090129_ENFORCEMENT_20171231

i
AGoa
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
April 16, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Brown's of Carolina, LLC
Attn: Mr. David Nordin
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
BOC Farm #27
Facility No. 09-129
Bladen County
Dear Mr. Nordin:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D,
Acting Director
Division of Water Quality
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 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On April 11, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a
routine compliance inspection of the above referenced farm in Bladen County. The inspection revealed an
overapplication of nitrogen on pull #5 by 9.18 pounds per acre for the 2001-2002 small grain overseed. This is a
violation of the General Permit issued to this facility under Section IL, Operation and Maintenance Requirements,
Number 4,, which states: "Land application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any
given application."
The Division of Water Quality requests that the following item(s) be addressed:
1. Avoid overapplication of nitrogen either agronomically or hydraulically.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
Please be advised -that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $25,000.00 per day per violation.
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WW W.FN R.STATF..NC.US/ENR1
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/100/6 POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Nordin
4-16-02
Page 2
If you have an explanation for this violation that you wish to present, please respond to this office by
April 30, 2002. If you have any questions concerning this matter, please do not hesitate to contact me at (910)
486-1541.
Sincerely,
v
M. Paul Sherman
Environmental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Christopher Bordeaux -Bladen Co. NRCS
Central Files -Raleigh

I
M116 2002
�� E
May 1, 2002
Mr. Paul Sherman
Environmental Engineer
Division of Water Quality
225 Green St., Suite 714
Systel Building
Fayetteville, NC 28301-5043
Re: Notice of Deficiency
BOC Farm 3727
Facility # 09-129
Bladen County
Dear Mr. Sherman,
Your inspection on April 11, 2002 showed an over application of 9.18 lbs. N
per acre (8.7%) on hydrant 5A. Brown's of Carolina is intent on meeting the
conditions of our General Permit. The EMS program that Brown's of Carolina has is
based on both internal and external audits with a commitment to continual
improvement. Three areas noted for improvement were:
1. Ensuring that we know which farms are being applied on each
week. — Corrective action: added a column to the weekly checklist
that indicates whether or not there was any pumping activity on
each farm site.
2. Day-to-day knowledge of PAN balances for each hydrant with
less emphasis on the weekly nitrogen balance sheet —
Corrective action: revised the Waste Application Event Record
Sheet on 3-1-02. The land technicians are now calculating
PAN daily (starting with the 2002 Summer crop) and the weekly
nitrogen balance sheet is now a second check of the hand-
written records. New record sheet is attached.
3. Ensuring the irrigation equipment is applying what the
manufacturers chart says — Corrective action: calibrate all the
machines and solid set systems. Calibration was done during
the winter.
Two machines were responsible for the events on hydrant 5A:
Machine # Manufacturer # Calibrated #
3839 295 gal/min 266 gal/min
3834 275 gal/min 275 gal/min
BROWN'S OF CAROLINA, INC.
785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE [phone]

BRLCAW m,S
OFOLINA
With the new flow rate entered in the IRR -2 record, there was an over
application of 3.12 lbs. (3%). The previous IRR -2 and the corrected IRR -2 are
attached.
A new lagoon analysis could have an impact on the application events that
caused an over application.
If you have any questions concerning this matter, please do not hestitate
to contact me at [phone] ext. 238.
Sincerely,
,�a'd At,&- j
David Nordin
Director of Land & Nutrient Management
Brown's of Carolina
AMC
Attachments
BROWN'S OF CAROLINA, INC.
785 FNW 24 EAST - P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE (910)29&1800

'BROWN'S, Hydrant: 05A Crop Type: WHEAT Operator: SA FORM IRR -2
OF CAROLINA Field No. 1 Field Size(Ac.): 4.48 Certification # ,
Remit To: Brown's of Carolina, Inc.
Tract No. 9885 785 Hwy 24 East
Recommended PAN (lbs./Acre): 105 Warsaw, NC 28398-0487
Farm Name: 3727 Facility #: [phone]
Date Start Tlme End Time Total Minutes Sprinklers Flow Rate Total Volume Volume per Acre Analysis PAN PAN Applied PAN Applied/Acro
Hydrant Total Volume: 302735 Total PAN Applied/Acre: 108.12
Tuesday, April 30, 2002 Pagel
1/31/2002
9:30 AM
11:30 AM
120
1
275
33000
7,366
1.6
52.80
11.79
2/28/2002
10:40 AM
2:20 PM
220
1
275
60500
13,504
1.6
96.80
21.61
3/6/2002
12:45 PM
4:00 PM
195
1
275
53625
11,970
1.6
85.80
19.15
3/8/2002
4:30 PM
7:45 PM
195
1 1
1 266
51870
11,578
1.6
82.99
18.52
319!2002
4:15 PM
7:30 PM
195
1
266
51870
1 11,578
1.6
82.99
18.52
3/11/2002
6:15 PM
9:30 PM
195
1
266
51870
11,578
1.6
82.99
18.52
Hydrant Total Volume: 302735 Total PAN Applied/Acre: 108.12
Tuesday, April 30, 2002 Pagel

�gFWVVN�8�
Hydrant: 05A
Crop Type: WHEAT 40 Operator: SA
FORM IRR 20
OF CAROLINA
Field No. 1
Field Size(Ac.): 4.48 Certification #
33000
7,366
1.6
52.80
Remit To: Brown's of Carolina, Inc.
Tract No. 8885
2128/2002
785 Hwy 24 East
Warsaw, NC 28398-0487
Farm Name: 3727
Facility #:
.
Recommended PAN (lbs./Acre): 105
[phone]
Date Start Time
End Time Total Minutes
Sprinklers Flow Rate Total Volume Volume per Acre
Analysis PAN PAN Applied PAN AppliedlAcre
Hydrant Total Volume: 319700 Total PAN Applied/Acre: 114.18
Tuesday, April 09, 2002 Page4
1/3112002
9:30 AM
11:30 AM
120
1
275
33000
7,366
1.6
52.80
11.79
2128/2002
10:40 AM
2:20 PM
220
1
275
60500
13,504
1.6
96.80
21.61
3/6/2002
12:45 PM
4:00 PM
195
1
275
53625
11,970
1.6
85.80
19.15
3/8/2002
4:30 PM
7:45 PM
195
1
295
57525
12,840
1.6
92.04
20.54
3/9/2002
4:15 PM
7:30 PM
195
1
295
57525
12,840
1.6
92.04
20.54
311112002
6:15 PM
9:30 PM
195
1
295
57525
12,840
1.6
92.04
20.54
Hydrant Total Volume: 319700 Total PAN Applied/Acre: 114.18
Tuesday, April 09, 2002 Page4

nT
ROW N'S
F CAROLINA
Farm:
Waste Application Event Record Sheet
Complex Manager:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15'
16
17
Date
Lagoon
Hydrant
or
Zone
Crop
Starting
PAN to.
apply per A
Acres
Machine
No.
Start
Time
End
Time
Minutes
per
Event
GPM
Gun
PS!
Nozzle
Si
Size
Lagoon
Analysis
PAN
applied
per acre
PAN left
to apply
per acre
Operator
* (Calculation for No. 15) #10 X #11 X #14 / 1000 / #6 = PAN applied per acre.
Comments:
Revised: 3/1/02

Robert F. Heath
Environmental Specialist
NCDENR
225 Green Street Suite 714
Fayetteville NC 28301
Subject: Notice of Deficiency
Farm 27 - Swine Facility
Registration No. 09-129
Bladen County
Dear Mr. Heath,
;..,3 17 1998
FAYETTEVILLE
REG. OFFICE
In regards to your letter of July 15, 1998 please be
advised as to the following:
The current CAWMP reflects a negative balance of 878
lbs. Of nitrogen. If we remove 2 acres of land for mobile home
lot and well currently in a wheat and soybean rotation, the
negative balance would become 398 lbs. of nitrogen thus
maintaining a working plan. However, with change in operator
we will further evaluate the plan and may make changes by
adding more bermuda to the plan.
I have visited with the sprigging company, and we will
evaluate and react to the stand of bermuda that exists.
Currently existing grass has been mowed and we are waiting
for some re -growth so that we can determine viability of the
stand, spray to eliminate competition or prepare to replant.
If you have any questions, please call me at (910) 296-
1800.
Sincerely,
Glenn Davis

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
July 21, 1997
I wgoowml1r&MIT'lics 1W,
-
Mr. Greg Brown
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Brown's of Carolina Swine Farm # 27
Registration No. 09-129
Bladen County .
Dear Mr. Brown:
On July 10, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection of the Brown's of Carolina #i 28 swine facility. It was observed that the
facility had not planted the required crops as identified in the certified animal waste management
plan (CAWMP). All of the fields had a wheat crop and were in the process of being harvested at
the time of the inspection. The CAWMP was written with a coastal bermuda crop and a small
grain overseed. At the time of the inspection the coastal bermuda grass had not been sprigged.
According to our conversation with Ms. Sonya Johnson on July 10, 1997,she stated that the
bermuda grass was to be sprigged immediately. In addition, you are requested to address the
following:
1. An area of erosion (ditch) at the base of the lagoon dike on the southeast end of the lagoon
is in need of repair.
2. The toe of the lagoon dike on the east side of the lagoon requires maintenance (mowing) to
allow for inspection.
Please notify this office in writing within 30 days at the address below as to the actions taken
or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
Wachovia Building, Suite 714, Fayetteville Nit`� An EqFAX 910-486-0707
North Carolina 28301-5043 Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Mr. Brown
7121197
absolving this facility of the responsibility and liability of any violations that have or may result
from these deficiencies.
If You have any questions concerning this matter, please call Ed Buchan, Environmental
Engineer or Robert Heath, Environmental Specialist at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS

1
ZZ C = =- is.:ihY^ea
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 15, 1998
� •1:� :9.11' ,�1 � Y I
att: Mr. Jimmy Vinson
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Farm # 27 Swine Facility
Registration No. 09-129
Bladen County
Dear Mr. Vinson:
On July 14, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Brown's of Carolina # 27 Company
swine facility. It was observed that the Iagoon freeboard was less than the
required minimum according to the lagoon level indicator and that the
Bermuda grass waste application field was overgrown with competitive
grasses and the bermuda stand was poor to non-existent. It was also
observed that a residence (mobile home) has been located in one of the
waste application fields. In regard to the deficiencies noted during the
inspection, the following actions are requested:
1. Consult with a agriculture or crop specialist for assistance in regard to
removal of the grass competition and the evaluation of the bermuda
sprigs.
2. Evaluate the CAWMP to determine if after the loss of approximately 2
acres of waste application area, (spray field) due to the siting of a water
supply well, the plan has adequate waste application area for the facility.
Please notify this office on or before August 15, 1998 at the address
below 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 or may result from
these deficiencies.
228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 20301-5043
PHONE [phone] FA% 810-488-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Jimmy Vinson
Page 2
July 15, 1998
If you have any questions concerning this matter, please call Bob Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. MRCS

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
:t -
DIVISION OF WATER QUALITY
July 21, 1997
11.1 o V411 l
1. :f -31 t U4131:111 It 4A ' - i 1
Mr. Greg Brown
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Brown's of Carolina Swine Farm 4 27
Registration No. 09-129
Bladen County
Dear Mr. Broom:
On July 10, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection of the Brown's of Carolina # 28 swine facility. It was observed that the
facility had not planted the required crops as identified in the certified animal waste management
Plan (CAWMP). All of the fields had a wheat crop and were in the process of being harvested at
the time of the inspection. The CAWMP was written with a coastal bermuda crop and a small
grain overseed. At the time of the inspection the coastal bermuda grass had not been sprigged.
According to our conversation with Ms. Sonya Johnson on July 10, 1997,she stated that the
bermuda grass was to be sprigged immediately. In addition, you are requested to address the
following:
1. An area of erosion (ditch) at the base of the lagoon dike on the southeast end of the lagoon
is in need of repair.
2. The toe of the lagoon dike on the east side of the lagoon requires maintenance (mowing) to
allow for inspection.
Please notify this office in writing within 30 days at the address below as to the actions taken
or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
Wachovia Building, Suite 714, Fayetteville �� 0 FAX [phone]
North Carolina 28301-5043 Il� C An Equal Opportunity Af�irmafiive Action Employer
Voice 910486 1541 50% recycled/ 10% post -consumer paper

Page 2
Mr. Brown
7/21/97
absolving this facility of the responsibility and liability of any violations that have or may result
from these deficiencies.
If You have any questions concerning this matter, please call Ed Buchan, Environmental
Engineer or Robert Heath, Environmental Specialist at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS

State of North Carolina LT WA
Department of Environment, 'T
Health and Natural Resources 4 •
Fayetteville Regional Office
ML
James B. Hunt, Jr., Governor MOM 1111111111111ift
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
July 21, 1997
1. t u.:. .
Mr. Greg Brown
Brown's of Carolina
P.O. Box 487
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Brown's of Carolina Swine Farm 9 27
Registration No. 09-129
Bladen County
Dear Mr. Brown:
On July 10, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection of the Brown's of Carolina # 28 swine facility. It was observed that the
facility had not planted the required crops as identified in the certified animal waste management
plan (CAWMP). All of the fields had a wheat crop and were in the process of being harvested at
the time of the inspection. The CAWMP was written with a coastal bermuda crop and a small
grain overseed. At the time of the inspection the coastal bermuda grass had not been sprigged.
According to our conversation with Ms. Sonya Johnson on July 10, 1997,she stated that the
Bermuda grass was to be sprigged immediately. In addition, you are requested to address the
following:
1. An area of erosion (ditch) at the base of the lagoon dike on the southeast end of the lagoon
is in need of repair.
2. The toe of the lagoon dike on the east side of the lagoon requires maintenance (mowing) to
allow for inspection_
Please notify this office in writing within 30 days at the address below as to the actions taken
or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
Wachovia Building, Suite 714, Fayetteville NIaV FAX [phone]
North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Page 2
Mr. Brown
7/21/97.
absolving this facility of the responsibility and liability of any violations that have or may result
from these deficiencies.
If You have any questions concerning this matter, please ca Ed Buchan, Environmental
Engineer or Robert Heath, Environmental Specialist at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS

• -State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June -::17, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ATTN: GREG BROWN
BROWN'S OF CAROLINA # 27
P.O. BOX 487
WARSAW, NC 28398
�EHN1=?k
RECENED
JUN 1 b 1991
FAYETTEVILLE
REG. OFFi J`E
Subject: Notice of Violation and
Assessment of Civil Penalty for
Violation of G.S. 143-215.l(a)(2)-
Brown's of Carolina # 27
Facility #: 09-129
Bladen County
Case #: AL 97-003
Dear Mr. Brown:
This letter transmits. notice of a civil penalty assessed against Brown's Of Carolina, Inc. in
the amount of $500-00 and a Notice of Violation. This assessment is based upon the following
facts:
A permit for this animal waste management system is required in accordance with NCAC
2H .0217 and G.S. 143-215.1.
In accordance with G.S. 143-215.1OC, Brown's Of Carolina, Inc. was notified by
certified mail, which was received on April 10, 1997, of the requirement to apply for
coverage under an Animal Waste General Permit within thirty (30) days of receipt of the
notification (May 10, 1997).
No application from Brown's Of Carolina, Inc. has been received as of May 30, 1997.
In accordance with Chapter 626 of the 1995 Session Laws (Regular Session 1996),
Section 19(c)(2), any owner or operator who fails to submit an application by the date
specified by the Department SHALL NOT OPERATE the animal waste system after the
specified date. Therefore, the existing animal waste management system is being operated
in violation of G.S.I43-215.I(a)(2).
Based upon the above facts, I conclude as a matter of law that Brown's Of Carolina, Inc.
violated or failed to act in accordance with the requirements of G.S. 143-215.1(a)(2). A civil
penalty of not more than $10,000 per day may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1.
Based upon the above facts and conclusions of law, I hereby assess Brown's Of Carolina,
Inc. a $500.00 civil penalty for this violation of G.S. 143-215.1(a)(2) pursuant to the authority
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

authority delegated to me by North Carolina Environmental Management Commission Regulation
15 NCAC 2J .0003 and G.S. 143-215.6A(h).
If the aforementioned application is not received by the Division of Water Quality
Compliance Group office at the letterhead address within 10 days of your receipt of this notice,
you will be subject to further civil penalties of up to $10,000 for each day that the application is
late.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment, Health, and
Natural Resources (do not include tivaiverform). Payment of the penalty will not
foreclose enforcement action for any continuing or new violation(s). Please submit
payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
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 that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535

OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR-
Post Office Box 27687
Raleigh, NC 27611
Failure to exercise one of the options above within thim days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581 or Katharine Keaton at [phone], extension 532.
Sincerely,
A_ Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Fayetteville_Regional_Supervisor.w/ attachments�__-�J
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public'Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMNIISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative nearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document _
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
19—..

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form / Survey
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
The following questions have been completed utilizing information on file with the
Division. Please review the information for completeness and make any corrections
which are appropriate. If a question has not been completed by the Division, please
complete as best as possible. Do not leave any question unanswered.
Application Date:
I. REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
Applicants Initials
1. One completed and signed original and one copy of the application for General Permit - Animal
. Waste Operations;
2. Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is disposed;
3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does
not have a CAWMP, one must be completed prior to submittal of a general permit application
for animal waste operations.
II. GENERAL INFORMATION:
1. Farm's name: Farm #27
2. Print Land Owners name: BrownCs_afCarolina
3. 'Land Owners Mailing address: PO BQ2487
City, Warsaw NC Zip: 283
Telephone Number: 9293-3600 • _
4. County where farm is located: Bladen
5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy
of a county road map with the location of the farm identifgd):
6. Print Farm Managers name (if different from Land Owner): Glenn Davis
7. Lessee's / Integrator's name (if applicable; please circle which type is listed): Brown's of Carolina
09- 129
FORM: AWO-G-E 2126197 Page 1 of 3

III. OPERATION INFORMATION:
1. Farm No.: M -W
2. Operation Description: Swine operation
Farrow to Wean
4000 - Certified Design Capacity
Is the above information correct? E:I yes; 0 no. If no, correct below using the design capacity of the facility
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. oLAnimals
Wean to Feeder Layer Dairy
Feeder to Finish Non -Layer Beef
Farrow to Wean (# sow) Turkey
Farrow to Feeder (# sow)
Farrow to Finish (# sow)
Other Type of Livestock on the farm: No. of Animals_
3. Acreage cleared and available for application: _; Required Acreage (as listed in the CAWMP): 93
4. Number of Lagoons: ; Total Capacity: Cubic Feet (ft3)
Number of Storage Ponds: ; Total Capacity: Cubic Feet (ft3)
5. Is animal waste being applied on any field which has subsurface drains? YES or NO (please circle one)
6. Are subsurface drains present in the vicinity of or under the lagoon? YES or NO (please circle one)
IV. APPLICANT'S CERTIFICATION:
I, (Land Owner's name listed in question I12), attest that
this application for (Farm name listed in question 11.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to me as incomplete.
Signature
Date
V. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
I, (Manager's name listed in question 11.6), attest that this
application for (Farm name listed in question II.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FORM: AWO-G-E 2/26/97 Page 2 of 3

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form / Survey
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
DIVISION OF WATER QUALITY REGIONAL OFFICES (2197)
Asheville Regional WQ Supervisor
59 Woodfm Place
Asheville, NC 28801
[phone]
Fax [phone]
Avery
Macon
Buncombe
Madison
Burke
McDowell
Caldwell
Mitchell
Cherokee
Polk
Clay
Rutherford
Graham
Swain
Haywood
Transylvania
Henderson
Yancey
Jackson
Fayetteville.Regioual WQ Supervisor
Wachovia Building, Suite 714
Fayetteville, NC 28301
[phone]
Fax [phone]
Washington Regional WQ Supervisor
943 Washington Square Mall
Washington, NC 27889
[phone]
Fax [phone]
Beaufort Jones
Bertie
Lenoir
Camden
Martin
Chowan
Pamlico
Craven
Pasquotank
Currituck
Pertluimans
Dare
Pitt
Gates
Tyrell
Greene
Washington
Hertford
Wayne
Hyde
Mooresville Regional WQ Supervisor
919 North Main Street
Mooresville, NC 28I15
[phone]
Fax [phone]
Raleigh Regional WQ Supervisor
38M Barrett Dr.
Raleigh, NC 27609
[phone]
Fax[phone]
Chatham Nash
Durham
Northampton
Edgecombe
Orange
Franklin
Person
Granville
Vance T
Halifax
Wake
Johnston
Warren
Lee
Wilson
Wilmington Regional WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
[phone]
Fax [phone]
Anson
Moore I
Alexander Lincoln Bnmswick New Hanover
Bladen
Richmond
Cabarrus Mecklenburg Carteret Onslow
Cumberland
Robeson
Catawba Rowan Columbus Pender
Harnett
Sampson
Cleveland ' Stanly Duplin
Hoke
Scotland
Gaston Union
Montgomery
iredell
Winston-Salem Regional WQ Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
[phone]
Fax [phone]
Alamance
Rockingham
Alleghany
Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
FORM: AWO-G-E 2197 Page 3 of 3

Michael F. Easley, Governor
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 11. 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown, LLC
PO Box856
Warsaw, NC 28398
Re: Notice of Deficiency
High Freeboard
Farm 27
NCA209129
Bladen County
To Whom It May Concern:
On 21312007, 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 Ill 11(e), that the freeboard level of the lagoon was 19.5 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 CAWMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25 -year, 24-hour storm event plus 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 freeboards 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 1636 Mail Service Center
Internet: www.ncwateMuality.org Location: 2728 Capital Boulevard
An Equal OpporlunitylAf6rmaiive Action Employer— 50% Recyded110% Post Consumer Paper
NM Carolina
Naturally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

July 11, 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.
r
If you have any questions regarding this letter, please do not hesitate to call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. PDAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.nc.uslaps/afou/afou_home.htm
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File — 09-129
APS Central Files
Murphy -Brown, LLC