400160_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua'

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

Water Resources
LNviup!4MENT AL QVAy.�t Y
January 3, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7014 0150 0000 7802 4942
Mr. Richard S. Harper
Rick Harper Farm
960 Newell Rd.
Snow Hill, North Carolina 28580
Subject: Notice of Violation — Records 8r Documents
Rick Harper Farm #40-160
AWS 400160
Greene County
NOV-2016-PC-0659
Dear Mr. Harper:
ROY COOPER
S. JAY ZIMMERMAN
f . n 1.
On September 30, 2016 a compliance inspection was conducted on your facility in Greene
County. On this date the records and documents section was incomplete as was noted with
questions 24 (calibrate waste equipment) and 25 (complete annual sludge survey) on the
inspection form. You were sent a reminder on December 9, 2016 of the need to submit both
articles to Washington Regional Office. To date, the referenced information has not been
provided.
Please be advised that failure to complete the required records and documents section of the
facility's Certified Animal Waste Management Plan and with Condition 11. 1 & 24. of NC Swine
Waste System General Permit could result in other actions being taken by the Division in
response to compliance matters.
Violation 1: Failure to calibrate waste application equipment as required by Condition il. 24. of
NC Swine Waste System General Permit.
Required Corrective Action for Violation 1: Conduct a calibration of waste application
equipment -immediately, following with calibration every other year and have available in records
on site.
Violation 2: Failure to complete annual sludge survey as required by Condition 11. 1. NC Swine
Waste System General Permit.
Required Corrective Action for Violation 2: Conduct a sludge survey yearly and have report
in records on site.
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481
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eraT RICK HARPER FARM
A1TN: RICHARD S. HARPER--------
Cary, 'tat+ 960 NEWELL ROAD
........
SNOW HILL, NC 28580
Gi3 .

January 3, 2017
Rick Harper Farm
Cont. Page Two
Please work to ensure that your facility is managed in a way to maintain compliance with permit
and animal waste management plan requirements. 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 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. To minimize the
potential for any possible future compliance matters attributable to prolonged wet weather
conditions, you may wish to review your animal waste management system design, as well as
the waste plan itself, for any potentially beneficial modifications and/or improvements.
If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
r-
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation Disrict
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files

Wu ter R esources
_NVIRQNM.EN F AL DUAL II Y
April 14, 2016
Mr. Richard S. Harper
Rick Harper Farm
960 Newell Rd.
Snow Hill, North Carolina 28580
Subject: Notice of Deficiency - Freeboard Level
Rick Harper Farm #40-160
AWS 400160
Greene County
NOD-2016-PC-0065
Dear Mr. Harper:
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY Z[MMERMAN
We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some
areas. Thank you for your recent call regarding the freeboard levels at your facilities On
February 16, 2016, during a telephone conversation with staff of the NC Division of Water
Resources (DWR), you reported a high freeboard level (17 inches) in the primary lagoon.
Please be advised that failure to maintain waste levels in your lagoon/storage ponds in
accordance with the facility's Certified Animal Waste Management Plan and with Condition V.
2. of NC Swine Waste System General Permit could result in other actions being taken by the
Division in response to compliance matters.
Deficiency 1: On February 27, 2016, a lagoon/storage pond level was documented at 18 inches
of freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your
permit and Certified Animal Waste Management Plan.
If you have not submitted a 30-day Plan of Action please do so as soon as possible. Take all
necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
State of North Carolina ! Environmental Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Washington Square Mail, Washington, NC 27989
252.946-6481
- }

April 14, 2016
Rick Harper Farm
Cont. Page Two
Please work to ensure that your facility is managed in a way to maintain compliance with permit
and animal waste management plan requirements. 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 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. To minimize the
potential for any possible future compliance matters attributable to prolonged wet weather
conditions, you may wish to review your animal waste management system design, as well as the
waste plan itself, for any potentially beneficial modifications and/or improvements.
If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
David May v
Water Quality Regional Operations Supervisor
Washington Regional Office
Cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation Disrict
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files

MCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Harper, Richard
Rick Harper Farm
960 Newell Rd
Snow Hill, NC 28580
Dear Permittee,
Division of Water Duality
Coleen H. Sullins
Director
June 28,-20t
Subject: Notice of Violation
Rick Harper Farm
Permit Number AWS400160
Greene County
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee ($)
2008PR001501
2/11/2008
3/12/2008
180.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. 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 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. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on -your, check and
mail this payment to: 'i% \�
Division of Water Quality — Budget Office,',
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
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1636 Mail Service Center, Raleigh, North Carolina 27699-1636
t.os ation: 2728 Capital Blvd., Raleigh, North Carolina 27604 Ok]P Phone: [phone] FAX: [phone] Customer Service: 1-a7 N?-623-6748 Orttf ! C aTol.i n a
intemet: www.ncwaterquality.org 'J�y'}��f�t'����_ Y
Ao Equal Opportunity % Affirmative Action Emplover N s1 IJ�

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
[e-mail].
Sincerely,
-V-z- ,'
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Washington Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS400160)

C®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Richard S Harper
Rick Harper Farm
960 Newell Rd
Snow Hill, NC 28580
Dear Richard S Harper:
Division of Water Quality
Coleen H. Sullins
Director
October 1, 2009
Dee Freeman
Secretary
Subject: Certificate of Coverage No. AWS400160
Rick Harper Farm
Swine Waste Collection, Treatment,
Storage and Application System
Greene County
In accordance with your renewal request, we are hereby forwarding to you this Certificate of Coverage
(COC) issued to Richard S Harper, authorizing the operation of the subject animal waste management
system in accordance with General Permit AWG100000.
This approval shall consist of the operation of this system, including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the Rick Harper Farm, located in Greene County, with a swine animal capacity of no
greater than the following annual averages:
Wean to Finish: Feeder to Finish: 4000 Boar/Stud:
Wean to Feeder: Farrow to Wean: Gilts:
Farrow to Finish: Farrow to Feeder: Other:
If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where
boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be
replaced by gilts at a rate of 4 gilts for every 3 sows.
The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void
Certificate of Coverage Number AWS400160 that was previously issued to this facility. Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system
for collecting and maintaining the required monitoring data and operational information must be
established for this facility. Any increase in waste production greater than the certified design capacity or
increase in number of animals authorized by this COC (as provided above) will require a modification to
the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or
number of animals.
Please carefully read this COC and the enclosed State General Permit. Please Ray careful attention to the
record keeRing and monitoring conditions in this permit. Record keepinp forms are unchan ed with this
General Permit. Please continue to use the same record keening forms.
1636 Mail Service Cemnr, Ralegb, North Carolina 27699-1636
Location: 2729 Capita: BNd., Rale:ga, North Carolina 27604 (lrrc
Phone: 919-?33-3M l ; Ak 91 s415-0586 4 Customer Service: 1-877-623-6748 N [?ri h C lro l li 1 a
Intern®C www.newaterau@h Y.org
5n Eaus! Qpp7m nity i A rma v= RcLro=T?loyer

If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful
evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, then an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
In accordance with Condition 11.22 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watch/warning information for your county by calling the Newport/Morehead City, NC
National Wcathcr - Scrvicc officc at [phone], or hj visitii;g t;icir wcusitc at:
www.erh.noaa.gov/er/mhxt
This facility is located in a county covered by our Washington Regional Office. The Regional Office
Aquifer Protection Staff may be reached at [phone]. If you need additional information
concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at
[phone].
Sincerely,
for Coleen H. Sullins
Enclosure (General Permit AWG100000)
cc: (Certificate of Coverage only for all ccs)
Washington Regional Office, Aquifer Protection Section
Greene County Health Department
Greene County Soil and Water Conservation District
APS Central Files (Permit No. AWS400160)
AFO Notebooks
Murphy -Brown, LLC

State of North Carolina
Department of Environment and
Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NCD1ENi!i
NORTH CAROI.LINA DEPARTMENT c>F
ENVIRONMENT AND NATURAL RF_SOLJRCES
DIVISION OF WATER QUALITY
February 3, 1999
Mr. Rick Harper
Rick Harper Farm
Rt. 1, Box 323H
Snow Hill, North Carolina 28580
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Rick Harper Farm
Facility No. 40-160
Greene County
Dear Mr. Harper:
On June 26, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at
the Rick Harper Farm in Greene County. A copy of the inspection report is
attached for your review.
In general, this inspection included verifying that: (1) the farm has a Certified
Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm
is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill
1217, the Certified Animal Waste Management Plan and the General Permit; (3)
the farm operation's waste management system is being operated properly under
the direction of a Certified Operator; (4) the required records are being kept; (5)
there are no signs of seepage, erosion, and/or runoff. The following deficiencies
were observed during the inspection.
The Certified Animal Waste Management Plan records did not include a soil
analysis for 1997.
943 Washington Square Mail, Washington, North Carolina 27889
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Page Two
Rick Harper Farm
Facility No. 40-160
February 3, 1999
➢ Failed to have the required waste analysis. The wastewater must be sampled
within sixty (60) days of application. It is suggested to collect a sample for
analysis every 120 days to meet the requirement.
➢ The CAWMP needs a copy of the DWQ Certification form.
It is very important as the owner and the Operator in Charge that you resolve
these aforementioned deficiencies and any other problems that may arise, as
soon as possible. For additional assistance, please contact your Technical
Specialist. Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have resulted or may result from
these deficiencies.
Thank you for your cooperation and assistance during the inspection. Should
you have further questions or comments regarding this inspection, do not
hesitate to call at [phone], ext. 321.
Sincerely,
C;�" P. QUCA,--
Daphne B. Cullom
Environmental Specialist
cc: Jake Barrow, L.L. Murphrey Hog Company
Greene County SWCD Office
Mike Regans, Greene County NCCES Office
DSWC-WaRO
Compliance Group
WaRO

Facility Number Date of Inspection
L I Time of Inspection � 24 hr. (hh:mm)
p Registered N Certified p Applied for Permit 0 Permitted 113 Not Operationa Date Last Operated:
Farm Name: RickHarper.Farm..................................................................-.......... County: Greene WARO
OwnerName: Rick ........................................ Harper ....................................................... Phone No: 912n747A.732............................................ ..... ........
Facility Contact: .......................................... Title:
MailingAddress: Rt.1..Box.323H...................................................................................... SELO.W..Hil.L.NC ....................................................... 2858J...............
Onsite Representative: Rick Harper ............................................. ..................... Integrator.LL.]. iLr�t.eX..Cumpiany.-•................._....
.............. ......
Certified Operator: RichardS ............................ Harpter.................................. ........... Operator Certification Number: 1029................... .......
Location of Farm:
Latitude Longitude ©. ®° ©µ
r Swine esign r urren_ — estga r �, urren �r b es!gn W urren
Capactty Population Poultry__ Capacity Populat�on< Cattle r Capacity Population
pWean to feeder
`
p Layer
s
m
® Feeder to is
p on -Layer
p Farrow to Wean
-
,.
p Farrow to Fee erIt
p Farrow to FinishW
_
=x ` TotalYDesil
'
�..
_I
¢ T
0 Gilts
. _54
7
13 Boars
'
General
1. Are there any buffers that need maintenance/improvement? p Yes N No
2- Is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: p Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? p Yes 13 No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes p No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) Yes p No
3. Is there evidence of past discharge from any part of the operation? p Yes ® No
4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ® No
5. Does any part of the waste management system (other than lagoons/holding ponds) require p Yes ® No
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ® No
7. Did the facility fail to have a certified operator in responsible charge? p Yes H No
7/25/97

M.
Facility umber: 40_160 1 Date of Inspection
S. Are there lagoons or storage ponds on site which need to be properly closed? p Yes ® No
Structures a oons Holdin Ponds Flush Pits etc.
9. is storage capacity (freeboard plus storm storage) less than adequate? p Yes H No
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Structure 6
Identifier: .................. ....... ........ ....................................................................... ................................................................
Freeboard (ft): 2.3 ft.
10. Is seepage observed from any of the structures?
p Yes N No
11. Is erosion, or any other threats to the integrity of any of the structures observed?
p Yes ® No
12. Do any of the structures need maintenance/improvement?
0 Yes ® No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
p Yes N No
Waste Application
14. Is there physical evidence of over application?
p Yes N No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ................... .S,aybeaus...........................................� at.....................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
p Yes ® No
17. Does the facility have a lack of adequate acreage for land application?
p Yes ®No
18. Does the receiving crop need improvement?
p Yes ®No
19. Is there a lack of available waste application equipment?
p Yes ® No
20. Does facility require a follow-up visit by same agency?
p Yes ® No
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
p Yes ® No
22. Does record keeping need improvement?
p Yes ® No
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
p Yes H No
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
p Yes ® No
25. Were any additional problems noted which cause noncompliance of the Permit?
® Yes p No
Q..oviQ tions.or crencies'were.note urltngt rsvlslt.. as receive nor er.
..,gerrespoj3 ivnee aWtit ibis v�s�t::
Reviewer/Inspector Name
Reviewer/Inspector Signature:
a1r a B�CuI om77
Date:
b- a6 `( a