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HomeMy WebLinkAbout820466_ENFORCEMENT_20171231NUH I H LAHULINA Department of Environmental Qua! II � .�,4 1,> v- � e �- I gS> " Lj-� ---- ;�- NCDEN� `7�CaOVER NOR s� L31 .# -CHOLMAN _ �t'F » •� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 13, 2000 L6011 S ll r I It"11114FIRM, Carroll's Foods, Inc. Attn.: David Nordin P-O, Box 856 Warsa-, , NC 28398 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820466 Carroll's Farm #2537 and #2538 Facility No. 82 - 466 Sampson County Dear Mr. Nordin: 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 .02 i 7, you have been found to be in violation of your 2H .0217 Permit. On February 4, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Carroll's Foods Farm #2537 and #2538 swine facilities in Sampson County. David Nordin, a Carroll's employee, reported that wastewater had left the waste management system. An inspector from the Division of Water Quality arrived on the site and observed that an earthen berm had been installed to prevent additional wastewater from leaving the farm. Animal waste had flowed from the back of one of the swine buildings and ultimately discharged into Turkey Creek which is Class "C SW" waters. The lagoon was also observed to be in the emergency storage level (approximately 13 inches). The Division of Water Quality requests that the following items be addressed: 1. 1 f not already completed, lower the lagoon level to the required. freeboard on a suitable waste application Field as soon as weather permits and per the CAWMP. r1 nPiJw�GR+lAy 225 GREEN STREET, SUIYE 714 1 SYSTEL OLD. FAYETTEVILLE. NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX 910-48S-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER � 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Carroll's Farm #2537 and #2538 March 13, 2000 2. Provide a detailed explanation as to why wastewater was allowed to Ieave the waste management system and what steps have been taken to prevent incidents of this nature from occurring in the future. 3. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility, which are not in compliance with the CAWMP or the General Permit. Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual nor -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. You are hereby notified that based on the above information the Fayetteville Regional Office of the Division of Water Quality has no choice but to consider sending recommendations for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the surface waters of the State from a non -discharge facility. If you have an explanation for these violations 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 for enforcement. This response should be received by this office on or before March 23, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 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. Page 3 Carroll's Farm #2537 and P2538 March 13, 2000 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. Sinc rely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A4� 1DEF-HNFZ DIVISION OF ENVIRONMENTAL MANAGEMENT April 8, 1996 CRKT1F1E."AlL RETURN RECEIPT REQUESTED Mr. F.J. Faison, Jr. Carrolls Foods, -Inc. P.O. Box 856 Warsaw, NC 28398 Subject: NOTICE OF VIOLATION Failure to Follow or Implement Waste Management Carrolls 38 Swine Farm (Reg . # 82-466) Summerhill Road Sampson County Dear Mr. Faison: This letter transmits a Notice of Violation for failing to follow or implement your waste management plan. This is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). An inspection of your swine farm was conducted by Regional DEM staff on March 26, 1996 and it revealed an unpermitted discharge of animal waste to the waters of Turkey Creek. These waters are considered waters of the State and are classified as class C-SW waters. During the above inspection, regional staff observed that irrigation equipment had been positioned in such a manner that waste was being sprayed directly into a field ditch and waste was also running off the application field. This field ditch was visually traced by DEM staff and it was confirmed that the ditch allowed significant amounts of waste to be discharged into the waters of Turkey Creek. In addition, another nearby spray field was also noted to be severely ponded and waste was observed leaving the field. This is in clear violation of your plan as it plainly states : "I also certify that the waste will be applied on the land according to this plan at the appropiate times and at rates that no runoff occurs" Wachovla Building, Suite 714, Fayetteville FAX 910-486-0707 �� �� North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper Mr. Faison 4/8/96 Page 2 Failure to comply with these rules can result in civil/or criminal penalties or the facility may be required to apply for an individual nondischarge permit. For your information, one copy of the State regulations is enclosed. This letter also serves to notify you that this office is considering sending an recommendation for enforcement action to the Director of the Division of Environmental Management concerning this violation. If you have an explanation for this violation that you wish to present, please respond in writing to me within 10 days following the receipt of this notice. Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. It is has been duly noted that you have contacted this office in writing on 4/ 1 /96 and clearly stated what measures you plan to take in order to prevent further discharges. Thus, it is requested that you forward to this office, at the address on the bottom of the previous page, on or before May 3, 1996 a written statement indicating what measures have been fully implemented. It is recommended that you contact this office upon receipt of this letter if you have any questions. Please do not hesitate to contact either Mr. Ed Buchan, Environmental Engineer, or Michael Wicker Water Quality Regional Supervisor, at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group Chris Walling, DSWC-FRO Ed Buchan, DEM FRO J - �y�'"-'^ - i j.* y� S [✓ # w yam• . �y�'"-'^ - i j.* y� S [✓ # w yam• . fit Owv 7. IFdor .4 IZ WNI 75 s Ad of% A WIN jr rz • I �� �."-�- ` Y �y� ��...�R�Js.•_�G. ��T^T� i'4.r.:^-71 �: :i[ � � ��fl�; ^l•�-. Rlevor+�P Animal Operations Form Date/Time: --%7- o I �13a s•,1 DWQ Contact:_ key sfer- a-ve r r',L e Telephone No.:_ Q/o 2 q 3 Farm Name: T p & 255 Facility No.: FL — y�p 6 County: 40 San Directions to DIVISION OF ENVIRONMENTAL MANAGEMENT Fayetteville Regional Office Water Quality Section DATE : June 3, 1996 TO : Steve Tedder, Section Chief Water Quality Section FROM : Kerr T. Stevens, Regional Supervisor Fayetteville Regional office SUBJECT : Recommendation for Enforcement Unpermitted ❑ischarge of Swine Waste Carrolls Farm # 38 Summerhill Road Sampson County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. Also attached is a letter for the Director's signature recommending revocation of the "Deemed Permitted" status for the facility. The notice requires submission of a set of steps that, when implemented, will help in the prevention of future discharges. 1. if additional information or clarification is required please advise. ES Attachment State of North Carolina Department of Environment, Health ar)d Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary CERTIFIED. MAIL RETURN RECEIPTREQUESTED Mr. MA. Faison Carrolls Farm # 38 P.O. Box 856 Warsaw, NC 28398 Subject: Notice of Violation Notice of Intent to Revoke Deemed Permit Carrolls Farm # 38 Reg. # 82-466 Sampson County Dear Mr. Faison: E:)F-=HP4F:;Z You are hereby notified that, having been deemed permitted to have a nondischarge permit for the subject animal waste disposal system pursuant to 15A NCAC 214.0217, you have been found to be in violation of your 2H .0217 Permit_ The violation was documented during a site visit on March 23, 10%. During the visit, a discharge of animal waste from the application fields was observed. The discharge was traced to the waters of Turkey Creek In accordance with the requirements of NCAC 2H .0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater or correct the violation- 2. Make any modifications needed to ensure there will be no future discharges or violations and the facility will be in full compliance with its certified animal waste management plan Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Wachovia Building, Suite 714, Fayetteville `yam FAX 910-486-0707 North Carolina 28301-5043 N50% �� CAn Equalopportunity Affirmative Action Employer Voice 910-486-1541 recycled/10% post -consumer paper Mr. Faison Page 2 If you have not already done so, please submit documentation as to what steps have been taken to ensure the noted violations will not reoccur. At the same time you must make arrangements with the Fayetteville Regional Office to schedule a site visit by our staff which will confirm adherence with the terms of the animal waste management plan. Please submit this information to: Division of Environmental Management Water Quality Section -Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 If there are additional violations or discharges to the surface waters, a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual nondischarge permit This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker P.E., Water Quality Regional Supervisor for our Fayetteville Region at (910) 486-1541 or Mr. Shannon Langley at (919) 733-5083, ext 581. Sincerely, A. Preston Howard, Jr., P. E. Attachments cc: Kerr T. Stevens Wilson Spencer - Sampson County Soil and Water Conservation District Chris Walling - Regional Coordinator, NC DSWC Dianne Wilburn - Facility Compliance Group State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary e�� EHNR DIVISION OF ENVIRONMENTAL MANAGEMENT April 8, 1996 CERTIFIEP RETURN RECEIPT REQUESTED Mr. F.J. Faison, Jr. Carrolls Foods, Inc. P.O. Box 856 Warsaw, NC 28398 Subject: NOTICE OF VIOLATION Failure to Follow or Implement Waste Management Carrolls 38 Swine Farm (Reg.i# 82-466) Summerhill Road Sampson County Dear Mr. Faison: This letter transmits a Notice of Violation for failing to follow or implement your waste management plan. This is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). An inspection of your swine farm was conducted by Regional DEM staff on March 26, 1996 and it revealed an unpermitted discharge of animal waste to the waters of Turkey Creek. These waters are considered waters of the State and are classified as class C-SW waters. During the above inspection, regional staff observed that irrigation equipment had been positioned in such a manner that waste was being sprayed directly into a field ditch and waste was also running off the application field. This field ditch was visually traced by DEM staff and it was confu-med that the ditch allowed significant amounts of waste to be discharged into the waters of Turkey Creek. In addition, another nearby spray field was also now to be severely ponded and waste was observed leaving the field. This is in clear violation of your plan as it plainly states : "I also certify that the waste will be applied on the land according to this plan at the appropiate times and at rates that no runoff occurs" WochoviaBuilding, Suite 714, Fayetteville NO FAX 910-486-0707 North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% past -consumer paper Mr. Faison 4/8/96 Page Z Failure to comply with these rules can result in civil/or criminal penalties or the facility may be required to apply for an individual nondischarge permit. For your information, one copy of the State regulations is enclosed. This letter also serves to notify you that this office is considering sending an recommendation for enforcement action to the Director of the Division of Environmental Management concerning this violation. If you have an explanation for this violation that you wish to present, please respond in writing to me within 10 days following the receipt of this notice. Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. It is has been duly noted that you have contacted this office in writing on 4/1/96 and clearly stated what measures you plan to take in order to prevent further discharges. Thus, it is requested that you forward to this office, at the address on the bottom of the previous page, on or before May 3, 1996 a written statement indicating what measures have been fully implemented. It is recommended that you contact this office upon receipt of this letter if you have any questions. Please do not hesitate to contact either Mr. Ed Buchan, Environmental Engineer, or Michael Wicker Water Quality Regional Supervisor, at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group Chris Walling, DSWC-FRO Ed Buchan, DEM FRO STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF CARROLLS FOODS INC. CARROLLS FARM # 38 FOR VIOLATIONSOF PERMIT 15A NCAC2H .0217 File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North .Carolina General Statute (G.S.)143-215.6A,I, A. Preston Howard)r., P.E., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. Carrolls Foods,Inc. operates a concentrated animal operation in Sampson County. B. Carrolls Farm # 38 was deemed permitted as a nondischarge facility on Decembe6, 1993, in accordance with 15A NCAC2H .0217. C. On March 26, 1996, DEM staff observed a discharge of wastewater by Carrolls Farm # 38 from the spray fields to Turkey Creek, which are Class C-SW waters of the State within the Cape Fear River Basin. D_ Carrolls Farm # 38 had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $861.55. 0 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONSOF LAW: A. Carrolls 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 this animal waste management system is required in accordance with 15A NCAC2H.0217 and G.S. 143-215. 1. C. Turkey Creek constitutes waters of the State within the meaning of G.S.143-215.1 pursuant to G.S.143-212(6). D. The above -cited discharge is a violation of the nondischarge permit E. Carrolls Foods,Inc. may be assessed civil penalties in this matter pursuant to G.S.143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215. 1'. F. The State's enforcement costs in this matter may be assessed against Carrolls Foods, Inc. pursuant to G.S_ 143-215.3(a)(9) and G.S.143B- 282.1(b)(S). G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S.143-215.6A(h), 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: Ill.DECISION: Accordingly, Carrolls Foods, Inc. is hereby assessed a civil penalty of: $ for discharging waste to the waters of the State in violationof 15A NCAC2H .0217. $ TOTAL CIYfiL PENALTY, which is percent of the maximum penalty authorized by—G.S. 143- 215.6A- $ 861.55 _ Enforcement costs $ TOTAL AMOUNT DUE As required by G.S.143-215.6A(c), in determining the amount of the penalty l have considered the factors listed in G.S. 143B-282. l(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) A. Preston Howard, Jr., P.E., Director Division of Environmental Management I 1. Date of Inspection(s): March 26. 1996 - April 19. 1996 2_ Regional Office: FaTtCville. Water nuillity ertion 3. Name of Owner Of Property: CwTolls- oQds- Inc. (Cony of —Deed attached) 4. Name of Operator: Mr_ M.). Faison. 5. Address: P.O. Bo 856 Warsaw, NC 28398 , 6. Phone Number: (9100) 592-0141 7. Description of Facility Location, Map excerpt attached West side of SR 1914. approximately Q.5 mile from intefsection of SR 1914 and SR 1213, 8. Date this facility began operation: The p=erty_ on which _the farm is_ located was purchased by CarrollsFoods.Inc. from Mr. LE. Wright on May 18th, 1987. The farm has been_iRfpll operation since early 1988. 9. Date of last expansion: The facility has not rxpanded since oral congruCtion, based Qnc-omments from Mr.,Howardi-iobsonof CarrQis FarmS, Inc. 10. Has the facility registered with DEEM? YES NO_ If yes, date of registration N IA 11. Does the facility have an approved Animal Waste Management Plan YES-, NO_ Is one required? YES— NOX Date Approved:4 113 195, 12. Has this facility received a CAFO Designation? YES_ NO-. If yes, date issued: 13. Type of Operation: Swinje. Sow Farm 2 14. Numberand type of livestock: There -were approximajely 1000 sows present „at the time of the initial inspection A5with any sow farm, there are also weanling nibs rsent at the Urm in to thf,o T x m r f weanlines l2rescnt a11hefarm is_unknownas it vvaEigs dramatically from week to week. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Tie farm wits designed to have approximately 189 acres -of double cropped land on which to apply waste_ The attached certified, vyaste management plan calls for a combination of three crops to to own in rotation throughout the year: Coastal Bermuda, Fescue, and Small Grain. At the tame of the inspections, the spray fields did appear to, have a wrl established crop of winter grasses (small grain) on all of the fields. 17. Type of Waste Management System: Swine are kept in total confinement_ Lee stall barns with slotted floors over flushing nits. Waste is flushed as needed from floor pits into waSt_e lagoon 20een Thy Lagoon system is composed of one ( moon from whieh -waste�n bepumpgdto a soliO set irrigationystemm and spray— d on the fields via a "traveller" spray gun. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: a n!2tcd IhaL_CAuiQIlS__E4rffl7 was adjacent to the farm under investiigation. However_ this facility applies_�iste -on-different fields and is actually closer to Six -Runs Crpek than it is to Turkey Creek No waste was observed discharging from Fairm # 37 al the, time of thQ inspections of Farm # 38, 19. Proximity of facility to neighboring houses, wells, etc.: No residences are known to be in close proximity to the farm. 20. Approximate depth of ground water table in the area of the facility or discharge: 922 21. Proximity of facility to surface waters: Facility- f 1 locatpd approximately 1800 feet_ flom Turkey Creek. Class "C-SW" waters, 22. Animal waste discharged. Swine Witnesses: Ed Buchan, DEM WO Fayetteville Regional Office MO) 486-1541, Michael V4ricker, DEM 4'+rQ FayttLtville Regional Office (9)4�b 1541. 23. Are pollutants discharged in the waters of the State? Y-k_S If so, how? During an aerial inspection of Sampson County conducted on the morni of 3 /26 /96,,it: was obseryd that waste was being applied in such a manner that v in n n ff was clearlyib fr m tht plane h it -was also-nuted during the flight thaLwate-vasbeing �Riye_ it lento a ditch Which drained into Turkey Creek Soonafter landing, Regional-DEM Staff inspecLed lbr, farm in question and determined that the farm was Carrolls Farm # 38 and also field ditckr v e gun madg a rotatio� waste was Sprayed directly ipto the ditch, in addition, waste was observed running off the spray field and significant amounts of this runoff also drained into the�ame f eld it h Th t field i ch was visually DEM Staff and it Was confir ed. that high concentrations of animal waste were entering TurkeX.Creek During a follow Up inspection on 4/19/96. waste wa"-b rved in another Feld ditch which also drained into Turkey Creek_ Waste again did appearr to hC entering the Waters of the Stau- but sampling could -pat -be x�Dperly completed because ih_t labuatwy was already closed and holding times would have been excreded during the weekend. It shauld_bg noted however' that there Was no sign of recent spraying on the datt,of thQ secondinspeaWn and thewaste-mgy have befnresidual malgrial frQm the previous application event 1pluse see attached USCS-TopQ Map and phy#ouaph). 24. Do or have discharges occurred in response to a storm event less severe than the 25- year, hour storm? YES, It is the ,opinion of the writer that discharges of wastes have c rr in the put dpringa appligation event& Such a conclusioni5 based on the condition of the spay field which appears to have hgen compacted and matted ov_eltime d1je to the long term presence of grazing cattle. In addition, the prgximity andf the fieLd di lso incmiso thelikelihood hay been -discharged during aRplication events in the past, Tbus,it would Qbviously not require a 25year. 24 hour storm event to cause a discharge It -is -also important to note that, the lagoon did have the minimum freeboard and storage of 19" on both inspections. 25. What is the degree and extent of harm to the natural resources of the State, to public health,or to private property resulting from the violation?: The discharge has caused ih- , introduction of nuts nts into thg receiving stneam., that will cause or add to the possibility of algal blooms and acceleriAted eutrol2hication of thf, $low moving vyateri of the receiving.strearn. Also samples taken indicate elevated fecal coliform levels dD-W-n Stream of the f R. 1 r 1111WIMMIMIM. ►► 1 1 1 �! 1.1 !! I. t r .► ► 61 Li l mum U1551 upstream From Copfluence Point-ID-#96WU31627 ____130 4. Downstream From Confluence, Point -ID #96WD31628 860.Ow ***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE INFORMATION*** There are, noknownpublic health issues at this time. Waste discharges of this natpre may, baS!�d on comments from Dr. M.A. Mixson* North Carolina Department of Agdgulture.-Veterinaly-Division- n ri smdne &r asg5 if condition"re-&uitaWe. 26_ What is the duration and gravity duringthe aerial inspection ,t of the violation?: The initial approximatelY11:30 AA.. discharge Judging from was observed the al CA saturated condition of the fields. the discharge had probably_ been occuz rJg nce rl .Wray nip n 3 2 The spray gun wa5 SLW in operatign when AEM staff arrived at a ►t proximately 12. -P.M. an�Qndinuedto�n until staff from Carrolls Foods, lnc. arrived and shut the 12ump down approximately 1.5 hours lal,tr. It should be known that EM Staff alerted the farm staff that discharge was suspected upoaarrival,bnt the irrig tion equil2mgmoperatnt.; _a yvhgre not that time and subsequently arrived 1.5 hours layer. As indioated by ,present the lab ,at results, waste was-unterifg Turkey Cteek at extremely high concentrations and a dark plume was clearly visible where the waste drained into the creek 27. Water Quality Assessment: At the time of the first inspection, th-e-discharge flow was considerable_ at the point it reached Turkey Creek, making up appTOMmately 10% totalof jh� w in theA fore-, excessNe discoloration was observed at the point of confluence._ 28. What is the cost of rectifying the damage?: The writer observed no areas that cleanup activities would be recommended. Any cleanup would causes _ad I - IS t nearby wetlands. There has been norel o of downstream impacts the area of the investigation. 5 29. What is the amount of money saved by noncompliance'?: Based on Qbsoyations made during the investigations. no cost was si,gnificantly_Aesreared by over -applying the waste. Although. if enough waste was over -apple. A may have allowed for fewer spraying events in -the future -andAherefore less man hour consumed. 30. Was the violation committed willfully or intentionally?: YES_ NOX Explain. Although it does seem -that_ the irrigation uinmrat QjIerators should have been mare careful in how much -and_where the waste-was_b6= allied, it doe5not appear that they intended for the waste to reach surface waters. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority?: Regional files contained no previous violations for this farm. 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: $0.20 per mile for 160 miles: $ 32.80 Fecal Coliform ($22.00 per sample) * 4: $ 88.00 COD Analysis ($24.75 per sample) * 4: $ 99.00 BODAnalysis ($33.00 per sample) * 4: $ 132.00 Copies (Sampson County Court House) $ 0.50 Ed Buchan (g $17.73/hr 4 hours - Drive Time 3 hours - Investigation 8 hours - Report Development 15 hours total $ 265.95 Michael Wicker P.E. (& $25.93 /hr 4 hours - Investigation and Review $ 103.72 Derr T. Stevens (Supervisory Review) $ 33.58 Central Office Review $ 100.00 Total $ 861.55 33. Type or general nature of business: Swine. Sow Qperation 34. What is the violator's degree of cooperation or recalcitrance - Staff from Carrolls Foods. Inc. have been very cooperative and h va Aakgn�AM to try gnd prevent further_ discharges from. hapRening in the _future, _These step as 11 -numerous proposed st .n 1 de in -correspondence from CArrQjL Foods. Inc. (Pleag see atllched letters). 35. Are there any Mitigating Circumstances?: INO 36. Assessment Factors: a. IWC : Visually_ Estimated gt 10 *at the_cgn_ uence pointIctween_waste drai�nagg conduit and Turkey Creek at the time of he initial investigation. b. Receiving Stream : Turkey Creek c. Damage Yes _ No -X— (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission. r4 7' 7 _.!I %i 1,7WT49 38. Recommendations Made to Owner/Operator: At ,the time of -the initial investigation, 1- Immediately cease pumping waste on to the fields. 2- Take.. immediate action to prevent discharge from re -occurring Contacto obtain�technical assigame if 39. Recommendations for further DEMAction: - ,Notice of ViolatiQn (Forwarded ApjjI 8, 12 --Enforcement Action - Reinsp"lion - RevmatiQn of Deemed -Status 40. Other Comments: In summary, waste was accidental even though it is the opinion of this writer thAt the paS tionine and operalijQn oflb-c the discharge spray Qf gun was extremely careless_ As mentioned previously, Carrolls Foods. Inc. apjlears to be veto interested in getting this matter rgsolved and they have taken some actions to address the condition of the spray f elds Once again. it shouldbe noted that the spray fields did have a well established cover crop, but the soil appeared to be "hard" and waste water apparently does not -infiltrate this , soil_ veryucklX, H owever_ it was also noted earlier that other spray fields were severely nonded on the te_of the initial inspection which seems to indicate that waste was also simply over -applied for any soil type. It was recommended thgt the field ditches be filled in andthe ldb rated so as tQ Preyentfurther i e n thv, secon-d—inspection (41 L9J96)one of the field Ji ct hes has been filled in (see photus) but two other ditches remained intact; both of which contained residual gmounts of waste water. Thus, ieemS likelx that if Carrolls Foods. Inc addrgsses these problems, future accidents Can be avoided 40. ��..;yam �. __ ._f..�h • -rAr .. -- _ _ � •,'ti4�"t :'=•�..�.yp,,, - -ram; —^"• �_'�...•: ram` -� - ^��r.7.�: •_ W �'�•=���-� • - � - - � •�"' � ��'•. F .Ora ' r . 11;.4, I -MR i XF ..... ..... iM I Ve ol 1p le r- w �u 1 art• ,!+` 'K ..;'\' i � , y , ,,;;�;, ♦,�' �r ✓✓✓VVVRw t ML �f'� iLce. '�M:'.i ' • �; w. �t .fi, y �' •a;, �,t • r ••rM►1 ,aI-,.: � ,. a � 4 r.-.i.� .� ��� ij t F r r'i .. •�r� �i . i •4 4 �.. `'r, g' 1h,1Ti1 i �,,�=�.. .y ` . �C a1 .. � '° +„ ' • ti'sr�.i "x' L 1 a� h ' , � � r ..' ,�l' •;+irk ,+ : $' .:'�. •.• '�' r.',f' +••! '.' ,�. 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III_ .` «�r�� --''-'�*�i"�t, �__i"-.�-a�t4:+ "�:_�.�- •. r ` _� • i x l" _ ""� '' yac,,h�^ L'<'-F •i�ry f `r`i ,v h '-Y r - „lt �,-�.,'..•,'r _ `... atcr!•,�" _•;��`?"1..j �.;,�?s�'v,.ySr '.i:gw Zvi !_ � S';tf ' :�" h1• i �k r.C�, •:^ s,:''►t +i�rt+ ` �� i� -: �'t'r� 3� ��.r• S �'�� . `` I _ _ r-\ T' f��:���.�•„• - jr`} `.. :� � •: •S-•: ".:.7 :• _���r�.'�. ••f^ .�" ' ti _ =_itl,i- y • ,-ice- •� �• �';ti_-�i',,.�- ,� -L:�_- � _ _ � 2?i ^� • •� ��: 'y'� •� •'. .S''i••fit _, ••_ i•.•. ��t�f.^�Y• w.a. • 1 ' rs'• ram,. -� � '-•ter � � �;' 'P � �,: --'' �: � -' j' y �.;� t �� "•_ �-�• _- - �. �-�, -�- _ - 4�. •'}`!s,Y_��•=�^�J,� ^•Y,I j�3� ,r,..LU. r�.' •'�. rr}•'•'- ..I ` _ ;. �"' ,• .;%�' _.�%',• - ~r..y"yet-'•'l`a max►- _- 'de; �_ - - ;• ��1 qb oi I low_ It • .aim% �' . tir' ,�.'�_; .:. ����- • .� ��_ _ . ' �' � � -�•.ry .r1i� •fir '.+••'- = �. '•� �.�Y . -, -� `+IL it • / � }'i 1 (ice- • �R _ _ lk A. • icy}f ; +ti �'� •+1f .4 w � .,� � ° { ]� • �.- - :} j '' ''e t• :tea 't w .. a� _ ' lit h y 40, IF Microbac Laboratories, Inc. MICROBAC ENVIRONMENTAL LABORATORY NC #11 817 CASTLE HAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) AIR • FUEL WATER • FOOD • WASTES CERTIFICATE OF ANALYSIS CLIENT: NC DEM ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. Ed Buchan ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Ditch off field - ID #96WE31625 2. Confluence Point - ID #96WE31626 3. Upstream - ID #96WU31627 4. Downstream - ID #96WD31628 CERT #16282 DATE REC'D: 03/26/96 SAMPLED: 03/26/96 SAMPLED BY: E. Buchan DELIVERED BY: E. Buchan SAMPLE CODE: WW, Stream, Grab REFERENCE: Carroll's 38 DATA REVIEWED BY: DATE REPORTED: 04/03/96 ****i+**i*+*i*ii**+i#+#}++iii*i++++i+++}*+*******++++++i}++++}i+++}++i+*+*it*+i*+* ANALYSIS METHOD 1 2 3 4 BOD (mg/L) EPA 405.1 822 880 2.15 8.79 COD (mg/L) EPA 410.4 2250 2200 50 110 COLIFORM, FECAL (per 100 ml) SM16 909C 1360000 1710000 130 860000 COMMENTS: C = Less than > = Greater than v APR I q IM FAYM.n1!-;! ,-G.OFFICE PAGE 1 OF 1 The dah and Cew InlonndiontanWrwd on dale. and edw a000mpanylnp d—mends. repment only the sampler► analyzed arM in MEMBER nndene upon ttw cdndtlon that it it not to be reprgduaed whotay or In part for edrer>islnp or ottwr purposes wiMwt written app+cvd 0 `" �� � �`. i � ' - . �,' � - � ..�• i .,� + 'll+� �' I �` `:..,y Irr /��'� � rlr, + 1A � + prs•4 ��'~� y ,� -•y C� � { i 4 � r.w►! • � � � 'lr� - + ++w ,awr.! 1 ♦ � 1'' ! _ h V i �� - ' * �y+�4_ • o •E i i IF �f +* r r I \1 1 fown .` ! +wiilw ,•• •♦ +� rn1 , �Y � I 1 _ ! _� _. , � �� .. � t1� � ,1�' r i �-; .. � '' -ram ! � + ♦ •�} � �• _M>00N li�lo AlFit''ll C- WAii�g INJ C>rrc�f OtJ TQAK'ey ;� � � �/ifs] C RAC k SPIZNY FksL-C) U VSTP'g�A F L -ot rL4 Z7 D j � f L ft�PL I kjG p+. FICLI) DtTC Lu e IN� C IE Now ......... Pf LLG 1) All 54(qPLIN(, Pt-. r TJqAvEj RVW pit 1 _ Vic- rTeo pep', SkiTG�F CIF r Wwl SI-re- e4u-t 70 geklE) Division of Environmental Management Animal Feedlot Operations Site Visitation Record Date: Time: - oQo General Information: Farm dame: Car o1� � - 3 le - County:,. d Owner Name: r Phone No: fro - of On Site Representative: PLU L- a-4 dp r C-l-'a Integrator. Mailing Address: Physical AddmssJLocation: wro �.• r Ct • Latitude: l l Longitude: / ! Operatbort-Description: (based on design characteristics) Type of Swine No. of AnimaLs Type of Poultry No. of Animals Type of Cantle No. of Animals w 14000 0 Layer © Dairy ❑ Nursery ❑ Non -Layer ❑ Beef ❑ Feeder 01her7ype of livestock Number of Animals. Number of Lagoons: / (include in the Drawings and Observations the fmboard of each lagoon) Facility law—ectiqu; Lagoon Is lagoon(s) freeboard less than I foot + 25 year 24 hour storm storage?: Yes ❑ No;d7 Is seepage observed from the lagoon?: Yes O No W Is erosion observed?: Yes ❑ No Is any discharge observed? Yes 0 NoI9 0 Man-made O Not Man-made Cover Crop Does the facility need more acreage for spraying?: Yes 0 Now Does the cover crop need improvement?: Yes (3 . No { list the crops which need improvement) 7 Clop type:_3e-~,J �Pcc;;� � �{_ Acreage: l d i' Setback Criteria Is a dwelling located within 200 feet of waste application? Yes 0 No)5V Is a well located within 100 feet of waste application? Yes C1 NoP Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes 0 Nola Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes ❑ NoW AOI — janna T 174996 - Does the facility maintenance need improvement? Is there evidence of past discharge from any part of the operation? Does record keeping need improvement? Did the facility fail to have a copy of the Animal Waste Management Plan on site? Explain any Yes answers,• .a wc, Yes 0 No% Yes U' No CI " Yes ❑ No Cl Yes 0 No 0 Signature:_ _ i Date: q cc Fucs7ity Assessment Unit Use Atr o mvai if Needed ]Drawingg or b ervati SpIn .. _ - - � rr.. rf r..�.-.�.. r. an•. — - Y)t' Ire. rll i..1*!e`.�r'w.y:+�. r. �'�'-__. - .�._- AUI — January 17,19% CARROLL's FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 28398 JU M..R 29 06 March 27, 1996 Mr. Ed Buchan, Environmental Engineer EN"I L';^:':F ; ':`.ENT Division of Environmental Management FAYETTEVI E REG. OFFICE Suite 714, Wachovia Bldg. Fayetteville, NC 28301 Dear Mr. Buchan, In response to your visit to Farm 37 & 38 in Sampson County on March 26, we are initiating the following actions: - Eleminate the small surface drain running parallel to the larger open ditch - Establish a new fence 25 feet from the remaining ditch (it has a fence on the NE side) - Meet with the farm manager and operator to review management procedure and calibration of the traveling gun - Determine the increase in travel speed needed to prevent over - application and runoff and utilize this information for future spraying - Make recommendations that a traveler be assigned full time to these two farms in order to make more frequent applications at lighter rates. This will allow the operator to fully utilize good weather conditions along with proper plant uptake of nutrients - As part of regular management program, check soil compaction and aerate with proper equipment if deemed necessary. This would permit better infiltration and less chance of runoff. it is our intent to utilize the nutrients produced on this farm in a manner that will not result in surface runoff or contamination of ground water. We will make every effort to manage this farm in an environmental safe manner. If additional information is needed, please give me a call. Sincerely, Howard L. Hobson, Resource Conservationist Carroll's Foods, Inc. cc: Bob McLeod Don Butler . 1, �' P_ F I 11FOM!1 April 2, 1996 CARROLL'S FOODS, INC. P. 0. Drawer 856 WARSAW, NORTH CAROLINA 28398 Mr. Preston Howard, Director Division of Environmental Management PO BOX 29535 Raleigh, NC 77626-0535 Dear Mr. Howard, •JJ . FA!',L-T ; This letter is in response to an inspection at one of our farms on March 26, 1996. Mr. Ed Buchan informed us of the situation in a very timely manner which enabled us to take immediate steps to correct a management mistake. Mr. Bob McLeod, Farming and Waste Management Supervisor, immediately went to the farm and met with the farm staff. On March 27, Bob and Howard Hobson, along with farm personnel went back to determine how to prevent future runoff during irrigation. The following actions were taken regarding the short term and long term management requirements: - stopped irrigation when problem was discovered - Met with farm personnel to look at the site and review procedures - Eleminate a small surface drain running parrallel to the larger open ditch - Establish a new fence 25 feet from the remaining surface drain - Check the calibration of the sprayer and determine the increase in travel speed needed to prevent over -application - As part of our regular management program, check soil compaction and aerate with proper equipment if deemed necessary - Hire additional personnel to work with waste application program. Special attention will be given to farms with specific soil and topography limitations As pointed out by Mr. Buchan, this event was a management error that we try very hard to prevent from occurring. I respectifully request a remission regarding this inspection. We are very aware of the attention on water quality and are continuing to improve our farming activities along with our growers. Thank you for considering this matter and call if you need additional information. Sincerely, H regg Schmidt, Vice President -Production arroll's Foods, Inc. AInMLXL WASTE XA_XAG "fE%C= PZ.AX CERT171CATT_ON POR R=ISTINC PP=DLOTS Please ret::r= the completed fo= to the Division of Environmental 2ianagemeat at the address oa the reverse side of this fors. Name of far:, (Please print) S-6 *flailing Address:— 41-0 I&a& 1h5)a LAIIMAW_ S _ Phone No.: R IFS - 1.c[3 Count (of farm) : Farm location: Latitude and L.ongitude:.� pg' jQj!' /-U'& ae (regtiired) . Also, please attach a copy of a county road map with location identified. 'iype of operation (swine, layer, dairy, etc.) :_5MjIM9 - PASt IM '�d Design capacity (number of animals): Average -size of operation (12 month po 3ation avg.): Average acreage - needed for land appli' ation of waste (acres) : C&OP, a=aaa=-won=a====am=anias�ata=ss:�s�7raa asiaa7�yla��aaans=tea a7ta a��assar 4i7�a�AJ��ttaaaF Tsch=ical Specialist Certification As a technical specialist designated by the North Carolina Soil and water Conservation Commission pursuant to 1SA NCAC 6F .0005, I certify that the existing animal waste management system for the farm named above has an animal rha..0 MaII&gaaen }rya.-• that =aeC.^, h= =nd =_-i :ten_ ncs rtaz''!ards ami specifications of the Division of Environmental Management and the USDA -Soil Conservations Service and/or the North Carolina Soil and Plater Conservation. Co:.-nission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The follo.+ing elements and their corresponding minimum criteria have been verified by me or other designated technical spec-alists and are included in the plan as applicable: minimum separations (buffers); adequate quantity and amount of land for waste utilization (or use of third party); access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stor:mrater runoff events less severe than the 2S-year, 24-hour storm. Ness of Technical Specialist (Please Print): Affiliation (Agency) : address 1•0- AuIM& 05L +�,t141'3Av� Phone No 910 2�2'�34„�9� Signature:.Y;6aA-'.40I Date: aa�z�p�s�aa�as:eas�aaaa�y�s�rs:e�r�asaaa=�asaactassdeasao:aa�=��ras�=at=a Ow=er/Manager agreement (-e) understand the operation and maintenance procedures established in the approved animal waste management plan for the fa-m .tamed above and will implemen_ these procedures. I (we) know that any expansion to the existing design capacit-- of the waste treatment and storage system or construction of new facilities will rewire a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (wa) also understand that there rust be no discharge of animal waste from this system to surface waters of the stace either directly through a span -made conveyance or through runuii irau: in storm event less severe than the 2S-year, 24-hour storm. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. Na— of Lan Owna.r (Please Print) : C A&&Llha k{o T Signatuae: Date: 3 `5 _ .CV awoEl�'y d� ��-y 1r rtAr�u►s+1tp .. `Tare a- Tisnage� .1. �1. d= f ef� errt f: om owner ( Please print ): Signature: Cr' �G�C-d'�'`� Date: Hc;;Q: A change in land ownership req-sires notifica^ion or a new certif_cat'_cr. iii the approved plan is changed) within 60 days of a title transfer DMM USE ONLY: :SCE# an lt�Ll n r!I CARROLUS FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 28398 FACILITY DESIGN AND WASTE MANAGEMENT PLAN Farm CARROLL' S FARM # 38 (25 38) Name or Number 1000 SOW FAR -FINISH Farm Description Location SAMPSON COUNTY Company Farm _X Contract Grower WASTE UTILIZATION PLAN ---------------------- Owners name--:CARROLLSZE38 County:SAMPSON Mail Address-:WARSAW Type of production unit ---- :FAR -FINISH Number of animal units-----: 1000 Type of waste facility ----- :Anaerobic Lagoon Temporary storage period---: 180 days Method of application ------ :IRRIGATION Amount of animal waste produced-------------------: 19943 tons/year Amount of plant available N produced by animals-: 26000 lbs./year Commercial N to apply on planned acreage--------: 0 lbs./year Your animal waste utilization plan has been specifically developed for your swine operation. The plan is based on the soil types, crops to be grown, and method of application for your particular operation. The waste must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation of waste will conserve nutrients and reduce odor problems. Page 2 The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Annual acreage requirements may be more or less based on the waste analysis report for your waste management facility. YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code /Acre /Unit Used Apply 7258 26 WAGRAM K N/A 100.00 2.5 250 S-APRIL 7258 26 WAGRAM B 4.7 50.00 2.5 587.5 MAR-OCT 7258 19 WAGRAM K N/A 100.00 14.0 1400 S-APRIL 7258 19 WAGRAN B 4.7 50.00 14.0 3290 MAR-OCT 0 0 0 A 0 1.60 0.0 0 S-APRIL 0 0 0 A 0 1.60 0.0 0 S-APRIL 7258 17 WAGRAM K N/A 100.00 9.0 900 S-APRIL 7258 17 WAGRAM B 4.7 50.00 9.0 2115 MAR-OCT 7258 16 WAGRAM K N/A 100.00 22.5 2250 S-APRIL 7258 16 WAGRAM B 4.7 50.00 22.5 5287.5 MAR-OCT 7258 15 WAGRAM K N/A 100.00 3.0 300 S-APRIL 7258 15 WAGRAM B 4.7 50.00 3.0 705 MAR-OCT 7258 12 WAGRAM K N/A 100.00 4.5 450 S-APRIL 7258 12 WAGRAM B 4.7 50.00 4.5 1057.5 MAR-OCT 7258 10 JOHNS Y 3.7 50.00 3.0 555 F-JUNE,S-N 7258 9 JOHNS Y 3.7 50.00 20.5 3792.5 F-JUNE,S-N 7258 8 WAGRAM K N/A 100.00 6.0 600 S-APRIL 7258 8 WAGRAM B 4.7 50.00 6.0 1410 MAR-OCT 7258 5 JOHNS K N/A 100.00 8.0 800 S-APRIL 7258 4 JOHNS K N/A 100.00 7.0 700 S-APRIL 7258 3 JOHNS K N/A 100.00 10.4 1040 S-APRIL 7258 2 JOHNS K N/A 100.00 11.2 1120 S-APRIL 7258 1 JOHNS K N/A 100.00 6.0 600 S-APRIL Available Nitrogen Total 189.1 29210 (includes commercial) 26000 Surplus Or Deficit -3210 Crop codes: Crop -unit A=Barley-bu. B=Bermudagrass(graze)-tons C=Bermudagrass(hay)-tons D=Corn(grain)-bu. E=Corn(silage)-tons F=Cotton-lbs. lint G=Fescue(graze)-tans H=Fescue(hay)-tons I=Oats-bu. J=Rye-bu. K=Small grain(graze)-acre L=Small grain(hay)-acre M=Sorghum(grain)-cwt. W=Wheat-bu. Y=Fescue(pasture)-tons Z=Bermudagrass(pasture)-tons Page 3 If more commercial fertilizer is used than shown in this plan, then additional acres of land may be needed. A three to fifteen feet wide permanent grass filter strip should be seeded along all ditches in fields that receive animal waste. Additional comments: Prepared by: % Title: �eS. eawws . Date: 4 -i39S Concurred in by: c w - !1. �u. �,-� Date: 3 7r Producer I understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff Au:' [.a. R, - Date: Producer Technical Specialist: 44-0,sa �e- _ Date: 4-13IS (Copy to producer and copy to case file) s—[•:.� ;34 rJ:`;K�`�: s`?� r - ram"" �� ! y •.,� - � . L�'• y..y ' 7 i j'irr, 4-' ,,,5.. +.C� a - • � + 1 "�`'.i•. ram' {{ ,+,•� ,'l'.+ . .!w.,.x i . it _ ... • •i iI:'.'.. f: t� �Rl-'''1 AIT 'I%ir `;r'.:d;[fj'{{D'1yis'�'(!+ .'.kyair C' .� ':;f ,1�* I •'tr"' �I eK• i �C'��L'� s'L r•}-" IV ..1" �(1 Ln 1 •�/� Arta �\ '/�•tf, /,'ay,• , ,�,' .431 f! 07 ro �Y!' � F ,r'• ter`% i''����.• r � ` rt __��� t f h3OJ 7� `'' ''? i t L h Y� lrY' '' •' ..s :: , � y : i. I. lt AP —c* -v 'i•'''* i' »"lam r'; yl�2�a�.:i r. '4 . ;r�F;;[{`�. ;.� :• fi;' �' � •.t3 O+ •/1��i �rkr �. e � j.a,•� ,•. �'.`��` �. � - pt. ;•tiairix.� `' w:'.! v''t•.i , ~, r�;��l•. , ►`: �,;"y �� .�. r .�..� �Y�+�- ` .r. '-••1�'`��a• a: � : ii"J�C",}� LL� �i •, Us1• ,F i • 7 3 s t ._ ;.e�.. �(R.f•r�l ,t+ �►•� •,.• .. "` � h•'r. RR a ..•. •t� �• IT'• 1r�ri . _Sly.•+;� 2- -3 i f �' � � �`Zbl'�`: � '�w.'►;. i. _ y•.-i} ,.! � i� �. iw'S`r'` '� �.�_ !" y.r �. r/t�a• '�•s �0 � f •.. �� '',ti:Q•.*`�. .rr��,♦.* �.:. `�':' %`'�;7�12'�;.�it✓ ,��.., *i'�.•.,Y. i 7 i``� .:sir: ,S^.i+''.-+�,�,:; s �t?y..'1:� �'+"F: �k w e �r • ���• 'r .. �•^ +� � �� ,p:a :}r7 1 .ii` 3 ,� Jd[i S�T'~!• -%" .r' _;','�y...r j � :, ti � f, +, • ,y' ?rl: ' Ki a = .[�r�'r ...�' ;'rr w �• rt..1�.Y �..r. �' 4 .F \L.'L+� ^ � •„-S r._ •!�"•'�iy ;� ,i:. � _ a.- � '1+• ��= 1{ �. • � . .J � _.' 7'=� f / YY `' � n• =1..t '�' �E "^a i,..f�t. _y.r• y, �`• _,x '. •�`•a'1 3, �} 1• • /( 1r l►- 49, .µ; '� j�'..:_. E `,yly r� a + is r: «. '•�.�r".iP�.. 1 al"r•.- ` _ �4 i! ¢'ipa.�••w 'f}�!� tiy=.7,c._ �.r ,yet, (��►r .\ �'`' o -�` r..ti .� e..!' ���'�,'����'f L' �•,r• 7�.,;�.4. 'r ,F. �� +'" ,•+a �{.{ :�..V, _�J';;+.`d•. v '� � �` i�r:',�'' ; S�jy' :i. r���. �',•-•r �;MR�,is;'���. �'f��r.�+`'. 7 F !' � 1 ����y"� �•%S U'' .;f K_'i'r' t�, ..�[rC. � •� ,• 1 .•.' ,� .� •:� ;�'F�y i• '��� 'i '.� . '��r� .V, t'•=iT-•i y •r f(� 7 ,� �"• �tr'� '� � �Y�� fir. '1y�� ,i' s� ►.. _ . j. ya�+ ;.•�wjf r. '�5 �r A,� r ����,.�. � }uti'... `•i YF � ��i� �� t,a< Ex +f 1C.���`y�� 'L�.,� ,� �'s�^'+ ,�' �(. � � �` '�.� � s � 6 k � ,. +gay � 7' � ���"�-,tiy�'•' • r+4 �• , �' _ .. - T'_J_ l r. y � _ . 4 V•� _ ...-. . _ �� • �� . _ _ a• �� ;�'.lri3�t•�` 'r'a+L1/�7 �i t i�J.P1 ieL � �� Y v - , 1-wr r;��i:� `. w. , ; -,7rJ• }: ���� •�ya�- �•-r .! �nL-r'�C•(� r n,,•v �-j�' .A a x.'1.' • i ��Y ' � ar �yy} �jj:f (F• ��',k �{;.^�'~ r; �� {:�"r •r. '.,t''a.,.. n•�?..• ,�� � . Ys: '1. � �.� ,rwr �.a, il, .7'. �' � .. tf' 'y�*.�t+' "�+[� i���%t(y �r...7�.� 1'' tF,'.•'. L7' 4•.. ,�,- `y�It'. �rM,+�:•�Y• , r ��• }[LLJ�• Fy �l �, y'i:., y.. ' �•. , . i'J�: 1 C'' +".lp �, •' ` . �� �:E:: ~. • s'. "l %- ,./� ' � ,fir S`.������e'CiCC ��_ r f ..� _ �j� ` � ��!! � �' ��"'�ir!.�+ y:.^��I'1 �L �'� • s 7fy "1t' �5.,,� ,r.•' `T-. . K rt'/rt.• '.:1',.l�''�"sue- t►�• � ��•.1.'r!•h,' _i.�'•��,`. ��Z'iir� ''� Sr.�w�11.a� s1oa�. � '7r ...•M LIEDA—SOIL CONSERVATIGN SERVICE UNITE_n STAF S SGS—D EA57S ROMAN STF.EEe DEFARTP^lEN7 OF CLINMN, NC 2SS28 .46RICULTLt E PHOME (919) 592-7963 OPERATOR: Please review the attached p I are and spec i f i c at i {ins carefully. Retain this plan for your use and records. It is strong iy recommended that you, your c�:,ntractcir and i i Conservat i on Service personnel are in agreement as to the waste lagoon is to be constructed. SCS personnel will meet with all concerned parties and walk over the site to explain all flags and markings. It is important that everyone understand what is ex, pect'ed s0 that f i na I construction Meets plans and specification and ti-le job can be. certified for payment (if ACP cost sharing is involved) . The pad dimensions and grades are the test estimate. The builder or contractor is re�Eponsi bi e for final layout and design of the pads. SCS persc?nne l will assist i n a l i rn i ted capacity, as its major concern is the proper design and construction of the waste treatment lagoon - The actual amount of material required f _r papas and darn may vary from the estimates. The design will attempt to balance cuts and fills as close as possible. If additional rn&- er• i a. is required after construction is complete on thy= l asoon, the contractor and owner- will ne3ot i ate or, ttte pr i ce area location of harrow area. NOTE: SC S- EN G- 538 te.. S-70 U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SOIL INVESTIGATION TO DETERMINE SUITABILITY OF PROPOSED POND SITE FARMER'S NAME CAReOLL'S ., . • SHEET NO. WORK O' + , .. WOODLAND -ACRES• WORK UNIT CONSEHVATIU.�IST SKL-MH OF PROPOSED POND SHOWING WHERE BORINGS WERE MADE (ApprolL Ocala P - -feet)' oor ■ ■■■ ■�■ ■■ o00000 0■ o■■■■ ■■■ MEMO o■■■■o■■■o■■o■■■■■■ ■ ■ ■■■r■■■■ORElm ■■■■■■■■■�■■ m ommomm o a■■ r■mi ■o■■�■■■ vo■o■oo■ i■ roil ■■■■■■■■ ■■■�■■N■E■■S■■■■■■■■■■ ARM ■■ ■■■o■■roo■■■r■■■o■■■ ■■M■■ • BORING NUMBER AND PR0FnE 21*mutd an o:©� ®Q r:Qi■ t'��■ of ■�o ��■I■'��o,oi■;� ■I■!�I�l■ E�lQ'r:®,■ ' � ■�� ■�■ ■�■1■�■;o;■ice■�■I■ICI■1■ �m ■gym■ �■ ■j■ ■�■ r■�ro■�■�r■.■i■�o�■�■ ��:o ®ice ■.■ ■Ei■ ■.■■i■�■ o;. a■I■.��■■�■f[■ ■i�'o ■.■ ■�■ ■'■ ■Colo ■ �■�tl■'■ ■'tWE !m;fwmC�M ■m: ' im ■'■ ■ E� NOMIN ■'■; ■I■!■ ■f!■'ol■I■ �rnJ i■�..�. ono .;oi■i. olo'■i■!■ ■I■loi■�. '1'�C��!■'■ r'� ■;■ ■.■ ■'■fir ■i■`■l■�■ ■�■'■(■ - - - - - I!'JTF0DL-1'C:T1i i\j: C:arro I I ' s Fc.c,ds Inc . p I ins to construct a 1000 scow Farr --w t_. Fin i sF, = at i ort on a F_, - acre farm near Turkey, NC . The c�r,er-at i _�n cor:s i St c th. i r-tee;y bu i 1 tj i n•as Gestat i on Greed i ng, Farrow i r,.a , Nursery, and Tctpp i ng tau i 1 d i rl•.=- . The i r p I ans are CCU pump the eff i ue:;t on to coa+uta! bermudagrass. SITE CONDITICANS: ---------------- The site is located on Wagram loamy sand, 0 to 6 percent slope. Nearest dwelling is located over 2-000 feet away. TYPE AND SIZE OF OPERATION CLASS V Far -row - Finish 1000 sow DESIGNED BY G. Clifton DATE 04- I S-S'S' APPROVED BY ��� 6-- DATE PERMANENT STORAGE 1000 Hags x 1417 I bs per hog 1 Cu Ft per lb. 1417000 Cu Ft TEMP -rRARY STORAGE 1417000 Ibs of animal x 1.35 cu. ft. of waste per day 34432;1 Cu Ft per 1000 Ibs of animal wt. x 180 days RAINFALL LESS EVAPORATION 7" X 197*24 5q. ft. surface area per 12"per- ft 11T=:97 C:u Ft ✓ RAINFALL - 25 YR. 1 DAY STORM (to be stored agave fluid level) 7" :C 197--qZ4 sq. ft.' of surface area per 12" per ft. 1153,.1T Cu f t f �I?Z 07 TQTAL STORAGE DEEDED 18T67ZE: Cu Ft �-�"- E•9500 Cu Yds 0 71,F 9s- TOTAL STORAGE AVAILABLE V.38OZ56 Cu Ft 69639 Cu Yds MANU ,'E AND URINE PRODUCTION 1000 hugs x 21.6 tans per year ZI6&00 T./yr. r kC--,, 6 PF ( -'In- G<t-Vtt --V -t-- S ►I r--C-s _- C �r� z y State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 2, 1996 MR F J FAISON JR CARROLLS FOODS INC. PO BOX 856 WARSAW NC 28398 SUBJECT: Acknowledgment receipt letter County: Sampson . Case No. DD 96-22 Dear Mr. Faison: RECEIVED OCT 4 1996 ENV. MANAGEMENT 'FAYETTEVILLE REG. OFFICE This is to acknowledge receipt of your check No. 00097930 in the amount of $3361.55 received from Carrolls Foods Inc. on October 1, 1996. This satisfies in full the civil assessment levied against Carrolls Foods Inc. and this case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations of the state's environmental laws. If you have any questions please call me at (919)733- 5083. Sincerely, Robert L. Sledge, Supervisor Compliance Group RLS/bc cc: Regional Office Enforcement/Compliance File Central File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Catrolls 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 for by G.S. 143-215.6A(h), 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: III. DECISION: Accordingly, Carrolls Foods Inc. is hereby assessed a civil penalty of: $ for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217. $ TOTAL CIVIL PENALTY, which is zs— percent of the maximum penalty authorized by G.S. 143-215.6A. $ 861.55 Enforcement costs $ 3 3 re1. TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the: amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of farm 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. 3a • j 1e , fg � (D ) *�;49 A. Preston Howard, Jr., P.E., Director Division of Water Quality STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF CARROLLS FOODS, INC. CARROLLS FARM #38 FOR VIOLATIONS OF PERMIT 15A NCAC 2H .0217 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DD 96-22 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143=215.6A,1, A. Preston Howard, Jr., P.E., Director of the Division of Water Quality (DW% make the following: I. FINDINGS OF FACT: A. Carrolls Foods Inc. operates a concentrated swine farm in Sampson County known as Carrolls Farm #38. B . Carrolls Farm #38 was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H .0217. C . On March 26, 1996 DWQ staff observed a discharge of wastewater by Carrolls Farm #38 from spray field runoff to Turkey Creek, which are Class "C-Sw" waters of the State within the Cape Fear River Basin, D. Carrolls Farm #38 had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $861.55. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Carrolls Foods Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-2.12(4). B . A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-2I5.1. C. Turkey Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). - D. The above -cited discharge is a violation of the nondischarge permit. E. Carrols Foods Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act 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 (919) 733-5083, extension 581. Sincerely, ,�arA. Preston Howard, Jr., P.E. ATTACHMENTS cc: Fayetteville Regional Supervisor w/ attachments Comphance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments 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. 1 (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 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 farm 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 • State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director September 4, 1996 Mr. F.J. Faison Jr. Carrolls Foods, Inc. P.O. Box 856 Warsaw, North Carolina 28398 VE `` ! Vp 9 �96 ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 211.0217 Sampson County File No. DD 96-22 Dear Mr. Faison: This letter transmits notice of a civil penalty assessed against Carrolls Foods, Inc. in the amount of $3,361.55 including $861.55 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 pursuant to N.C.G.S_ 143-215.6A(h). 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, Health, 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). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 M961 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper CERTIFIED MAIL RETURN RECEIPT REQUESTED February 20, 1998 Mr. Kerr T. Stevens, Regional Supervisor NCDENR 225 Green Street Suite 714 Fayetteville, NC 28301-5043 Re: Response to Notice of Violation Administrative Code 15ANCAC 2H.0217 Farm 2538 Facility No_ 82466 Dear Mr, Stevens: CARROLL'S FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 28398 RECEIVED FEB 2 3 1998 tIORED p� F Carroll's Foods regrets the accidental discharge of waste from a discharge pipe from a house which was emptying into the lagoon_ We have implemented the following policy with the farm managers: I. Should a discharge line become clogged, they are to report the problem prior to any attempted repair. Once repair has been authorized and upon completion of the repair, inspection of the pipe will be done to insure it has been installed to the original condition. 2. Inspection of all discharge lines to lagoons will occur on a routine basis by environmental technician. 3. Pumping of the lagoon will be done as the weather permits, and it is our desire to maintain the lagoon below the emergency storage level. However, during the period October 1997 - February 19, 1998 we have had over 28" of rainfall which surpasses our 25" temporary storage capacity of the lagoon. In addition we have had limited pumping windows due to wet soils and frequent rains. Emergency action has been implemented inside the houses to limit water use to very essential needs. Again, we regret this event occurred and will make every effort to prevent future occurrences. Sincerely, Fred Cumbo Environmental Technician FC:cs cc: Bob McLeod Dexter Edwards Gregg Schmidt DEC-03-1999 14:32 FROM DEM WATER QUALITY SECTION TO FRO P.15/15 P 35. Are there any Mitigating Circumstances?: NO 36. Assessment Factors. a. tC - Yisu ally Estimatcd at the1 1 ,- I a 1_I i 1 1waste1; gC condifit and the n. 1 theinitial investigatim b. Receiving Stream _ c. Damage Yes — No X (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission- t e!I"11 1�-�;yl I! T -.77 �1 -17 ail' 111r-.r,•Ii A Recommendations Madeto Owner/Operator-At the time of the initial in_vesti Wi Uf=cment • a!i Ur R " f _: t lot of Deemed Status 4Q Other Comments: a i tsiJCZ0=ft--j[7�IMF—Vf 1i■[Ijr[ 1I+![3[[i]S!C■J['T!.W'II!11441vtfill �I3l 1►` r - =1 instctfiaptkis-i=eraW1 : r 1 t have jakcn ,f 1!r' agiorn to ++ y. th"iind5fion 1 1- may r: . Q1 1 1 Il -_ ■ be poled 1 1 any fields did t . Z ; 1 1 .' cover crop- but 1 1! -=raxed to be 1 1 and waste wator awaready does 1 Ii 1 5■ . - 1 1J„ quicWy- liowe-ycL ho date i the initial igSpe=i-an which 1 seemsa i 1 7!: - 1 waste -is 11 a ■, - 1 1 - 1 f. a 1 11 \/ 1It was -1 • l,. 11 -[ f! that 11 1, 1 4 1 i 1 and 1■ bc fir= , so as to 1.ZeXentl a.1 - dischaMcL 10Tilhe dale IJ 1k wind m =• 1 (4112196)cme-of the 1 1 ditches has 1 '„cI -1 -+ 1 ; " 2hala but two Qtlu MauremainedintarL 1aa 1 1 which-containod rc9duAL&Mguwuf NLUe watCL TbuL it seems likely that if CaLLolls Foods I= addamn tbcac 1 . . TOTAL P.15 DEC-03-1999 14:32 FROM DEM WATER QUALITY SECT IDN TO FRO P.14e15 -4 +. What is the amountof money e+ by noncompliance?: Based 1m ab=afionrimad dWjAg -! 111 =ifl }f cost was sjoifiMilydmeased It. f1 eft / I• th -1 __ 1 t a l onoubwaste + it max but 1110nd for fewer 1 w inthe-baummad-thereforew.1 man hours iM Ir A 30L was the violation committed willfully or intentionally?: YES_ NOS Explain: Although it seem thAj the iitjpmgA;=ratora should have been mote careful in how much -and w ere the waste = bdag-whel it does not dime that they antended_for the w a to reach su fac_ a warms 31, What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority?: Regional files -cootamed im Q .y ous violations for this fazm 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.0U Mileage: $0.20 per mile for 160 miles: $ . 32.80 Fecal Coliform ($22-00 per sample) * 4: $ $8.00 COD Analysis ($24.75 per sample) * 4: $ 99.00 BODAnalysis ($33 00 per sample) * 4: S 132.00 Copies (Sampson County Court House) $ fl.50 Ed Buchan @$17-73thr 4 hours - Drive Time 3 hours - Investigation 8 hours - Report Development 15 hours IQW $ 265.95 Michael Wicker P.E. @ $25.93/hr 4 hours - Investigation and Review $ 103.72 Kerr T. Stevens (Supervisory Review) $ 33.58 Central Office Review $ 100.00 Total $ 861.55 33. Type or general nature of business: Swine_ Sow Uyeration 34 What is the violator's degree of cooperation or recalcitrance: Staff from Carrigh Foods- Inc. have been ym wwarati-ye, and have jaken sic Foods_ Inc. (Please see attachedlettenl. 1. DEC-03-1999 14:31 FROM DEM WATER DUALITY SECTION TO Samp1r, . Location (3 /26 /96) ***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FUR MORE INFORMA77014"s 2& What is the duration and gravity of the violation?: The ini FRO P. 13/15 7w, m IMIA' 41 IA9 -i P33WMidFrew7.4MI9113774,op.nL 1- T1 TEPA7 11203F.M,1911111ti71aIs of 1011000 . 1"9 FTMV, - t �W] Wir-AlItIs "tills In, IM11JR-TiTm r2m-1011i M-3 - I 11 I = fiT'.Jw4q4--i flit -4 BEC-03-1999 14:30 FROM DEM WATER.QURLITY SECTION TO FRO P.11/15 pment at th§1_rr-_r :t, ef), to tht sow& The c3act numbcrof w n1lop eF= at the ,r is unimom as it yadrad ra,r t y 1 ,M week 19 W=L 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. as r , f rt. t � I., r �• ir: � f� r � tl f q t , • t .! aly, - r r , t , r t a ($Jr. I rjr Ir >E , r •,4Sr 1 . tr r r , t• e n t r-. •1 � t � +.} , rti a r- a•;� r i t �• r 73, 4P • r r • 7t 1 -_•, e t • el- . a = . s7. r -r_, • 'r.1f;t a 17. Type of Waste Management System: Swint. =:kc% jA total confin=M ftce 9a t : t ,/ r sIpUcd } em gyer flUshingVArL WL,& s IWA Wase ' ' . t ftjm AM r • waste higoon7x7.-It fir' lagoon 1t7n •utf„', gf •, =1,•M t r :C.7 can 6c r n rjw, • �f d ago iDi u t r a _ ;., •fit _rfields yja-a.'traveUW 51M 1 . r. I& Description of other animal operations in immediate vicinity and proximity to same or other Surface waters: farm under investigatQni owever_ this tigift allnUes waste on different fields r k observed discharging from Farm # 37 at the time of thg inWect= of Farm # A 19. Proximity of facility to neighboring houses, wells, etc,: ISoresidQ4ces Ms knowatobe in d= grimy to the fam 2(l. Approximate depth of ground water table in the area of the facility or discharge: ?R? 21. Proximity of facility to surface waters: Fadbly (,edge of l&&=) is located r - DEC--03-1999 14:29 FROM DEM WATER QUALITY SECTION TO FRO P.1Hi15 Vk- 1_ Date of Inspection(s): MmdiALIM - 2. Regional Office: Fayetteville_ Water WWiW Section 3- Name of Owner Of Property: Carrolls Foods_ Inc (Coy of Deed attached) 4. Name of Operator-. Mz M L Faison 5. Address: P. o Box 856 Warsaw_ NC 28398 6. Phone Number_ (910) 592-0143 7_ Description of Facility Location, Map excerpt attached West side of SR 1914__aMUQAjmatCb QS mile from inlenection of SR 1914 and SR 1913_ 9. Date this facility began operation: T-be, pigysM on vdiick1he fam _is Jmatcd was jhs-fum-has been in full operati• r r •. 9. Date of last expansion: The a has = Mande-d smce Qdgin&l cmStructicm,based 10L Has the facility registered with DEM? YES NO_ If yes, date of registration -B to 11. Does the facility have an approved Animal Waste Management Plan YESIL NO_ Is one required? YES_ NOIL Date Approved: 4113/95_ I2. Has this facility received a CAFO Designation? YES_ NOX- If yes, date issued: 13. Type of Operation: Stine_ Saar Farm DEC-03-1999 14:29 FROM DEM WATER QUALITY SECTION TO FRO P.09/15 MI Based upon the above Findings of Fact and Conclusions of Law, l make the following: Accordingly, Carrolls Foods, Inc- is hereby assessed a civil penalty of: S S $ 861.55 for discharging waste to the waters of the State in violationof 15A NCAC2H.0217_ TOTAL CIVEL PENALTY, which is percent of the maximum penalty authorized by G.S.143- 215.6A. Enforcement costs $ TOTAL AMOUNT DUE As required by G.S.143 215.6A(c), in .determining the amount of the penalty I have considered the factors listed in G.S.143B 2821(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 A Preston Howard, Jr., P.E., Director Division of Environmental Management ' 4 JUN 7 1996 CEhTRAE T:;LES DEC-03-1999 14:29 FROM DEM WATER QUALITY SECTION TO FRO P.08/15 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONSOF LAW: A Carrolls 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 this animal waste management system is required in accordance with 15A NCAC2H _0217 and G.5.143-215. L C_ Turkey Creek constitutes waters of the State within the meaning of G.S.143-213.1 pursuant to G.S.143-212(6). D. The above -cited discharge is. a violation of the nondischarge permit. E Carrolls Foods,Inc. may be assessed civil penalties in this matter pursuant to G_S.143-215.6A(a)(2), which provides that a civil penalty of not more than ten' thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S.143-215.1. F. The State's enforcement costs in this matter may be assessed against Carrolls Foods, Inc. pursuant to G.S< 143-215.3(S)(9) and G_S.143B- 2821(b)($). G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S.143-215.6A(h), has the authority to assess civil penalties in this matter. DEC-03-1999 14:28 FROM DEM WATER QUALITY SECTION TO FRO P.07/15 STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF CARROLLS FOODS INC. CARROLLS FARM # 38 FOR VIOLATIONSOF PERMIT 15A NCAC2H .0217 File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.)143-215.6AJ, A Preston Howard,jr_, P.E., Director of the Division of Environmental Management (DEM), make the following: L FINDINGS OF FACT: A. Carrolls Foods,Inc. operates a concentrated animal operation in Sampson County. B. CarroM Farm # 38 was deemed permitted as a nondischarge facility on Decembe8, 1993, in accordance with 15A NCAC2H .0217. C. On March 26, 1996, DEM staff observed a discharge of wastewater by Carrolls Farm # 38 from the spray fields to Turkey Creek, which are Class C-SW waters of the State within the Cape Fear River Basin. D. Carrolls Farm # 38 had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled S861.55_ 0 DEC-03-1999 14:28 FROM DEM WATER QUAL 1 TY SECT I ON TO FRO P . 06i 15 Mr. Faison 4f8/96 Page 2 Failure to comply with these rules can result in creil/or criminal penalties or the facility may be required to apply for an individual nondischarge permit. For your information, one copy of the State regulations is enclosed. 'Ibis letter also serves to nouty you that this office is considering sending an recommendation for enforcement action to the Director of the Division of Environmental Management concerning this violation. If you have an explanation for this violation that you wish to present, please rcgmd in writing to me within 10 days following the receipt of this notice. Your explarrdtion will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. It is has been duly noted that you have contacted this office in writing on 411f% and clearly stated what measures you plan to take in order to prevent further discharges. Thus, it is requested that you forward to this office, at the address on the bottom of the previous page, on or before May 3, 1996 a written statement indicating what measures have been fully implemented. It is recommended that you contact this office upon receipt of this letter if you have any questions. Please do not hesitate to contact either Mr. Ed Buchan, Environmental Engineer, or Michael Wicker Water Quality Regional Supervisor, at (910) 486-1541. Sincerely, � I �- Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group Chris Walling, DSWC-FRO Ed Buchan, DEM FRO DEC--03-1999 14.27 FROM DEM WATER [DUALITY SECTION TO FRO P.05/15 State of North Carolina Department of Environment, Fledf.. and Natural Resources Fayetffeviiie Regionai Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT April 8. 1996 Mr. F.J. Faison, Jr. Carrolls Foods, Inc. P.O. Box 956 Warsaw, NC 28398 Subject: NOTICE OF VIOLATION Failure to Follow or Implement Waste Management Carrolls 38 Swine Farm (Reg.# 82-466) Summerhill Road Sampson County Dear Mr. Faison: This letter transmits a Notice of violation for failing to follow or implement your waste management plan. This is a violation of Title 13A of the Nortb Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). An insp=on of your swine farm. was canducW by Regional DEM staff on March 26, 1996 and it revealed an umpermitted discharge of saimal wane to the waters of Turkey Creek. These waters are considered waters of the State and are classified as class C-SW waters. During the above inspection, regional staft observed that irrigation equipment had been positioned in such a manner that waste was being sprayed directly into a field ditch and waste was also running off the application field. This field ditch was visually traced by DEM staff and it was confirmed that the ditch allowed significant amounts of waste to be discharged into the waters of Turkey Creek. In addition, another nearby spray field was also noted W be severely paraded and waste was observed leaving the field. This is in clear violation of your plan ply l also certify that the waste will be applied on the land according to the appropiate times and at rates that no runoff occurs" 0 c it �RA� WM'KWk3 Suite 714, Faye"WIlle FAX 91 N �Carrollna 28301-SO43 NOC M Ewa OpporluNty AfNr�ction Employer voice 910-480-15d 1 5D% recycled/ 10% post-conwn-ter paper DEC-03-19% 14:27 FROM DEM WATER QUALITY SECTION TO FRO P.04115 Mr. Faison Page 2 If you have not already done so, please submit documentation as to what steps have been taken to ensure the noted violations will not reoccur. At the same time you must make arrangements with the Fayetteville Regional Office to schedule a site visit by our staff which will confirm adherence with the terms of the animal waste management plan Please submit this information to: Division of Environmental Management Water Quality Section -Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 If there are additional violations or discharges to the surface waters, a civil penalty of up to $10,000 may be assessed and you may he required to apply for an individual nondiscbarge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual nondischarge permit. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your. facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker P.E., Water Quality Regional Supervisor for our Fayetteville Region at (910) 486-1541 ar Mr. Shannon Lang] ey at (919)733-5083. ext_ 581. Sincerely, A. Preston Howard. Jr_, P_E_ Attachments cc: Kerr T. Stevens Wilson Spencer - Sampson County Soil and Water Conservation District Chris Walling - Regional Coordinator, NC DSWC Dianne Wilburn - Facility Compliance Group DEC-03-1999 14-27 FROM DEM WATER,[LALITY SECTION TO State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office Jones B. Hunt, Jr., Govemor Jonathan B. Howes. Secretary 1114:411 till . ► ` gap "- � W! Mr. M.J. Faison Carrolis Farm # 38 P.O. Box 8S6 Warsaw, NC 28399 Subject_ Notice of Violation Notice of Intent to Revolve Deemed Permit Carrolls Farm # 38 Reg # 82-466 Sampson County Dear Mr. Faison: &F WA A 14 7,tA a a Waiiiiiiiiiiii� Ad 1DEHNR You are hereby notified that, having been deemed permitted to have a nondischarge 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. The violation was documented during a site nisi discharge of animal waste from the application to the waters of Turkey Creek on March 23, 1996_ During the visit, a fields was observed The discharge was traced In accordance with the requirements of NCAC 2H .0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed. 1. Immediately eliminate the discharge of wastewater or correct the violations, 2 Make any modifications needed to ensure there will he no future discharges or violations and the facility will be in full compliance with its certified animal waste management plan. Failure to comply with the above conditions will result in permit revocation and therefo e existing animal waste management system serving your animal operation will bemire without a ermit as re aired b North Carolina General Statute 1432215. q� P q y- K� , Wacriovia Building,suire 714, Fayettevine NOC �FAX 91 Q� fib`North Caron+-�a 2$301-5043 An Equal oppohY AftTKW Action EmplOyer voice 9 ;&4wi d1 5CM recycled/lft post-carsrrrier papr DEC-03-19% 14:26 FROM DEM WATER QUALITY SECTION TO FRO P.02i15 DIVISION OF ENVIRONMENTAL MANAGEMM T Fayetteville Regional Office Water Quality Section DATE : June 3, 1996 TO : Steve Tedder, Section Chief Water Quality Section S FROM : Kerr T. Stevens, Regional Supervisor Fayetteville Regional Office SUBJECT : Recommendation for Enforcement Unpermitted Discharge of Swine Waste Carrolls Farm 4 38 Summerhill Road 4(ftq Sampson County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. Also attached is a letter for the Director's signature recommending revocation of the "Deemed Permitted" status for the facility. The notice requires submission of a net of steps that, when implemented, will help in the prevention of future discharges. If additional information or clarification is required please advise. ES Attachment DEC-03-1999 14:26 FROM s DEM WATER QUALITY SECTION TO FRO P.O1i15 DEPARTMENT OF ENVIRONMENT & NATLMAL RESOURCES DrVIS O1r OF WATER QUALri-Y P.O. BOX 29539 RALEIGH, NC 27636-0535 FAX: 733-2496 PHON,E: 733-7015 TELFCOPY TO: _ ral-t I M, N7-1IBER: FROM; t PH0-NE: NO. OF PAGES DtiCLLDLIG THIS SHEET: COMMENTS. . Mr. Kerr T. Stevens Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: CARROLL'S FOODS, INC. P_ O. Drawer 856 WARSAW, NORTH CAROLINA 28398 May 3, 1996 L MAY 6 05 ENV. F iANAGEME:_N T FAYETTEVIL LE REG. OFFICE Re: Letter dated April 8, 1996 The following actions have been implemented at Farrar 3 8 : -Small surface drain has been eliminated by land forming. -Land application operators have received refresher training in application operating procedures. -Irrigation equipment has been assigned to the complex on a full time basis to allow operators greater flexibility in making applications. -A soil aerator was purchased (delivered May 1, 1996) for use on spray fields to reduce soil compaction and potential for runoff. -Water conservation measures on the farm have been reviewed to minimize the amount of waste water to be applied. This is an effort to reduce the number of application events, thus allowing application to take place under the most ideal conditions. In addition to the immediate corrective actions indicated above, we have ordered equipment and scheduled installation of nipple waters on the farm to determine if we can further reduce the volume of waste water_ Also we are currently investigating alternative irrigation designs to determine if more flexibility can be incorporated into application procedures. We are fully committed to .0200 compliance and regret this incident. We have had a long standing commitment to environmentally sound waste management. We respectfully request a remission regarding this inspection. Page 2 Kerr T. Stevens May 3, 1996 As always we are receptive to your suggestions or questions. S HF/sj W 1 —Diz:r [ r- LfiRGri _s s �_�r- ni.�rti ter n! i! s i T -r .� nn�r� ws..,;-_ Z_; [ _ +1 V{ 4' UME-' _--------- --------------------------------------------------- 6 . C► 7 DEPTH C L:: W + L `% W+ 4 X L ;% A I ------------------------------------------------ r �7 1 . C1 C ST-[► ';: X 478 I< + 4 :% 514 X ;04 7 VOLUME=--------- -------------------------------------------------- 6..0 27 12.0 C 9401281 VOLUME =----------------- 6.0 27 071 89-r,-r3 s �K►.=:56 . C► GU . FT. VOLUME =--------- 27.0 OLUME = 69 39.1 CU.YDS. 197824.0 sq.ft. /991 "zs ,:;r7 T876' 28.3 cu. ft. needed SIDE -SLOPES 3: 1 AF,.'PRCQX'_lMATF N-1 ;'ROGEN C=FPiTENT T H A 7 W.LL EDE PRC—CoLi'CED rYEAR NIit -,' SEN (N) — Q. 4:3 LES PER L25 (DF ANIPIAL WT. X =65 DAYS (N) - 0 .4:_ 14; 7000 x 10010 10 (N) - 248258.4 LnS IT IS ESTIMATED THAT APPROXIMATELY 25 % OF THE NITROGEN WILE.. BE AVAILABLE FOR USE AS FERTILIZER THE FOLLOWING AMOUNT CAN BE APPLIED ON THE LAND 62064.6 LBS . IF APPLIED AT THE RATE OF 200 LDS PER ACRE ON CROPLAND THEN 31O-SZ3 ACHES WILL DE NEEDED TO TAF;E CARE OF THE EFFLUENT. ✓ IF APPLIED AT THE RATE OF 400 LES PER ACRE ON PASTURELAND ✓ 155.1615 ACRES WILL BE NEEDED TO TAF-:E CARE OF THE EFFLUENT. BEFORE ANY EFFLUENT IS APPLIED TO THE LAND IT SHOULD BE -ANALYZED TO DETERMINE THE EXACT NUTRIENT CONTENT. THE NCDA LABORATORY IN RALEIGH IS MAKING SOME TEST ON A LIMITED STASIS. YOU SHOULD CONTACT AGRONOMIC SERVICES DIVISION NCDA, BLUE RIDGE ROAD CENTER RALEIGH N.C. 27611 PHONE: 919-733-2655 WHEN APPLYING THE EFFLUENT TO CROPLAND IT SHOULD BE DISK AND A COVER CROP SEEDED OR A ROW CROP PLANTED TO PREVENT EROSION SOME OF THE EFFLUENT COULD BE USED FOR IRRIGATION PURPOSES DURING -THE GROWING SEASON. BEGI-N PUMPING THE EFFLUENT WHEN THE FLUID LEVEL REACHES DO NOT I-OWER THE FLUID ANY LOWER THAN THE INVERT OF OUTLET PIPE ------------------------------ !f ")i( FEET BELOW OUTLET PIPE --------------------__--_-- S��c.[ 4-,o C2'p c�1N,cr�c'�• ,c % �� o-c,. T cc,s r3u" Af'i°LIl1/� Carroll's Foods, Inc. #36 Hwy, 24 Wes t Warsaw, NC 28398 CAPACITY OF LAGOON ESTIMATED EXCAVATION ESTIMATE FOR DIKE 69,639 CU. YDS. 40,422 CU. YDS. y�Ss l 20,426 CU. YDS. INSIDE TOP DIMENSIONS 562 FT. X 352 FT. SEEDIr��. S-�P_C:IF ICAT_ONS AREA T� + DE SEEDED A PLY THE LL 0W iN W USE THE SEED MIXTURE INDICATED AC. 1000 LE.S . E:-S = FE R;T I L I?ER 4 TONS DOLOMITIC: LIMESTONE 0 BALES SMALL Gr:AIN STRAW 0 LES. FESCUE GRASS 0 LES. OATS 100 LES. SAHIA GRASS 0 LES. WEEPING LOVE GRASS 0 LES. HULLED BERMUDA GRASS G LDS, UNHULLED BERMUDA GRASS DIVERT ALL WATER TO A STABLE OUTLET THE NEAREST RESIDENCE IS Z000 FT. T.B.M. ELEVATION 50 DESCRIPTION NaiI in Gum tree next to base 1ine C+SO marked with ribbon. EARTHWORK COMPUTATION SHEET EXCAVATION NAIME: Carr-,, I I ' s Foods, #-mac. ADDRESS: Warsaw SIC- ------------------------------------- : STA _ ; END !SUM � �F ; D I S .: DOUBLE ; : AREA :E_AREA VOLUMN ------------------------------------- 1' 01. , ------ -- '----------' ; ----:------: 3056.: Z ; 79456. Z: Z6; 3056;-------: ---^— i-----------' , ---- ;------: 6047: 64; 3870GL: 3; 90: 2991:------- ;----;----------- ----:------: 5656: 1001 5656001 4; 1901 2665:------- ;---- , -- ---------- ;---- :------ : 4759: 1001 475900: 5: 290: 2094:------- ;---- :---------- ----;------; 37641 1001 376400: 6: 390: 1670:------- ,----;----------' 2765: 100, Z76500: 7: 490: 1095;------- --------- :---- :------ : 1095: 2U: 21900: $: 510; 0;------- :____:----------' :---- :------ : 0;-510; 0: , 0' 0' 0, 10; O: 0:------- :---- :---------- : -' a' o' 0' __-_ , 0` O' 01 --------' o, 0, 0, ,_ O, 0, 01 1 _ - - t O` ------- '----', ----------' 15; O= O.'� 011 0, 0' ,---- ,_ 0' 0' 0= ,--- , O: O; 0' `------, 01. , , - ----;------: 0; 0; 0: `___ ---------- ---------- ,TOTAL : 218'-7764: --- ------------------------------- DOUBLE VOL /4 = 109 1 = = Z CU. Vi +LUME OF E;:C-AVAT I i iN = 404 1 . F. C:U . YDS . C!=IMPLiTED BY G I enn C I i fton DATE 04-1 �— EARTHWORK COMPUTATION SHEET EMBANKMENT NAME: Carro I ; Is Foods #C 8 RESS: Warsaw NC: ------------------------------------- :STA.: END :SUM OF :DIS..: DOUBLE ; ; ------------------------------------- AREA ;E.AREA : : VOLUMN : is O: 01------:----:----------; 1 —'— ' 1 5: 251 3 75 ; 21 251 15:------- 1---- 1---------- : :---- :------ : 781 75: 5850: 3: 1001 6:3:------- :---- :---------- ; 1-rr_:------ : 198: 100: 198001 41 200: 135:------- 1---- :---------- : :---- :------ 1 366: 1601 58560: 5: 3601 2311------- :----:---------- 1 ----1------ 1 552: 70; 407401, 6: 430: 351:-------1---- :---------- 1 :_----;------ : 846: 90: 76140: 7: 520; 495:------- :---- ;---------- ; 1---- 1------ ; 1158: 90: 104220: 81 610; 663:------- :---- :---------- ; ;---- :------ : 13701 100: 137000; 9: 710: 707:------- :---- 1----------- : :---- :------ ; 13701 90: 123300: 1 1 ! 3 1 1 1— 1 ------: 1158: 1001 1158001 11: 900: 495;------- :--_-:---------- ------ : 846: 150: IZ6900: 12:1050: 351:------- ;---- ;---------- : -----1------ : 582; 80: 46560: 13:1130: 231;------- :---- :---------- : :----:------ : .366: 1001 366001 1 9 4/ 1 ��� r / r — !----I — — a1 1351 _��.—__ 1 _— —....__—...--- — 1 1 -_--�------ ;`486: 40: 19440: 1511270: 3511------- 1---- :---------- 1 ------ 511; 90; 45990: 1611360: 160;-------:---- 1---------- : :---- :------ : 2871 1001 23700: 1711460: 127:------- :----;------------; 1----:------: 1561 100: 15600:. is;1560: a,9:------- :---- ;---------- : :---- :------ : 291 40: 1160; 19:1600: 0;------- :----:---------- : : ----:------: 0: **** 1 0; !, LO: 0: Cr:------- ;___—:---------- : 1— r _ 1 1 1 k— 1 TOTAL : 1002735: DOUBLE VOL /'2 = VOLUME OF EMBANF :MEIN T = PLUS 10:: SETTLEMENT = TOTAL = COMPUTED BY Glenn Clifton -------------------- 5011367.5 CU . F T . 1 :56, 5, . Z CU . YDS . 1:_:516 . •.P 2 042r.. 1 CU . YDS . DATE 04-14- _:_< lJ S. DEPARTMENT OF AGRICULTURE Soil Conservation` Service LOCATION CODE :2 NC-ENG- 4 0 5/83 PLAN OF EXCAVATED WASTE STORAGE LAGOON NAME C4IPR ZY F FQoDS _j--,Vc. # 3 8 ACP 0 DATE A -i3- 8 8 DISTRICT 54 ^v dro j I tENGTN 5 42L, 1 SIDE SLOPE _TO 1 �/Z!3 AYE. TOP EiEY.._TMED SECTION---����s 1 / 1 1 1 —��^ d 1 j ! o /�- ,,'[�• �7 8 AvE. BOTTOM ELEY. i lam' ! i - ENGTH 47d' Volume depth [(area of top} + (area of bottom) + {4 x area midsection] =�BBC,ZS3 Cu.Ft. 6 Use of facility Asr-E T;p,-ar•wa,�vr L4C0c, 1 Capacity /4 �. Gallons Volume Cost -sharing -- Cu. Ft. Soil type W A 3-7Q B B. M. description N&%L I!1 &J+-& -Mae Lot^ -rep NExT o' BA►5ELlk4r, C-+Sc MAPLV.aD ITM R ess" 1�9SuehED Elev. "jo.00 SUMMARY • Bottom Elev. 27.o Normal liquid level Elev. 39.0 Storage for normal precip.(Ft) + Maximum liquid level Elev. Storage for: 25 yr. freq. precip. (Ft.) + 1.0 Crest ESW Elev. Stage (Ft.) + Freeboard (Ft.) + 1.0 Top of Dam Elev. .41-1. o 'TYPICAL VIEW OF A ONE -STAGE LAGOON SYSTEM Confinement Building Soo Width 12 Settled Top Elevation 41.0 Fluid Elevation , 39.0 Pit ii SS- �� SS 3 ! ss .3 / TREATMENT U 1AGOON " pipe (needs to be adequately Depth = IZ' supported) Bottom Elevation 210 . urCrt/1 I i! 4V puvij rim 11.4 1 c_v4mivk..G rL_twi «, This lagoon is designed for waste treatment with minimum odor contr o 1. The time requi red for the planned fluid level to be reached may vary due to so i I tend i t i ons, flushing operations, and - the amount of fresh water added to the system. Land application of waste water- is recogni--ed as an acceptable method of disposal. Methods of application include honey wa3�,n s (sprayer or injection) and irrigation (center pivot, guns, or. travelers). Care needs to be taken when applying waste to prevent damage to crops or runoff from the field. The fol lowin3 items are to be carried out: 1. Begin pump -Cut of the lagoon when fluid level reaches invert of outlet pipes. S 2. Step pump -out before fluid depth is Iess than feet deep (this prevents the loss of favcrable bacteria). . The recommended maximum amount to apply per irrigatior, is one inch, and maximum recommended application rate is 0.4 inch per - hour . 4. It is strongly recommended that the treatment Ia.aoon be precharged to 1/2 its capacity to prevent excessive odors during startup. Prechargin3 reduces the concentration of the initial waste entering the lagoon thereby reducing odors. Solids should be covered with effluent at all times. . Keep vegetation on the embankment and areas adjacent to the lagoon mowed. 6. Repair any eroded areas and establish in vegetation. 7. The Clean Water Act of 1977 prohibits the d i schar3e ,f .pollutants into waters of the United States. The Department of Natural F:esources and Community Development (DNRC:D) , Wastewater Mangernent Section, has the responsibility for enforcing this law. 8. AI I surface runoff is to be diver-ted from the Ia.3oon to adequate outlets. NOTE: An analysis of the waste .rater- can be obtained at commercial laboratories or at a fee of S3.00 per sample at: N.C. Department of Agriculture Plant Analysis Late A3'r-onomic Division Blue Ridge Road Center - Raleigh, N.C. 27611 Phone . 91'!-72'655 G.. 33.7 35.335.3 36.2- 3).3 43.0 27.0 17 195 Sao �3aof�aa 51 /S rv�4a 77-410 /D 590 11190 3057 1�Zoo I BS(o4 12.5&0 r t Eg M OW- '55944 8 �- 71 rozo 7773 j 33.2 34,4 4o.o 4z.5 2--7.o 1-7.0 34.5 . 14-2 Z n d 3av goe 48a ° 3`I r1�L l 4L t „v g "E " 32.o 3 1. I 15 D n'a 1_sNC- "r 01 31677 -5.2 fo. ;Z7. D 32,0 3no g+oo 47 434 16G Sd 30•2 '2 35.1 P.0 3f�. --7 �`7 '�2).1- �� 5 a� 3 av ctoo 4b5 ¢.34- / (aG c s LFri rz- G 3a .0 30.0 33 55 z 36 --Z' �7 3 a 300 o 43� r�ra (oL,C-P-) LUE: C 1 Z 3 4 5 6 7 8 9 -----------`-----------------------------------k 1----_---1 :'-------j 33.7: 35.3; 36.2: 3:Y.3: 43.0; 27.0: Z7.0: 33.7: 0.0: 0.0: 1: 510; 1: 6740: --------------------; 2: 7240: Z: 10-s90: 145.0: 200.0: 300.0: 400.011 480.0: 434.0: 166.01 145.0: 0.0: 0.01, 3: 11790: 3: 14480: ------------------------------------------------------------------------------------------: 4: 17Z00; 4; 18364: 5: 1Z960: 5: IF662: C 11718: 6: 4482; 7: 5594: 7: 3915: , , , 8, 4; 9: 0: 9: 0: : 71621: 7T733: _11 , 3056: WE; D ---------- 1 2 3 4 5 6 7 8 9 -_----------------------------------- ---------' ' '--------1 ,- , : 34.51 33.2: 36.4: 40.0: 42.5: Z7.0: 27:0: 34.5: 0.0: 0.0: 1: 4714: 1; 6900: ------------------------------------------------------------------------------------------: 2: 7Z80; Z: 9960: : 142.0; 200.0: 300.0; 400.0f 480.0: 434.0; 166.0; 142.0; 0.0: 0.0: 3: I= : 31' 14560'. ------------------------------------------------------------- ----------------------------- : 4: 1T000: 4: 19200: 5: 129601 5: 18445: 6: 11718: 6: 4482: T: 5T27; 7: 3834, 8: 0: 8: 0: 9: 0: 9: 0: ---------' -------- : 71399: : 77381: LIIE: E --------- 1 2 3 4 5 6 7 8 9 : 32.0: 31.1: 36.7, 39.2: 40.8; 27.0: 27.0: 32.0: 0.0: 0.0; 1: 4665: 1: 6400: ------------------------------------------------------------------------------------------: Z: T340: 2: 9330: : It-0.0; Z00.0: 300.0: 4C*.0+ 475.0: 434.01 166.0: 150.0: 0.0: 0.01, 3: 11760: 3: 14-SO : ------------------------------------------------------------------------------------------: 4: 16320: 4: 19620: 5: 1Z825; 5: 17707; 6: 11718: 6: 4482: 7: 5312; 7: 4050: 8: 0: 8: 0: 9: 0: 9; 0: : 69940: : 75 69; 1LIXE: F 1 ` P* 3 4 5 E 7 8 9 -------------------------------------------------------------------------------- 30 Z: 30.0: 3:.11 37.0: 38.0E 27.01 27.0: 30.c1 0.01, 0.0: ------------------------------------------------------------------------------------------1 15 .0: 200.0: 300.0: 400.01 465.0: 434.0: 166.0: 155.0: 0.01 0.01 ------------ ------------------------------------------------------------------------------ : LINE: 6 1 2 3 4 5 6 7 8 9 ------------------------------------------------------------------------------------ -----1 30.0: 30.0: 33.0: 3521 36.0: 27.01 27.01 30.0; 0.01, 0:01 ----=-------- ----- ------------------- ------------------------------ ---------------------- : 160.0: 200.0: 300.0: 400.01 460.01 434.01 166.0: 160.0, 0.01, 0.01 ------------------------------------------------------------------------------------------: LINE: H 1 2 3 4 5 6 7 8 9 ------------------------------------------------------------------------------------------: 1 28.0: 28.41 30.9: 33.1: 34'.01 27.01 27.0; 29.0; 0.0: 0.0: ------------------------------------------------------------------------------------------: 1 16r..01 200.0: 300.0: 400.01 455.0: 434.0: 166.01 162.01 0. 0: 0.01, ------------------------------------------------------------------------------------------1 1' 4650; , 1 1' 00401 ' 21 70201 is 9(00: 3: 11100: 3: 14040' 4; 15M 4j' 17205: 511m1 51. 16492: 61 1IT18: 61 448Z, 7: 5013: 7: 4185: 8: 0: 8: 4: 9: 0: 91 0: : 67Z956: : 71444: 2094: 1 -1 1 ----- ' 11 4800'. 11 6000: 2, 66W: 2, 9000: 3: 10560'. 3: 13200: 4: 14400: 4: 1619Z1 51 12420: 5: 15624: 61 117181 '61 44821 7: 4980: 71 437-0: 81 01 8: 0: 9: 01 9: 01 1 65472! , 6BO181 1 1670: 11 46011 11 5600: 2: 6180, 2: 85ro: 31 W30: 3: 12360: 4: 13600: 4: 15061: 51 IMF 1. 5: 147561 6: 11718: 6: 448Z: 71 4648: 7: 43741 81 01 81 0: 9: 01 9: 0: 1 2,962-: 65i53: ! a r Type of Visit Q Compliance Inspection Q Operation Review Q Lagoon Evaluation r Reason for Visit ® Routine O Complaint Q Follow up Q Emergency Notification Q Other ❑ Denied Access Facility Number 82 � 466 Date of Visit: 09-1Crzl1KF3 Time: 3:15 I 0 Not O erational 013ellowThresholld ® Permitted ®Certified E3 Conditionally Certified D Registered Date Last Operated or Above Threshold: farm dame: 253.7.a[ld. S38 ............................. County:atililson - ---------. ER0...-----• ......................................... Owner Name: -------------------------- Carr�a�skestdsJac--------------- Phone No: 91Q�933433------------------------------ IllailingAddress:.�9X�.Zs9...............•......................................................................--.... Rou.M.AC.................................................... ..-. 2,845.8 .............. Facility Contact: .................................._....-.- Title: Phone No: ...................................... ---------------......---........................... Onsite Representative:Integrator: ��ir9a1' F_QDt1&I1lC-----------------------• Certified Operator: Jawgs..Blake........................ M9.0 e..........................................-.... Operator Certification Number: x4t� S........... Location of Farm: 3n the east side of SR 1913 approx..8 miles north of its intersection with Hwy 24. ; ® Swine ❑ Poultry ❑ Cattle ❑ Horse latitude 35 'F-o-o-J, Longitude 1 78 • 13 21 u Design Ct Swine CaPacitvPO ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ® Farrow to Finish 2000 ❑ Gilts El Soars Number of'Lagoo.ns 3 - ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste iti7anabement System Holding_i on -/ Solid Traps Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance than -made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water ofthe `fate'? (Ifycs, notify DWQ) El Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min•? d. Does discharge bypass a lagoon system? (If yes. notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation"? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'? ❑ Yes ® No '*Vaste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure I Structure 2 Structure j Structure 4 Structure 5 Structure 6 Identifier: I ............ z ............ . ............................................................................... ........................... Freeboard (inches):....--._.._52............ ............ 53........... ._..--•- -• -• - OS/01/01 C antinued Facility Number: 82-466 Date of Inspection O 16- 000-3 5_ Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑Yes ❑ No seepage, etc-) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? El Yes [I No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes []No 8. Does any part of the waste management system other than waste structures require maintenancefimprovemrnt? [] Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? j] Yes ❑ No Wasie Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No I I . Is there evidence ofov�:r application? ® Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type Coastal Bermuda (Graze) 13, Do the receiving crops ditfer with those designated in the Certified Animal Waste Management Plan (CAWMP)'? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No a 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. 1s facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21 _ Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. fail to notify regional DWQ of emergency situations as required by General Permit'? (ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certi Pied AWMP? ❑ Yes ❑ No r No violations or deficiencies ►+ere noted di-^ng this visit. Von will receive no further correspondence about this visit. if mments.`(refer to�giiestion #) ' Explain any: ES answers and/or any recomineudations or any other comments r Ilse drawings offacihty'to:better,expiatn situations (usefaddtbonal pages as.necessary) ° ®Field Cop Final Notes -�. �.. y Cl �, r Farm site visited as the result of observations made of an application event during an aerial flight. One corner of a pasture had standing water and waste accumulated in it while the spray gun continued to apply in that area of the field. Ground investigation confirmed the bservations made. DWQ staff spoke with farm representative Blake Moore who stated his staff would clean the area up using a mud pump and put the waste back out onto a dry receptive area of the field. Reviewer/ins ectorName ,; I Stiermau; P Larry 13axley �P.2 Reviewer/inspector Signature: Date: Michael F. Easley, Governor Williarn G. Ross Jr.. Secretary North Carolina Department of Envirmrnent and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Culeen 1 [. Sullins. Deputy Director Division of Water Quality September 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dave Nordin P.O. Box 487 Warsaw, NC 28398 Subject: NOTICE OF VIOLATION Farm #2537 & Farm 42538 Facility No. 82- 466 Sampson County Dear Mr. Nordin: 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 September 16, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality were conducting an aerial flight and observed an irrigation event at the above named facility. The application equipment appeared to be applying wastewater onto ponded areas in the field. The subsequent follow-up visit revealed the presence of standing wastewater in the far corner of a coastal bermuda cow pasture near the wood line. The accumulation of standing water and waste water covered approximately one quarter acre. The Division of Water Quality requests that the following items be addressed: 1. Avoid overapplication of waste either agronotiiicall;; or hydraulically. 2_ inspect spray fields before and during irrigation to prevent application of waste onto standing water and excessive ponding. Special emphasis should be placed on low lying sections of fields where waste water may collect. Modify application equipment or spray procedures to prevent the spraying of wastewater onto areas of standing water. iA WD€ram N. C. Division of Water Quality 225 Green Street -suite 714 Fayetteville, North Carolina 2R301 (910) 486-1541 Far (910) 486-0707 Customer Service t-877-023-6748 Mr. Dave Nordin 9-18-03 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 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 this office with a written response on or before October 3, 2003 as to the actions taken or proposed to be taken to avoid this situation in the future. if you have any questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, r f Paul E. Rawls Regional Water Quality Supervisor LCB:PR/lcb cc: Keith Larick - Compliance Group Sam Warren - Sampson Co_ NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh ���ar fiICDE N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (910) 486-1541 Fax (910) 486-0707 Customer Service l-ii77-623-6748 Murphy Brown. Kenansville Division October 7, 2003 Mr. Paul Rawls NCDENER - Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301 RE: Farm 2537 -- 2538 Facility #82 - 466 NOV Dear Mr. Rawls: 785 Hwy. 24150 Warsaw, NC 28398 +ACT 82003 In response to your letter of September 18,2003, following are our planned or completed actions and information for the items noted: 1) We irrigated using a hard hose traveler September 1 e on pull 19C from 7:00 AM to 10:00 AM. We applied 0.42 inches per acre and ended with an approximate nitrogen balance of 43 Ibs on the coastal Bermuda. We were compliant with hydraulic and agronomic loading limits. A narrow loafing area created by cattle (cattle were in the pasture at the time of the event) held the water that the inspectors noted at approximately 3:15 PM. A company representative went to the site immediately upon notification, to meet with the inspectors. Upon his arrival, he was informed that the inspectors had left a few minutes before. 2) The land tech was on site and determined the field was sufficiently dry for an irrigation event. There has been and will be on going training for employees to correctly inspect spray fields and apply wastewater. Appropriate disciplinary action will be taken on employees that do not follow regulatory and company rules and procedures. 3) Personnel are trained to modify equipment or procedures to prevent the spraying of wastewater onto areas of standing water. Again, this is part of our on going training. 4) The small amount of water in question was pumped to a dry receptive area by company personnel. The area in question was considerably smaller than one quarter acre. 5) Field improvement is planned to remediate the loafing area. This will include sub soiling, adding top soil and leveling the area. 6) Please note the field report does not state the time of the fly over in relation to the irrigation event and what the inspectors would have seen. Thank you for your consideration. I may be reached at 910-296-3731. Sincerely, D v i d N d' and and Nutrient Management Murphy Brown LLC Kenansville Division Cc: Kraig Westerbeek Mike Miller 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 Coleen A. Sullins, Deputy Director Division of Water Quality September 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dave Nordin P.O. Box 487 Warsaw, NC 28398 Subject: NOTICE OF VIOLATION Farm 42537 & Farm #2538 Facility No. 82- 466 Sampson County Dear Mr. Nordin: 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 September 16, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality were conducting an aerial flight and observed an irrigation event at the above named facility. The application equipment appeared to be applying wastewater onto ponded areas in the field. The subsequent follow-up visit revealed the presence of standing wastewater in the far corner of a coastal bermuda cow pasture near the wood line. The accumulation of standing water and waste water covered approximately one quarter acre. The Division of Water Quality requests that the following items be addressed: Avoid overapplication of waste either agronomically or hydraulically. 2. Inspect spray fields before and during irrigation to prevent application of waste onto standing water and excessive ponding. Special emphasis should be placed on low lying sections of fields where waste water may collect. Modify application equipment or spray procedures to prevent the spraying of wastewater onto areas of standing water, AVA - NCt)ENR N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (910)486-1 ?41 Fax (910)48"707 Customer Service 1-877-623-6748 Mr. Dave Nordin 9-18-03 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 violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000A0 per day per violation. Please provide this office with a written response on or before October 3, 2003 as to the actions taken or proposed to be taken to avoid this situation in the future. if you have any questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor LCB:PRIIcb cc: Keith Larick - CompIiance Group Sam Warren - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh N. C. Division of water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (910) 486-1 i41 Fax (910) 486-0707 NCDENR Customer Service i-A77-623-6748 of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 82 4hh hate of VWI: 09-16 Z003 Time: 3:]5 erational 0 Below Threshold ® Permitted ® Certified 13 Conditionally Certified [3 Registered Date last Operated or Above Threshold: Farm Name: County: SamAso& - ---- ----._.._. ER0--•--•--- Owner Name: - - - - - - --- - - --- - CarJQII_sdFotads�nc - - - - - - - Phone`o: 41QZ933 33----- --- - - - --- - --- -- MailingAddress: [ .%o+r1............................................................................................ Rose.klilA.AC.-.............................................. ........ Z8.45A .............. Facility Contact: ....................................... ............•l'itle: Phone No: :......... Onsite Representative:---------------------------_-------------------____-• Integrator: Caron'iEwdS�lil�_.--------------------• Certified Operator: sR fA7ftS. �I�kt"....................... Mj).QKg ............................................... Operator Certification Number: 2.6 1;5....................... _... Location of Farm: Dn the east side of SR 1913 approx..8 miles north of its intersection with Hwy 24. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 00 02 ti Longitude 78 ` 'Design Current Design :;,:Current Design.... Current' `- Swine Capacity. -Population.., Poultry Capacity "Population Cattle Capacil'opulatt oq. ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ® Farrow to Finish 2000 ❑ Gilts ❑ Boars Number of.Lagoons j. ❑Subsurface Drains Present ❑Lagoon Area ❑ Spray Field Area Holding Ponds /.Solid Trap;( ❑ No Liquid Waste Management System Discharges & Stream lnr acts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. ]fdischarge is observed, was the conveyance than -made'? ❑ Yes ❑ No b. If discharge is observed, did it reach Grater of the Stat.? (If yes, nolitir DWQ) El Yes ❑ No c. if discharge is observed. wbat is the estimated floe' in gal/min? d. Does discharge bypass a lagoon system'? ( If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part ofthe operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'? ❑ Yes ® No \Waste Collection & 'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No structure I Structure ? Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ......................................................... ........................... l,reeboard (inches): ._.._. �2............. ....� .._- 0-5/03M t Continued Facility Number: 82-466 Date of Inspection 09-116-2003 1 5. Are there any immediate threats to the integrity ofany of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? {[rany of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement'? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste ApnGcation 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application'? ® Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12_ Crop type Coastal Bermuda (Graze) t 3. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application'? b) [dyes the facility need a wettable acre determination? c) This facility is pended far a wettable acre determination? 15_ Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a Follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to;questian #) .Explarri any YES answgrs and/or°any recammendatious os, any other commeQts.'-. Use drawings of facilityL to better e�tplarn situahvus (irse addrttonal,pages as necessary) ��` -�i�C Copy ❑ Final Notes r-.R ...YT H' 3,®Field N1;�.� Slx fa µ ,r k.,. 1 r' T]'a 4�?f. Ff $'q C f...". v � .t2-- -i. ,, .f.t� - '•T' Farm site visited as the result of observations made of an application event during an aerial flight. One corner of a pasture had standing water and waste accumulated in it while the spray gun continued to apply in that area of the field. Ground investigation confirmed the bservations made. DWQ staff spoke with farm representative Blake Moore who stated his staff would clean the area up using a mud pump and put the waste back out onto a dry receptive area of the field. Reviewer/Inspector Name Larry Baxie},., ` ~Paul Sh'ertnan: �� . r Reviewertinspeetor Signature: Date: Microbac Laboratories, Inc. FAYETTEVILLE DIVISION NC #11 817' CASTLE HAYNE_' STREET' - NC- 437714 FAYBTTSVILLB; NC 28303 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) http:Hwww.microbac. com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES - FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS CERT #28405 CLIENT: NC DENR - DWQ ADDRESS: wachovia Building, Suites 714 Fayetteville, NC 28301. CONTACT PERSON: Mr. John Hasty ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Downstream - ID #99WD128459 2_ Effluent - ID #99WE128460 3. Up @ Bridge - ID #99NU12a461 4. Drainage - ID #99WE128462 1'Z- yle DATE REC'D: 12/02/99 SAMPLED: 12/02/99 SAMPLED BY: J. hasty DELIVERED BY: J_ Hasty SAMPLE CODS: Waste crater, Grab REFERENCE: Carroll's Farm #2538 DATA, REVIEWED BY: X�?IA DATE REPORTED:­12/13/K ta++++aaaaaaata++aaaa+aaataaaaattaataa+aataataa+aaataataaiat+aaaaaaaaaaaatttaaaaataaaaaaa+ ANALYSIS METHOD 1 2 3 d rasa+aaaatiff++tataaaaaatatrarataraaaa+aaaatata+attaraaaaraatararaataaataaaaaaaaaattaa+rra SOD (mg/L) EPA 405.1 2.66* 63.8* 1.41* COLIFORM, FECAL (per 100 ml) SM18 9222D 17000 1500000 <9 5200 NITRATE (mg/L) EPA 353.3 <1.0 1.04 <1.0 1.55 O 6hows: + Quality control sample not 'within limits`' < = Less than =Greater than RECEI C1 EI) DEC 2 3 1999 �E�FVILLE L'FFICE PAGE 1 OF 1 The data and other information Contained on this, and other. accompanying documents, represent only the M E M B E R sample(s) analyzed and is rendered upon the condition that' it-isnot to be reproduced wholly or in part for advertising or other purposes without writlen approval from the laboratory. USDA-EPA-MOSH Testing Food Sanitation Consulting Chemical and'Mimobioiogical Analyses and Research ® Microbac Laboratories, Inc. FWt'STTE'.'1LLE DTVIS,101i d a,=" 01 1 yil i OA4TY,R HAYlit; N'T1(Ef T lit it i't ' 1 FA1'ETTEVTLLE,-NC 263{33 l.l:0A aj37)4'1 • http://ww'w.niicrobac.com CHEMISTRY - MICROBIOLOGY - FOOD SAFETY - CONSUMER PRODUCTS WATER - AIR - WASTES - FOOD - PHARMACEUTICALS - NUTRACEUTICALS CERTIFICATE OF ANALYSIS CERT284t3` gib! ,.Ii,M�. N., IJUt r", �- 1,W`• List+, ;�.�_ lo_ , i { >uu l.1•.11s:y � l'ta Lti 714 --'r,NTAr'T rIPPSOti_ Mr. John j 1T��/1}Li/��F !'li.t1'il.{F T: 1:�;!•)J r t o SAMPT.F lD: t. DrwnstrpAm r.1 #49Wi")(?Rv'4 et t:iuotit — ILt #uuYilsi,;kA dV 3. ter= is �►ri�lc3� — ri �� #I9�l�u ��e4ci� �. f:ta.i.ilut(� �� {���S�JaI•i.RiLJ�A[J� L)CLIVERL'D BY* J. [I+s'f:• :.�MI'I,h; rnili:: W�^trs taatPr 'r-�i�= REFERENCE: Carroll' v FArm 4?5 8 DATA Rh'v I LIED 1Y4! : DATE REP011-Ti3b: 1 !!++!{{{{+►♦�a:lr�{a►aar,ta►+{'l++++►+iliak++a{xs++{-Y4ti444a+4!{+1{Iii41a,!{+,a-{t44dai +a}{ .,UALYSIS M=HOD 1 2 3 a /•+ { -r � l i r•y r ca•*r •*.**i• r►r ri .•r�4i.f tr•ts,e •r*r,rr t•r rw •ti ri 4�-:a 1r• r.> riyrr, a rr r. b.1- `lU'•i*.�++ �7 •, EiA 4U',,.iy�� 1Z..Vy{3 tV%.tjd 11.�Y1� IrLt .'1�1 I, I'0.* L Sl�vl. 11ju TILL; .7ml1J lk. — -'U 1f1 V�}t)I LJl�Ul](/t� t7 {• I. .yV. EVA 353. 30 1.04 C.{'C j y'1 g F Cot"OffS: * ."uala t:y ttcnkzo.l -q wiple not: within iitriies , hfis�; than i r3i:,: -t f'•:r r..Iksf•. RECEIVED ED DEC 2 3 1999 FAYETTEVILLE REG. OFFICE b- The data and other information contained on this, and other accompanying documents. represent only the M E 1M 8. E R sample(s) analyzed and is rendered upon the oondltion that it is not to be reproduced wholly or in pan for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research Microbac Laboratories, Inc. FAYETTEVILLE DIVISION NC #11 817 CASTLE RAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864 -1920 / (910) 864-8774 (FAX) AIR • FUEL • WATER • FOOD s WASTES CERTIFICATE OF ANALYSIS, CLIENT: NC DEi3NR ADDRESS; Wachovia Building, Suite 714 Fayetteville,•NC 28301 CONTACT PERSON: Mr. Ken Averitte ACCOUNT NUMER: #KNO03 DATE REC'D: 02/02/96 SAMPLED: 02/02/98 SAMPLED BY: K. Averitte DELIVERED BY: K. Averitte SAHPLE CODE: WW, Grab REFERENCE: Carrolls #2538 SAMPLE ID: 1. UT to turkey creek below influence of spill - ID #98MI533 2. UT to turkey creek (200' downstream) - ID #98WE1534 3. Drainage farm (pipe) - ID #98WE1535 DATA REVIEWED BY: DATE REPORTED: 02/04/98 ANALY8318 METHOD 1 2 3 aaaaaa+aaa++aa++i+a+t+a+,r+f*+i*a*++aia+a+ia+i+a++f+a+a+aaa++a*s+aaataaa+tt++i+++at+++f+a++ COLIFORM, FECAL (per 100 ml) SM18 9222D 76000 356000000 490000000 COMMENTS: < = Less than > = Greater than . PAGE 1 OF 1 REC�IV�D Fc3 p y 1998 REGOFFIQE no data and odwr Infomradon oordWmd on ttds, ead oatwr R=mpanyhV dowrram, represent oruy the sempta(s) analyzed end is M E M B E R MIX* d upon the cond[Bdt that his not to be rrrprpdirpid wholly or in P94 for advertlsinp or other purposes without written approval from the taboretory. USDA-EPA-N10SH Test3rtg Food Sank=ioa Cv mAing Chemical and Microbkbgk:W Andy m and Research Microbac Laboratories, Inc. FAYETTEVILLE DIVISION NC #11 817 CASTLE HAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 l (910) 864-8774 (FAX) AIR • FUEL WATER • FOOD • WASTES CERTIFICATE OF ANALYSIS CLTENT: NC: DERNR DATE REC'D: 02/02/98 SAMPLED: 02/02/98 ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: K. Averitte Fayetteville, NC 28301 DELIVERED BY: K. Averitte R 'CONTACT PERSON: Mr. Ken Averitte SAMPLE CODE: WW, Grab ACCOUNT NUMAER= *KN0031, REFERENCE Carrells, #253.8 ; �C SAMPLE ID: 1. UT to turkey creek below influence of spill TD #98WE1533 2. UT to turkey creek (200' downstream) - ID #98WE1S34 3. Drainage farm (pipe) - ID-#98WF1535 DATA REVIEWED BY; ",•a DATE REPORTED: 02/04/98 rr+4,44+++Jr+++++++++++f+4, 44, }Wtk+dr++} 1-++}++***1,}4+++ ANALYSIS METHOD`. ' 1 2 3 . }}}++}A,+1+++}}}}+}+}}++}}}+++}l+}}++++++}}}}}}}+}+}1+1+++}+ll silly l+4}++i++i+}i++} COLIFOAM, FECAL (per 100 ml) SM18 9272D 76000 356000000 490000000 r s &E.— RECEIVED COMMENTS: < = Less than > - Greater than Ld Al 10/4$ .,a 11 YETTEIIILLE REG. OFFICE L PAGE 1 OF 1 The data and other Information contained on this, )red other e=rnparpAng documents, represent only dre sample(s) aeatyted end Is MEMBER rendered upon the condition that it is not to be reproduood wholly or in part for advertising or other purposes without wMten approval from the laboratory. - USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research .----- - ate C�y ' %awn HIGH FREEBOARD NOTIFICATION DATFiilf^'lE : o -- DWQ Corrtact None of Person Gc-rtocting DWG . R o6 14C Le-o(Q Telephone No.{o) 2�S 3, -3 cf 3(Jc�-s� FARM Name c*r 3S 3 S Cac- rOK� l � ��r �r.`;c Se.rf�ecC,,- �n Coun1y ;__ [ m/� o ryeSSa�Q C✓v�_ Qt� 'Jrsw{� • � of � e. � a- w � f'a_;iity No. Freeboard Level of the Lagoon j ���,. ,n Conditions of the soroy fields: Ate\ i-�• ( ®5 10 S S 2 / ! 3 NAZZATME: (include any instructions given to the former at the time of the wfl) " . L n . 0 . -i ' -.L- ,F- Cf �. C 0 .._ _ I -nit r l ., r.L-.�.[ I --IA 1 -i-- S� n n A A m a." ruj is Cl-rr _ (A copy of each ncrtiftcction should be forwarded to the 'CAF0 BOX- in John HastVs office as soon.cs passible) t L� vSi i� SC,; S �— . .'k— A.L,a_rL-,cn Cp -Crh4 �f.=S W cQa., vGwcQ[ft,r+, Carroll's Farm #2538 Discharge 12-2-99 Staff with Carroll's Foods at the farm site stated that on Monday l 1-29-1999, Mainor Tile Co. Was on site to work on a turbine on one of the reels at the farm. Upon completion of the work, the pump was started to test the reel. The pump was run for approximately fifteen minutes and then shut down. A reading of the hour meter was then taken. At that time the equipment operator was advised to winterize the system, since it was too windy to irrigate and due the forecast of below freezing temperatures. Mr. Michael Graham and Mr. Dave Nordin of Land Management were at the farm site and observed the equipment operator winterizing the system which included draining the pump and disconnecting the hoses to the traveler. On Monday the lagoon level was 17", and the level was 19" at the time the pump was noticed running. The hour meter showed eighteen hours of operation on Wednesday at 4:00 p.m. Therefore farm staff feels the pump was started at approximately 10:00 p.m. on Tuesday. Mr. Michael Graham advised that no pumping activity was planned until after the cold weather snap. He also advised that whomever started the pump was familiar with the operation of the pump and knew to replug the drain for the impeller, which had been opened to drain the pump. The pump was also set to low idle at a speed which would just keep the primer valve open. Farm staff also advised that there were beer bottles found along the path to Farm # 2537. The pump was noticed running by the equipment operator at approximately 4:00 p.m. on Wednesday who reportedly cut it off and immediately went to the reel where the pipe had been disconnected. He then notified other staff members of the discharge. The waste had been flowing from the hose at the reel and through the field and into a drainage feature. The drainage feature then meanders through the property to the south and under the roadway to Turkey Creek which flows into Six Runs Creek. Farm staff' immediately began to block the drainage feature at five different places and began pumping the captured waste back onto the over seeded bermuda field using a portable pump and pvc pipe. I was told that they pumped out the drainage feature for approximately 5-5 hours during the night on Wenesday. At the time of the investigation the waste had been pumped from the drainage feature and it had been reopened and clear water was observed flowing through it_ The waste that had escaped was not observed downstream from the entrance point approximately 1/4 mile downstream Turkey Creek is a slow moving creek with a lot of debris and beaver dams throughout. It is the opinion of the investigator the waste is settling in the slow moving waters and should not create a problem downstream of this facility. The above information was gathered during the investigation and through interviews with farm staff. DEC 03 '99 10:B2Am P.1/3 �:n�atc sp;E,.% snu, aanipwri tounry waterway htspJ/www.fayectcvillene.cc,im/foto/news/contenJ199ghx99dec/nO35pili.ht tFAYE, I I EVILLE ONLINE MWStape(#sYf�[ m Other Sections In News Local C State Nation / World Sports Business Opinion Features Military Columnists Flipside Archive Astronomy Calendar Comics Dining TV Listings Weather Friday, December 3, 1 Hog waste spills into Sampson County waterway By Josh Shaffer Staff writer TURKEY -- Nearly 200,000 gallons of hog waste spilled from a Sampson County farm Wednesday, emptying into a nearby creek. The waste was pumped out of a Carroll's Foods lagoon for several hours before a worker noticed. By the time workers shut off the pump, the waste had flowed into Turkey Creek and a nearby swamp. "It's a major spill," said Ernie Seneca, spokesman for the state Division of Water There are 2,000 hogs on the farm, which is near the Duplin County line. No one from Carroll's could be reached for comment Thursday. Seneca said the spill poses no danger to drinking water. "It spread out in the swamp, and the swamp will break it down over time," he said_ Inspectors found no fish kills at the site. They did find debris from Hurricane Floyd, which they said will help break down the waste. It is too soon to say if anyone will be fined, Seneca said. The cause is still under investigation. The waste started out in a lagoon. There is a hose running between that lagoon and the field where the waste is applied as fertilizer. Along that line, a hose had been disconnected to keep it from freezing in the recent cold weather, Seneca said. But somehow, the pump was activated, sending the waste out of the disconnected hose. It started flowing Tuesday night and continued into Wednesday. By the time the spill was detected, the four -acre lagoon had dropped 2 inches. "We're looking into how this pump became activated," Seneca said. The farmer "has concerns that someone got on his property and cut it on." George Upton shares that view. He is director of the Sampson County Cooperative Extension Service_ P.2/3 Hog wustc i DEC 03_.' .. 8.0 1 .way hup://www,faycaevi)icnc.com/roc&newsleaniend1999Axl)9dcc/nO3spill. a "I know that outfit," he said, meaning Carroll's_ "I know this wasn't a careless mistake." The Sampson County Sheriff's Office responded to the spill. Sheriff Buck McCullen could not say Thursday night whether there would be any further investigation. "I don't think there is any sabotage," he said. This was a major spill, but small compared to disasters of the last few years, Seneca said. A spill in 1995 made national headlines when 20 million gallons of hog waste escaped. Newsl Community I Marketplace I Weekender I Search I Help Local material copyright (c) 1999 The Fayetteviiie (N.C.) Observer 2 of 2 12/3/99 9:39 AA7 DEC 03 '99 10.03AM P.3/3 W1,2.4,L OnWne - State Officials Investigate Hog Wasic Spill in Sampson Cl*ptywww.wral-tv.com/newslstale NorthCarolina/NC--HagWastcSpt I=AN-ltt thenFollow mTired of runnin around? the ove g4A onflnet - Seled acategory - Go! i�LOCJI News News Wedther Spor',--, Traffic --. �_ JS - . � Healti Consumer Food Farn> Y t_ieis&e ::i�i^_ _ _. _ � _ ._ _-•- _:�. .. op,._ Corsuntifirty"�-We�Caiiis 9EaRCtf-7 f OBACK J hEtP J; Stre wsD� TYSINPC .1 .Y£6CASt5� _^ I �.J} ij��1; Friday December 3, 1999 State Officials Investigate 12.15AM Hog Waste Spill in Sampson Send this to a Friend County Last 7 Days TURKEY, N.C. (AP) -- Nearly 200,000 gallons of hog waste spilled into a creek after a pump hose was disconnected at a Sampson County farm, state environmental officials said. By the time workers at a Carroll's Foods farm noticed the spill and shut off the pump Wednesday, the waste had flowed into Turkey Creek and a nearby swamp_ Ernie Seneca, a spokesman for the state Division of Water Quality, described the incident as a major spill but said it poses no danger to drinking water, and that no fish kills were found. "It spread out in the swamp, and the swamp will break it down over time," he said - Investigators said a hose along a line running between a waste lagoon and a field where the waste is applied as fenilizer had been disconnected to keep it from freezing in the recent cold weather. Somehow, the spill was detected, the four -acre lagoon had dropped two inches. "We're looking into how this pump became activated," Seneca said. George Upton, an agricultural extension agent in Sampson County, believes vandals are responsible for the spill, but Sheriff Buck McCullen said he didn't think there was any sabotage - Copyright 07999 &sqpLated Press. All rights reserved. This material may not be published, broadcast, rewritten, or disrributed. Cppyri&hE N.C. CO1nrmnli or questloW tjivc us (tt Ih A- P&JJ our visitor PJjVQQe yArgma , Want t0 lKlycrfife.^ 1 of 1 I213/99 9:45 AIN CAR ROLL'S FOODS, INC. P. 0. Drawer 856 WARSAW, NORTH CAROLINA 2MB June 6, 1996 Mr. Ed Buchan, Environmental Engineer Division of Environmental Management Suite 714, Wachovia Bldg. Fayetteville, NC 28301 Dear Mr. Buchan, Tyr," VJUN III ENV. MANAGEN = 'T FAYETfEVitlE � _G, rv. r=CE This letter is in response to your June 4 follow-up visit at Carrrllls Farms 37 and 38. Along with Bob McLeod, Manager for all Carrrolls Farms, we observed and discussed the situation at both farms. There was no runoff observed at either farm. Hay was being baled in some fields with grazing going on in other fields. It was evident that fields had been aerated. The liquid levels were well below the maximum pumping level. Our major concerns are with the existing surface drains in close proximity to streams. One of these ditches has been filled, graded and planted in grass. Plans are to run surveys on each of the ditches and determine which ones can be replaced with subsurface drain tubing. Some drainage will be required due to the various springs and wet areas. Those areas where subsurface drainage along with land shaping are feasible will be scheduled for elimination of ditches. Bob also mentioned establishing a riparian area or manmade wetland at the end of a pasture where the creek is less than 100 feet from the field. A field investigation will be made to determine feasibility of this practice. Thank you for your cooperation and call if you need additional information. Sincerely, Howard Hobson, Resource Conservationist Carrollls Foods, Inc cc: Bob McLeod Don Butler O -_✓ .Rk cic5t F;Me State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director MR DON BUTLER CARROLL'S FOODS, INC., PO DRAWER 856 WARSAW NC 28398 Dear Mr. Butler: ALIM. *,A 14 D E N R February 2, 2001 rii= v t: U FEB 6 2001 F-. Y TTEVILLE SUBJECT: Acknowledgment Receipt Letter Case No. DV 00-003 Sampson County This letter is to acknowledge receipt of your check No. 00204836 in the amount of S4,492.98 received from Carroll's Foods on January 30, 2001. This payment satisfies in full the civil assessment in the amount of $4,492.98 including $492.98 in investigative costs, levied against Mr. Don Butler and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. 1f you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, Jeff Poupart, Supervisor Non -Discharge Compliance & Enforcement cc: _ Fayet eve ive ille Regional Office Enforcement/Compliance Files #DV 00-003 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper I�P %E1 December 1, 2000 Mr. Steve Lewis NC DENR, DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Civil Penalty Assessment Carroll's #2537 &. 2538 Sampson County File r DV-00-003 Dear Mr. Lewis: CARROLL'S FOODS, INC. P. 0. Drawer 856 WARSAW, NORTH CAROLINA 2SM8 1 have decided to withdraw my request for remission of the civil penalty assessment in this case. Please remove this case from the schedule for December 14, 2000. Sincerely, Don Butler Environmental Compliance Manager DB/cs Cc: Greg_a Schrnidt Mike Miller r 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 1� L U t V Lj Mr. Don Butler Carroll's Foods, Inc. P. O. Drawer 856 Warsaw, NC 28398 SUBJECT: Dear Mr. Butler: Nov 2 2 2000 Fi,yrTTEVILLE JWAL r••r..rV•�� NCDENR NORTH CARDUKA DEPARrMFNT OF ENMRONMENT AND NATURAL RE_,oVRCES November 20, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Request for Remission of Civil Penalty Pursuant to N.C.G.S_ 143-215.6A(f) Carroll's #2537 and #2538 Sampson County Case Number DV 00-003 Thank you for your time on the telephone this morning. Should you decide to attend, a request for remission has been placed on the agenda for the December 14, 2000 meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. If you decide not to attend on this date or would like to reschedule for January 2001, please notify me at (919) 733- 5083, extension 539 by December 13, 2000 so that the agenda can be modified. The Conunittee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:30 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongly applied to the detriment of the petitioner; Afailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St - Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617 An Equal Oppornurin• /Affirmative .action Employer 50% recycled / 10% post -consumer paper hrrp: //h2o. enr-state.nc- us IL (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the 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. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the civil penalty, or the entire penalty. The entire amount of the penalty can oniy be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You or your representative should be available to make your presentation to the Committee on Civil Penalty Remissions at the above mentioned time and location. You are allowed approximately fifteen minutes for your presentation. Thank you very much for your attention to this matter. cc: PN r awl ,Fayetteville Regional Office File DV 00-003 Central Files Sincerely, Steve Lewis Division of Water Quality '` S. � .� J DEC 19 2000 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 Mr. Don Butler Carroll's Foods, Inc. P. O. Drawer 856 Warsaw, NC 28398 NCDENR ENVIRONMEHi AND H.QURAL RESOtjRCE5 December 8, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Carroll's #2537 & #2538 Farm #82-466 Sampson County File No. DV 00-003 Dear Mr. Butler: Thank you for your letter dated December 1, 2000 regarding your decision to withdraw your request for remission of the civil penalty assessment. Please remit payment of the civil penalty within thirty (30) calendar days of your receipt of this letter to my attention at: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 To expedite processing, please make the check Payable to the Department of Environment and Natural Resources and reference case number DV 00-003 on the check. Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (9I9) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opporrunin• /Affermarive Acrion Employer 50% ren-cled / 10% post-consienzer paper h qp: //h?o. en n state_ tic. its Location: 512 N. Salisbury St. Raleiah, NC 27699-1617 Thank you for your attention to this matter. Please feel free to contact me at (919) 733-5083, extension 539, if you have any questions. Sincerely, Steve Lewis cc: au PRaw— s, Fayetteville Regional Supervisor File # DV 00-003 Central Files .Mailing Address_ Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opporttnrit'• /Affirmative Action Employer 50% recr•cled / 10% post -consumer paper hrrp://h2o. enr. stare_ nc_ us Location: 512 N_ Salisbury St. Raleigh, NC 27699-1617 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. ,= i '- ,:� r� Mr. Don Butler Carroll's Foods, Inc. P. Q. Drawer 856 Warsaw, NC 28398 SUBJECT: Dear Mr. Butler: NOV 2 ! 2000 A4 OI;Ir • • W NCDENR NoRrr+ CAtoumA LDEPARTMFNT or: ENMRONMENT AND Nncuanr.- REsouFtcr=s November 20, 2000 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Request for Remission of Civil Penalty Pursuant to N-C.G.S. 143-215.6A(f) Carroll's #2537 and #2538 Sampson County Case Number DV 00-003 Thank you for your time on the telephone this morning. Should you decide to attend, a request for remission has been placed on the agenda for the December 14, 2000 meeting of the Environmental IVIanaaement Commission's Committee on Civil Penalty Remissions. If you decide not to attend on this date or would like to reschedule for January 2001, please notify me at (919) 733- 5083, extension 539 by December 13, 2000 so that the agenda can be modified. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St-, Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:30 a.m. The factors to be considered b-%• the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongly applied to the detriment of the petitioner: Mailing Address: Telephone (919) 733-5083 1617 ;`flail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier n52-0I-01 Air Equal Opportunin•/Affirinative Action Employer 509c recvcled / 109c post -consumer paper hrtp: //Jr 2o. eirrsrare. nc. us Location: 512 N. Salisbury St_ Raleigh. NC 27699-1617 (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the 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. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the civil penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You or your representative should be available to make your presentation to the Committee on Civil Penalty Remissions at the above mentioned time and location. You are allowed approximately fifteen minutes for your presentation. Thank you very much for your attention to this matter. Sincerely, Steve Lewis Division of Water Quality cc: Paill:Rawls, Fayetteville Regional Office File DV 00-003 Central Files 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 Mr. Don Butler Carroll's Foods, Inc. P. O. Drawer 856 Warsaw, NC 28398 Dear Mr. Butler: Lai, • OCT 1 6 20 FAYETTEI�iL ^ 4CDENR REG. OFF"C= NORTH o,ROUNA DEPARTMENT OF ENVIRONMENT AND N vuRAL RE5cuRcEs October 4, 2000 CERTIFIED N AIL RETURN RECEIPT REQUESTED RE: Request for Remission of Civil Penalty Carroll's #2537 & #2538 Farm #82-466 Sampson County File No. DV 00-003 In accordance with North Carolina General Statute 143-215.6A(f), I considered the information you submitted in support of your request for remission and did not find -rounds to modify the civil penalty assessment of S4,492.98. There are two options available to you. You may pay the civil penalty assessment or you may present your request for remission to the Committee on Civil Penalty Remissions of the Environmental Management Commission. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of. Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ,hailing Address: Telephone (919) 733-5083 1617 I'v1aii Service Center Fax (919) 733-0059 Raleieh, North Carolina 27699-1617 State Courier #52-01-01 yin Equal Opporuutin /A�nnatire Action Employer 50% recycled / 10% past -consumer paper hap://70o. enr.state.nc. its Location: 512 N. Salisbury St. Raleigh. ``C 27699-1617 You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. You may present your request for remission to the committee and a representative from the Division of Water Quality will present the case against remission- The Committee on Civil Penalty Remissions will render a final and binding decision in accordance with NCGS 143B-282. I (c). If you would like to present your request for remission to the Committee on Civil Penalty Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next scheduled committee meeting is in Raleigh on December 14, 2000. If you are unable to attend on this date, your request will be scheduled for a meeting at a future date. Thank you for your attention to this matter. If you would like a receipt that your check or request for remission was received, please send it via certified mail. Please feel free to contact Steve Lewis at (919) 733-5083, extension 539, if you have any questions - Sincerely, tz� Kerr T. Stevens cc: ulRawls.Rgional Supervisor File # DV 00-003 Central Files Alailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opporrunin• /.-lffirrnarive Action Employer 50% recycledl 10% past -consumer paper htip_1/7z 2o_enr.state_nc_us Location: 5) 2 N. Salisbury St. Raleigh, NC 27699-1617 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 Mr. Don Butler Carroll's Foods, Inc. P. O. Drawer 856 Warsaw, NC 28398 Dear Mr. Butler: • -0 sTL4 a-' NORTH t.ARQLENA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 8, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Remission Request Carroll's #2537 & #2538 Farm # 82-466 Sampson County File # DV 00-003 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on October 4, 2000, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733.5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: Paul Rawls; FRO Regional Supervisor w/attachment Central Files w/attachment File # DV 00-003 w/attachment Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunirt• /Aff native Action Employer 50% recycled / 10% post -consumer paper http://h2o. enr-state.lic.its Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 r July 28, 2000 Mr. Steve Lewis NCDENR Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re_ Assessment of Civil Penalty Farm #82-466 Sampson County File #DV00-003 Dear Mr. Lewis: CARROLL'S FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 28398 r U PI VE AUlG 3 2000 `'r�-1TIEI QUALITYAance tr. I am writing to request a remission or reduction of the civil penalty assessed against the above referenced farm. I am not disputing the fact that small amount of effluent left one of the farm buildings and ultimately reached a ditch. The reasons I feel the assessment should be rescinded or reduced are: 1. The spill was the result of an obstruction in an underground line. The obstruction was not visible to the farm workers. The spill was not due to negligence, it was an accident. 2. As soon as the spill was discovered responsible actions were taken by the farm management. a. A diversion berm was immediately constructed to prevent additional runoff. b. The discbarge line was cleared of the obstruction and repaired thus eliminating the source of the spill. c. Farm management personnel immediately contacted proper DWQ officials to report the incident. d. Instructions were given to -farm workers inside the buildings to heighten awareness of potential line obstructing objects and prevent future incidents of this nature. Had this incident been the result of farm employee negligence or management indifference I would make no request for relief from this assessment. Everyone who has looked at this situation (including DWQ inspectors) agrees that proper and responsible actions were taken immediately to minimize any potential environmental impacts. To the best of my knowledge no observable environmental impacts resulted from this accident. Your favorable response to this reasonable request will be appreciated. Sincerely, Don Butler Environmental Compliance Manager DBlcs ti STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF -45 D N IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST } ADMINSTRATIVE HEARING AND PERMIT NO. A of S 1014 b b ) STIPULATION OF FACTS FILE NO:_ -b V Q0 3 Having been assessed civil penalties totaling _ Q �- q _ for violation(s) as set forth in the assessment document of the Director of the Division of Water. Quality dated, _3'0 4 f-- 1 %.1 O O D , 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 CtAWJIS O.C. 4-83 9 & TELEPHONE q I0• aq3-3434 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governo� ; Bill Holman, Secretary Kerr T. Stevens, Director Mr. Howard L. Hobson Carroll's Foods, Inc. P. O. Box 856 Warsaw, NC 28398 Dear Mr. Hobson: 5 2000 FAYETTtVILLE REG. OFFICE SUBJECT / • • �%r NCDENR NORTH CAROLINA DEPARTMENT OF EwiRONMENT AND NAMRAL REsouRces June 29, 2000 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit Farm #82-466 Sampson County File No. DV 00-003 This letter transmits notice of a civil penalty assessed against Carroll's Farm #2537 and #2538 in the amount of $4,492.98 including $492.98 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: 1. 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 penaity will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10`7c post -consumer paper http: //h 2o. en r. state. n c. us Please submit payment to the attention of_ Mr. Steve Lewis 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. 14313-282.1(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. PIease submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 W 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 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhom 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. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext. 527, Sincerely, Kerr T. Stevens ATTAMMENTS cc: -Paul Rawls, Fayetteville Regional Supervisor w/ attachments File DV 00-003 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA COUNTY OF IN THE MATTER OF ASSESSMENT OF CIVIL PENALIT'IES AGALNST PERMIT NO. Having been assessed civil penalties totaling ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINSTRATTVE HEARING AND STIPULATION OF FACTS 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 clay of SIGNATURE I RIDTI i `lC� TELEPHONE ,20 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON r IIXiIM IN THE MATTER OF ) CARROLL'S FOODS, INC. } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) . 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 CarrolI's Farm #2537 and #2538, a swine operation located along SR 1913 in Sampson County. C. Carroll's Foods, Inc. was reissued Certificate of Coverage AWS820466 under General Permit AWG I00000 for Carroll's Faun #2537 and #2538 on and effective June 26, 1998, with an expiration date of April 30, 2003. D. On February 4, 2000, DWQ staff observed a discharge of wastewater by Carroll's Farm #2537 and #2538 from a hog barn to Turkey Creek, which are Class C Swamp waters of the State within the Cape Fear River Basin. E_ Car -roll's Foods, Inc. had no valid permit for the above -described activity. F. The cost to the State of the enforcement procedures in this matter totaled $492.98. III Based upon the above Findings of Fact, I make the following: 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. Turkey Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Carroll's Foods, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation 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. E. 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. I (b)(8). F. 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: III. DECISION: Accordingly, CarroIl's Foods, Inc. is hereby assessed a civil penalty of: for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ [A _ dQ a TOTAL CIVIL PENALTY, which is �r-, percent of the maximum penalty authorized by G.S. 143-215.6A. $ 492.98 Enforcement costs $ �N' 1-ko 2.O5? TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty i have 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; (8) The cost to the State of the enforcement procedures. z�4flr. (Date) Kerr T. Stevens, Director Division of Water Quality 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 Mr. Don Butler Carroll's Foods, Inc. P. 0. Drawer 856 Warsaw, NC 28398 Dear Mr. Butler: 081q, -AUG 9 t U rAYETTEVI C CDENR �E • aFFEN'ViRONMENT AND NATUP.AL RESOURCES August 8, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Remission Request Carroll's #2537 & #2538 Farm # 82466 Sampson County File # DV 00-003 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on October 4, 2000, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: 'Au1:Raw1_s)FR0 Regional Supervisor w/attachment Central Files w/attachment File # DV 00-003 w/attachment Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affrnrative Action Employer 50% recycled / 10% post -consumer paper http: //h2o. en r. state. tic. its Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 A July 28, 2000 Mr. Steve Lewis NCDENR Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Assessment of Civil Penalty Farm #82466 Sampson County File #DV00-003 Dear Mr. Lewis: CARROLL'S FOODS, INC. P. D. Drawer 856 WARSAW, NORTH CAROLINA 2W98 if REEIVED AUG 3 2000 VIATER QUALITY SEcT,Cq,1 I am writing to request a remission or reduction of the civil penalty assessed against the above referenced farm. I am not disputing the fact that small amount of effluent left one of the farm buildings and ultimately reached a ditch. The reasons I feel the assessment should be rescinded or reduced are: 1. The spill was the result of an obstruction in an underground line. The obstruction was not visible to the farm workers. The spill was not due to negligence, it was an accident. As soon as the spill was discovered responsible actions were taken by the farm management. a. A diversion berm was immediately constructed to prevent additional runoff. b. The discharge line was cleared of the obstruction and repaired thus eliminating the source of the spill. c. Farm management personnel immediately contacted proper DWQ officials to report the incident. d. Instructions were given to farm workers inside the buildings to heighten awareness of potential line obstructing objects and prevent future incidents of this nature. Had this incident been the result of farm employee negligence or management indifference I would make no request for relief from this assessment. Everyone who has looked at this situation (including DWQ inspectors) agrees that proper and responsible actions were taken immediately to minimize any potential environmental impacts. To the best of my knowledge no observable environmental impacts resulted from this accident. Your favorable response to this reasonable request will be appreciated. Sincerely, Don Butler Environmental Compliance Manager DB/cs STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTYOF IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL. PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. A W 5 V;L 0 6 ) STIPULATION OF FACTS FILE NO: .t V_ QV - 003 Having been assessed civil penalties totaling 14,q q Z-g Fi for violation(s) asset forth in the assessment document of the Director of the Division of -Water. Quality dated, ji4r4f .I A ,,100D , 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 A`d _ __ day of 20 Q—. SIGNATURE ADDRESS CP'kW1-!5 WK%'gh%Lo t C. ,� g TELEPHONE q 10• 3,q3-3434 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governo�������� Bill Holman, Secretary Kerr T. Stevens, Director Mr. Howard L. Hobson Carroll's Foods, Inc- P. O. Box 856 Warsaw, NC 28398 Dear Mr. Hobson: i UL 5 2000 REG, q��CE A*ir NCDENR NORTH CAROLINA t7EPAR"rMENT OF ENVIRONMENT ANo NAruRAL RESOURCES June 29, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit Farm #82-466 Sampson County File No. DV 00-003 This letter transmits notice of a civil penalty assessed against Carroll's Farm #2537 and #2538 in the amount of $4,492.98 inciuding $492.98 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 (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-01 -01 An Equal Opportunity l Affirmative Action Employer 50% recycled / 1017c post -consumer paper h rrp: //h2o. en r. sra te. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Please submit payment to the attention of: Mr. Steve Lewis 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. 1 (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 Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 K• 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 AND 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. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc L_Paul Rawls, Fayetteville Regional Supervisor w/ attachments File DV 00-003 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 , 20 SIGNATURE :SI. TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. DV 00-003 IN THE MATTER OF CARROLL'S FOODS, INC. } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE } AND ASSESSMENT OF WATERS OF THE STATE OF } CIVIL PENALTIES NORTH CAROLINA } WITHOUT A PERMIT ) 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_ & Carroll's Foods, Inc. owns and operates Carroll's Farm #2537 and #2538, a swine operation located along SR 1913 in Sampson County. C. Carroll's Foods, Inc. was reissued Certificate of Coverage AWS820466 under General Permit AWG 100000 for Carroll's Farm #2537 and #2538 on and effective .tune 26, 1998, with an expiration date of April 30, 2003. D. On February 4, 2000, DWQ staff observed a discharge of wastewater by Carroll's Farm #2537 and #2538 from a hog barn to Turkey Creek, which are Class C Swamp waters of the State within the Cape Fear River Basin. E. Carroll's Foods, Inc. had no valid permit for the above -described activity. F. The cost to the State of the enforcement procedures in this matter totaled $492.98. H Based upon the above Findings of Fact, I make the following: 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. Turkey Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Carroll's Foods, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation 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. E. 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). F. 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: Accordingly, Carroll's Foods, Inc. is hereby assessed a civil penalty of: $�Ar0 c, o for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. TOTAL CIVIL PENALTY, which is —q-f:t_ percent of the maximum penalty authorized by G.S. 143-215.6A. $ 492.98 Enforcement costs $Tto12 . C�,4 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(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; (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality [LLI'HOLMAN ' ECRETARY 1a NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE Division of Water Quality March 28, 2000 MEMORANDUM TO: Steve Lewis Non -Discharge Compliance Group FROM: Jeffery Brown Environmental Engi/er!FRO SUBJECT: Enforcement Package Carroll's Farm #2537 & #2538 Facility No. 82 - 466 Please find attached a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this matter. If you have any further questions or need clarification on any of the details please contact me. JB Attachment s I� 225 GREEN STREET, SUITE 714 / SYSTEL EILD. FAYETTEVILLE, NORTH CAPOLINA ?8301-5043 PHONE 910-466-1541 FAX 510-486-0707 AN EQUAL OPPORTUNITY f AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/SO% PO T—CONSUMER PAPER Fast Track Freeboard NOV Checklist Date Time QCi Onsite Rep David &IC ^ (rn% Facility Name 4 Facility Location Name of Owner Address of Owner lac r c NC %Q Name of Cert. Operator Integrator - • `5 e.r15 3rtr- Typ,q of Facility (sow, feeder to finish, etc.) z rroz �; ice, h s Number of animals onsite Number of animals certified for C . Freeboard level / r Notes: a ..� IAJ : Ce , yI NI oIrL, i Ski ? � 1 cC C h.: c t+ �c : fie' 4t. IVG c L G 7 �c• J �� 1 � � 3 • `fry 1c, v1-wrn�- inspectoes signs ure Date -37- ce) '-f3m. n Facility Number �-- ,� Date of Inspection Time or Inspection l�•� 24 fir- (hh:mm) 0 Permitted D Certified E3 Conditionally Certified U Registered 10 Not O erational I Date Last Operated: rr� Farm Name: cs l5.......... ............................... ....0 /ey / ,L ' _5 a53-1 -' aS� County:....., r ''!! Owner Name:............0 Arrt3�i.S.....5�...'................................ Phone No: ........ ./rQ,...'".1�..'rT�T......................... FacilityContact: ............I.z:Vf ..... ........ _- Title: ................................................................ Phone No:............................................. Mailing Address: ......... ............................. ...... _ .. �.............. a.�.........x........�.g...��.. - ...._ Onsiteltepresentative: +✓ ,I�rv�l/ Integrator:,,,,,,,,,. TdS_1�C„. • IFl.r{ . Certified Operator:...... �qV±;Y..h/.�........it.................. LS................... Operator Certification Number.,......,.................................. Location of Farm: rM Latitude 0 L 44 Longitude ' ' " Design 'Current' Design Current Design Currt:nt .Swine Capacity.: Po'• nation Poultry Capacity Population Cattle,-­_­,.,_'_� - =acr po 'elation ❑ Wean to Feeder ❑ Layer I ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑Nan -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other Farrow to Finish Total Design Ca acii � P, ..-t]'.=•=. El Gilts ❑ Boars Total SSLW 'Number of Lagoons _ ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Areafi 'Holding Ponds / Solid Traps- ❑ No Liquid Waste Management System _ Discharges & Stream Impacts 1. Is any discharge observed from any part of [he operation? ((Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field XOther a. If discharge is observed, was the conveyance man-made? ❑ Yes [ No b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ)11, Ye []No c. if discharge is observed, what is the estimated flow in gal/min'? -rj S d. Does discharge bypass a lagoon systcin? (li' yes, notify DWQ) [ t � � ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard (inches): ............. _1.................. ❑ Yes Q�No ❑ Yes ❑ No AYes ❑ No Structure 5 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 3/23/99 ❑ Yes ❑ No Continued on back Facilsty Number: Date of Inspection 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum Iiquid level elevation markings? ❑ Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? []Excessive Ponding []PAN ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iet WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes XNo 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No yiolaiit)iis:or dodencies -were hofp#-ditririg tbis;visit' - Y:oir wilt-i- is qe iio further -: - corres�o deuce. about. this visit: . . Carnments.(refer�to question #) xplatn any YES a savers and/or any°recommendations orany otEter cdnimentsK�` �w z Use drawings offacilrty to better explain stheattans (tise'addtdonal pages as necessary), QtV t a /l 4W Ale- A a-" c6 2 -,q _ p o ans cc P55, bI saram_o u,4 i , Reviewer/Inspector Name �� } Reviewer/Inspector Signature: Date: Facility Number.SA — Date of Inspection Odor Issues 26. does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27, Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29, is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32, Do the Rush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No Additional Comments .an OT T3WII1gs:.- ;_ _ss Aa S U L415[L C in 40P A f -'C'� [rrt -too �� "� Q, Ct>�L afi�Lvn cs �„p dA,A mJ a a - caofJ 1 J FAYETI`HVIL E DIVISION 917 Castle Heyne Strtxt Fayetteville. NC 28303 Phone (910) 964-1920 Fix (910) 964-ST74 CHAIN OF CUSTODY RECORD PAGE OF L EMT KAMs `i4ODREASS' �VCnrn��' — ��� <99 5 ere&, ,� Fa e#' e vj lle1 ns C aSao I C! Po ° oJECT r La",norc EC-cm,,211 N aF O T T L t a TYPE OF AMALYSIS I PRESERVATION CODE � V\ I CODE: A - -WC ONLY B = HNO3 (044 * 4CC C a Hzsw 0*�t) • -40C D = NsOH t -WC E -ZN Aafte + WC F � ACT PMS c - rzn +n-`' e: , L/ / I G - W�- -' / I AMPLER: DATE I METHOD OR SHIPMENT: LAB W 0 SAMPLE TYPE DATE TIME Corp QWW pH b a T1FMP -C REIL HLOOM 5,00 - 1 I` � 4 p oa- 15 ,,- ✓ ✓ anti _ a`y'�Iy S ianquyth br. natum) Date Tlaw ro) l ��np&u Oats! �y�me -W Date me Raearr . (SeQ rot Date TIme linquiatad by'.. (sgnaan.l Daft Tirme Rtcewtd br,ratan) Data TIMO S 1 1 6 Iaqutatlad byr (signature) Daft Date Time 7 Ime lRecamed(signature) 8 Comma a or Special Hazards: O Microbac Laboratories, Inc. FAYETTEVILLE DIVISION 817 CASTLE RAYNE STREET FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) NC #11 NC #37714 USDA #3787 http://www.microbac.com 771 CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. J. Brown ACCOUNT NUMBER: #KN003 DATE REC'D: 02/04/00 SAMPLED: 02/04/00 SAMPLED BY: J. Brown DELIVERED BY: P. Rawls SAMPLE CODE: WW, Stream, Grab REFERENCE: Carroll's Farm 02538 SAMPLE ID: 1_ Discharge Point - ID #OOWE2671 2. Halfway - ID #00WE2672 3. Further Downstream Paint - ID #00WE2673 4. Source - ID #OOWE2674 DATA REVIEWED BY: DATE REPORTED: 02/IB/Ob AIVILLYSIS MMTHOD 1 2 +t+++ttt#tttttt+ttt++tat*tttttttttake+ttt+t+ttttttttt++t+t++++++#*+tt+tt++tt*tttt++tt++ttt BOD (mg/ L) EPA 405.1 906 296 OOLIFORM, FECAL (per 100 ml) SM18 9222D 400000 48000 NITRATE (mg/L) EPA 353.3 <1.0 <1.0 ANALYSIS METE10D 3 4 COLIFORH, FECAL (per 100 ml) SM18 9222D 56000 2400000 NITRATE (mg/L) EPA 353.3 <1.0 004fifim8: < = Less than > = Greater than PAGE 1 OF 1 The data and other information contained on this, and other accompanying documents, represent only the M E M B E R sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in pan for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research a E i l '' �•; E i. � ' r � '1 t ' � {'.� �Y � �,� ? � f� � •'ice � ,• i � t � - _ �-�.—...._.—__ _',.s'� .`.... . � ..._ .. .. � ., 1_..l- .., .- _ ^r � •�• ''.I t�� r I `�. N �t 1 r �1 1 t 1 a •��� � •i 1, � ��-,�,)--_.�w../ � ., _. _ :,1. _ ZY 1 , E r ,y.•,�.F�` „ ''1•M • m I �. t :t - 4 i i• r _ 1, _ ' 4 • � ,� F S\ �,. �..., ••_:.i: �,r,,...- r.a.� ,_ _ i,`l ". \, �•' f, r ,-• �' E ^'�li,_i I . , h _ . L � { �• — 'j l\ 1 -. i yl` .' 1 .. � . 1 ry: - ,rr ~r• - t1 1 • t� 3 r-- 1 _ \-�f I`4'i' � 1 `•� �' 'fir - r- � , , -t . v,% _, 1 t oo �' •t E � � �- 5 7 r ,F RECEIVED rtA�j 2 - 2000 FAYETTEW? LLE REG. OFF= • CARRQLL'S FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 2M8 February 30, 2000 Mr. Jeffery Brown DEHNR Division of Water Quality Suite 714, Wachovia Building Fayetteville, NC 28301 Subject: Actions taken regarding spill at Carroll's Foods, Inc. Farm #2538 on February 4, 2000 Dear Jeffery, Please find listed below the actions taken on the subject farm: 1. The discharge line was repaired_ 2. A diversion berm was constructed near the road to prevent future discharge into ditches. 3. The farm workers inside the fence were alerted to be more watchful for future pipe problems and make all attempts to correct the situation and prevent future discharges Sincerely, Howard L. Hobson, Technical Specialist Carroll's Foods, Inc. , cc. Don Butler David Nordin u: 4• �1 �1 Ah1E5 B:'HuNT f F, aGCVERNOR - :r t : - r `kiILL 0MOLMAN' . SECRETARY ;KERR=T.�57�YE1dS�,��' IR 4' yl Y r K ap 43 z NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 13, 2000 Carroll's Foods, Inc. Attn.: David Nordin P.O. Box 856 Warsaw, NC 28398 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No- AWS 820466 Carroll's Farm #2537 and 92538 Facility No. 82 - 466 Sampson County Dear Mr. Nordin: 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 February 4, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Carroll's Foods Farm #2537 and #2538 swine facilities in Sampson County. David Nordin, a Carroll's employee, reported that wastewater had left the waste management system. An inspector from the Division of Water Quality arrived on the site and observed that an earthen berm had been installed to prevent additional wastewater from leaving the farm. Animal waste had flowed from the back of one of the swine buildings and ultimately discharged into Turkey Creek which is Class " C SW'waters. waters. The lagoon was also observed to be in the emergency storage level (approximately 13 inches). The Division of Water Quality requests that the following items be addressed: 1. If not already completed, lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits and per the CAWMP. �Ft95T' .Z. 0 - 1 ..0- 225 GREEN STREET, SUITE 714 J SYSTEL BLq. FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE 91 0-48B-1 541 FAX 910-486-0707 AN EQUAL OPPORTUNITY-/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Carroll's Farm #2537 and #2538 March 13, 2000 2. Provide a detailed explanation as to why wastewater was allowed to leave the waste management system and what steps have been taken to prevent incidents of this nature from occurring in the future. 3. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility, which are not in compliance with the CAWMP or the General Permit. 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 levy a civil penalty of not more than $25,000.00-per day per violation. You are hereby notified that based on the above information the Fayetteville Regional Office of the Division of Water Quality has no choice but to consider sending recommendations for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the surface waters of the State from a non -discharge facility. If you have an explanation for these violations 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 for enforcement. This response should be received by this office on or before March 23, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following. Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 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. Page 3 Carroll's Farm #2537 and #2538 March 13, 2000 If you have any questions conceming this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. Sinc rely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group March 16, 2000 Mr. Paul Rawls NCDENR 225 Green Street Systel Building Fayetteville, NC 28301-5043 CARROLL'S FOODS, INC. P. O. Drawer 856 WARSAVAP I M [y MAR 17 2000 FAYETTMUE REG. OFFICE SUBJECT: Response to Request Regarding Farms 2537 and 2538, Facility No. 82466 Dear Mr. Rawls: I sent a letter to Mr. Jeffery Brown on February 30, 2000 regarding actions taken as a result of the spill at Farm #2538. Presently, wastewater is being applied as weather permits and per the CAWMP. It should also be noted that the spill did not occur due to lagoon failure or irrigation runoff. The spill occurred due to accidental blockage of a pipe flowing into the treatment lagoon. The obstructed area was inside the fence and was not detected until liquid backed into the house and flowed through the grass and away from the pad area. The pipe was cleaned out and normal flow returned. Immediately upon discovering the accident, the farm crew stopped flushing from the house and constructed a temporary earthen diversion to prevent discharge to the waters of the state. The production department and farm manager were informed of the event and have developed a protocol that should be help to prevent future occurrences. In order to prevent future freeboard deficiencies we are taking the following actions: I. Made available an additional irrigation gun. This will help lower the liquid levels faster particularly during favorable periods of bermuda applications. 2. As part of our operational plan, water saving devices such as pressure reducers and swinging water nipples are planned for fiscal year 2001. Based upon previous trails we estimate a 30% reduction in water use. The less water handled, the less opportunities for spills. 3. Reviewed the original design regarding start/stop elevations. Due to working with a variety of different designs, the decision was initially made to construct all liquid level indicators with the same depth of temporary storage. This was 2 feet for most 12 foot deep anaerobic treatment lagoons. The depth at Farm #38 is 14 feet. Using this value, the distance between start pump increases to 2.8 feet. A new indicator will be constructed and installed at this farm. The extra storage capacity will allow for more storage capacity during the winter months and help to prevent freeboard deficiencies. 4. A drainage pipe was removed and a berm constructed along the drive to allow surface drainage to flow into a pasture rather than into the swamp. Based upon the above information, I respectfully request that this farm not be recommended for enforcement_ As noted, this incident was called in and immediate actions were taken to prevent environmental damages. To my knowledge there were no observed fish kills or deterioration of the plant and animal community. The release was accidental and addressed immediately. Sincerely, 0,WW111011111 "- 11 P --- a. =- Howard L. Hobson, Technical Specialist Carroll's Foods, Inc. Cc: Steve Lewis, DWQ Don Butler David Nordin '• 4 V 11056� <E VS THIS SCHEDULE I$ ATTACHED TO AND KADE PART OF DEED BETWEEN FEDERAL LAND BANK AND CARROLL'S FOODS, INC. thence again with the Wright line South 85 degrees 30 minutes East 111 poles to a concrete stake; thence again with the Wright line and the J,14. Hunter, Jr. Estate crossing State Road No. 1914, North 18 degrees 50 minutes East 7200 feet to a concrete and iron stake; thence South 27 degrees 45 minutes East 2299 feet to the center of State Road No. 1914 (iron stake set on the northern edge of said road); thence continuing the same course 40.8 feet to the center of State Road No. 1913; thence with the center of State Road No. 1913 the following courses and distances: South 8 degrees 15 minutes West 13.36 poles; South 29 degrees 10 minutes West 19.86 poles; South 17 degrees 30 minutes West 52 poles; South 37 degrees 20 minutes West 25.72 poles, and South 13 degrees East 99.35 poles to the beginning, containing 343 acres,. more or less. EXCEPTING, however, from the aforesaid tract of land the following parcel, to -wit: BEGINNING at a concrete stake in the line of J.E. Wright, said stake being located South 85 degrees 30 minutes East 266.75 feet from an iron separating two tracts of Wright's land, and runs with the Wright line South 85 degrees 30 minutes East 272.25 feet to a concrete stake; thence South 34 degrees 30 minutes West 249.5 feet to a concrete stake; thence South 74 degrees West 200 feet to a concrete stake; thence North 18 degrees 3D minutes East.200 feet to the beginning, containing 1.16 acres, more or less., SECOND TRACT: A tract of land composed of three contiguous parcels, containing In the aggregate 253.42 acres, more or less, known as the J. }Michael Goodson "Wright Place" in Turkey Township, Sampson County, North Carolina, approximately eight miles East of Clinton, located on State Road No. 1914 leading from N.C. Highway 24 at Elliott to the old Clinton -Warsaw Road; bounded now or formerly as follows: North by the J.H. Hunter Estate; East by the First Tract above described; South by the run of Turkey Swamp; and West by the run of Six Runs Creek, and more particularly described as follows: Parcel _N_o. 1: BEGINNING at a stake, a corner between Thomas Faison and Drew Hunter, and running thence with the line of said Drew Hunter South 76 degrees 30 minutes West 2673 feet to Six Runs Creek; thence with the meanders of said creek as follows: North 88 degrees 15 minutes Best 156 feet; thence North 51 degrees 45 minutes West 124 feet; thence North 76 degrees 25 minutes West 145 feet; thence North 50 degrees 15 minutes East 130 feet; thence North 22 degrees 45 minutes West 107 feet; thence North 0 degrees 15 minutes West 75 feet; thence North 64 degrees 30 minutes East 105 feet; thence North 34 degrees 15 minutes West 165 feet; thence North 19 degrees West 245 feet; thence North 89 degrees 45 minutes East 204 feet; thence North 46 degrees 15 minutes East 350 feet; thence North 27 degrees West 222 feet; thence North 79 degrees 30 minutes West 200 feet; thence North 10 degrees 40 minutes East 370 feet; thence North 85 degrees 15 minutes East 67 feet; thence South 74 degrees East 163 feet; thence North 41 degrees 45 minutes East 204 feet; thence North 25 degrees 30 minutes East 50 feet to a cypress tree in the line of Jesse Smith; thence with the line of Jesse Smith North 64 degrees East 4422 feet to and beyond the house of Andrew Ashford to a stake in the line of Tom Faison; thence with the line of Tom Faison South 25 degrees West 1697 feet to a corner stake; thence with said Faison line North 82 degrees 30 minutes West 644 feet to an iron stake, a corner; thence with the said line South 8 degrees 15 minutes West 1683 feet to the line of Drew Hunter, a corner between Tom Faison and Drew Hunter, the beginning, containing 173.73 acres, more or less. EaRcel No. 2: BEGINNING at a stake on the North side of a small branch, the fourth corner of a tract of land described In deed from C.N. Holland and wife to J.H. Hunter, recorded In Book 220, Page 233, of the Sampson County Registry, the same now being J.M. Hunter's corner, and runs with his line North 18 degrees East 40 poles to a stake; thence North 71 degrees 45 minutes West 119.5 poles to a stake, Tom Faison's corner in Andrew Ashford's line; thence South 25 degrees West 63.5 poles to a stake In said Hunter's line of the Holland Tract; thence with Hunter's line South B2 degrees 30 minutes East 130 poles to the beginning, containing 39.69 acres more or less. ParFel No, 3: BEGINNING at a cypress on the run of Six Runs at the corner of Lot No. 2 of the W.H. Carroll lands as per survey of G.B. Cooper, C.E, and runs thence North 78 degrees 30 minutes East 162 poles to a dogwood; the corner of Lot No. 2; thence South 8 degrees 15 minutes West 102 poles to a stake on the run of Turkey Swamp; thence down the run of said swamp as it meanders to the run of Six Runs Creek; thence up the run of Six Runs Creek as It meanders to the beginning, containing 90 acres, more or less. STATE OF NORTH CAROLINA COUNTY OF Robeson ACKNOWLEDGMENT 1,uL105G I Re t cyLjj. Wa l tars _ _ do hereby certify that Harvey C,, Rarki)am President of Cape Fear _ - Federal Land Bank Association, attorney -in -fact for The roderaf Land Bank of Columbia, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of The Federal Land Bank of Columbia and that his authority to execute and acknowledge said instrument Is contained In an Instrument duly executed, acknowledged, and recorded In the office of the ff ��e is er deeds of County. North Carolina, on the —$tb day of 19 �, t� CA I 1r �r executed under and by virtue of the authority given by said Instrument granting him power of attorney; that the said . Haruau r - An-4 -m acknowledged the due execution' §f tf*tgregoing and annexed Instrument for the purposes therein expressed for and in behalf of The Federal Land Bank T :Wwr*[En"Py nd and official seal, this t 8t day ofIan l� f_ I • (Official seal) ., S gnature of omm My cdinmwfon Eiipires: 1I-5-190 STATE OF NORTH CAROLINA ) ) COUNTY OF SAMPSON ) The foregoing certificate of Betty M. Walters, a Notary Public of Robeson County, North Carolina is certified to be Correct. This instrument was presented for registration this day and hour and duty recorded in the office Qf the Registrar of Deeds of Sampson County, North Carolina in Book 1/)5/ , Page . This 5 k ,,,__ day of June A.D.. 19 8 7 at M MAE H TROUBLEFIELD By: _zmlal . tin -9n, REo,4T" Or DEEDS DEPUTY A"Ops"S lacism" of DEEDS Y W � Q TOcc to a 0 ¢ W W U. a N W W � . a r f�tLfE MAit Z"' -- � V 1U:5r) ezE4n7 STATE OF NORTH CAROLINA } } DEED TO REAL ESTATE COUNTY OF SAMPSON } THIS INDENTURE, Made this the 18THday of May 19 87between The Federal Land Bank of Columbia, a corporation organized, created and existing pursuant to the laws of the United States of America, with Its principal office Iffated in Coluble, South Carolina, hereinafter called first party and arro s Foods. Inc. . hereinafter called second part y WITNESSETH: That first party for and In consideration of the sum of '"'Ten and no/100--- ($ 10. 00 - ) Dollars, and other good and valuable considerations, to it in hand paid receipt thereof is hereby acknowledged, had granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey unto second part y t he i r heirs and assigns, the following described real estate, to wit: FIRST TRACT: That tract of land containing 343 acres, more or less, known as the "J. Michael Goodson Hunter Place" In Turkey Township, Sampson County, North Carolina, approximately eight miles East of Clinton, N.C., located an State Road No. 1913 leading from N. C. Highway 24 at Elliott to Warsaw; bounded now or formerly as follows: North by the lands of J.B. Wright and the J.M. Hunter Estate; East by State Road No. 19131 South by the run of Turkey Swamp, and West by the lands of J.E. Wright, and more particularly described as followat BEGINNING at a stake in the center of State Road No. 1913 where it is intersected by the run of Turkey Creek, and runs up the run of Turkey Creek the following courses and distances: South 73 degrees West 14.2 poles; South 82 degrees West 11 poles; North 45 degrees 30 minutes West 20.30 poles; South 86 degrees 30 minutes West 10.6 poles; South 46 degrees West 11.5 poles; North 88 degrees West 4.6 poles; North 66 degrees 15 minutes West 44 poles; North 86 degrees 30 minutes West 20.5 poles; North 74 degrees West 13 poles; South 29 degrees West 13.36 poles; North 83 degrees West 29 poles; South 79 degrees West 25:50 poles; North 71 degrees West 24 poles; South 82 degrees 30 minutes West 35.20 poles; and South 57 degrees 15 minutes West 22.20 poles to a concrete stake on said run, corner of J.E. Wright; thence with the J.E. Wright line North 9 degrees 45 minutes East 3324 feet to a concrete stake; (See Schedule attached and made a part of this Deed to Real Estate for Carroll's Foods, Inc.) TO HAVE AND TO HOLD, said lands and premises together with all the privileges and appurtenances thereunto belonging or in any wise appertaining unto second part v . - the IL heirs and assigns forever. AND. first party. Its successors and assigns, does warrant and will forever defend the title to the above described property unto second part v , _the i r,,,,, heirs and assigns against itself. Its successors and assigns. lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, first party has caused these presents to be signed in its name by Its Attorney -in -Fact thereunto first duly authorised. the day and year first above written. THE FEDERAL LAND BANK OF COLUMBIA By r ISEAL} President of CAPE FEAR Federal Land Bank Association, as its Attorney -in -Fact ?repareJ 6y. faderal (Land M2nK Fl6A4M —Plc 17461 CO'i � LY.'•i,:'E : " ? � 1 '; �it�P� cTY TAX RLCujw5,;f/,� TAX ADIAN1yTRATOR a ?AI I I Cam- ti ♦ �: - V III �` �.. L_ '*• m i .... ...� .A.. '... ... �,, r , � �I k Y rq 1 `-ram V a � � � ��� ` !',' ` \ \ �,� ,, � , �, �Y - 7 ��.%: ._. .T j i ✓/ �� �1 �'•''11 4 ..� L• �7 ;',.I xr.—T'�ir'.'{1sy. i '^• # „��rl� i .� •y - - ; / ..: - � r `S?fir ��1�i •'a,� �� -,1�: '�, y�' , a .r_ . • � 11 ` '� ' y ` f I` SS �S „1 5{ a -^ '' ^zA` li` a �,agjilA' u I W. i 'A =go lop I �•. i r 1 ♦V y,�. 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