780010_ENFORCEMENT_20171231

�0- wArFRP
� -i
O -c
October 27, 2004
CERTIFIED MAIL 7001 2510 0003 8090 4480
RETURN RECEIPT REQUESTED
Mr. Jerry Trier
PO Box 759
Rose Hill, North Carolina 28458
Michael F. Easley, Governor �1
Williamm G. ROSS Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E_ Director
Division of Water Quality
Subject: NOTICE bF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Carroll's Food, Inc., Farm ##: 7576
Facility No. 78-10
Robeson County
Permit No. NCA278010
Dear Mr.Trier:
You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to apply animal waste at rates in accordance with your permit and Certified Animal
Waste Management Plan: (Permit No. NCA278010 Section 11.4)
On August 26, 2004 Division of Soil and Water Conservation personnel discovered an overapplication of PAN in
field 8-a and referred the situation to the Division of Water Quality. 439 Ib. PAN was applied to a Bermuda Crop,
which according to the CAWMP, is able to receive only 275 Ib. PAN. The result was an overapplication of 60%.
Required Corrective action for Violation 3:
If you have not already done so, take all necessary steps to insure this violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before November 15, 2004 unless another time frame is indicated below:
1. Please have the OIC for this farm include an explanation as to how this violation occurred.
2. Please have the OIC include a list of the steps that will betaken to prevent this violation from occurring in
the future.
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.
N4 ° ca lit>a
MCMra!!y
North Carolina Division of Water Quality/Aquifer Protection Section 225 Caren Std Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet h2o.enrstate.ne.us Customer Service 1-877.623-6748
An Equal OpportunitylAffirmalive Action Employer — 50% Recycla10% Post Consumer Paper

04 olk
Page 2
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett,
Environmental Engineer or myself at (9 10) 486-1541.
Sincerely,
Stephe . Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick - Compliance Group
Trent Allen — SWC, FRO
Central Files - Raleigh

Mr. Jeffery Brown
NC Dept. Of Environment & Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Brown:
CARROLL'S
FOODS , INC.
P.O. BOX 1767 -
325 McKAY STREET
LAURINBURG. NORTH
CAROLINA 28353
PH: 910 276 06Q
FAX_ 910 276 2590
June 11, 1998
RE��Iil�D
�uN 1 S 1998
REG
OFFICE
SUBJECT: RESPONSE TO NOTICE OF DEFICIENCY
Farm #7576
Registration No. 78 - 10
Robeson County
This is in response to your May 7, 1998, visit to Carroll's Farm 7576. The areas
being addressed are:
1. Lagoon Levels: As the hay is cut and removed, we are following with an
application of waste fertilizer. The present level is at the start pumping line.
2. Surface Water: We will work on a grass waterway to remove surface water at Soil
Conservation Service's convenience. The water is not on the land now.
3.. Detailed Inspection: Our spray operator will check the -farm for possible run-off
from the farm more freauently even if not pumping on the farm. The new farm
manager has been made aware of the importance of eliminating any overflow.
If -you have questions or need additional information, please let me know.
Sincerely,
CARROLL'S FOODS, INC.
64k_ xti�
Leslie Stutts
Farming Manager
LS/mb

1•�
NCDENR .
' r y sA
o" JAMES B. HLINTJR.7�
i 'ViATNE 1 r_DL-vf7T •:Y�_ 1�).
s6CRETARY-r3:',�. S
_:,,` 1 _ �}q,• m� �.-fit
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 13, 1998
CER'TIFTED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods, Inc.
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: NOTICE OF DEFICIENCY
Farm # 7576
Registration No. 78 - 10
Robeson County
Dear Mr. Stutts:
On May 7, 1998, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted an inspection of Farm #7576 located in Robeson County.
It was observed that the facility's waste lagoon was in the emergency storage level
(17 inches) according to the marker. One area of the spray field was standing in
surface water and another area did not have any crops where water had stood
during winter months_ The inspection revealed that there was waste in the surface
water diversion ditch. A flush tank had malfunctioned the day before and waste
had flowed down beside one of the buildings entering into the surface water
drainage pipe according to the farm manager. The waste was contained at the
point of entry due to a large hole which prevented it from flowing down the
diversion ditch. As a result, waste was backed up in the drainage pipe. Once the
problem was discovered by the inspector, a farm technician used a sump pump to
pump the waste into the lagoon to prevent it from reaching surface waters of the
state.
In regard to the deficiencies noted during the inspection, the following actions
are requested -
Lower the lagoon level to the required freeboard on a suitable waste application
field as soon as weather permits.
228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Carroll's Foods, Inc.
May 13, 1998
2. Consult with a technical specialist or the soil conservation service for assistance in developing a
solution in which the surface water can be drained off the irrigation fields so that crops can be
reestablished in these areas.
3. Due to this event, a more detailed and thorough inspection of the entire farm needs to be carried
out on a routine basis to prevent further discharges from occurring. This activity should include an
inspection of all drains and discharge pipes along with any aspect on the farm dealing with waste
management_
Please provide a written response to this office on or before June 5, 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,
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co. MRCS

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 17, 2000
GEBBFIED MAML
RETURN RECEIPT REQUEST
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Drawer 856
Warsaw, NC 28398
FAYETTEVIL.Lfi REGIONAL OFFICE
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc.
Facility No. 78 -10
Permit No. AWS780010
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 I11.6.e, that the freeboard
Ievel of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 18 inches. General Permit condition V.3 states that'The maximum
waste levet in IagoonsWDrage ponds shall not exceed that specified in the CAWMP. At a minimum,
maximum waste level for lagoonststorage ponds must not exceed the level that provides adequate
storage to contain the 25 year, 244hour storm event plus as additional 1 foot of structural freeboard.'.
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in wrung 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 detemftng I 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 fie. If you have any questions
concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Ed Holland - Robeson County NRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301 -SO43
PHONe [phone] FAX [phone]
AH EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

■ 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 maiipiece,
or on the front if space permits.
1. Article Addressed to:
Howard -Hobson
Carrolls Foods Inc
Po Drawer 856
A. Rece try (Please Print Clearly) .kla. ;`1 D livery
'Deeds Shera) j � 2oj0iD
C. Signature 44� ]�(p� }�
X N16V'`"' "gyp, ❑ Agent
t7rL✓ ❑ Addressee
D. Is delivery address different from Rem i? ❑ Yes
If YES, enter delivery address below: ❑ No
2�ZZ WG 2,4-Weor
Warsaw NC 28398 3. Service Type
EWertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. r ic16O 988 (Copy
Number from Service label)
.
PS Form 3811. July 1999 Domestic Return Receipt 102595-99-M-1789

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
.lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Leslie Shitts
Carroll's Foods, Inc.
P.O. Box 1767
Lawinbu g, NC 28353
Dear Mr. Scotts:
Air, �
IDEEHNF;Z
DIVISION OF WATER QUALITY
April 7, 1997
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods Swine Facility 7576
Registration No. 78 -10
Robeson cry
On April 7, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Carroll's Foods swine facility a# 7576. It was observed that animal
waste from the facility was ponding in the waste application field adjacent to the woods with
some run-off occurring into the woods. The inspection revealed that waste was being applied
to a saturated field resulting in run-off and ponding and that the operator was not monitoring
the facility as required to prevent this condition. The ponding had been occurring for an
extended period of time as determined by the vegetation. It was later determined during the
inspection that waste material did not enter waters of the State and waste did not leave farm
property -
Please notify this office in writing on or before April 25, 1997 at the address below as to
the actions taken or proposed to be taken to resolve this deficiency. Nothing in this lettea
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 Ed Buchan or Bob Heath, at [phone].
Sincerely,
�S::Z4 �
Kerr T. Stevens
Regional Sqx rvisor
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Ed Holland - Robeson Co. MRCS
Wachovia Building, Suite 714, Fayetteville 4r�� FAX [phone]
North Carolina 28301-5043 N4 Cr C An Equal Opportunity Atiirrna ive Action Employer
Voice 910486-1541 1 50°x6 recycled/ 10% post -consumer paper

Roatine O Complaint C Follow -u of DI#Q in edion O Follow-up of DSWC review O Outer
Date ofbspeetlon -yr
FadtEtl► Nnaba• S a nme of inspection .. ,��' IIat u ltr. d.
arm Shins: �k.�Lr�.r✓ Total 3fine (in boors) Spent aaRevfew L� J
or Inspection (lndndes travel and prong)
Farm Name: 7 t qty;
�7 �,, � v
•Owner Name: ur7I�JCO�/� �[Jc+r/ice l+y �� .i..i N-.-
Halling Add!'ess: . O f/'CD^ /�� _ _�W Q/C A(� /� w
Ondte Represeatitive:
T"
cowa operstai: `r~� opemW Ca oa Nue &1r.
Location of Farm:
Ltitode r-�•0` r-�� Longitude �• �� `I�=
13- Not operationsd Date Lmt Operated:
Type of Operation and Design Capacity
��Srrie40
e�..« Numberr .,��3!`Namber� a : _ Number,
Wean to Feeder:Law3
Feeder to Finish § N Beef
Farrow t0 Wean
FmTw- -to Feeder 60M JV '
Famw to Fina z C] Oths 7YPc ofL Dx
-x'`rX�,,,'�"�`+r. �'�=+"rsr# .ti7��,��.ti.�S ?v:•. �$� ��?=�'^.,6A�"'^,-�i":.`�r��^,-t•�e' �'; ;'�'�'C, .:tw''',;,, e -F, �
1iQmber of Loons Io1d Panels / Subsurface Drab Present
:- Lagoon Area SpFidel Am
FIV�IWM
..:z
1. Are there say buffers && nerd
2 Is my discbarge ob=vW lram way part of the opesofim?
a If discharge is observed, was the camiveymm nuc?
b. If discharge is observed, did it me& Surface Water? (If yea, notify DWQ)
G If dischup is observed, what is the flow in g:ll/min?
d. Does discbwp bypass a lagoon system? (If yes. notify DWQ)
3. 8 them evidence of past discharge Sam any part of the opcmd m?
4. was there my adverse impacts to the waters of the State other than fi= a dW:Iwp?
S. Does any past of the waste management system (other than lagoonsUlding ponds) uRabe
E3 Yes It No
1.0 Yes RNo
13 Yes JQ No
13 Yes 19 No
E3 Yes eRNo
D Yes &No
E3 Yes Wo
13 Yes 74 No

Is S cIty not in compliance with any applicabie seftck criteria?
7. Did the facility fail to have a certified operator is rcq o='ble charge Cif inspection after 1/lIM?
& Are there lagoons or storage ponds on site which need to be properly closed?
structures (Lagoons and/or Holding Poads)
9. Is sm:ctural fieeboard less than adequate?
Freeboard (ft): Lagoon 1� Lagoon 2 Lagoon 3 •
El Yes 19 A"o
D Yes 0 No
13 Yes IN No
❑ Yes 99 No
Lagoon 4
10. is seepage observed from any of the structures? ❑ Yes KNo
11. Is cosison, or any other threats to the integrity of any of the structures observed? ❑ Yes -allo
12 Do any of the structures need ❑ Yes ® No
(If any of questions 9-1I was answered yes, and the situation poses an
immediate public health or enVironmental threat, notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels? ❑ Yes ,® No
Waste Anvlication
14. Is these physical evidence of over application? Yes ❑ No
_(If in excess of WW, or runoff entering waters of the State, notify DWQ)
15. crop type
lb. Do the active crops differ with those designated in the Animal Waste Managemcat Plan?- ❑ Yes No
17. Does the facility have a lack of adequate acreage for laud application? E3 Yes RNo
18. Does the cover crop need bnprovement? 0 Yes R) No
19. Is there a lack of available irrigation equipment? 13 Yes IRNo
]'or Certified Facilities Oniy
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily evarilable? 0 Yes ;'No
21. Does the facility fail to comply with the Animal Waste Management Plan in any gray? ❑ Yes JM No
22. Docs record keeping need improvement? ® Yes ❑ No
23. Does facility require a follow up visit by same agency? -Yes 4M No
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator is ebarge? ❑ Yes ta No
Catrimeais'(refer togssestian #} Exglara airy YES answers andlor mmons or,' othez coeats`
TJseLdraw}ngs of fatty tc better explarii �rtuan ore:. Luse addrhormai pages as necessary), :.
Alf s /V %,Ad4JE ��✓l!� fl7io.5C'.L` 1J .�A� �o�i✓.E.r� �„Lvra G -.f d ��'� .
Reviewcrllnspectei Name
Reviv`erMspettor Signature:
Dale:
L :7i
Division of !rater Quality, Water Quality
Section, Facility
,4n, rsmsnt Unit
ft

State of North Carolina
Department of Environment,
Health and Natural Resources 1 •
Fayetteville Regional Office f
James B. Hunt, Governor p E H N R
• Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
April 7, 1997
RETURN
Mr. Leslie Stotts
Carroll's Foods, Inc.
P.O_ Boa 1767
Laurinburg, NC 28353
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods Swine Facility 7576
Registration No. 78 -10
Robeson County
Dear Mr. Stutts:
On April 7, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Carroll's Foods swine facility # 7576. It was observed that animal
waste from the facility was ponding in the waste application field adjacent to the woods with
some run-off occur ing into the woods. The inspection revealed that waste was being applied
to a saturated field resulting in run-off and ponding and that the operator was not monitoring
the facility as required to prevent this condition. The ponding had been oecmrring for an
extended period of time as determined by the vegetation. It was later determined during the
inspection that waste material did not a waters of the State and waste did not leave farm
property -
Please notify this office in writing on or before April 25, 1997 at the address below as to
the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter
should be taken as absolving this facility of the responsibility and liability of any violations
that have or may milt from these deficiencies. If you have any questions concerning this
matter, please call Ed Buchan or Bob Heath, at [phone].
Swenely,
Kerr T. Stevens
Regional Supervisor
cc: Operations Branch
Central Files
Audrey Oxendme - FRO DSW
Ed Holland - Robeson Co. MRCS
Wachovio Building, Scute 714, FayettevMe FAX [phone]
North Carolina 28301-5043 NOC An Equal Opportunity Affirmative Action Employer
Voice 91GAW1541 50% recycled/ 10% post -consumer paper

Routine O Co faint O FODOW-UP of RM in anon O Follow of DSWC review O Otber
Date Oflgeelion
FaeiSiy Number 6 a UM of Inspection Use U hr. am
Farm States: GA..40 e4. ' I Totd Time (in boars) Spent wAniew
or Inspection (includes travel and proeesduo �J
Farm Name: 7,<— 7L
`Owner Name: �,ercv� � -f r �- Phone NO: 1 2 —
Affalling Address: O . .E.e �`�� !•% ... jll L ,Z �3
onsite Represenfstive: rA lCJl -"� inte�amr: Cate
c�lsed operrtor: I f �"r Operator coon Number:
Location of Fsrm:
fdr /,s' A, S9 13:11 AL
Cathode Q• Q• r�-...J Longitude �• 0` 0
rU Not 2eerational Date Last Operated:
Type of Operation and Design Capacity
<;� � �"°'>��„�'� y<ra �.«i. $g`..e� "``•- � � ,Is � ,� ��"�L'.......
�S x Number►� altiY�`Nuaiber. :.3Cat8e a�3�omber
Wena to Feeder Dairy
Feeder to Finish N Beef
L
Farrow to Wean'
Farrcyw to Finish lu Othe:'Ijrpe of iavestccic
.a`•�z'k-a'�5:�.-'�."a3`.�:^«'�ryj:?�r, .!.l Fr'�`}a .� s� �'.:'��«�. .�.. 4.��..,. c� .:�'z3°". cr,.4?�E.�','4's ,�y�c'•,4 �'-.." .a'j'.. :.y :1 .x•a..
%KkNJu6iii oiia-oons J.Haldisg Paads / _ ` - Subsnrfue Drains Present
.�»
.�
Lagoon 10 Spray Field Mea
S.
1. Are there any buffers that need emceJimrprrnrenrooC? O Yes It No
2 Is any discharge observed lig any part of the operstitm? ® Yes PNo
& If discharge is observed, was the eamneyanee nye? 13 Yes No
b. If discharge is observed, did it reach Surface Wates! (If yes, notify DWQ) 13 Yes 19 No
c. If discharge is observed, what is the estimated flawv in pftin?
d Does discharge bypass a lagoon system? (If yea, notify DWQ) 13 Yes )RNo
3. Is there evidence of hart discharge Som any part ofthe opcmdon? E3 Yes P$ No
4. Was dwre any adverse impacts to the waters of the State odw than frown a diseTnQgc? E3 Yes Wo
3. Does any part of the wan mmagemcnt system (other than lagomsUlding ponds) require ❑ Yes No

6. Is facOrty not in co;nplisnce with any applicable sdbarJc criteria? _ D Yes ® No
7. Did the facility fail to have a cen fled operator in nsponsible cbwge (if inspection aster i/U99)? D Yes No
& Are there lagoons or storage ponds on site which need to be property closed? E3 Yes ® No
trnrtnres [i.&Mns,and/or Holding P$nds)
9. Is atrucdual fteboard less than adequate? E3 Yes 99 No
Freeboard (ft): lagooI ;� Lagoon 2 Lagoon 3 ' Lagoon 4
10. Is seepage observed from any of the strueNres? ❑ Yes 19No
11. Is erosion, or my other threats to the integrity of any of the structs= observed? [] Yes RNo
12. Do any of the sisuc am need ❑ Yes ® No
(If ;any of questions 9-12 was answered yes, and the situation poses an
immediate public health or enVirenmental threat, notify DWQ)
13. Do any of the atructua'es lack adquate markers to identify start and stop pumping levels? ❑ Yes ,® No
Waste Application
14. Is there physical evidence of ova application? Yes ❑ No.
.(If in excess of WW, or runoff entering waters of the State, notify DWQ)
is. Crop type '�-
16. Do the active crops differ with those designated is the AninP3 Waste Management Plan? ❑ Yes X) No
27. Does the facility have a lack of adequate acreage for land application? E3 Yes RNo
18. Does the cover crop need improvement? 0 Yes IW No
19. Is there a lack of available irrigation equipment? 13 Yes ® No
For Certified Facilities Only
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily avmlable? © Yes WNo
21. Does the facility fail to comply with the Animal Waste Management Plan in any way? E3 Yes JM No
Y
22. Does record keeping need improvement? ® Yes ❑ No
23. Does fitciiity require a follow-up visit by same agency? :-Yes IM No
24. Did ReviewaAhspectar fail to discuss mmnew/mspecdon with owner or opastor in cltaege? ❑ Yes IRNo
�;(iefa W question #l) sEicplain azryYFS answers aadlorsaiy.recommendations araay.othes aomnts` r ti.
..r�.. .... `"M .. --. .. c�' .».:- - ..a..x-.
'��/ r.e�+pSf�- ,g�,O�i �O �! fi%.�v B.✓ Sp a� .t7 -E Q� � u I %7 �Drri�
c
49
Reviewer/1nspett4r Name
ReAwer/lnspector Signature: __.-�x� w Dais �� z
DtWsion of ii'wer Quality, Water Quality SaWon, Fariliry ASIeerme-t Ui,u