830006_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua

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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
7573
#83-6
Scotland County
Dear Sir or Madam:
Michael F. Easley
Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
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2 3 2003
On March 6, 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 5, 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
CDENR
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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,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

June 28, 1999
Jeffrey Brown
Environmental Engineer
NC Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
RECEIVED
JUL 6 - 1999
FAYETTEVILLE
REG. OFFICE
CARROLE'S FOOD S, INC.
Box 1767 • 325 McKay Street
Laurinburg, North Carolina 26353
PH: 91 012 76-064 8 FX: 910276-2950
SUBJECT: RESPONSE TO VIOLATIONS
Farms 7768, 7685, 7573
7574, and 7171
Dear Mr. Brown,
Farm 7768, 83-17, has a waste management plan to spray on cotton which is only two
hydrants. The rest of the farm is coastal and overseed. The lagoon dike vegetation will be
repaired by seeding common Bermuda and millet this summer. The drainage of the low spot can
be repaired at this time also. We maintain the records for the farms in our main office. Mr.
Oxendine picked up an older pian without realizing we had the revisions in place.
Since your visit we have made the call when our lagoon was at the top pipe. I hope in the
future we won't have to make this call at all. We do check our equipment before, during, and,
after application. They are supposed to leak some to cool the packing.
Farm 7685, 77-7, was planted in Matua and was checked and verified by our area
extension agent who also did our revision to the plan in December. The problem we had with
entering the records has been corrected. It was doubling the hours on the hydrants.
Farm 7573, 83-6, the lagoon has been mowed as close as possible without tearing up our
equipment. We will contact the farm manager and let them know about the syringes and the
bottles. The waste analysis was updated March I, 1999 with very little change on all of the
farms in this division. The field that was in preparation to be planted was planted and we are
trying to keep it mowed to slow the competition to get a stand. We hope to not have to call about
a lagoon height in the future, but should it happen, we will follow procedures.

Farm 7171, 83-19, since your visit we have mowed and bulldozed any trees to close to
the toe of the lagoon plus we have fixed any washes on the lagoon dike. We have sprigged the
field in front and are keeping it mowed to allow the spriggs to take hold. We updated the waste
analysis on March 1, 1999 and have since taken more samples. We will monitor our equipment
during operation more closely.
Farm 7574, 83-7, when we finish the farm we are on right now, we will repair the bare
spots and vegetation on the lagoon dike. We changed the waste analysis on March 1,1999 and
have since taken more samples.
Thank you for helping point out the areas we need to improve on. I have a question and
would appreciate a response. What tipped over the scales to go from a deficiency to a violation?
A lot of the items found seemed to have carried more weight than in the past.
If you have any further questions or concerns, please contact me at 910-276-2172 ext.
432.
Sincerely,
Leslie Stuffs
Farming and Waste Manager
Laurinburg Division

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
DIVISION OF WATER QUALITY
August 18, 1999
Carroll's Foods, Inc.
Attn.: Leslie Stutts
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: EXPLANATION OI' VIOLATIONS
Fauns 7768, 7685, 7573, 7574, & 7171
Dear Mr. Stutts:
This letter is in regards to the letter you sent addressed to me on June 28,
1999, regarding the Notice of Violations that the above farms received following
inspections by our Division. First of all, I would like to take the time to clarify
a few items:
f. I fully understand that an irrigation pump is designed in such a manner that the
packing is cooled by the dripping of wastewater. However, it was evident that the
irrigation pump on Farm 7768 was not working properly at the time of the site
visit. Wastewater was leaking at a steady rate causing substantial ponding on the
lagoon dike. Although I did not actually observe the pump in operation at Farm
7171, there was evidence to indicate that the same problem was occurring on this
facility.
2. The General Permit clearly states that the CAWMP shall be readily available
at the farm, not the main office.
3. It is our responsibility as inspectors to evaluate the waste application fields to
determine if the correct cropping patterns are in place as specified in the
CAWMP. If the present crop, whether it was planted or simply volunteered, is
different from that which is specified in the CAWMP, then the facility is not in
compliance with the CAWMP-
P.O, BOX 29535, RA!_EIOH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
DIVISION OF WATER QUALITY
August 18, 1999
Carroll's Foods, Inc.
Attn.: Leslie Stutts
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: EXPLANATION OI' VIOLATIONS
Fauns 7768, 7685, 7573, 7574, & 7171
Dear Mr. Stutts:
This letter is in regards to the letter you sent addressed to me on June 28,
1999, regarding the Notice of Violations that the above farms received following
inspections by our Division. First of all, I would like to take the time to clarify
a few items:
f. I fully understand that an irrigation pump is designed in such a manner that the
packing is cooled by the dripping of wastewater. However, it was evident that the
irrigation pump on Farm 7768 was not working properly at the time of the site
visit. Wastewater was leaking at a steady rate causing substantial ponding on the
lagoon dike. Although I did not actually observe the pump in operation at Farm
7171, there was evidence to indicate that the same problem was occurring on this
facility.
2. The General Permit clearly states that the CAWMP shall be readily available
at the farm, not the main office.
3. It is our responsibility as inspectors to evaluate the waste application fields to
determine if the correct cropping patterns are in place as specified in the
CAWMP. If the present crop, whether it was planted or simply volunteered, is
different from that which is specified in the CAWMP, then the facility is not in
compliance with the CAWMP-
P.O, BOX 29535, RA!_EIOH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTON EMPLOYER - 50% RECYCLE0110% POST -CONSUMER PAPER

Page 2
Carroll's Foods, Inc.
August 18, 1999
In response to your question, anything that is a violation of the CAWMP or the General Permit is
considered to be a violation. Therefore, anything that would be noted on an inspection form is
technically considered a violation of either the CAWMP or the General Permit. However, it will
always be left to the discretion of the inspector as to what letter (NOD or NOV), if any, is issued to
a facility. We as inspectors are looking more closely at facilities to see if all conditions of the
General Permit are being followed. Certain conditions in the General Permit are more important
than others, however the facility has to abide by all permit conditions. The requirement to report any
of the emergency items outlined in section 6 of the General Permit should always be considered
some of the most important conditions.
If you have any questions concerning this matter, please do not hesitate to call Jeffery Brown,
at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
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1- ❑ Addressee's Address
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delivered and the date
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3. Article Addressed to:
4a. Article Number
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P 154 616 996
Leslie Stutts
4b. Service Type
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Carroll r s . Foods .Inc
❑ Registered certified
PO Box 1767
❑ Express Mail ❑ Insured
Laurinburg INC 28353
❑ Retum Receipt for Merchandise ❑ COD
7. Date of Delivery
5. By: (Print Name)
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL. OFFICE
DIVISION OF WATER QUALITY
June 14, 1999
Carroll's Foods, Inc.
Attn.: Leslie Stuffs
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 830006
Farm #7573
Facility No. 83 - 6
Scotland County
Dear Mr. Stutts:
You are hereby notified that, having been permitted to have a non discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On April 27, 1999, the Division of Water Quality at the Fayetteville Regional
Office inspected the Carroll's Food Farm #7573 swine facility. Wastewater was
identified in the farm path, approximately 75 yards from the buildings. One of the
flush tanks had malfunctioned, thus releasing some wastewater. The problem was
identified and corrected prior to arrival at the farm and the wastewater was
contained on-site. It was noted that the inside slopes of the lagoon had not been
mowed, and the lagoon contained some trash (syringes, bottles, etc.). A review
of the irrigation records indicated that the records were calculated based on one
waste analysis. However, waste samples appeared to have been taken at the
appropriate times. The largest spray field was suppose to be established in coastal
Bermuda according to the Certified Animal Waste Management Plan (CAWMP).
However, the small grain overseed had recently been disced in, and the coastal
appeared to be poor to nonexistent in the majority of this field.
A review of the freeboard records indicated that the lagoon level had reached
a level higher than the required freeboard of 19 inches. General Permit condition
II1.6.e states that "the Permittee shall report by telephone to the appropriate
Regional Office as soon as possible, but in no case more than 24 hours following
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28303-5043
PHONE [phone] FAX [phone]
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Page 2
Farm #7573
June 14, 1999
the first knowledge of the occurrence of any of the following events: (e) Failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this
General Permit.".
The Division of Water Quality requests that the following items be addressed:
1. Mow the inside slopes of the lagoon for rodent control measures and prevent trash accumulation
within the lagoon.
2. Identify and correct the problem associated with entering the irrigation records so that the actual
Plant Available Nitrogen (PAN) is reflected in order to prevent over application.
3. Establish an adequate crop in the largest application field in order to uptake the nutrients being
applied when an irrigation event takes place.
4. Adhere to all of the General Permit conditions.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Please provide a written response to this office on or before July 2, 1999, regarding corrective
actions taken or planned. 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,
aul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Ed Holland - Scotland Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
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