780009_ENFORCEMENT_20171231

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Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
1Ra� Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods Inc
PO Box 759
Rose Hill NC 28458
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
7579
#78-9
Robeson County
Dear Sir or Madam:
� R !2 3 2003
On March 7, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on May 29, 1997. In addition to this Notice of Violation (NOV), this non-
compliance is subject to an appropriate enforcement action by DWQ. This action can consist of
one or more of the following: a civil or criminal enforcement action; an injunction; and/or a
requirement to apply for coverage under an individual permit. The action chosen will be based
on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken
to restore the needed freeboard; and the actions being proposed to prevent the problem from
reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address. Telephone [phone]
1-B77-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/ Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpY/h2o. enrstate.nc. us
ITKW
NCDEIR
Location:
512 N. Salisbury St
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
4� - / 4V,�_
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

W A ] �cRQ
Michael F. Easley, Governor
SOF
William G. Ross Jr., Secretary
0
r
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 22, 2003
Carroll's Realty Partnership
PO Box 759
Rose Hill, NC 28458
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
7579
78-09
Robeson County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
INC1]E�;
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled 110% post -consumer paper
http:llh2o.enr. state. nc.us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
S' ere ,
t
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 78-09
Non -Discharge Compliance and Enforcement Unit
Central Files

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 15, 1998
CERTIFIED MAD.
RE RN RECEIU REQUESM
Carroll's Foods, Inc.
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: NOTICE OF DEFICIENCY
Fane # 7579
Registration No. 78 - 9
Robeson Courcy
Dear Mr. Stutts:
On September 14, 1998 the Division of Water Quality at the Fayetteville
Regional Office received a Notice of Referral from the Division of Soil and Water
regarding Faun #7579 located in Robeson County. On September 18, 1998, staff
from the Fayetteville Regional Office of the Division of Water Quality conducted
an follow-up inspection of Farm #7579. It was observed that the facility's waste
lagoon was in the emergency storage level (17-18 inches) according to the
marker. However, the lagoon contained only 13 inches of freeboard when an
inspector with Division of Soil and Water conducted an operation review the weep
before. It was also noted from a review of the irrigation records that one pull of
coastal bermuda had been over applied on by 24 pounds of nitrogen.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Continue to lower the lagoon level to the required freeboard on a suitable waste
application field as weather permits.
2. Comply with the Certified Animal Waste Management Plan (CAWMP) when
applying waste using the correct PAN rates as listed for each crop depending on
the soil types for the field.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX 91 O-486-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Carroll's Foods, Inc.
October 15, 1998
_ Please provide a written response to this office on or before November 13, 1998 at the letterhead
address as to the actions taken or proposed to be taken to resolve these deficiencies. Nothing in this
letter should be taken as absolving this facility of the responsibility and liability of any violations that
have or may result from these deficiencies. If you have any questions concerning this matter, please
call Jeffery Brown, at [phone].
Sincerely,
4�*Oe Ae'xr��
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co. NRCS

® Roritine O Complaint O Follow-up of DNVQ inspection O Follow-up ofDSWC review O Other
Facility Number 7S
Farm Status:
Date of Inspection
Time of Inspection : L- 2 - -OV _j Use 24 hr. time
Total Time (in hours) Spent onReview
or Inspection (includes travel and processing)
Farm Name: �i%�%li 7�' 7 Connty:
Owner Name.. �,� ��r� a ar—�Cj' _ Phone No: Ll
Mailing Address: G °Z
Onsite Representative: Integrator:
Certified Operator- i - Operator Certification Number:
Location of Farm:
Latitude • 4 Longitude a 9
3 not Operational Date Last Operated:
Type of Operation and Design Capacity
y
c
Swlrte i * yNumberhPDultry dx , ✓3e`" »sg s
.C�R
� aitIe,�, $ umber,
Wean to Feeder 10 LAWj
Feeder to Finish ❑ Non y e ❑ Beef
Farrow to Wean
Farrow to Feeder`"' K,k.
Farrow to Finish 2-0-0 ❑ Other Type of Livestock
Number-otLagoons°IHal�ng Ponds Subsurface Drains Present
Spray Fieid Area
General
1. Are there any buffers that need maintenance/improvement?
I Is any discharge observed from any part of the operation?
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gaVmin?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Was there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoonstholding ponds) require
maintenanceri nprvvement?
❑ Yes ONO
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes
Q No
❑ Yes
(fNo
❑ Yes
0 No
❑ Yes
0 No
Condnued on back

b. Is facility not in compliance with any applicable setback criteria?
7. Did the facility fail to have a certified operator in responsible charge (if inspection after 111/97)?
S. Are there lagoons or storage ponds on site which need to be properly closed?
Structures a oohs and/or Holdin Ponds
9. Is structural f ceboard less than adequate?
Freeboard (&): Lagoon 1 Lagoon 2
�9 "/
10. is seepage observed from any ofdw structures?
11. Is erosion, or any other threats to the integrity of any of the suvaures observed?
12. Do any of the structures need mainteuancelunprovement?
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
Lagoon 3
13. Do any of the structures lack adquate markers to identify start and stop pumping levels?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15- Crop type �9 .d �Rh• O.q
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
17. Does the facility have a lack of adequate acreage for land application?
I& Does the cover crop need improvement?
19. is there a lack of available irrigation equipment?
For Certified Facilities Only
20. Does the facility fail to have a copy of the Animal Waste Management Pian readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
23. Does facility require a foIlow-up visit by same agency?
24. Did Reviewer/Inspector fail to discuss mview/mspection with owner or operator in charge?
❑ Yes P No .
❑ Yes ® No
❑ Yes 0 No
❑ Yes ® No
Lagoon 4
IM Yes ❑ No
❑ Yes . ®No
❑ Yes ® No
❑ Yes )3 No
❑ Yes 0 No
❑ Yes ® No
❑ Yes ®No
❑ Yes ® No
❑ Yes 0 No
❑ Yes ® No
❑ Yes W No
® Yes ❑ No
❑ Yes ® No
❑ Yes JU No
Comments (refer to question #)' Explaun any YES answeis "and/orrecommendations orany other coirm3eata t
Use drawings of facility;to bet[er explain situations �{�sc addmanal.pa&es as nom) �� ¢`�mm��' � , .� k � e�. z
.Q
M
46
rw.W?
7
Date:
W
Reviewer/inspector Name aY
M
rw.W?
Reviwer/Inspector Signature:
Date:
ce. Division of Water Quality; Water Quality Section, Facility Assessment Unit
ft

*3V,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 15, 1998
CERTWIED MAII.
RETURN RECEIPT REQUESTED
Carroll's Foods, Inc.
P.O. Box 1767
Laurinburg, NC 28333
SUBJECT: NOTICE OF DEFICIENCY
Farm # 7579
Registration No. 78 - 9
Robeson County
Dear Mr. Stutts:
On September 14, 1998 the Division of Water Quality at the Fayetteville
Regional Office received a Notice of Referral from the Division of Soil and Water
regarding Farm #7579 located in Robeson County. On September 18, 1998, staff
from the Fayetteville Regional Office of the Division of Water Quality conducted
an follow-up inspection of Farm #7579. It was observed that the facility's waste
lagoon was in the emergency storage level (17-18 inches) according to the
marker. However, the lagoon contained only 13 inches of freeboard when an
inspector with Division of Soil and Water conducted an operation review the week
before. It was also noted from a review of the irrigation records that one pull of
coastal bermuda had been over applied on by 24 pounds of nitrogen.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Continue to Iower the lagoon level to the required freeboard on a suitable waste
application field as weather permits.
2. Comply with the Certified Animal Waste Management Plan (CAWMP) when
applying waste using the correct PAN rates as listed for each crop depending on
the soil types for the field.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTN CAROLINA 28301-5043
PHONE [phone] FAX 914-48B-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Carroll's Foods, Inc.
October 15, 1998
. Please provide a written response to this office on or before November 13, 1998 at the letterhead
address as to the actions taken or proposed to be taken to resolve these deficiencies. Nothing in this
letter should be taken as absolving this facility of the responsibility and liability of any violations that
have or may result from these deficiencies. If you have any questions concerning this matter, please
call Jeffery Brown, at [phone].
Sincerely,
//6 A4��
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co. NRCS

•
Jeffery Brown
Environmental Engineer
North Carolina Department of
Environment and Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Brown:
CARRO11:S FOOD S, INC.
Box 1767 • 325 McKay Street
Laurinburg, North Carolina 28353
PH: 9101276-0648 FX: 910/276-2950
November 12, 1998
SUBJECT: RESPONSE TO DEFICIENCY
Farm 7579
Facility No. 78-9
Robeson County
RECEi'VED
NOV 2 5 1996
FAYETTEviLLE
REG. OFFICE
The day that you and I went to the above mentioned farm following the referral, we were
pumping this lagoon. Since that date, we have continued as agronomic rates will allow to drop
the lagoon. As of November 6, 1998, we were between the second and third horizontal pipes on
the marker or around 35 - 37 inches. We will continue through the winter months to maintain
these lagoon heights as weather and time will allow. The pull that was overapplied by 24 pounds
was deducted from winter grass and then flagged out of use until spring grasses.
If you have any questions or concerns, please contact me at [phone].
Sincerely
C�14'
Leslie Stuffs
Farming and Waste Manager
Laurinburg Division
sd

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
March 17, 2000
QERTIEIED MAIL
RET RN RECEIPT REQUESTE
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Drawer 856
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc.
Facility No. 78 - 9
Permit No, AWS780009
Robeson County
Dear Mr. Hobson:
On January 31, 2000, you or staff from your farm notified the Fayetteville Regional Office
of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard
level of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 17 inches. General Permit condition V.3 states that 'The maximum
waste level in lagoonslstor-age ponds shall not exceed that specified in the CAWMP. At a minimum,
maximum waste lend for lagoonslstorage ponds must not exceed the level that provides adequate
storage to contain the 25 year, 24-hour storm event plus as additional 1 foot of structural freeboard.'.
The Division of Water Duality will take no further action for this reported incident at this
time. However, you are asked to please no* this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. It will also dose this event out within your file. If you have any questions
concerting this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
oc. Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Ed Holland - Robeson County NRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROL INA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

of
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to.
Howard Hobson
Carrolls Foods Inc
Po Drawer 856
Warsaw NC 28398
A. Recei by (Please Print Clearly)_�3. ^' f D
A.
She von � kr2
C. Signature
Q? , p_
❑ Agent
X NAd"
❑_Addre
D. Is delivery address different from item 17
❑ Yes
S YES, enter delivery address below:
❑ No
2�2Z MC 2$Weor
3. Service Type
1jr,ertiiied Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Cop from service labeO
Z 160 8-524
PS Form 3811. Juiv 1999 Domestic Return Receiot 102595-99-M-1789