780030_ENFORCEMENT_20171231

North Carolina
Department of Environment and Natural Resources F15WA
Division of Water Quality
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
January 31, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Leslie Stutts
Carroll's Foods, Inc.
P. O. Drawer 856
Warsaw, NC 28398
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Carroll's Farms 97703, #7704, and #7711
Facility Nos. 18-30,78-28, and 78400
Robeson County
Dear Mr. Stuffs:
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 October 26, 2000, staff from the Fayetteville Regional Office of the Division of Soil and
Water performed an annual review of the Carroll's Farms in Robeson County. The review
revealed that there was over application of nitrogen to the cotton crop at these farms as listed:
Field #3 (46% over), field #4 (20% over), field 95 (33% over), field #7 (21% over) and field #8
(42% over). This is a violation of your CAWMP and the General Permit Condition I1I.6T, which
requires Regional notification of over application. This violation was referred to the Division of
Water Quality, as required, by the Division of Sol] and Water.
The Division of Water Quality requests that the following item(s) be addressed:
1. Avoid over application of nitrogen to any crop in your CAWMP.
225 GREEN STREET- SUITE 714 / SYSTEL BUILDING/ FAYETTEVILLE. NC 28301-5043
PHONE [phone] FAX [phone] WWW. _ T
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Mr. Stutts
January 31. 2001
Page 2
2. Over application shall be reported per the General Permit.
Failure to comply with the above conditions may result in the facility losing it's 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.
Please provide a written response to this office on or before February 16, 2001 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-
1541.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
/j h
cc: Sonya Avant - Compliance Group
Ed Holland - Robeson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Dennis Ramsey-�ompiiance Group
Central Files - Raleigh

February 14, 2001
Mr. Paul Rawls
1 Ith District Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
CARROLL'S FOODS, INC.
Box 1767 • 325 McKay Street
Laurinburg, North Carolina 28353
PH: 9101276-0648 FX: 9101276-2950
Ab l 6 201M
Subject: Response to Notice of Violation
Farms 7703, 7704, and 7711 Carroll's Foods
Facility No's 78-30, 78-28, and 78-100, Robeson County
Dear Mr. Rawls,
After the Soil and Water inspection October 26, 2001, we looked at how the
pumping information was entered and I had made an error in allowing the three farms to
pump on the same fields without taking a subtraction from the field no matter what fauns
waste was applied. There is more than enough land to apply and more than enough
deficit to carry all three farms per the plans.
We will change our heading on our spray records to include the three farms, but
only allow one set of fields which will eliminate the above mentioned problems.
We are also reviewing and rewriting the waste plans to include changes in our
application process, i.e. center pivot irrigation.
If you have any further questions, please contact me at my office in Laurinburg
910-276-5637.
Sincerely,
V'01-`
ray
Leslie Stutts
Farming and Environmental Manager
Laurinburg Division

February 23, 2001
Mr. Paul Rawls
District Supervisor
N. C. D. E_ N. R_, Division of Water Quality
225 Green Street, Suite 714
Fayetteville, N. C. 28301-5043
CARROLL'S FOODS, INC.
P. O. Drawer 856
'WARSAW, NORTH CAROLINA 28398
Re: NOV issued to Carroll's Farm 7703,7704,7711
Facility No's 78-30, 78-28, 78-100, Robeson County
Dear Mr Rawls,
'326201
As a follow-up to earlier correspondence from Mr. Leslie Stuffs to you on 2-14-01 I asked Ms.Dawn
Williamson, Technical Specialist with Carroll's to investigate further and report back to me. She has
conducted a thorough analysis of the nutrient management plan, the record keeping system, the
irrigation plan, and related issues so that we could better understand why questions about over-
application would arise on this farm. She found that there was confusion on the part of our crew
relative to the nutrient management plan and that errors had been made in the pumping record
keeping procedures.
As a result of these findings we are in the process of revising the nutrient management plan, correction
any misunderstanding about the proper use of the plan, and the record keeping requirements. While
we are concerned about any deficiencies that your inspectors or our investigation may have discovered
I am confident that they are currently being addressed and should not re -occur. I will be glad to
answer any questions you may have about this matter.
incerely,
Don Butler
Environmental Compliance Manager
Cc: Gregg Schmidt
Bill Gill
Mark Pahl
Leslie Stutts
Howard Hobson
Dawn Williamson
Carolyn Strickland

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February 14, 2001
Mr. Paul Rawls
11 "' District Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street. Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Rawls,
CARROLLS FOOD S, INC.
Bmc 1767 - 325 McKay sbeet
Laurinburg, Nmrh Catalina 28353
Ph, slordle-ow FC 9701276-2990
Subject: Response to Notice of Violation
Farms 7703, 7704, and 7711 Carroll's Foods
Facility No's 78-30, 78-28, and 78-100, Robeson County
After the Soil and Water inspection October 26, 2001, we looked at how the
pumping information was entered and I had made an error in allowing the three farms to
pump on the samc fields without taking a subtraction from the field no rri�atter what farms
waste was applied. Tbere is more than enough land to apply and more than enough
deficit to carry all three farms per the plans.
We will change our heading on our spray records to include the three farms, but
only allow one set of fields which will eliminate the above mentioned problems.
We are also reviewing and rewriting the waste plans to include changes in our
application process, i.e. center pivot irrigation.
If you have any further questions, please contact me at any office in Laurinburg
910-276-5637.
Sincerely,
Leslie Stutts
Farming and Environmental Manager
Laurinburg Division

February 14, 2001
Mr. Paul Rawls
11 'h District Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
CARROLUS FOODS, INC.
Eos 1767 • 325 McKay Street
LaurinbUrg, North CamUrm 28353
PH; 910270.0648 FX 9101278-2950
Subject: Response to Notice of Violation
Farm 7574 Carroll's Foods
Facility No. 83-07, Scotland County IN "
Dear Mr. Rawls,
After the review of Soil and Water and investigating the measurements of theF
pulls or fields, we have had a technical specialist rewrite the waste plan for this farm.
The fields in question, 14, 15, and 1.6, were not included and we do maintain a deficit_
The new plan is in the Laurinburg office as well as in Warsaw.
Waste samples are now being taken at 60 -day intervals. OIC designates have
been changed and those changes have been sent to D WQ.
If there are any qucstions, please contact me at 910-276-5637 or Dawn
Williamson, Technical Specialist in Warsaw, at 910-293-3434.
a "-7
Sincerely, >£ .
Leslie Stutts
Farming and Environmental Specialist
Laurinburg Division
4003 r

Murphy -Brown LLC
To: Stephen A Barnhardt
NCDENR-Division of Water Quality
225 Green St. -Suite 714
Fayetteville, NC 28301
From Jerry Trier
CC: David Nordin, Kraig Westerbeek, Mark Pahl
RECEIVED
JUL 18 2005
WM -FAW LURMONu.ofcE
1779A South Main Street
Laurinburg, North Carolina 28353
Phone: [phone]
Fax: [phone]
Subject: Waste water runoff incident Farm 5703/570415711
Robeson County, N.C.
Facility No. 78-30
Dear Mr. Barnhardt,
On July 2 we were transferring water from the lagoon at 5703 to 5704 when a 2 -inch air
vent pipe burst. This pipe had been weakened by a combine that struck it while
Harvesting the wheat. We had calibrated the flow using a magnetic flow meter and
determined a 673 gal per minute flow rate. The pump had operated that for 2.5 hours that
day giving a transferred out of 5703 of 100,950 gallons. The day before each lagoon was
read.
5703
5704
TOD width
570'
TOD width
577.5'
TOD length
500'
TOD length
460'
Freeboard(feet)
3.08 @ 37"
Freeboard(feet)
2.83 @ 34"
-3:1 sideslopes
551.5'
-3:1 sideslopes
560.5'
-3:1 sideslopes
481.5
-3:1 sidestopes
443
1" water =
165524
1" water =
154775
After the spill was discovered and the pump turned off it was discovered the 5703 had
dropped an inch and 5704 had raised an inch This would leave a difference in gallons
transferred at 10,750 gallons (165,524 —154,775).
We believe that the pipe did indeed rupture on 7-2-05 and this represents the total
spillage. lt,becomes difficult to state on how much lagoon water actually entered the
canal. Problems of how much the soil absorbed, how big an area the tile actually drains,
and the water was flowing away from the contaminated tile covering a large area.
`Therefore we estimate that less than 5% entered the canal. This would be 537.5 gallons.
The spill was quickly isolated.

The cleanup effort consisted of several dams to contain the water and to clean up areas of
the ditch. Irrigation reels and pumps were used to pump the water onto the farm regular
irrigation fields. We pumped a total of 1,383,885 gallons of water.
To insure that all waste was recovered we flushed the ditch with water damned above the
spill and pumped that onto the land as well. We finished this process on Thursday at
noon July 76. All wastewater was recovered.
To insure this does not happen again the following things will occur:
1. Retraining of OIC's on regularly checking hydrant lines when pumping.
2. After harvesting of grain closely checking hydrants for damage.
3. Communicate to our farmers the need for communication of where hydrants are
and the need for communication when any suspected damage occurred.
Sincerely,
Trier

Murphy -Brown LLC
To: Stephen A. Barnhardt
NCDENR-Division of Water Quality
225 Green St. -Suite 714
Fayetteville, NC 28301
From: Jerry Trier
CC: David Nordin, Craig Westerbeek
Subject: Waste water runoff incident
Robeson County, N.C.
Facility No. 78-30
Dear Mr. Barnhardt
1779A South Main Street
Laurinburg, North Carolina 28352
Phone: [phone]
Fax: [phone]
wm1 (; GV0 S IN'-.
Farm 5703/5704/5711
4 PODS
N Cid 7_00000
RECEIVED
JUL 0 8 2045
00-FAYI:1 MMURBONRLOF M
i� o _ ' OK 7 Srj
Ras( u-11 !N (. qq
On 7-2-05, at approximately 10:30 am, one of our employees, Harold Whittaker, while
transferring lagoon water from the lagoon at faun # 7703 to the lagoon at farm #7704,
noticed some ponded wastewater moving from field # b to field # 7. When he noticed the
ponded water he immediately shut down the pump and searched for the source of the
escaping wastewater. It was determined that the source of the escaped water was a
damaged irrigation hydrant and that some of the water from the damaged hydrant had
traveled from the irrigation field and reached a ditch at the edge of the field_
As soon as it was discovered that water had reached the ditch, he immediately started
implementation of our emergency response plan. A local contractor was summoned
quickly to the site and within an hour temporary earthen dams were constructed inside the
ditch to stop the flow of water. In the mean time, additional company personnel, with
emergency equipment were summoned to the site. As soon as the spill had been
contained, our personnel called the DWQ 1-800 number to report the incident (approx. 3-
4 PM).
Upon further examination, we found that an irrigation hydrant had apparently been struck
by a combine working in the field, thus weakening the pipe, causing damage to the
hydrant and ultimately resulting in this spill incident. We also believe at this time that a
minimal amount of wastewater entered the ditch. Our best estimate of wastewater
volume reaching the ditch was less than 500 gallons.
It is our intent to give DWQ a more detailed report of this event within 7 days. As you
observed, efforts to recover all of the escaped wastewater are nearly complete.
Sincere
��
C
/Jerrytrier

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
� 2z -!
July 11, 2005
CERTIFIED MAIL
RETURN RECEIPT RESTED
Mr. F.J. Faison
Carroll's Food Inc.
P.O. Box 759
Rose Hill, North Carolina 28458
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Carroll's Foods Inc.
Facility No. 78-30
Robeson County
Permit No. NCA200000
Dear Mr. F.J. Faison:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Discharge of animal waste to the farm's drainage canal system as prohibited by your
facility's permit. (Permit No. NCA200000 Section 11.)
On July 2, 2005 wastewater being transferred from Carroll's Farm #7703 lagoon to Carroll's Farm #7704 lagoon
leaked into spray fields No. 6 & 7, originating from a damaged irrigation hydrant. The wastewater migrated from the
spill location into the farm's drainage canal system along the main access road.
Required Corrective action for Violation 1:
Continue efforts to recover the discharged animal waste until completed and provide the detailed report summary
as indicated ("within 7 days") in the written notification of the spill from Mr. Jerry Trier received in the Fayetteville
Regional Office on July 8, 2005. This waste must be handled as prescribed by your CAWMP and applicable state
law. Additionally, take all necessary steps to ensure this violation does not reoccur.
hlor Carolina
Xhirally
North Carolina Division of Water Quality/Aquifer Protection Section 725 Grcen StJ Suite 7l4 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet h2o.enr.state.mus Customer Service 1-877-623-6748
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Mr. F.J. Faison
July 11, 2005
Page 2
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.
If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Stephen . Barnhardt, L.G.
Regional Aquifer Protection Supervisor
cc: Keith Larick - Compliance Group
Trent Allen — SWC, FRO
Central Files - Raleigh