820014_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

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
April 4, 2001
MR DON BUTLER
CARROLL' S FOODS INC
PO BOX 856
WARSAW NC 28398
kT.WMAI
IT41
00
D E N R
APR 9 2001
FA: ;1TEViU_j1_=
REQ. OFFICE.
SUBJECT: Acknowledgment Receipt Letter
Case # PC 00-045
Sampson County
Dear Mr. Butler:
This letter is to acknowledge receipt of your check No. 00209497 in the amount
of $1,135.28, including S138.28 for investigative cast; received from Carroll's foods on
April 4, 2001.
This payment satisfies in full the civil assessment in the amount of $1,135.28
levied against Carroll's Foods for farm #82-14, and this enforcement case has been
closed. Payment of these penalties in no way precludes further action by this Division for
future violations.
cc:
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge Compliance & Enforcement
Fayetteville Regional Office
Enforcement/CompIiance Files PC 00-045
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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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
July 17, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ATTN: CARROLS FOODS INC.
C&MII
P.O. BOX 856
WARSAW, NC 28398
r 4
-, 0
D E H N R
RECSIVE-r"z�,
JUL 2 2 1997
FAYETTEVILL.E
REG. QEFfCE
Subject: Notice of Violation and
Assessment of Civil Penalty for
Violation of G. S. 143-215. 1 (a)(2).
C&MIIFarm
Facility #: 82-14
Sampson County
Case #: AL 97.007
Dear Carrolls Foods Inc.:
This letter transmits notice of a civil penalty assessed against Carrolls Foods Inc. in the
amount of $500.00 and a Notice of Violation. This assessment is based upon the following
facts:
A permit for this animal waste management system is required in accordance with NCAC
2H .0217 and G.S. 143-215.1.
In accordance with G.S. 143-215.10C, Carrolls Foods Inc. was notified by certified mail,
which was received on May 15, 1997, of the requirement to apply for coverage under an
Animal Waste General Permit within thirty (30) days of receipt of the notification (June
14, 1997).
No application from Carrolls Foods Inc. has been received as of July 3, 1997.
In accordance with Chapter 626 of the 1995 Session Laws (Regular Session 1996),
Section 19(c)(2), any owner or operator who fails to submit an application by the date
specified by the Department SHALL NOT OPERATE the animal waste system after the
specified date. Therefore, the existing animal waste management system is being
operated in violation of G.S.143-215.1(a)(2).
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Based upon the above facts, I conclude as a matter of law that Carrolls Foods Inc.
violated or failed to act in accordance with the requirements of G.S. 143-215. 1 (a)(2). A
civil penalty of not more than $10,000 per day 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.
Based upon the above facts and conclusions of law, I hereby assess Carrolls Foods Inc. a
$500.00 civil penalty for this violation of G.S. 143-215. 1 (a)(2) pursuant to the authority
delegated to me by North Carolina Environmental Management Commission Regulation
15 NCAC 2J .0003 and G.S. 143-215.6A(h).
If the aforementioned application is not received by the Division of Water Quality
Compliance Group office at the letterhead address within 10 days of your receipt of this notice,
you will be subject to further civil penalties of up to $10,000 for each day that the application is
late.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment, Health, and
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose 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 Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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 W. Tedder
Water Quality Section ChiefIDWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
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
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. Shannon Langley at [phone],
extension 581 or Katharine Keaton at [phone], extension 532.
Sincerely,
ZJ41
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Fayetteville Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling 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 -stared matter and does
stipulate that the facts are as alleged in the assessment document.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
19_ .

• State of North Carolina
Department of Environment, Health and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form / Survey
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
The following questions have been completed utilizing information on file with the
Division. Please review the information for completeness and make any corrections
which are appropriate. If a question has not been completed by the Division, please
complete as best as possible. Do not leave any question unanswered.
Application Date:
1. REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
Applicants initials
1. One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
2. Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is disposed;
3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does
not have a CAWMP, one must be completed prior to submittal of a general permit application
for animal waste operations.
11. GENERAL INFORMATION:
1. Farm's name:
2. Print Land Owner's name:.__Carroll's Foods Inc
3. Land Owner's Mailing address: PO Box 856
City. Warsaw NC Zip: 28398 -
Telephone Number:
4. County where farm is located: Sampson
5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy
of a county road map with the location of the farm identified): North side of SR 19Q4. 0miles east of S
Annrox. 6.5 miles east of Clinton.
6. Print Farm Manager's name (if different from Land Owner):
7. Lessee's / Integrator's name (if applicable; please circle which type is listed):
82 - 14
FORM: AWO-G-E 2/26/97 Page 1 of 3

III. OPERATION INFORMATION:
1. Farm No.:2-14
2. Operation Description: Swine operation
Feeder to Finish
8000 - Certified Design Capacity
Is the above information correct? Q yes; 0 no. If no, correct below using the design capacity of the facility
Type of Swine No_ of Animals Type of Poultry No. of Animals Type of Cattle No. of Xnimala
0 Wean to Feeder 0 Layer
0 Feeder to Finish 0 Non -Layer
0 Farrow to Wean (# sow) 0 Turkey
0 Farrow to Feeder (# sow)
0 Farrow to Finish (# sow)
0 Dairy
0 Beef
Other Type of Livestock on the farm: No. of Animals:
3. Acreage cleared and available for application: 58.00 Required Acreage (as listed in the CAWMP):
4. Number of Lagoons: 1 ; Total Capacity:
Cubic Feet (ft3)
Number of Storage Ponds: ; Total Capacity: Cubic Feet (0)
5. Is animal waste being applied on any field which has subsurface drains? YES or NO (please circle one)
6. Are subsurface drains present in the vicinity of or under the lagoon? YES or NO (please circle one)
IV. APPLICANT'S CERTIFICATION:
I, (Land Owner's name listed in question I1.2), attest that
this application for (Farm name listed in question 11.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to me as incomplete.
Signature
Date
V . MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
I, (Manager's name listed in question II.6), attest that this
application for (Farm name listed in question II.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete. -
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FORM: AWO-G-E 2/26/97 Page 2 of 3

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form / Survey
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
DIVISION OF WATER QUALITY REGIONAL OFFICES (2197)
Asheville Regional WQ Supervisor
59 Woodfin Place
Asheville, NC 28801
[phone]
Fax [phone]
Avery
Buncombe
Madison
Burke
McDowell
Caldwell
Mitchell
Cherokee
Polk
Clay
Rutherford
Graham
Swain
Haywood
Transylvania
Henderson
Yancey
Jackson
Washington Regional WQ Supervisor
943 Washington Square Mall
Washington, NC 27889
[phone]
Fax [phone]
Beaufort
Jones
Bertie
Lenoir
Camden
Martin
Chowan
Pamlico
Craven
Pasquotank
Currituck
Perquirnans
Dam
Pitt
Gates
Tyree
Greene
Washington
Hertford
Wayne
Hyde
Raleigh Regional WQ Supervisor
38W Barrett Dr.
Raleigh, NC 27609
[phone]
Fax [phone]
Chatham
Nash
Durham
Northampton
Edgeoombe
Orange
Franklin
Person
Granville
Vance
Halifax
wake
Johnston
Warren
Lee
Wilson
a
Fayetteville Regional WQ Supervisor
Wachovia Building, Suite 714
Fayetteville, NC 28301
(910) 48fr1541
Fax (910) 48"707
Mooresville Regional WQ Supervisor
919 North Main Street
Mooresville, NC 29115
[phone]
Fax [phone]
Wilmington Regional WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 29405-3945
[phone]
Fax [phone]
Anson
Moore
Alexander Lincoln Brunswick New Hanover
Bladm
Richmond
Cabames Mecklenburg Carteret onslow
Cumberland
Robeson
Catawba Rowan Columbus Peoder
Harnett
Sampson
Cleveland ' Stanly Duplin
Hoke
Scotland
Gaston Union
Montgomery
Iredeil
Winston-Salem Regional WQ Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
[phone]
Fax [phone]
Alamance
Rockingham
Alleghany
Randolph
Ashe
Stokes
Caswell
Suny
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
FORM: AWO-G-E 2/97 Page 3 of 3

OPERATIONS BRANCH - WO Fax:[phone]
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
Dec 2 '97 9'28 P.01/01
Now
C)FE F�
WATER QUALITY SECTION
COMPLIANCE ,GROUP
PHONE: [phone], extension 581
FAX NUMBER: [phone]
TELECOPY TO:�^^ 7' UP r) .S
FAX NUMBER: F �-
FROM: SHANNON LANGLEY
NUMBER OF PAGES INCLUDING THIS SKEET: r
COMMENTS
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Ago&
[DEHNR
uu
5

James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Atrn__ Don Butler
Carroll's Foods, Inc.
C &MRFarm
P.O. Box 956
Warsaw, NC 28398
Dear Mr. Butler:
ID F-=
August 1I, 1997
Subject: Remission Request of
Civil Penalty Asscssment
C&MIIFarm
Sampson County
Farm #: 82-14
AL 97-007
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 58).
Sincerely,
Robert L_ Sledge, Sul
Compliance Group
cc. " Fayetteville Regional Office w/attachments
Enforcement/Compliance
Linda Forehand w/3 attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0536 Telephone [phone] Fax [phone]"
An Equal Opportunity Affirmative Action Employer 50% recycled/10176 post -consumer paper
0

OPERRTIONS BRRNCH - WQ Fax:[phone] Dec 2 '97 9:29 P.02104
State of North Carolina
Department of Environment, 4 • •
Health and Natural Resources
Division of Water Quality — y
James B. Hunt, Jr., Governor E) FE N F1
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 11, 1997
Attn.: Don Butler
Carroll's Foods, Inc.
C&MI1Farm
P.O. Box 856
Warsaw, NC 28398
Subject: Remission Request of
Civii Penalty Assessment
C&M1IFarm
Sampson County
Farm #: 82-14
AL 97-007
Dear Mr. Butler:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility_ This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext, 581.
Sincerely,
Robert L. Sledge, Supervisor
Compliance Group
cc: ' Fayetteville Regional Office w/attachments
Enforcement/Compliance
Linda Forehand w/3 attachments
P_O. Box 29535, Raleigh, North Carolina 7.7626-0535 Telephone 919_733-5083 Fax [phone]M
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OPERATIONS BRANCH - WO Fax:[phone]
Dec 2 197 9:30 P.04/04
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF � CONIIviISSION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATIONN/ OF FACTS
FILE NO. L ` "[ Q I
Having been assessed civil penalties totalling 01 0. v o _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, A 1 hA the undersigned, desiring to seek, -emission of :he civil
penalties, does by w 've the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment docU rent.
This the day of 0, i 9 Q 0
RECEIVEQ
wG 6 1997
FACILITIES ASSESSMENT LjNIT
M
(ixtga( 404t,
TELEPHONE
q!19),�3--3 -

tRflTIl7r~1S BRttq� - WQ Fax :[phone]
j! 1 ! N
.r'"`I.
July 22, 1997
Mr. Steve Tedder
Water Quality Section Chief/DWQ
F O Box 29535
Raleigh, NC 27626-0535
Re. Notice ofviolation and civil penalty
Farm C & M II (Carroll's Foods; Inc.)
Sampson County
Dear Mr. Tedder:
Dec 2 '97 9:29 P.03104
CARROLL'S FOODS, INC.
P. o. Drawer 856 i
WARSAW, NORTH CAiiOUNA 28398
JUL 24 1997
Upon receiving the above referenced NOV (see copy of letter attached) I was alanned
because I distinctly recalled completing the permit application forms back in June. When
I pulled the record for the C & M II farm I found the permit application dated June 10, '
1997, completed but apparently not mailed_ The document in the file was the original
not a copy. I can only conclude that for some unknown reason it didn't get mailed.
Since receiving the first of the farm permit application forms in May; I have completed -
and returned twenty permit applications, all on time, all without problems. Somehow the
C & M II application didn't get in the mail.
I accept the responsibility for the C & M II permit application not getting rnailedL I ask
that you reconsider assessing the NOV and civil penalty in light of our overall track
record of regulatory compliance and our good faith attempts to have all necessary
documents to you properly completed and on time. The error here was inadvertent anid
should not reoccur.
Your thoughtful consideration of my request will be greatly appreciated.
I am enclosing the competed permit application for C & M II.
Sincerely,
on Butler
Real Estate Manager
DB/cs
Enclosure
cc: Bob McLeod
[RECENEfl
JUL 25 1997
WATI"RQUAIL Y SECTION
OPERATIONS 8RA3ICH

State of North Carolina
Department of Environment,
Health and Natural Resources &14 •
Division of Water Quality ±L1
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E F1
A. Preston Howard, Jr., P.E., Director
May 14, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods Inc
C&M H
PO Box 856
Warsaw NC 28398
Farm Number: 82-14
Dear Carroll's Foods Inc :
You are hereby notified that C&M II, in accordance with G.S. 143-215. IOC, must apply for
coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has
thirty (30) days to submit the attached application and all supporting documentation. In accordance
with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any
owner or operator who fails to submit an application by the date specified by the
Department SHALL NOT OPERATE the animal waste system after the specified date.
Your application must be returned within thirty (30) days of receipt of this letter. Failure to submit the
application as required may also subject your facility to a civil penalty and other enforcement actions for
each day the facility is operated following the due date of the application.
The attached application has been partially completed using information listed in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package_ The
signed original application, one copy of the signed application, two copies of a general location map, and
two copies of the Certified Animal Waste Management Plan must be returned to complete the application
package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Permits and Engineering Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any question concerning this letter, please call J R Joshi at [phone] extension
363 or -Ed Buchan with the Fayetteville Regional Office at [phone].
Sincerely,
„ A. Preston Howard, Jr., P.E.
cc: Permit File (w/o encl.)
Fayetteville Regional Office (w/o encl.)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]a3 FAX [phone]
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F=,-• NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NCDENRDIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
f _ DIVISION OF WATER QUALITY
JAMES S. HUNT JR.
GOVERNOR January 14, 2000
CERTIFIED MAIL
BILL "OLMAN RETURN RECEIPT REQUESTED
SECRETARY
Carroll's Foods, Inc.
Attn.: David Nordin
KERR T. STEVENS P.O_ Box 856
DIRECTOR Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820014
Carroll's Farm 2148 & CMII
Facility No. 82 -14
Sampson County
Dear Mr. Nordin:
You are hearby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 21-1.0217,
you have been found to be in violation of your 2H .0217 Permit.
On August 10, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted routine inspections of the Carroll's Farms 2148 & CM11 swine
facilities located in Sampson County. A review of the irrigation records indicated that the
Plant Available Nitrogen (PAN) rate for the fescue had been exceeded up to 115 pounds
and the small grain overseed PAN rates for the 1998-99 growing season had been
exceeded up to 28 pounds. General Permit condition 111.6.f states that "The Permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in no case
more than 24 hours following first knowledge of the occurrence of any of the following
events: (f) Overapplying animal waste either in excess of the limits set out in the CAWMP
or where runoff enters surface waters.". There were bare spots also observed on portions
of the lagoon dikes at the CMII farm.
A review of the Certified Animal Waste Management Plan (CAWMP) indicated that
the plan did not accurately reflect the amount of PAN being generated at the facility. The
amount of PAN actually generated is more than what the CAWMP is written for.
The Division of Water Quality requests that the following items be performed:
225 GREEN STREET, SUITE 714 / SYSTEL SLD• FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone]/ FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIvE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Carroll's Farm 2148 & CMII
January 14, 2000
1. Comply with the Certified Animal Waste Management Plan (CAWMP) and the General Permit when
applying waste using the correct PAN rates as specified for each crop.
2. Revise the CAWMP to accurately reflect the amount of PAN being generated at the facility. The CAWMP
should still generate a nitrogen deficit. Please enclose a copy of the new CAWMP with your response.
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 per day per violation.
This office should be notified in writing on or before January 31, 2000 at the letterhead address above as
to the actions taken or proposed to be taken to resolve these violations. if you have any questions concerning
this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at
[phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 22, 2000
Carroll's Foods, Inc.
Attn.: David Nordin
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820014
Farm #2148 and C&MII
Facility No. 82 - 14
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 29, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine fly -over of your swine facility
located in Sampson County. During this fly -over, it was observed that the facility
was irrigating and wastewater was ponding and observed leaving the spray field.
After the fly -over, a site visit was made to the facility and wastewater was observed
ponded in portions of the spray field along with a grassed waterway. Wastewater
left the spray field via the waterway and entered a woodland area adjacent to the
spray field, however wastewater was not observed discharging into waters of the
state. General Permit condition II.4 states that "Land application rates shall be in
accordance with the CAWMP. In no case shall land application rates exceed the
Plant Available Nitrogen rate for the receiving crop or result in runoff during any
given application.".
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / SYSTEL ULD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Farm #2148 and C&MII
March 22, 2000
2. Perform a more detailed and thorough inspection of the irrigation system along with spray field
conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff
of wastewater.
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.
Please notify this office in writing on or before April 14, 2000 at the letterhead as to the
actions taken or proposed to be taken to resolve these violations.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
cerel
i
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

�BIL. L.rHOLMAN
'-SECRETARY
7' :6?.,
is
z
:..� k.:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 22, 2000
Carroll's Foods, Inc.
Attn.: David Nordin
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820014
Farm #2148 and C&MII
Facility No. 82 - 14
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 March 8, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Carroll's Foods Farm #2148 and C&MII swine
facility located in Sampson County. A site visit was conducted to determine if the
wastewater that was observed on February 29 in the grassed waterway had been
removed. The facility was irrigating at the time of the site visit and wastewater was
observed leaving the waste application field. The gun cart had been pulled out,
however the cart had not been engaged at the reel. Therefore, the gun cart was not
in motion and thus allowed wastewater to pond and leave the application field.
David Nordin, a Carroll's employee, was contacted and informed of the
observations, General Permit condition 11.4 states that "Land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed
the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application.".
The Division of Water Quality requests that the following items be addressed:
1. Please explain why the irrigation equipment was not operating properly and why
the problems were not detected by farm personnel.
225 GREEN[ STREET, SUITE 714 ! SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYC1_ED/10% POST -CONSUMER PAPER

Page 2
Farm #2148 and C&MII
March 22, 2000
2. Conduct a more thorough inspection of the irrigation equipment and waste application fields
before, during, and after all irrigation events to determine that all components of the irrigation
system are working properly and that wastewater is being applied at agronomic rates to prevent
runoff or ponding.
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 525,000.00 per day per
violation.
Please notify this office in writing on or before April 14, 2000 at the letterhead as to the
actions taken or proposed to be taken to resolve these violations.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
S, ly,
c
c _
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

10 Routine _O Complaint Q Follow-up of DWQ inspection Q Follow-up of DSWC review 0 Other
Facility- Number
Date of Inspection
[ Time of Inspection L_q,Z5 _ 124 hr. (hh:mm)
Permitted Certified [3-Conditionally Certified 13 Registered JE3 Not OperationalOperationaj Date Last Operated:
//
# / T 4 - C 1V .V-- Count y del Lfi ,
FarmName. ............. ........................I...............�......................................................................... 3'.............................'...�........----.------*...............-........
Owner Name: ct✓sL I IS .....(. c ? ........................... Phone No:..................--......................................................_...........
E
FacilityContact:
......... Title: ..............................................
................. Phone No: ....................................... ............
Mailing Address:
n
P fi. A-�c
.............................................................................................................................7/.
{,
0]��
%fit:lam,.,- .....%�'{ .........................................�
........
Onsite Representative: ........
.....................................................
Integrator• .............. L i.t`2 F .�`._ ...:�::5 ...: s'..,
Certified Operator:.................
,,fC • 7
.- NL!. 1. ........
Operator Certification Number:................... ...................
Location of Farm:
..................................I..................--....-........................
............... ....... ................................ .........
....................... ..................... I .................... ...... ....... ...................
T
Latitude 0
4z
Longitude �'
�° ::
Design" Current' Design Current Design Current
Swine Ca acity Po ulation Poultry Capacity Population Cattle Ca• acity Po ulation
❑ Wean to Feeder ❑ Layer I I ❑ Dairy
❑ Feeder to Finish ❑ Non -Layer I I I[] Non -Dairy
❑ Farrow to Wean -
Farrow to Feeder J❑ Other
Farrow to Finish Total Design Capacity-.;
❑ Gilts
❑ Boars Total 5SL W . .
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Area
Holding Ponds / Solid Traps 1E1 No Liquid Waste Management System
Dischar,--es & Stream Impacts
1. Is any discharge observed from any part of the operation? [Yes ❑ No
L)ischargc ori«inated at: ❑Lagoon pray Field ❑Other
a. If discharge is observed, was the conveyance man-made:' ❑ Yes VNo
b. If"discharge is observed, did it reach Water of the State? (If ycs, notify DWQ) ❑Yes [A No
c. If discharge is observed, what is the estimated flow in-al/ruin'!
d. Does discharge bypass a lagoon system? (If yes. notify D`VQ) ❑ 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
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure'? Structure 3 Structure 4
Idcndhicr:
I-'reeb,,ard (inches t:
Structure 5
5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion,
seepage, etc.)
3/23/99
❑ Yes ❑ No
Structure 6
❑ Yes ❑ No
Continued on back

I?a . ity'Ntimber: — f Date of inspection T c,c _
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 4-5 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 maintenance/improvement?
❑ Yes
❑ No
9.
Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid 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? j� `�
141 1" V_j fit" � "" ""
❑ Yes
❑ No
b) Does the facility need a wettable acre determination? •
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination? t"n-W i `Uv-- ,
❑ Yes
❑ No
15-
Does the receiving crop need improvement?
Yes
❑ No
lb-
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?
(ie/ 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'?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
jXYes
❑ 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 Certified AWMP?
Yes
❑ No
yi6hi i6is oe aeflClenue. -were noted- diWing �hjs,vlslt' • Yoji will receive Rio fu4 tber
r - -
-corirespon neE.ahaufth' Vlstt.'.'.'.'.'.'.'.'.'.'.'.'.".'.'..'.'.'.'.'.'.'.'.'.'.'.'.'.".'.'.
Comutents'(refer to questtan #): Explain any YE5 answers and/or any recommendations or any other comtneatsyq{
Use 'drawings of facility to`better explain situations -(use additional pages as -necessary) g firir r_._,,�,
I'P5- Jr, VP 5:'[ L: zv7 thy;, . '� . ►i ti1�% L I.te :.i �.E% yZ+,,y� /11,yyZ4,7 '.�
t�:s•vt �.: �.j��`` t/tir��:.Z-•L�.t� ;-ECG C�'�4vti7 �ti� C:'-2-� w� — � % - �. �r`�-f�5 fi c:r.-�+-t�
�. Yl :lam r�,,�-�� -C�.:".,.z t..-.:�,3�r t•1,r•- � st;z �f- , f c�c� L�� I rr
n� '�tn'�+.� S r'�t' Y' i � i"� . �' ' L' LV+'1 �� � r h � �':+vi/ �37�•�t1-2, Lv
A,1J .A vt:r�c�r /!12 12�.[v1
i f�' r .. , �•I C ,n t : r.J f u ji='i�'z��3 C�t!l':..;'1� �tr��-i i c:ttiv�
rd
Reviewer/Inspector Name
Reviewer/Inspector Signature: ��, -r,�� Date:

10 Routine Q Complaint Q Follow-up of DWQ inspection Q Follow-up of DSWC review • Other
Facility Number Date of Inspection
Time of Inspection , 5 24 hr. (hh:mm)
E1 Permitted Certified [3 Conditionally Certified © Registered E3 Not O erational Date Last Operated:
!1 �` �d /q�- C'-tfi r .......................
Farm Name: .................................................. ........ County:................. .. ���.
Owner Name: c� r`7z%l l �5 t� s Phone No: /C� — cV q� -
` .:...........�....._........... r .._....._............. ....T-...........
Facility- Contact:.............................................................................. Title: ................................... ........ ..................... Phone No: ....................................
-...............
17
-Mailing Address T, X ��; .L S: t:.�,�! +X
t~ '. �R..Uc
:...... yam .. ...................................... .................... ............ .........!�` .... 1.........`...........I.................. .... .I ............
� .
Onsite Representative: ...........................................................................
� Integrator: ,,yrr��(�
.......
........................... ....•,•••...:„r.
I�tOperator Certification Number:..........................................Certified Operator:uram ,
Location of Farm:
Latitude • ��
Design«':. :Cti
Swine "Ca' act Eei i
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
Farrow to Feeder
Farrow to Finish
❑ Gilts
n Boars
Longitude E=-
Design Current
Poultry Capacity Po ulation Cattle
" ❑Layer ❑ Dairy
❑ Non -Layer ❑Non -Da
❑ Other --
= Total Design Ca0dift
Total SSLK
a
urrei
Discharges & Stream Impacts
I. Is any discharge observed from any part of the operation? O(Yes ❑ No
Discharge originated at: ❑ Lagoon j Spray Field ❑ Other
a. If discharge is observed, was the conveyance rnan-made? ❑ Yes XNo
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes qNo
c. If discharge is observed, what is the estimated flow in gal/ruin? A1/1A
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
Waste Collection R Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes N0
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure b.
Identifier: �1
AMP
Freeboard kinchesl: ..............`.._ ._ . ..........
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes []No
seepage, etc.}
3/23/99 Continued on back

�e
Facility Number: - Date of Inspection
F2 , 9 -G1)
6.
Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
❑ Yes
ENa
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
?.
Do any of the structures need maintenance/improvement?
❑Yes
[I No
8.
Dcues any part of the xaste management system other than waste structures require maintenance/improvement?
❑ Yes
❑ No
Q.
Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid 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 El No
14. al Does the facility lack adequate acreage for land application? (��ct /f ,J❑ Yes ❑ No
K) Does the facility need a wettable acre determination? etc-( �f�`j' Q �����j�ry�,l ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? '``t ❑ Yes ❑ No
G L ,�, u�
15. Goes the receiving crap need improvement? p _k❑ Yes ❑ No
16. is there a lack of adequate waste application equipment"?
/wired Records & Documents
17. Fail to have.CertiCicate of Coverage & General Permit readily available?
18. Docs the facility tail to have all components of the Certified Animal Waste Management Plan readily available?
(is/ tVUP. checklists, design, maps, etc.)
19. Does record beeping 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?
2 i. Did 010 facility fail to have a actively certified operator in charge`?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(iv/ discharge, freeboard problems, over application)
2=. Dial Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Doe,, facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
0: Nei-yi6 afiptis o� . deficiencies i� ere noted. during this:visit: • Yoir :wiil•receiye tio: tutthi!e
corres ondence. abaut, this visit.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Ayes El No
❑Yes ❑ No
❑ Yes ❑ No
Comments {refer tii"que5tti n #) Ezplatgany 1 ] answers and/or any recommendations or any other comnsentsµa� _Z_-',,r isr�
Use dratii tags of factltt} torbettcr explain situations {use additional pages as nee
essary)
iiYr� vt<�r>��.�e'oc���}/� F;�. .zr`�zt:-�'� ..�- lf�P �"}lti-�:.r�. �u� �::-��'1��,.•� � G-�zr
04, t�•�'.-wi'�(' +`� L-ll�I`L�'t.'Yl'% � �' ,{ =•l r. �
G-r�[
r3N
Revirwerllrtspectur Name
Revieu-er/Inspector Signature. ,+!t-�-� _ ["t. cam\ Date:�'t!
3/23/99

May 25, 2000
Mr. Paul E. Rawls
Regional Water Quality Supervisor
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28314
Re: Notice of Violation
Notice of Recommendation for Enforcement
Permit No. AWS 820014
Carroll's Farms #2148 & C&M II
Facility No. 82-14
Sampson County
Dear Mr. Rawls:
CARROLL'S FOODS, INC.
P. O. Drawer 856
WARSAW, NORTH CAROLINA 28398
RECEIVED
r.l .ti Y 2 b 2000
RE p�LLE
jCE
Enclosed in this letter is a list of responses to your questions from the May 8, 2000 letter. I have also included a
copy of the responses sent to Mr. Jeffrey Brown concerning the earlier events from late February and early March.
I- Our waste management employees are taught to properly apply wastewater following established
guidelines for application. At the time of the event, hard hose travelers were to be operated at speeds of
approximately b feet per minute with the operator to be at the site monitoring the spray field and spray pattern.
The employee did not follow the instructions given to him and the other employees. A three day
suspension immediately resulted. Upon reviewing the case, his employment was terminated.
The farm crew used pumps and sprinklers to disperse as much of the ponded water as possible.
2. A employee was in place to monitor the application event but did not do his job. I was with the staff
member from the Division of Soil and Water. I immediately established dams to prevent any further runoff,
requested additional staff to handle the situation and notified Mr. Jeffrey Brown.
3. The wastewater was not applied in conditions that would lead to wastewater exiting the spray field.
Operator negligence resulted in runoff (points I and 2).
The events that occurred on February 29`s and March 8"' , 2000 were the result of mechanical failure (see
letters to Mr. Jeffrey Brown dated April 13, 2000). The ponding that occurred in these events did not leave
Carroll's property nor did it impact the surface water of the state.
4. The operator in charge was Mr. Clayton S. Murphy (operator no. 18775). Mr. Murphy was in the hospital
during the May 3, 2000 time frame. David Nordin (operator no. 19860) was the operator in chargc.
5. Carroll's Foods intent is to comply with all the conditions of our General Permit.
Sincerely,
/LS�lt�ttY
David C. Nordin
[-arming Supervisor
DN:cs
Enclosures

IN
April 13, 2000
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28314
Attn: Jeffrey Brown
Re: Notice of Violation
Farm 2148 and C&M R
Facility 982-14
Date: March 8, 2000
Dear Mr. Brown:
CARROLUS FOODS, INC.
P. 0. Drawer RS6
WARSAW, NORTH CAROLINA 28398
RECEIVED
".14 Y 2 6 2000
FEGEI`TFVILLE
O. F1CC-
1. The machine had been fixed and monitored that it was operating properly. The
employee had just checked on the machine and had gone to Farm 2148 to check on
the traveler there. The employee observed Mr. Brown driving by on the highway just
after he had pulled into the farm. Waste water was being applied at proper
agronomic rate, the machine failure resulted in the ponding.
2. What little effluent that had collected was dispersed by farm personnel.
3. Lagoon levels on 3/5/00 were 20 inches and 22 inches respectively. The desire to
keep the lagoons from going above the 19 inch level was the reason for use of the
machine.
4_ The machine is not being run now.
5_ A capital expenditure request has been submitted to replace the machine.
6. Our intent is to comply with the conditic-s of our General Permit.

April 13, 2000
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28314
Attn: Jeffrey Brown
Re: Notice of Violation
Faun 2148 and C&M II
Facility #82-14
Date: February 29, 2000
Dear Mr. Brown:
CARROLL'S FOODS, INC.
P. O. Drover 856
WARSAW, NORTH CAROLINA 2839E
F?'ECEIVED
""Ay 2 6 2000
'LLE
OFFICE
1. The machine in question had a failure in the chain drive mechanism that retracts the
hard hose. Waste management employees spend a great deal of time and effort in
maintenance. As with any machine wear and use offer potential for failure which we
try to prevent.
2. Carroll's intent is to comply with our permit and rules that we are subject to.
3. Monitoring spray fields before, during and after an irrigation event is part of our
management practices.
4. We developed a portable sprinkler system and used it to spread the ponded effluent
on the areas not affected by this event in the spray field.
5. We discussed with the Complex Manager about even closer monitoring or not us111`
the machine.

RECEIVED
I I NR 2 _ 2000
10 FAYtTTEV11 LE
REG.OFFiCE CARROLL'S FOODS, INC.
P. O. Drawer 856
WARSAW, NORTH CAROLINA 28398
February 30, 2000
Mr, Jeffery Brown
DEHM
Division of Water Quality
Suite 714, Wachovia Building
Fayetteville, NC 28301
Subject: Actions taken regarding ponding at Carroll's Foods, Inc. Farm #CM H on
February 29, 2000
Dear Jeffery,
Please find listed below the actions taken on the subject farm:
1. Irrigation was stopped when farm was alerted that ponding was occurring.
2. Problem resulting in ponding was corrected.
3. Liquid in the ponded area was pumped out and applied on selected sprayfields
according to CAWMP.
4. As in all problems cases, the farm staff reviewed the activity and made plans to prevent
re -occurrence.
Sincerely,
Howard L. Hobson, Technical Specialist
Carroll's Foods, Inc.
cc. Don Butler
David Nordin

hfES•~S. F{UNT JR..
VERNOR
NORTH CAROL.INA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL. OFFICE
DIVISION OF WATER QUALITY
March 22, 2000
Carroll's Foods, Inc.
Attn.: David Nordin
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820014
Farm #2148 and C&MII
Facility No. 82 - 14
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 29, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine fly -over of your swine facility
located in Sampson County. During this fly -over, it was observed that the facility
was irrigating and wastewater was ponding and observed leaving the spray field.
After the fly -over, a site visit was made to the facility and wastewater was observed
ponded in portions of the spray field along with a grassed waterway. Wastewater
left the spray field via the waterway and entered a woodland area adjacent to the
spray field, however wastewater was not observed discharging into waters of the
state. General Permit condition 1I.4 states that "Land application rates shall be in
accordance with the CAWMP. In no case shall land application rates exceed the
Plant Available Nitrogen rate for the receiving crop or result in runoff during any
given application.".
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / 5YSTEL BLD, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX 910-486-o7O7
AN EQUAL OPPORTUNITY / AFKIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Farm #2148 and C&MII
March 22, 2000
2. Perform a more detailed and thorough inspection of the irrigation system along with spray field
conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff
of wastewater.
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.
Please notify this office in writing on or before April 14, 2000 at the letterhead as to the
actions taken or proposed to be taken to resolve these violations.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
cerel ,
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

` HIL.L HOLMAN
�'>SEGRETARY
` KERR T: 5•.TV
a�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 22, 2000
Carroll's Foods, Inc.
Attn.: David Nordin
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No: AWS 820014
Farm #2148 and C&MII
Facility No. 82 - 14
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 March 8, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Carroll's Foods Farm #2148 and C&MII swine
facility located in Sampson County. A site visit was conducted to determine if the
wastewater that was observed on February 29 in the grassed waterway had been
removed. The facility was irrigating at the time of the site visit and wastewater was
observed leaving the waste application field. The gun cart had been pulled out,
however the cart had not been engaged at the reel. Therefore, the gun cart was not
in motion and thus allowed wastewater to pond and leave the application field.
David Nordin, a Carroll's employee, was contacted and informed of the
observations. General Permit condition II.4 states that "Land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed
the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application.".
The Division of Water Quality requests that the following items be addressed:
1. Please explain why the irrigation equipment was not operating properly and why
R
the problems were not detected by farm personnel. r
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225 GREEN STREET, SUITE 714 / SYSTEL 9LD. FAYETTEVILLE, NORTH CAROLINA Z8301-5043
PHONE [phone] FAX [phone]
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Page 2
Farm #2148 and C&MII
March 22, 2000
2. Conduct a more thorough inspection of the irrigation equipment and waste application fields
before, during, and after all irrigation events to determine that all components of the irrigation
system are working properly and that wastewater is being applied at agronomic rates to prevent
runoff or ponding.
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.
Please notify this office in writing on or before April 14, 2000 at the letterhead as to the
actions taken or proposed to be taken to resolve these violations.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
S' ly,
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

,�,JAMES B HUNT
JR i;
_
�BI1.LI HOI.MAN
J
' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION! OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 8, 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 820014
Carroll's Farm #2148 & C&MII
Facility No. 82 - 14
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 21-1.0217 Permit.
On May 3, 2000, the Fayetteville Regional Office of the Division of Water
Quality was contacted by Carroll's Foods regarding the runoff of wastewater from
a spray field at the Carroll's Farm #2148 swine facility in Sampson County. This
incident was discovered during an operation review with staff from the Division of
Soil and Water. A site visit was made to the facility and wastewater was observed
ponded across the majority of one of the spray fields along within an adjacent
wooded area. General Permit condition 11.4 states that "Land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed
the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application.".
This is the third incident of this nature that our office has documented since
February of this year. All three incidents have resulted in wastewater leaving the
spray fields, and are viewed as poor management practices by employees on the
farm. On February 29, 2000, wastewater was observed ponded in a grassed
waterway along within a wooded area outside of the spray field. On March 8, 2000,
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225 GREEN STREET, SUITE 714 / SYSTEL EILD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Farm #2148 & C&MII
May 8, 2000
wastewater was once again observed leaving the spray field due to the improper operation of the
waste application equipment. Although wastewater was not observed entering surface waters as a
result of any of the three events, it is still a violation of the General Permit. General Permit
condition states I1.1 states that "The collection, treatment, and storage facilities, and land application
equipment and fields shall be maintained at all times and properly operated.".
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why wastewater was applied in such a manner to result in
ponding and eventual runoff.
2. Perform a more detailed and thorough inspection of the irrigation system along with spray field
conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff
of wastewater.
3. Please explain why wastewater continues to be applied in conditions that lead to wastewater
exiting the waste application fields.
4. Please submit the name and certification of the Operator In Charge (OIC) responsible for the
application of wastewater for the facility.
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 is considering sending recommendations for enforcement action
to the Director of the Division of Water Quality. The recommendation concerns the improper
operation of the irrigation equipment on at least three different occasions, which is a violation of
General Permit condition II.1.
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 May 26, 2000.

Page 3
Farm 92148 & C&MII
May 8, 2000
Information provided to this office and the DWQ Central Office will be reviewed and if
enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Si er y,
r
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

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 MAR 2 0 2001
Mr. Don Butler
Carroll's Foods, Inc.
Post Office Box 856
Warsaw, NC 28398
Dear Mr. Butler:
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NCDENR
NORTH CARouNA DEPARTMENT OF
ENV7RONMENT AND NAmRA RE ROES
March 16, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of Conditions of Permit
No. AWG100000
Farm # 82-14
Sampson County
File No. PC 00-045
This letter transmits notice of a civil penalty assessed against Carroll's #2148 and C&M
II farm in the amount of 51,138.28 which includes $138.28 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).
darling Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Ralei-h, North Carolina 27699-1617 State Courier #52-01-01
tr
An Equal Opportunity /Affirn atire Action Employer
50% recycled / 10% post -consumer paper
http: //h2o_ enr. state,nc. us
Location:
512 N. Salisbury St.
Ralei-h, 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.I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of.
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan 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 [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527_
Sincerely,
Kerr T. Stevens
FAVO—WE .lul ►1
cc: Rawls, Fayetteville Regional Supervisor w/ attachments
File # PC 00-045 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. AWG I00000 ) STIPULATION OF FACTS
FILE NO. PC 00-045
Having been assessed civil penalties totaling $1 138.28 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, March I6, 2001 , 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 , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL. RESOURCES
COUNTY OF SAMPSON
File No. PC 00-045
IN THE MATTER OF )
CARROLL'S FOODS, INC. )
} FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF
OF ANIMAL WASTE PERMIT ) CIVIL PENALTIES
AWG 100000 )
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 Carroll's #2148 and C&M II, a swine
operation in Sampson County.
C. Carroll's Foods, Inc. was issued Certificate of Coverage AWS820014 under
General Permit AWG100000 for Carroll's #2149 and C&M II on June 26, 1998,
effective June 26, 1998, with an expiration date of April 30, 2003.
D. Condition No. II. 4. of the General Permit requires in part that in no case shall
land application rates result in runoff during any given application.
E. On May 3, 2000, DWQ staff inspected Carroll's #2148 and C&M II and observed
wastewater runoff from a spray field to an adjacent wooded area.
F. The costs to the State of the enforcement procedures in this matter totaled
S138.28.

Ell
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. A permit is required to operate an animal waste management system by G.S. 143-
215.1. General Permit No_ AWG100000 was issued for swine waste management
systems.
C. Carroll's Foods, Inc. above -cited land application of animal waste which resulted
in runoff violated Condition No. H. 4. of General Permit No. AWG100000_
D. Carroll's Foods, Inc_ may be assessed civil penalties pursuant to ' G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
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:
in. DECISION:
Carroll's Foods, Inc. is hereby assessed a civil penalty of:
$ \ Oo o for violating Condition No. 11. 4. of General Permit No.
AWG 100000 by land applying animal waste at rates that
resulted in runoff
$ \%�oo TOTAL CIVIL PENALTY, which is Vz� percent of the
maximum penalty authorized by G.S. 143-215.6A.
S 13828 Enforcement costs
TOTAL ANJOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G_S. 143B-282.1(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;
and
(8) The cost to the State of the enforcement procedures_
(Date) Kerr T. Stevens, Director
Division of Water Quality

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