820715_NOV and Intent to Assess_20190723

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July 23, 2019
CERTIFIED MAIL: 7010 3090 00013169 6356
RETURN RECEIPT REQUESTED
Murphy -Brown LLC
PO Box 856
Warsaw, NC 28398
Subject: NOTICE OF VIOLATION/NOTICE OF RECOMMENDATION FOR
ENFORCEMENT
Administrative Code 15A NCAC 2T .1304
NOV-2019-DV-0284
Carroll's Farm 2096 Facility No. 82-0715, Permit No. AWS820715
Sampson County
Dear Murphy -Brown, LLC.:
On June 17, 2019 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), received a phone call with regard to a discharge at the farm listed above.
On June 18, 2019 DWR Staff inspected the site. Michael Norris of Murphy -Brown and other staff were
present. We wish to thank them for their cooperation and assistance.
As a result of these inspections, 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 prevent discharge of waste to surface waters or wetlands by using a manmade conveyance.
N.C.G.S. 143-215.10C - (Permit No. AWG200000 Section Conditions 11).
On June 17, 2019 the Fayetteville Water Quality Regional office staff received a phone call from Mr.
Mike Norris stating that an irrigation pipe was broken at a field ditch crossing between the corn field and
pasture field on the right hand side of the farm path. The pipe had been broken at an undermined date.
Mr. Norris stated the underground irrigation system had not been used for several years because they have
been using the airway system to apply waste from the lagoons. When the system was charged for
irrigation, a discharge occurred. Murphy -Brown staff constructed a containment area in the ditch and
began pumping waste onto a pasture field which is part of the waste utilization plan. DWR staff
documented the discharge with pictures and water samples on June 18, 2019.
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
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910.433.3300

Page 2
Murphy -Brown, LLC.
July 23, 2019
Required Corrective Action for Violation 1:
DWR staff have documented that the repair has been made to the irrigation pipe. If you have not done so
already, remind your Land Nutrient Management Staff to inspect all irrigation lines that are exposed after
mowing events, and make sure these exposed irrigation lines are marked with post. DWR staff noted this
one was marked, but it was partially obscured by vegetation. If you use outside contractors to cut your
ditch banks, make sure they are aware of any exposed irrigation lines.
The Division of Water Resources would like to thank Mr. Michael Norris for providing the items listed
below, received at the Fayetteville Regional Office on June 24,2019.
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 these violations from
occurring in the future.
3. Provide a copy of the press release and name of newspapers it was presented too.
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 wish to present an explanation for the violations cited,
or if you believe there are other factors which should be considered, please send such information in
writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still 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 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 Bill Dunlap or me at [phone]
Sincerely,
Do�c�u�5igyne by
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Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Debra Watts, DWR Animal Feeding Operations Program
Fayetteville Regional Office WQROS files