$67-64921 Customer Service: 1-877.623-6748
Internet: www.ncwateraualit .or_g
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An Equal Opportunity 1 Affirmative Action Employer
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Murphy -Brown, LLC
Case No. DV-20IM052
Greene County
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your
request for `remission with supporting documents and the recommendation of the Director of.
the North Carolina Division of Water Quality will be delivered to the Committee on Civil
Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days
of receipt of this letter. Send the completed form to:
Miressa D. Garoma
NC DENR-DWQ — Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear.
If a presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its
remission decision based on the original assessment amount. Therefore, the EMC may
choose to uphold the original penalty amount and offer no remissions, they may agree
with the DWQ Director's remission recommendation detailed above, or the penalty
amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Miressa
D. Garoma at [phone].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operations Unit
Attachments
cc: David May, Washington Regional Office
Enforcement File #DV-2010-0052
APS Central Files

DIVISION OF WATER QUALITY
CIVEL PENALTY REMISSION FACTORS
Case Number: DV-2010-0052 Region: Washington County: Greene
Assessed Entity: Murphy -Brown, LLC Permit: AWS400136
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Yes it appeared that Lindell staff did immediately stop the flow from the leak and began to address a
cleanup strategy, as reported. Response actions are considered to have been taken in a timely fashion.
Although not all wastewater could be contained and recovered, corrective action included pumping as
much wastewater as possible back into the treatment system.
® (c) Whether the violation was inadvertent or a result of an accident:
It did appear that the spill resulted from an accidental break in the flush line. Although the broken pipe
may have been accident, the facility may benefit from a better inspection and/or maintenance program to
address aging pipes/lines to allow improvements to be made prior to any breaks occuring.
t ® (d) Whether the violator had been assessed civil penalties for any previous violations:
The facility itself hasn't had any recorded problems with discharges in the past. Review of the file and
database does not indicate any other enforcement actions in. the past.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions: The permittee reports that a secondary containment system is to be built at a cost in
excess of $5,000 to prevent the reoccurrence of the subject discharge. Payment of the penalty will
reportedly create a financial hardship and make completion of the secondary containment system difficult
financially.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission]Z`� $ /�O • 0 0 (Enter Amount Remitted)
Coleen H. ullinsl6ate
rev 1.0 — 8.31.09

Remission Request Summary and Recommendation
To:
t From:
Reviewed by:
Assessed Party:
Case No.:
Coleen H. Sullins
David May Date:
Theodore L. Bush, Jr. Date:
APS Section Chief (initials)_
Murphy -Brown, LLC
DV-2010-0052
Case Back round and Assessment
June 24, 2010 Region: WARO
July 16 2010
County:_ Washington
Permit No.: AWS400136
• October 1, 2009 DWQ issued Permit No. AWS400136 to Murphy -Brown, LLC with an expiration date
of September 30, 2014,
• March 29, 2010 Murphy -Brown, LLC staff contacted the Washington regional office regarding Lindell
1 &2 Farm. DWQ staff visited the site and found wastewater runoff across a grassed and
wooded area into an unnamed tributary to Appletree Swamp, which are Class C NSW
waters within the Neuse River Basin. Approximately 500 gallons of wastewater was
discharged due to a broken PVC line at the flush tank.
• April 13, 2010 Notice of Violation and Enforcement Recommendation issued
• April 28, 2010 DWQ WARO received a response to the dated NOV
• May 27, 2010 Murphy -Brown, LLC was assessed a civil penalty of $4096.28 (53500.00 civil penalty
plus S 596.28 investigative costs):
• $3500.00 for wastewater runoff and discharge to Waters of the State.
• June 1, 2010 Green, card indicated delivery of the assessment document
Remission Request (Summary)
June 4, 2010 Remission request signed
• June 9, 2010 Remission request received
Murphy -Brown, LLC does not dispute the fact of the case. Murphy -Brown, LLC indicates that the discharge
occurred due to a pipe break adjacent to a lift station serving the farm, and incident was inadvertent, accidental, &
unpreventable. Although the broken pipe may have been accident, the facility may benefit from a better inspection
and/or maintenance program to address aging pipes/lines to, allow improvements to be made prior to any breaks
Enforcement History
Review of the file and database does not indicate any other enforcement actions in the past 5 years.
Remission Recommendation from Regional Office and Central Office
• DWQ Washington Regional Office Recommendation (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ® $1500_00 (Enter Amount to remit)
Comment: Response actions are considered to have been taken in a timely fashion. The permittee reports that
a secondary containment system is to be built at a cost in excess of $5,000 to prevent the reoccurrence of the
subject discharge. Payment of the penalty will reportedly create a financial hardship and make completion of the
secondary containment system difficult financially.
rev 1.0 - 8.31.09

DWQ Central Office Recommendation (Check One) T
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission $ s- ,0dfEnter Amount to remit)
Comment:

VA&
NCDENR
f North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 9, 2010
Murphy -Brown, LLC
Lindell 1 &2 Farm
PO Box 856
Warsaw, North Carolina 28398
SUBJECT: Remission Request
Farm # 40-0136
Green County
File No. DV-2010-0052
Permit No. AWS400136
Dear Murphy -Brown, LLC:
This letter is to acknowledge receipt of your request, on June 9, 2010, for remission of the civil
penalty levied'against the subject facility. The Director of the Division of Water Quality will
review your evidence and inform you of her decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Miressa Garoma
Animal Feeding Operations Unit
cc. David May, Washington APS Regional Supervisor
File # DV-2010-0052
APS Central Files _.... '-..__.-w_...
JUN 1 1 2010 f,
a...
AQUIFER PROTECTION SECTION One.
1636 Mail Service Center, Rale'Igh, North Carolina 27699-1636 Nofth Carol11 n a
Locafion: 2728 Capital Boulevard, Raleigh, North Carolina 27604 ;V tmwl4if
Phone: [phone] FAX 1: 919.715-0588 FAX 2: 919-715.60481 Customer Service: 1-677-623-6748 a
Internet: www.ncwaterouaIh.org
An Enna! rinnnrhin4v I ANurnativF Antlnll FrrrInvar

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2010-0052 Region: Washington County: Greene
Assessed Entity: Murphy -Brown, LLC Permit: AWS400136
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Yes it appeared that Lindell staff did immediately stop the flow from the leak and began to address a
cleanup strategy, as reported. Response actions are considered to have been taken in a timely fashion.
Although not all wastewater could be contained and recovered, corrective action included pumping as
much wastewater as possible back into the treatment system.
® (c) Whether the violation was inadvertent or a result of an accident:
It did appear that the spill resulted from an accidental break in the flush line. Although the broken pipe
may have been accident, the facility may benefit from a better inspection and/or maintenance program to
address aging pipes/lines to al low improvements to be made prior to any breaks occuring.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
The facility itself hasn't had any recorded problems with discharges in the past. Review of the file and
database does not indicate any other enforcement actions in the past.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions: The permittee reports that a secondary containment system is to be built at a cost in
excess of $5,000 to prevent the reoccurrence of the subject discharge. Payment of the penalty will
reportedly create a financial hardship and make completion of the secondary containment system difficult
financially.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission❑ (Enter Amount Remitted)
Coleen H. Sullins Date
rev 1 0 — 9 .31.09

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF GREENE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
MURPHY-BROWN, LLC ) STIPULATION OF FACTS
FILE NO. DV-2010-0052
Having been assessed civil penalties totaling L4096.28 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated May 27, 2010, 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
�I
This the I day of 20 d
SIGNATURE
ADDRESS
C
163 cj t.J• 1,Jards
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0052 County: Greene
Assessed Party: Murphy -Brown, LLC
Permit No. (if applicable): AWS400136 Amount Assessed: $4096.28
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing and Stipulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1
were wrongfully applied_to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
_VIII, (b)the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
�(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare far);
(d) the violator had not been assessed civil penalties for any previous violations;
v (e) payment of the civil pcnalty will prevent payment for the remaining necessary
remedial actions (i,e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

Murphy -Brown LLC PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
Tel: [phone]
Fax: [phone]
June 4, 2010
Miressa D, Garoma
Divisoin of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Dear Mr. Garoma,
This letter is being written in response to a May 27, 2010 letter communicating an
assessment of civil penalties for a violation occurring a the Lindell 1 &2 harm, facility number 40-
0136 in Greene County. Murphy -Brown does not dispute the fact of the case as presented, as
indicated by the enclosed waiver of right to an administrative hearing, and stipulation of facts, but
does request remission of the fine amount based on the following information.
The violator i2romptly abated continuing environmental damage resulting from the violation
Murphy -Brown took immediate action following the unfortunate incident. Upon discovery of the
discharge, personnel immediately implemented emergency action protocols as detailed in our
Environmental Management System (EMS), The flow was stopped, recovery efforts began, and
notification of appropriate parties occurred expeditiously. Due to this quick response, only a
small amount, quantified as 500 gallons by the inspector, reached state waters. Based on our
follow up inspection after recovery efforts, we feel very confident that the vast majority, if not all,
of this 500 gallons was returned to our waste treatment system, Total costs for recovery were
quantified at $640.95. We do not feel that there is any current or continuing environmental
damage as a result of this incident.
The violation was inadvertent or a result of an accident
The subject discharge occurred do to a pipe break adjacent to a lift station serving the farm. Lift
stations, and their associated piping are required to be checked twice per day by farm staff as a
requirement of our EMS program. It was during on of these required inspections that the
discharge was discovered. While frequent and thorough inspection of these types of systems is
intended to provide a measure of protection from these types of incidents, we found there to be no
fault on the part of our farm manager or his designee with regards to the pipe break. We feel this
incident was clearly inadvertent, accidental, and unpreventable.
The violator hrrd not been assessed civil penalties for any previous violations
Our records indicate that the Lindell Faun has a stellar record with regards to violations of water
quality permits.
RECEIVED IDENRIDWO
AQUiFFR PRn7 TON gFMION
JUN 0 9 1010

Payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
While it is easy for the enforcement unit to assume that a company the size of Murphy -Brown
would have difficulty making this specific argument, we believe it necessary to look at the
financials of each individual farm as an indicator of hardship with regards to civil penalties. We
are currently in the process of providing additional and full secondary containment for the
production area of this farm. The cost of this project will exceed $5000 when completed. In
addition, retraining of production personnel has occurred at non -quantified cost to the company.
We would much rather spend money improving our system than paying fines.
Murphy -Brown has a firm and standing commitment to preventing discharges and will
continue to promote regulatory compliance, pollution prevention, and continuous improvement in
the environmental area of our business. I request remission of the fine amount based on the
information above. If there are questions or concerns, please feel free to contact me at (910) 293
5330.
S' erely,��
raig ester eek
ssist nt Vice President
nvir nmental, Health, and Safety Compliance
RECEIVED I UENR 1 pWQ
AQUIFFA RPnTF( Tiny VCTiON
,JUN 0 9 2010

A
*I�".rr.�.rrrl.
�CDEH
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H, Sullins
Dee Freeman
Governor Director Secretary
May 27, 2010
CERTIFIED MAIL - #7006 2150 0003 5467 2275
RETURN RECEIPT RE UESTED
Murphy -Brown, LLC
Lindell 1 &2 Farm
PO Box 856
Warsaw, North Carolina 28398
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 40-0136
Greene County
File No. DV-2010-0052
Permit No. AW S400136
Dear Murphy -Brown, LLC:
This letter transmits notice of a civil penalty assessed against Murphy -Brown, LLC in the amount
of $4096.28, which includes $596.28 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 three items:
1. Submit payment of the penally:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
Miressa D Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
VA
AQUIFER PROTECTION SECTION ; y
1636 Mail Service Center, Raieigh, North Carolina 27699.1636
Location: 272E Capital 9eulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1-877.623-6748
Internet: www.ncwatergua4ty.0r_q
One
NorthCaroli.na
Naturally
An Pniial (Innnm inh Y AfurmaflvF Anfknn PmnlnvPr

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Page 2
Murphy -Brown, L C
May 27, 2010
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of Water Quality will review your evidence and inform you of his decision in
the matter of your remission request, The response will provide details regarding the case status, directions
for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you,prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by

Page 3
Murphy -Brown. LLC
May 27. 20 10
facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1)
copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur. after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: David May, Washington APS Regional Supervisor w/ attachments
File # DV-2010-0052 w/ attachments
APS Central Files w/ attachments
Susan Massengale wl attachment

STATE OF NORTH CAROLINA
COUNTY OF GREENE
IN THE MATTER OF
MURPHY-BROWN, LLC
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-2010-0052
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
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, Theodore L. Bush, Jr., Chief of
the Aquifer Protection Section, of the Division of Water Quality (DWQ) make the following:
I. FINDINGS OF FACT
A. Murphy -Brown, LLC owns and operates Lindell 1 &2 Farm, a permitted swine animal
feeding operation in Greene County.
B. Murphy -Brown, LLC was issued Certificate of Coverage AWS400136 under General Permit
AWG100000 for Lindell 1&2 Farm on October 1, 2009, effective upon issuance; with an
expiration date of September 30, 2014,
C. Condition No. 1. 1, of General Permit AWG100000 states in part that "Any discharge of
waste which reaches surface waters or wetlands is prohibited except as otherwise provided in
this General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift manmade conveyance, direct application, and
direct discharge or through ditches not otherwise classified as State waters."
D. On March 29, 2010, Murphy -Brown, LLC staff contacted the Washington regional office
regarding Lindell 1 &2 Farm. DWQ staff visited the site and found wastewater run off across
a grassed and wooded area into an unnamed tributary to Appletree Swamp, which are Class C
NSW waters within the Neuse River Basin. Approximately 500 gallons of wastewater was
discharged due to a broken PVC line at the flush tank.
E. Murphy -Brown, LLC does not have a permit for the above described activities.
F. DWQ responded by issuing the facility a Notice of Intent to Enforce
G. The cost to the State of the enforcement procedures in this matter totaled $596.28

VA
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Murphy -Brown, LLC is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S.
143-212(4).
B. A permit for an animal waste management system is required by G.S.143-215.1.
C. The unnamed tributary of Appletree Swamp constitutes waters of the State within the
meaning of G.S. 143-21.5.1 pursuant to G.S. 143-212(6).
D. The above -cited incident resulting in wastewater runoff and discharge to Waters of the State
violated Condition No. I. 1. of General Permit AWG100000, '
E. Murphy -Brown, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Murphy -Brown, LLC
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
G. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environmenf 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 Facts and Conclusions of Law, I make the following:
IIl. DECISION:
Accordingly, Murphy -Brown, LLC owner of Lindell 1&2 Farm at the time of the noncompliance
is hereby assessed a civil penalty of:
$ a(2 l) For violating Conditions No. I. I. of the General Permit
AWG100000 for wastewater runoff and discharge to Waters of
the State.
$Q c7 e TOTAL CIVIL PENALTY
$ 596.28 Enforcement costs
$ 1Q
'7,6 •;� $ TOTAL AMOUNT DUE

As required by G. S. 143-21 S.6A(c) in determining the amount of the penalty T have considered
the factors listed in G. S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(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.
v7. D
ate)
Theodore L. Bush, Jr. Chic
Aquifer Protection Section
Division of Water Quality

May 6, 2010
To: Keith Larick, Supervisor Animal Feeding Unit
Through: David May, Aquifer Protection Supervisor &I-Yn
Washington Regional Office
From: Marlene Salyer, Environmental Senior Specialist 7�11 �
Washington Regional Office
Subject: Enforcement Package DV
Lindell l & 2 Farm
Permit Number A W S40013 6
Greene County
Introduction:
On March 29; 2010 DWQ staff received a call from the Staff of Murphy -Brown
regarding a spill of waste water at the Lindell farm in Greene County. The spill resulted
from a broken pipe at the lift station on this facility.
The Finding, Decisions and Assessment Factors are attached for review.
Recommendations:
It is recommended that the appropriate civil penalties be assessed against this subject
facility, Lindell 1 & 2 Farm located in Greene County and Murphy -Brown LLC.

-350 j0, -6F02" A/
70 y7'k`t,q�,"1 141
P4*i WAShe
(f"r-key, �� f�

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Section I: General information
1. Facility Name: Lindell 1&2_Farm
2. Facility or Permit No.: AWS400136
3. Parry named in assessment: Murphy -Brown, LLC
4. Address: P O Box 856, Warsaw, North Carolina 28398
5. Telephone No.: 910-293-9364
6. Location of Facility: Facility is located in Greene County on SR 1253.
7. Type of Operation: Feeder to Finish swine
8. Registered Agent (if applicable): NIA
9. Registered Agent Address (if applicable): NIA
10. Date(s) of noted violations: March 29, 2010
11..Receiving Stream and Classification :Appletree Swamp C; Sw, NSW
12. Regional Office: Washington Regional_ Office
13. Report Prepared By: Marlene Salyer
Section II: Findings
Case Narrative: On March 29, 2010 staff'of NCDWQ, Aquifer Protection Section responded to a
call from staff of Murphy -Brown (Michael Norris) regarding a discharge from the -above
referenced facility. The.onsite . visit documented a runoff of waste water across a Frassed area and
woods and into the intermittent stream flowing to Appletree Swamp. Condition l.1 of the
General Swine Permit states- "_any discharge or application of waste to a ditch that drains to
surface waters or wetlands is wohibited.
2. Farm and/or company compliance History: This -facility has an overall good history and has been
ve!y well maintained and managed.
3. Amount of Waste discharged (if applicable), It was estimated by Mu h -Brown staff that 500
gallons or less was discharged
4. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Staff of
Murphy -Brown be an immediate measures to stop the runoff from further reaching the stream b
creating an earthen dam and then began to pump the wastewater back into the recycle system.
Damage? YIN: No, there did not appear to have been anydamage, however when wastewater
enters_a stream the potential_ for degradation of the stream and its life forms occurs.
6. Mitigating Circumstances: Staff (Mr. Wade) was checking another facility and when he returned
to the site he found a PVC line into the check valve at the flush tank had broken and runoff was
occurring. He immediately shut off this equipment.

7. Recommendations made to the owner/operator: It was recommended to monitor the equipment on
a frequent basis and to make repairs as needed.
8. Costs to the State for the enforcement procedures (Show Breakdown):
Total Staff Time $ 156.00
Central Office $ 100.00
Travel Cost (115 miles X .43) $ 49.45
Laboratory Cost (see table) 2$ 90.83
TOTAL $ 596.28
9. Recommendations for further DWQ Action: None
10. Other Comments: The incident occurred during a period of heavy rainfall so the intermittent
stream was flowing at a medium flow rate at least.
Section III: Assessment Factors required to be considered by G.S. 143 B-282. I (b)
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: An undetermined amount of waste water did
reach an intermittent stream to Atmictree Swamp that was flowine at the time. Animal waste
has -the potential to deplete dissolved oxygen in the affected water body to a point which is
harmful to aquatic life. Wastewater also contains nutrients, which have the potential to
spawn algal growth to the point which is harmful to aquatic life. Any impacted groundwater
may eventually find its wav into the surface water system. Overall. the degree and extent of
harm is considered light to moderate.
2. The duration and gravity of the violation: The break in the pipe only appeared to have been
happening for a short time before discovered. Upon discovery immediate action was taken to
prevent the waste water from continuing into the stream, Also the staff began to pump the
waste water back out of the wetland area. The duration and rg avity is considered minimal.
3. The effect on ground or surface quantity or quality: Samples were collected on February 9 &
10, 2010 and the results are as follows:
Analysis
Runoff Source
Upstream
Downstream
BOD
780 m L
2U m /L
2U
MF Fecal
650,000 CFU/100ml
1,000 CFU/100m1
2,500 CFU/100m1
NH3
22 m
0.08 m /L
0.29 m IL
NO2+NO3
1.4 m /L
1.9 m L
19 m L
Total K'cldahl N
35 m /L
1.3 m /L
1.7 m /L
3 A m L
0.26 m /L
0.55 m 71L
-Phosphorus

4. The cost of rectifying the damage: There is no way to totally remove all the waste from the
stream. There was some cost associated with the pumping of the wastewater from _the _woods
back into the system per man hours and cost of operating the pumps. The Permittee reports
incurring costs of $640.95 to„recover wastewater.
5. The amount of money saved by noncompliance: No money was saved since saving,occurs
when better management skills are implemented to improve overall management of the
facility, environmentally „and productively.
6. Whether the violation was committed willfully or intentional: NO, -this was not an intentional
release of wastewater. Murphy -Brown staff was not continuously monitoringthe he equipment
for leaks/breaks thus the incident happened.
7. The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority: The Lindell 1&2
Farm has an overall very good record and Murphy -Brown staff reacted very quickly to
implement a clean up plan.
8. The cost to the State of the enforcement procedures:
Total Staff Time $ 156.00
Central Office $ 100.00
Travel Cost (115 miles X .43) $ 49.45
Laboratory Cost (see table) 290.83
TOTAL $ 596.28

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF GREENE
File No. PC -
IN THE MATTER OF
Lindell 1 & 2 Farm
FOR VIOLATIONS OF SWINE WASTE } AND ASSESSMENT OF
MANAGEMENT SYSTEM )
GENERAL PERMIT AWG100000 ) CIVIL PENALTIES
PURSUANT TO NORTH CAROLINA }
GENERAL STATUE 143-215.1 )
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, 1,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section, of the Division of Water Quality
(DWQ) make the following:
1. FINDINGS OF FACT
A. Murphy -Brown LLC owns Lindell 1& 2 Farm, a permitted/certified swine animal feeding operation
in Greene County.
B. Murphy -Brown LLC was issued Certificate of Coverage AWS400136 under NC General Permit
AWG100000 for Lindell 1&2 Farms on October 1, 2009 effective upon issuance, with an expiration
date of September 30, 2014.
C: Condition No. 1. 1, of the "Performance Standards" of the General Permit states in part "Any
discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided
in this General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge
or through ditches, terraces, or grassed waterways not otherwise classified as state waters.
D. On March 29, 2010 a pipe at the lift station broke and a spill of approximately 500 gallons of waste
water occurred at the Lindell Farm in Greene County. Wastewater discharged to an unnamed
tributary to Appletree Swamp. Murphy -Brown, LLC does not have a valid permit for the above
described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $596.28

Based upon the above Findings of Facts, I make the following:
11. CONCLUSIONS OF LAW:
A. Murphy -Brown LLC is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
B. The above -cited incident where waste water runoff occurred and discharged into an intermittent
stream violated Condition No. 1.1. of the General Permit. Condition No. 1.1. states in part "any
discharge of waste that reaches surface waters or wetlands is prohibited..."
C. Murphy -Brown LLC may be assessed civil penalties in this matter pursuant to G. S. 143-
215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who is required but fails to act in
accordance with terms, conditions, or requirements of a permit required by G. S. 143-215.1.
D. The State's enforcement costs in this matter may be assessed against Lindell 1&2 Farm pursuant to
G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8).
E. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
111. DECISION:
Accordingly, Murphy -Brown LLC owner of Lindell 1 & 2 Farm at the time of the noncompliance
is hereby assessed a civil penalty of:
For violating Condition No. 1.1, of the General Permit for a
discharge into surface waters or wetlands.
$ TOTAL CIVIL PENALTY
$ 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. 143B-282,1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(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) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality

Table La Laboratory Costs
BOD $18.11 X 2 =36.22
Fecal $17.75 X3= 53.25
NH3 asN $16.07 X3=48.21
NO2+NO3 $18.37 X 3=55.11
TKN $16.39 X 3 =49.17
P 16.29 X 3=48.87
TOTAL = $290.83

A*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
June 9, 2010
Murphy -Brown, LLC
Lindell 1 &2 Farm
PO Box 856
Warsaw, North Carolina 28398
SUBJECT: Remission Request
Farm # 40-0136
Green County
File No. DV-2010-0052
Permit No. AWS400136
Dear Murphy -Brown, LLC:
This letter is to acknowledge receipt of your request, on June 9, 2010, for remission of the civil
penalty levied,against the subject facility. The Director of the Division of Water Quality will
review your evidence and inform you of her decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Miressa Garoma
Animal Feeding Operations Unit
�cc:_.David_May, Wa§hington=APS-Regional_Supersor
52 vi
File # DV-2010-00
APS Central Files
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588 FAX 2: 919-71M0481 Customer 5ervice:1-877-623.6748
Intemet� www.ncwatergualitv,org
( I i }•1
�I r J„—r,= OFFICE
a
One
NorthCarolin.a
Naturally
An Fniial rinwhin1W ASTrn;itivF Aclinn Fmnlnvar

NCDE�lR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Co4een H. Sullins Dee Freeman
Governor _ Director Secretary
Aquifer Protection Section
April 13, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7009 2250 0000 9252 2999
Murphy -Brown, LLC
Lindell 1 &2
PO Box 856
Warsaw, North Carolina 28398
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Lindell Farm, Facility #40-136
Permit #: AWS400136
Greene County
NOV-2010-PC-0345
Dear Murphy -Brown:
On March 29, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) responded to
a call from Mr. Michael Norris regarding an accidental discharge of waste water from the above referenced facility. The
onsite visit documented a runoff of waste water into the tributary to Appletree Swamp.
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 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. AWG100000 that you
are covered to operate under, Specific violations are as follows:
Violation 1:
Failure to prevent a discharge of waste that reaches surface water, wetlands, or a ditch that drains to surface water or
wetlands in accordance with Condition I, 1. of Swine Waste System General Permit No. AWG100000,
Required Corrective action for Violation 1:
Take all action necessary to abate any damages and to prevent reoccurrence of such discharge event again.
North Carolina Division of Water Quality Inlemel: WWW.ncwatcrqualit
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 I'AX 252-946.9215
An Equal OpporlunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper
Nne
orth Carolina
Naturally

f
Page two
Lindell Farm
April 13, 2010
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to
the Director of the Division. if you believe there are factors, which should be considered, please send such information
to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is deemed appropriate, it will be forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of
the Division of Water Quality who may issue a civil penalty assessment of not more than 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 Marlene Salyer at 252-948-3846 or me at 252-948-3939,
cc: Keith Larick CAFO Unit
Murphy -Brown LLC
Greene SWCD
D ,,WC - WaRo
I1 S files
E.
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ru
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Er-
S incerely,
David May
Regional Supervisor
Washington Regional Office
lJ - sal Ser►iice rr., !
C IFIED QIL;i,.s RECEIPT
(mot estic Mai! Only; No lnsurartce Coverage Provided)
F F
Postage $
Certified Fee
0
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Return Recelpt Fee
0
(Endorsement Required)
r-3
Restricted Delivery Fee
(Endorsement Required)
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Total Post— c �a
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Murph r Brow rn..
Murphy -Brown East
April 26, 2010
Mr. David May
NC DENR Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
PO Box 856
Warsaw, NC 28398
Re: NOV response letter for accidental spill at facility # 40-136 Lindell Farm.
In response to your NOV notification letter, the following steps have been taken:
1) 18 man hrs was spent recovering effluent at a cost of $640.95.
2) The broken pipe at the lift station was repaired.
3) Murphy -Brown's environmental engineer is making plans to install earthen waterways
to provide containment for any potential future equipment malfunctions. The
approximate cost for installation is $5,000.00.
Murphy -Brown LLC is committed to environmental stewardship, and we feel that we
responded quickly and effectively in containing and cleaning up the spill. In addition, actions are being
taken to prevent future spills at this site from affecting waters of the state by the utilization of a
secondary containment. We ask that the division take into consideration both the cleanup efforts, and
our investment in a secondary containment structure when deciding on enforcement penalties.
Should you have any other concerns about this issue please do not hesitate to contact me at 910-293-
9364 ext 241.
Sincerely,
Michael Norris
Environmental Resource Specialist
Murphy -Brown LLC
-,
APR 2 8
2010
Y
l �

©�0� WAT�o pc.
r
a �
Incident Type: Emergency
Category: APS - Animal
Incident Started: 03/29/2010
County: Greene
City:
Farm #: 40-136
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
CitylStatelZip:
Phone:
Incident Report
Report Number: 201001288
Material Category: Estimated Qty: UOM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: I
Reported By:
FirstlMicill-asl Name! Michael Norris
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: 1
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Lift station at facility which is off SR 1253 in Greene county
Address:
CitylStatelZip
Report Created 04/12/10 03:22 PM
Page
1

�f
Cause/Observation:
a PVC line going into the check valve broke and the waste water
was flowing out on to the ground.
Action Taken:
As soon as the break was discovered by staff the pump was shut
off. They proceeded to dam up the waste water and pump it
back into the system with sump pumps.
Incident Questions:
Directions:
Comments:
It appeared that the staff at this facility had taken all the proper steps to
clean up the spill as much as possible.
Did the Material reach the Surface Water? Yes Conveyance ; Ditch
Surface Water Name? Appletree Swamp
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Access to Farm
Structure Questions
Groundwater Impacted : Unknown
Animal Population Spray Availability
Other (Please explain in Part II)
Report Created 04/12/10 03:22 PM Page 2

Access to Farm
Farm accessible from the main road? 9Yes ❑ No ❑ NA ❑ NE
Animal Population
Confined? O Yes ❑ No ❑ NA ❑ NE
Depop?
❑ Yes ❑ No ❑ NA ❑ NE
Feed Available?
❑ Ye5 ❑ No ❑ NA ❑ NE
Mortality?
❑ Yes ❑ No ❑ NA ❑ NE
Spray Availability
Pumping equipment? Yes ❑ No ❑ NA ❑ NE
Available Fields?
® Yes ❑ No ❑ NA ❑ NE
Structure Questions
Breached?
❑ Yes Ig No ❑ NA ❑ NE
Inundated?
❑ Yes R No ❑ NA ❑ NE
Overtopped?
❑ Yes ®No ❑ NA ❑ NE
Water on outside wall? ❑ Yes
®,No
❑ NA
❑ NE
Poor dike conditions?
❑ Yes
9 No
❑ NA
❑ NE
Event Type Event Date Due Date Comment
Referred to Regional Office - Primary Contact
Report Entered 2010-03-30 10:33:15
Report Received 2010-03-29 02:00:00
Incident Start 2010-03-2911:00:00
Standard Agencies Notified:
Report Created 04/12/10 03:22 PM Page 3

Agency Name Phone
Other Agencies Notified:
Agency Name Phone
First Name M.I. Last Name Contact Date
First Name M.i. Last Name Contact Date
DWQ Information;
Report Taken By: Report Entered By: Regional Contact:
Marlene Salyer Marlene Salyer Marlene Salyer
Phone;
DatefTime: 2010-03-29 02:00:00 PM 2010-03-30 10:33:15 AM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 04/12/10 03:22 PM Page 4

County:
Greene
Sample ID:
AB56422
River Basin
W
PO Number#
W100268
Report
�0F
To
WAROAE
�0
Data Received:
0312912010
Time Received:
19:00
Collector:
M SALYER
p [
Labworks LoginlD
MSTARR
Region:
WARO
Report Generated:
4l20110
Sample Matrix:
SURFACEWATER
Data Reported:
412012010
Loa Type:
EFFLU@NT
Emergency Yes/No
Visita)
COC Yes/No
Loc. tloscr.: M•B LLC SOURCE 1%d -!3¢
iiiiii (((
I
Location ID:
WAROAPNLC
Collect Date: 0312912010
Collect Time: 16:45
Sample Depth
CAS # Analyte Name PQL ResUIV Units Method Analysis ValidaLd by
Qualifier Reference Date
WARD
Sample temperature at receipt by tab 3.0 'C 3129/10 SMATHIS
Coliform, MF Fecal in liquid 1 650,000 84 CFUl100ml APHA9222D-20th W29110
I I
APB 2 3 2010 Il�;�j
ICE
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
For a detailed description of the qualifier codes refer to www.dwglab.org under Staff Access
Page 1 of 1

GROUNDWATER FIELDILAB FORM to
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FIELD ANALYSES
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LABORATORY ANALYSES
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COb La-, 33', mg:L
CtLdorm LIF Feca6 3'5 EOOrrd
Catdnm, R1F Ta__,a4 :tQOra
TUC 680 Mr
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Eicartlurulc 443�
Cau:difyid 4115 m;4 11
Chlmle 941, m•�L
Cdul' TrDe8+: �CU
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Data Entry By_ Ck:
Date Deported:
se:
Baseline, Compiaint, Complizime, LUST. Pesticide Study. Fpde.al Trust. Other;
,o of sampling point .Z -y"'e ,3_A _
Method Seanple Ill al
FUlnnd� 451 nil.
k?atr:rress. TntnE �.� aEg L
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fspetik Cont.g5 ul,thcsF m
t Sulfata 34s .._„
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1{i-!_ as N GTE: rr, yL
TKN as N 625 m¢L,
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P. Total as P 61— rr,. C_
Nivata (Nr),as 1?i 52 it-41 I
NitritetNC7. as N} ri 15 IL -
REV- 7•ro3 For Csssalvcv i--nai}sis-submlt filtered imnrlc a•�
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Sa-8a_;lim 4fi,58
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fdn•R{ang3ne'x az°Ei �'---Tu�;t,
i Nn-a .itlr, 4EE f Ir
N�-Nick+l up•t '
i Ft -Lead 4eti4 uni I
se-S41r,?itt m U4,1
Zn-23n� 4fi38; _ �
rresl.•_-des
$gsnrvWdl�t Dli�rfnlC� ___"
TPH-Dined Range
S;rlatitr, (lrar_[5 ssj,it r{,gGci I
TPH-Gasotme Flan
T Pii-6T EX
LAEi USE OTHLY oc,(
Temperature on arrival i'C.r

County:
Greene
Sample ID:
A956420
River Basin
�0F Nf'd A 7Fi4Q
PO Number #
W100284
Report To
WAROAP
�O
9
Date Received:
0312912010
`?
r
Time Received:
19:00
Collector.
I,�i SALYER
O
Labworks LoginlD
MSTARR
Region:
WARO
Report Generated:
4122110
Sample Matrix:
SURFACEWATER_
Date Reported:
0412212010
Loc. Type;
Emergency Yes/No
RIVEMTREAM
VisitlD
COC Yes/No
LP -:2^
Loc. Descr.; g M-LL UPSTREAM I{D-/3G
OS
Location ID:
WAROAPNLC
Collect Data: 0312012010
Collect Time: 16:30
Sample Depth
Result/
Method
Analysis
CAS # Analyte Name �
Units
Validated by
-
Qualifier
Reference
Date
WARD
Sample temperature at receipt by lab
3.0
°C
3/29/10
SMATHIS
BOD, 5-Day in liquid 2
2 U
mg/L APHAS210B
3131110
ESTAFFORD
Coliform, MF Fecal in liquid 1
1,000.
CFU/100ml APHA9222D-20th
3/29110
CGREEN
r
' APR 2 6 2010
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
For a detailed description of the qualifier codes refer to www.dwglab.org under Staff Access
Page 1 of 1

`r'� j) ��# Nl:tltl C:irnttna .
GROUNDWATER FIELD/LAB FORM i �r]�q D-c) Der[t!(r 9fime3i=rla:ler:tris:ttlrlrld litltiaIR@54UrCCS
DiViSiCiRt OF t":A.iF_fz Ufiltl Y Rf t1NOWfi .ER SECTION
Location code Sr._r:,nLE JYP[
county 42"eln�- X water
Quad No _ Serial ND, G S61
Long. D tinier
Chain of Custody
Repo. r To, ARO, FRO, KIM Rf2O, YnK0 wif'20 — —
WSRO- Kinston FO, f-ed, TrL€st Central Of., Other _
Shippec: by Bus, Courier,(- arid D Other_
Collector(s): t a!Q ". -/C Tim
FIELD ANALYSTS
PH ac., Spec, C,ond.;A at 25°C
TmF 1f= 'G Odor
Appearance
Fiela Analysis Sys
LAW-WAI UN ANAL Ybt`>
.r
10:0
-- � Coll?ann. !h� Ftx.11 ttGtr�
rtUtlml
Cnb'armTa1,4 3t504
11f}ulni ,
t roc 410
f
m9:1
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-
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�.
i ! PFr 4^_3
m [a t
to mi a s 4.0
a_y==L�
AEi•.�!rnny 1p ill+
CamonatF 445
nss"L
i Blcarbmite 440
...� F
fn
1 F C'.i1tJIx14:1:1'Oi?F. 4ir5
!lift`']..
r C tb ium He, t«3: UgR
— C.4ol Tmc W
Cl
_F Cyanide �`
rn -
Lab Comments
St�r,11?i.i_ PRIORITY
FIn�Ygt:rlcy I '
1
Lab Nunlf of 1,,j I U 0-�-Tq
Dati! R ::1:•Itr:t7 3 3r? !0 Time: -7-'00 tW
Rec'd By: 11.. Fror :Sus, Courier, Hand bo
0- er
Data Entry fay. G
Baseline, Complaint, Compllanct=, LUST. Pesticide Stt;dy, Federal Trust, Mor:
Ovmer
Lccatton or; Site • _ f t �-_ -
Description. of sampLr. pant
Sampting 4Aelhok1-ezk&&=
Rem
tllsi `at>li<I•: "e•'t is) .-.--.......,.._.-�-.�
m�.r_ Ery
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ua:I
etar in.:;s nutµ awti
ff:ln inctia ;r.!rres L} 932
mgA €_
ual
vsa..'r, a:rSSt
u.. tL
Yr>cn%F 32;3f
ugd i
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i-A-Cadrrli ;m 46553
5FIlm` It vend: `i- uilhovcm
&J"31 • 945
sid'o.74,
m3:4 i
mg:L !
=ir-Crrornitrm 46559
I_ [.� ten[:pGf 46567
l F'a•trcn 46563
—.--
t I
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S�F; I2a[_:s S. u:`r 46455_
hl:l al; :.rsrun•4�5:14
mp[L
45;If5
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m0i i i I
r1a-avyulm 4G556
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l.�`rrel2nwm K
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m4sl
ug4
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barrilme
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County:
Greene
Sample ID:
AB56421
River Basin
pFwAiQ
PO Number#
W100285
QGy
Report To
WAROAP
�O�
� r
Date Received:
Time Received:
03129/2010
19:00
Collector:
M SALYEft
O Y
Labworks Lag'tnlD
MSTARR
Region:
WARD
Report Generated:
2110
Sample Matrix:
SURFACEINATrER
Date Reported:
41
04122120i0
Loc. Type;
RIVERISTREAM
Emergency Yes/No
VisItlD
COC YeslNo
Loc. Descr.: M-B LLC DOWNSTREAM
0 —0
r
Location ID:
WAROAPNLC
Collect Date: 03/2912010
Collect Time; 16:40
Sample Depth
CAS # Analvte Name PQJ
Result) Units Method Analysis Validated by
Qualifier Reference Date
WARO
Sample temperature at receipt by lab
3.0
'C
3/29110
SMATHIS
BOD, 5-pay in liquid 2
2 U
mgfL APHA52108
3131/10
ESTAFFORD
Coliform, MF Fecal in liquid 1
2,500
CFU1100ml APHA92220-20th
3l29110
CGREEN
t •
APR 2 6 2010
Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699.1623 [phone]
For a detailed description of the qualifier codes refer to www.dwglab.org under Staff Access
Page 1•of 1

1-haarl Carolina
GROUNDWATER FIELDILAB FORM
llepaampni ol' tn Fnviioneta aiwd ?I- wM H r,!sw�rce-
SK 0 PIVI -)N0FWATFR0UA1JTY it j
Location code �,Apt F 1-7111-
�rarLab NLunber
OuaO No sia-11 No. DateReceived �3�0t!�--Tirnp, '7�'O
Lat. Long._ Rec'd By: 'From BUS, Courier, Hand e-1,
D CV-iir. rf Cuslori-f i tOther CAL
Report To- ARO, FRO, MR0, RR0,6�j%MRO. Data E-nrry By: Ck
WSRO, Kinston FO Fed. Trust. Central Off., Other, Date Reported.
Stiiupedl by. Bus, CL1Ufje.,, and ne Cther. Purpo'se-
Col leclar(s)- In. el IV gfft- T:mo 4401 Baseline. Complaini, Cow-pliwice, LUST, Pesticide Study, Federal Trkjs', Olhef:
FIELD ANA LYSES T a Ownsr�- 1,r,0tvk1--
pH 4c:, Spec. Cond. 251C Location or Site- /-T
Temp.la 'C Odor [3es-"ption of sampl.-u; p6nt
Appearance Sampling idei hact J!� Sample Interval
I
Fic4d Analysis Py:_ Remarks
LABORJkTORY ANALYSES i jPufq,mj I—, IMP .1c I
�nO� 3 IQ
COD
C;-OD
TQC U'A
Tw-hait,; 76
tilt]
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cNq"de 9-0
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ug[L
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cu
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WL
Lab Comments
[)is% Suj,.!a , ODD
Fl u0nde 5t I
"Jfdnest I Oita %N
tiarunrss attj. n01
any
1,4ti'Aa 32-113
Lag I
Sut!wd S41
mq-t
04 i6-"3 G:enw
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mg.'L!
TKN os N F.'s
14 530
ing 10
P: I ouff a S P 6 k5 b
rw MI!
Nitrate frlo. a& N,
fng?u
-m9tLI
Z;,11-64 PZV W03 i'cf ved Analysis-suoraw fdwfad sample and wniv -DJS' rn tAtx,,
Ca-Calzi-,rp 4-55r,2
C' r,ChFl A,-ri 46559
NmPW,al.iPUM 4jj55S
Al-?VM1idrw`S:urT, 4e�y4
M fi• Mlnrj.rl ri e S e 4 6 r
--P-567
Arad klnn,ir4 om
PCs$
—TIIH�D,�Sel —P.Hge-
�fiVdAtic
070aNf% Vr;11- OnWal
Temperature on arrival 1,C5. 'j I

91 w
14.
A
Cern
.,Cwn
y BM
hem
9
-Al
V
em
--Cern
4
Swa-mi; I
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30
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2�fl
(C) 1997. Maotech. Inc

Coovdoht (C) 1997, Maotech. Inc

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v(Jc c.) b c. txj r � ,l
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17� au h,ry e m u es f`0 .s f�/r45 e
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/
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Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 24, 2003
Murphy Family Farms
PO Box 759
Rose Hill NC 27883
Subject: Notice of Deficiency
Lindell 1 & 2
#40-136
Greene County
Dear Sir or Madam:
Alan W. Klimek, P.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly
appreciate the effort that you made in compiling this information and sending it to our Washington Regional Office
by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as
required by your permit and worked with our staff to mariage the problem once it occurred.
Upon review and consideration of the information submitted, the Washington Regional Office has determined that
this Notice of Deficiency.is being issued by the Division for the high freeboard levels at the subject facility.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range (21.5" to 80.3").
These methods include, but are not limited to, water conservation practices, adding additional application sites,
updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the
lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to
continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your
system.
Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our
Washington Regional Office at 252-946-6481.
Sincerely,
4'o
Jimigan,
Water Quality Supervisor
Washington Regional Office
CC: Non -Discharge Compliance and Enforcement Unit
Central Files
�,WiRO
dbc files
NCb R
Customer Service: Mailing address: Telephone: [phone] Location:
1800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Murphy Milling Co
Lindell Nursery
Rt 2 Box 177
Stantonsburg NC 27883
Dear Mr. Sir:
1DE1HNF;Z­-.
WASH NGTONEOFFICE
April 3, 1997
APR 0 i 1997
M IE RL
SUBJECT: Notice of Violation
Designation of Operator in Charge
Lindell Nursery. .
Facility Number 40--136
Greene County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
Ott
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Washington Regional Office
Facility File
Enclosure
P.O. Box 29535, �41% FAX [phone]
Raleigh, North Carolina 27626-0535 'UfAn Equal Opportunity/AFfirmofive Action Employer
Telephone [phone]% recycles/10% post -consumer paper