820642_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W . Klimek, P.E . Director
Division of Water Quality
July II , 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy-Brown, LLC
PO Drawer 856
Warsaw, NC 28399
To Whom It May Concern:
Re: Notice of Deficiency
High Freeboard
Waycross Farm
NCA282642
Sampson County
On 1/22/2007, you or an employee of your farm notified the Fayetteville Regional Office
Division of Water Quality, as required by the Swine Waste Management General Permit
NCA200000 Section III 11 (e), that the freeboard level of the lagoon was 18.0 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CA WMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of
structural freeboard."
We appreciate your cooperation in self-reporting high freeboards and providing records.
Please bear in mind that high free boards must be reported by phone, email , fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards . They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
Aquifer Protection Section
Internet: www.ncwaterguality.org
1636 Mail Service Center
Location: 2728 Capital B oulevard
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Raleigh , NC 27699-1636
Raleigh, NC 27604
Telephone:
Fax 1:
Fax 2:
Customer Service:
N.?J1hCarolina
/VIlflltal/!f
[phone]
[phone]
[phone]
[phone]
July II, 2007
Page 2
Murphy-Brown
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
. ~ ..
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. Please be advised that nothing in this letter should be taken as removing
from you the responsibility or liability for failure to comply with any State Rule, State Statue or
permitting requirement.
If you have any questions regarding this letter, please do not hesitate to call Joan Schneier
at the Fayetteville Regional Office at {91 0) 433-3333. State email addresses typically are in the
format [e-mail]. POAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.nc.us/aps/afou/afou_home.htm ·
cc: Facility File-82-642
APS Central Files
Murphy-Brown, LLC
Sincerely,
h-v Art Barnhardt
Regional Supervisor
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYElTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 9, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dr. Garth Boyd
Murphy Family Fanns
P. 0. Box 759
Rose Hill, NC 28458
Subject: Notice of Deficiency
Administrative Code 15A NCAC 2H .0217
Waycross Farm
Facility No. 82-642
Sampson County
Dear Dr. Boyd:
On September 4, 1998, staff from the Fayetteville Regional Office of
the Division ofWater Quality performed an inspection of the Waycross Farm
in Sampson County. The inspection revealed that application field number
seven, noted in theCA WMP, did not have a suitable stand ofbermuda for
irrigation purposes. Land management staff for the farm advised that the field
had been sprigged twice with poor results .
The Division of Water Quality requests that the following item be
addressed:
1. Establish a suitable cover crop on field nwnber seven for the irrigation
ofwaste generated on the farm and amend the plan ifthe crop is
different than bermuda.
Please provide a written response to this office on or before
September 2!h 1998 as to the actions taken or proposed to be taken to
-resolve this deficiency. Nothing in this letter should be taken as absolving this
facility of the responsibility and liability of any violations that have resuhed or
may result from this deficiency.
Z25 GIU:t:N STI'tiEET, SUITE 714, FAYETTt:VILLt:, NORTH CAROLINA 28301-5043
PHON IE V 1 0 -48S·I 541 FAX V 1 0·486-0707
AN EQUAL OP'f'ORTUNITY I AP"P"IRMATIVI: ACTION EMP'LOYIER-50% lltt:CYCLt:D/1 0% f'OST•CONSUMitR P'AP't:llt
' il ,,
"
Dr. Boyd
9-9-98
Page2
If you have any questions regarding this matter~ p]ease do not hesitate to contact Mr. John
Hasty, Environmental Specialist, at [phone].
cc: Sue Homewood -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine -DSWC Fayetteville Office
Central Files -Raleigh
ohn C. Hasty, Jr.
Environmental Specialist
...