830017_ENFORCEMENT_20171231

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MR LESLIE STUTTS
CARROLL' S FOODS, INC.
PO DRAWER 856
WARSAW NC 28398
Dear Mr. Stutts:
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August 28, 2001
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SUBJECT: Acknowledgment Receipt Letter
Case # PC 00-057
Farm # 83-17
Scotland County
This letter is to acknowledge receipt of your check # 219437 in the amount of
$1,135.36, received from
This payment satisfies in full the civil assessment in the amount of $1,135.36
levied against CarrolI's Foods, Inc. and this enforcement case has been closed. Payment
of these penalties in no way precludes further action by this Division for future violations.
cc:
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge Compliance & Enforcement
Fayetteville Regional Office
Enforcement/Compliance Files # PC00-057
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. LESLIE STUTTS
CARROLL' S FOODS, INC.
P. O. DRAWER 856
WARSAW, NC 28398
Dear Mr. Stutts:
OCT 16 2000
FAYE7 TEVIl 1 •
RcG. oFl` �►
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 11, 2000
SUBJECT: Assessment of Civil Penalties
for Violation of Conditions of
the General Permit
Farm #83-17
Scotland County
File No. PC 00-057
This letter transmits notice of a civil penalty assessed against Carroll's Foods, Inc. #7768
in the amount of $1135.36 including $135.36 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleish, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunily /Affirmnrive Action Employer
50% recycled/ 10% post -consumer paper
http: //h2o. enr.state. nc. us

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty 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. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE NO:
Having been assessed civil penalties totaling 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 hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20
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STATE OF NORTH CAROLINA
Cli]f �1l11i��►Y�Ti7Ir �/_�a i�
IN THE MATTER OF
CARROLL'S FOODS, INC.
FOR NON -DISCHARGE GENERAL
PERMIT VIOLATIONS
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 00-057
} FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carroll's Foods, Inc. is a corporation organized and existing under the laws of the
State of North. Carolina.
B. Carroll's Foods, Inc. owns and operates the Carroll's Farm 7768, a swine
operation in Scotland County.
C. Carroll's Foods, Inc. was issued Certificate of Coverage AWS830017 under
General Permit AWG100000 for Carroll's Farm 7768 on October 26, 1998,
effective October 26, 1998, with an expiration date of April 30, 2003.
D. Condition No. V. 3. of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (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."
E. The CAWMP for Carroll's Farm 7768 requires that the waste Ievel in the lagoon
does not exceed eighteen (18) inches.
F. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the
General Permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.

G. Division of Soil and Water Conservation staff from the Fayetteville Regional
Office inspected Carroll's Farr.: 7768 on March 16, 2000 and observed that the
storage capacity of the lagoon was sixteen (16) inches less than adequate.
H. DWQ staff inspected Carroll's Farm 7768 on March 22 and observed that the
storage capacity of the lagoon was seventeen (17) inches which exceeded the level
specified in the CAWMP.
I. The Fayetteville Regional Office had not received notification from Carroll's
Foods, Inc. that the waste level exceeded the level specified in the CAWMP.
J. The costs to the State of the enforcement procedures in this matter totaled
$135.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carroll's Foods, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G -S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Carroll's Foods, Inc. violated Condition No. V. 3. of the General Permit by failing
to maintain the liquid level in the lagoon at the level specified in the CAWMP.
D. The above-cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
111. 6. e. of the General Permit.
E. Carroll's Foods, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars (Si0,000.00) per violation may be assessed against a person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Carroll's
Foods, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Carroll's Foods, Inc. is hereby assessed a civil penalty of:
$ Ob for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ San for violating Condition No. III. 6. e. of the General Permit by
failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than .24 hours
following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition No_ V. 3
$ , �O O . o d TOTAL CIVIL PENALTY, which is 5 percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 135.36 Enforcement costs
S_ 3t& TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality:
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 14,1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods, Inc.
Attn.: Leslie Stufts
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 830017
Farm # 7768
Facility No. 83 -17
Scotland County
Dear Mr. Stutts.
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 211.0217 Permit.
On May 4, 1999, the Division of Water Quality at the Fayetteville Regional Office inspected
the Carroll's Food Farm #7768 swine facility., It was noted that both new lagoons failed to have
permanent vegetation established on all areas of the dikes. Wastewater was observed leaking
around the pump packing at a steady rate causing substantial ponding on top of the lagoon dike.
Mr. Jimmy Oxendine, the on-site representative shut the pump off. This facility contained several
older lagoons, that need to be closed out according to NRCS standards.
The Certified Animal Waste Management Plan (CAWMP) specified the receiving crop as
coastal bermuda, overseeded with small grain for winter application. However, approximately half
of the fields contained row crops, and the small grain overseed had been allowed to seed out in
the remaining fields. There was a low area in one of the spray fields across from the newest
lagoon that contained standing water. This area needs to be corrected with the correct crop
established as specified in the CAWMP in order to utilize for waste application.
The Certificate of Coverage (COC) and the General Permit were not readily available for
review as required by General Permit condition 1.4 which states that "A copy of this General Permit,
COC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily
available at the farm (stored in places such as the farm residence, office, outbuildings, etc.) where
the animal waste management activities are being conducted for the life of this permit. These
documents shall be kept in good condition and records shall be maintained in an orderly fashion'.
A review of the freeboard records indicated that the lagoon level had reached a level higher than'
2ZS GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHoNE [phone] FAX [phone]
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Page 2
Carroll's Farm #7768
June 14, 1999
the required freeboard of 19 inches. General Permit condition 111.6.e states that `the Permittee shall report by telephone
to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following the first knowledge
of the occurrence of any of the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition V(3) of this General Permit'.
The Division of Water Quality requests that the following items be addressed:
1. Establish permanent vegetation on the inside and back slopes of both new lagoons to prevent erosion.
2. Perform a more thorough investigation of the waste application equipment before and during irrigation events to
assure that the system is working properly.
3. Contact a technical specialist for assistance in determining a method to close out the older lagoons to meet NRCS
closure standards.
4. Consult with a technical specialist or the local NRCS district in order to revise the CAWMP to reflect the current
cropping scheme for the facility and for assistance in correcting the low area within the application field.
5. Adhere to all of the General Permit conditions.
Failure to comply with the above conditions may result in the facility's General Permit being revoked 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 tevy a civil
penalty of not more than $10,000.00 per day per violation.
Please provide a written respom to this office on or before July 2, 1999, regarding corrective actions taken or
planned. ff you have any questions conceming this matter, please do not hesitate to contact either Mr. Jeffery Brown,
Environmental Engineer, or myself at [phone].
Sincerely,
Pa . Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Ed Holland - Scotland Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 22, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods, Inc.
Attention: Mr. Leslie Stuffs
P.O.Box 1767
Laurinburg, NC 28320
Subject: Notice of Violation/Notice of Intent
Carroll's Farm # 7768
Facility No. 83-17 Permit No. AWS830017
Scotland 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 March 16, 2000, staff from the Fayetteville Regional Office of the Division
of Soil and Water were at the Carroll's Fane # 7768 site to assess inactive lagoons.
They noted that the freeboard of the active lagoon at this site was sixteen inches which
is less than the required freeboard of nineteen inches, and notified the Fayetteville
Regional Office of the Division of Water Quality. On March 22, 2000, staff from the
FRO performed a follow-up of the call from Soil and Water of the Carroll's Farm #
7768 located in Scotland County and found that the freeboard level of the lagoon was
approximately seventeen inches and irrigation was being performed. The General
Permit condition M.6.e. states: " The Permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of any of the following events: e. Failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V(3) of this General Permit."
The Division of Water Quality requests that the following item(s) be addressed:
1. Fill out the enclosed 30 day Plan of Action for lowering the lagoon to the
required level of nineteen inches and return it within the 48 hour deadline.
2. Please provide actions proposed to prevent future freeboard violations at this
facility, which are not in compliance with the CAWMP or the General Permit., - .
r
GROUNDWATER SECTION
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE: [phone] FAX' 910-486-0707
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ENR TOLL FREE HOTLINE: [phone]

Mr. Stuffs
3-22-00
Page 2
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 violations.
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for this 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 an explanation for this violation that you wish to present to this office please forward a
detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with
recommendations of enforcement. This response should be received by this office on or before March 30,
2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following
address:
Mr. Steve Lewis
NCDENR-DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is
still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
John C. Hasty, Jr., Environmental Specialist at [phone].
' ncor
i
Patel E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
B. W. Anderson -Scotland Co. NRCS
Trent Allen -DS WC Fayetteville Office
Central Files -Raleigh
Steve Lewis -Compliance Group