830007_ENFORCEMENT_20171231

NUH I H CAROLINA
Department of Environmental Qual

o� F w A
7
t~
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
D Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED ,,�P R 2 3 2003
Carroll's Foods Inc
PO Box 759
Rose Hill NC 28458
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
7574
#83-7
Scotland County
Dear Sir or Madam:
On March 7, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on May 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
N ODE
ENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /AtfinnativeAction Employer
50% recycled 110% post -consumer paper
http✓/h2o. enr, state.nc. us

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

i
High Freeboard Evaluation Form
1
Facility Name: cqr ra S � %� Facility Number: 43 - 477
Person Completing Form: J,G -Y!a5� Date Form Completed: S'Li -o3
Date Information Due to DWQ:
Extension Due Date:
Date information received
Information Received:
Current Freeboard Yes -" o Level(s) (in inches) ` %- Q3 2(p
Freeboard Levels for Previous 12 Months Yes —,,-�o Incomplete
Spraying Records for Past 12 Months Yes Incomplete
Rainfall Records For the Past 12 Months Yes /No NIA
Cropping and PAN Information YesNo Incomplete
Summary of Actions Takeo Restore the Needed Freeboard(s)
Yes _ No /Incomplete
Description of Water Co Nation Measures In Use
Yes _ No Incomplete
An updated POA if the Freeboard is still in Violation
Detailed Description of Actions Taken or Proposed to be
Taken to Prevent Future Freeboard Violations
Yes
Incomplete
No NIA
Yes _ No
Incomplete
Date High Freeboard Level Was First Reported to DWQ by Producer 3-7-03
Date of First Violation from Farm Records '3,10 - 03
Items proposed in the Plan of Actions to Bring the Facility Back into Compliance
Pump and Haul Remove Animals Delay Restocking
Add Land to NMP Add Application Equipment
Spray when site is acceptable Others (Please Specify)
HFEF 5-12-03 1

Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed)
Lagoon Storage Basin (Check as Appropriate)
Lagoon or Storage Basin Identifier
Design Total Days of Storage for the Facility (From CAWMP)
Stop Pump Level for lagoons or the bottom of the storage basin (inches)
Lowest Liquid Levels Reported in the month of:
Month Date
August —26--02
September _ —0Z -
October
DZOctober /6 - Ig - o Z
November ! - 021
Required Minimum Freeboard (red zone in inches):
Level (in inches)
y
No
3
Does the Minimum Include a Chronic Rainfall Factor Yes
Recorded Freeboard Violations
Date Level (in inches) Date POA Submitted
HFEF 5-12-03 2
No
5 or 30 day
- V - -

P
Facility PAN Balance From the CAWMP (pounds)
Did the Facility Comply with its NMP for the Past 12 Months Yes --,No
If No, What Violations Were Identified:
From the review of the facilities irrigation records, does it appear that the facility made
optimal use of the days when irrigation should have taken place. If not, phase explain:
i',- n _,n non ,r c 5,1 . /—'n wee r i�1'e'e P G;' z.J �0•- "A' �4
If the Facility has Installed Water Conservation Devices, what devices were installed and
when:
What Actions have been taken or proposed to be taken by the Facility to Prevent Future
High Freeboard Violations (cheek appropriate items):
Better Management of the System
Add Additional Storage Volume
Add Lagoon Covers
Add Additional Land Application Sites
Add Additional Irrigation Equipment
Install Water Conservation Equipment
Reduce the Number of Animal at the Facility
Change Type of Operation
Others (please explain):
HFEF 5-12-03 3
r

If applicable, recorded rainfall data from August 2002 through April 2003 at
Facility #
Month
Amount of rainfall
per month (in inches)
# of days it rained
per month
August 2002
'� Z, Z
Out of 31 days
September 2002
7, S
out of 30 days
October 2002
5-'
Out of 31 days
November 2002
h 1 0
Out of 30 days
December 2002
9,o
Out of 31 days
January 2003
'7 1 '1
out of 31 days
February2003
, d
out of 29 days
March 2003
, 5
out of 31 days
April 2003
Out of 30 days
Total Rainfall
a Z
out of 274 days
Comments from Producer
Comments by Reviewer:
HFEF 5-12-03 4

W A TF�p Michael F. Easley, Governor
`d G William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
HAlan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Rusty Collins
Carroll's Foods, Inc.
PO Box 759
Rose Hill, NC 28458
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Farre 7574
Facility Number 83-7
Scotland County
Dear Mr. Collins:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred. ,
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
IM
NCEIENER
Customer Service: Mailing Address: Telephone. [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled 110% post -consumer paper
http:/1h2o.enr. state. nc. us

inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
aPaulRawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 83-7
Non -Discharge Compliance and Enforcement Unit
Central Files

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr -T. Stevens, Director
DIVISION OF WATER QUALITY
January 31, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Leslie Stutts
Carroll's Foods, Inc.
P. O. Drawer 856
Warsaw, NC 28398
Subject: Notice of Deficiency
Administrative Code 15A NCAC 2H.0217
Carroll's Foods, Inc. Farm # 7574
Facility No. 83-07
Scotland County
Dear Mr. Stutts:
NCDENR
On October 20, 2000, staff from the Fayetteville Regional Office of the Division of Soil and
Water performed an annual review of the Carroll's Foods, Inc., Farm # 7574, in Scotland
County. The review revealed that only a portion of fields # 14, 15 and 16 have been sprigged
while the remainder has not been cleared. It is a concern that there may not be enough land for
the waste produced at this facility as the deficit is only 601 pounds. It was also noted that the
waste samples were not being kept current. A certified operator needs to be listed for this facility
also. This deficiency was referred to the Division of Water Quality, as required, by The Division
of Soil and Water.
In regard to the deficiencies noted during the inspection, the following actions are requested:
1. Provide information to show that there is enough land available at this facility to adequately
receive the nitrogen produced.
2. Keep waste samples current for application of nitrogen.
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEV'ILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.FNR,STATF.NC.U5IEN12/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 5W* RECYCLED/I 0% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE- 1-877-023-6748

Mr. Stutts
January 31, 2001
Page 2
3. Designate an Operator in Charge for this facility.
Please provide this office with a written response, by February 16, 2001, as to the actions
taken, or proposed to be taken, to resolve the deficiencies noted. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have
resulted or may result from these deficiencies.
If you have any questions regarding this matter, please do not hesitate to contact myself or
Mr. John Hasty, Environmental Specialist, at [phone].
nc rly,
Paul E. Rawls
Water Quality Regional Supervisor
/j h
cc: Sonya Avant - Compliance Group
B. W. Anderson - Scotland Co. NRCS
Trent Allen - DSWC Fayetteville Office
Dennis Ramsey -Compliance Group
Central Files - Raleigh

North Carolina
Department of Environment and Natural Resources a
Division of Water Quality �.., L
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
January 31, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Leslie Stutts
Carroll's Foods, Inc.
P. O. Drawer 856
Warsaw, NC 28398
Subject: Notice of Deficiency
Administrative Code 15A NCAC 211.0217
Carroll's Foods, Inc. Farm # 7574
Facility No. 83.07
Scotland County
Dear Mr. Stutts:
On October 20, 2000, staff from the Fayetteville Regional Office of the Division of Soil and
Water performed an annual review of the Carroll's Foods, Inc., Farm # 7574, in Scotland
County. The review revealed that only a portion of fields # 14, 15 and 16 have been sprigged
while the remainder has not been cleared. It is a concern that there may not be enough land for
the waste produced at this facility as the deficit is only 601 pounds. It was also noted that the
waste samples were not being kept current. A certified operator needs to be listed for this facility
also. This deficiency was referred to the Division of Water Quality, as required, by The Division
of Soil and Water.
In regard to the deficiencies noted during the inspection, the following actions are requested:
Provide information to show that there is enough land available at this facility to adequately
receive the nitrogen produced.
2. Keep waste samples current for application of nitrogen.
225 GREEN STREET- SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW-E.NR.5TATE.N{:.U5IEM
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Stutts
January 31, 2001
Page 2
3. Designate an Operator in Charge for this facility.
Please provide this office with a written response, by February 16, 2001, as to the actions
taken, or proposed to be taken, to resolve the deficiencies noted. Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have
resulted or may result from these deficiencies.
If you have any questions regarding this matter, please do not hesitate to contact myself or
Mr. John Hasty, Environmental Specialist, at [phone].
racer
r Y,
Paul E. Rawls
Water Quality Regional Supervisor
/j h
CC' Sonya Avant - Compliance Group
B. W. Anderson - Scotland Co. MRCS
Trent Allen - DSWC Fayetteville Office
Dennis Ramsey -Compliance Group
Central Files - Raleigh

Revised April 20, 1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number Y3 - Operation is flagged for a wettable
Farm Name:'` 75i acre determination due to failure of
On -Site Representative:7:'n„ ,e Part ll eligibility item(s) F9 F2 F3 F4
Inspector/Reviewer's Name: Operation not required to secure WA
determination at this time based on
Date of site visit: exemption E9 E2 E3 " E4
Date of most recent WUP:
Annual farm PAN deficit: Cot pounds
Operation pended for weft le acre
determination based on P2 P3
Irrigation System(s) - circle #Gard -hose traveler; 2. center pivot system; 3. linear -move system;
4. stationary sprinkler system w/permanent pipe; 5. stationary sprinkler system w/portable pipe;
6. stationary gun system wlpennanent pipe; 7. stationary gun system wlportable pipe
PART 1. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.)
E1 Adequate irrigation design, including map depicting wettable acresjs complete
and signed by an I or PE.
E2 Adequate D, and DxJD,, irrigation operating parameter sheets, including map
depicting wettable acres, is complete and signed by an I or PE.
E3 Adequate D, irrigation operating parameter sheet, including map depicting
wettable acres, is complete and signed by a WUP.
E4 75% rule exemption as verified in Part 111. (NOTE: 75 % exemption cannot be
applied to farms that fail the eligibility checklist in Part II. Complete eligibility
checklist, Part Il - F9 F2 F3, before completing computational table in Part 111).
PART 11.75% Rule Eligibility Checklist and Documentation of WA Determination
Requirements. WA Determination required because operation fails one of the eligibility
requirements listed below:
F1 Lack of acreage which resulted in overapplication of wastewater (PAN) on -spray
field(s) according to farm's last two years -of irrigation- records.
F2 Unclear, illegible, or lack of information/map.
F3 Obvious field limitations .(numerous ditches; failure to deduct required
buffer/setback acreage; -or-25% of total acreage identified in CAWMP includes:-
small, irregularly shaped fields = fields less than 5 acres -for travelers -or less -than -
2 acres for stationary sprinklers).
F4 WA determination required because CAWMP credits field(s)'s acreage in excess
of 75% of the respective field's total acreage as noted in table in Part 111.

Facility Number F3 - 9
Revised April 20, 1999
Part III. Field by Field Determination of 75% Exemption Rule for WA Determination -
TRACT
NUMBER
FIELD
NUMBER' -2
TYPE OF
IRRIGATION
SYSTEM
TOTAL
ACRES
CAWMP
ACRES
FIELD
%
COMMENTS3
-
r
t, 9
a
53
r?
'?
8
5.
S a
s
!�. g
q.
6- o
FIELD NUMBER' - hydrant, pull, zone, or point numbers may be used in place of field numbers depending on CAWMP
and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to
calculate 75% field by field determination for exemption; otherwise operation will be subject to WA determination.
FIELD NUMBER2 - must be clearly delineated on map.
COMMENTS' - back-up fields with CAWMP acreage exceeding 75% of its total acres and having received less --than 50%
of its annual PAN as documented in the farm's previous.two years' (1997 & 1998) of irrigation records, -cannot serve as the
sole basis for requiring a WA Determination. Back-up fields-must.be noted in -the comment section and must be accessible
by irrigation -system.'
Part IV. PenZP1
ding WA Determinations
Plan lacksfollowing.information:
P2 Pian revision -may satisfy75% rule based.on adequate overall PAN deficitand by
adjusting all field acreage to_below75% use rate -
P3 Other (ie/in process of installing new irrigation system):

State of North Carolina
Department of Environment
and Natural Resources
Jaynes B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
July 3, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods Inc
7574
P.O. Box 856
Warshaw NC 28398
1 0 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
i . 3 2000
PAY1r 1 i EViLLE
REG. OFFICE
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
7574
Facility Number 83-7
Scotland County
Dear Carroll's Foods Inc:
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application, Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Jeffery Brown on 4027199 was made to review the actual number of acres at your facility
that receive animal waste during land application. The evaluation of your facility has yielded one of the
following two results as indicated by the box marked with an "Y'.
Category 1:
The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing John Hasty the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to John Hasty, at 225 Green Street, Suite
714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. If you have any
questions please contact John Hasty at [phone]. If within 90 days you are unable
to provide John Hasty with the information you are automatically required to complete
a Wettable Acre Determination as described by Category 2 below, within 180 days
of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%n recycled/10% post -consumer paper

Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
❑ Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens
cc: Fayetteville Regional Office
Scotland County Soil and Water Conservation District
Facility File

JAMES B. MUNTi
4 GOVERNOR
' WAYNE McD>:SrsTr:..r~
SEs
CRETARY �rFaX� �. rK_ '!z
^KERR T. SYFVEMS=i4f:r:`jrs,
' DIRECi0R
4zti
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t
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1- t
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIvisION OF WATER QUALITY
DMSION OF WATER QUALITY
August 18, 1999
Carroll's Foods, Inc.
Attn.: Leslie Stutts
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: EXPLANATION OF VIOLATIONS
Farms 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:
1. 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 CAW IP, then the facility is not in
compliance with the CAWMP.
P.O- BOX 29533, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] .FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% 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,
,g/ kerz��
Jeffery Brown
Environmental Engineer

June 28, 1999
Jeffrey Brown
Environmental Engineer
NC Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
RECEIVED
U L b - 1999
FAYETTEIIILLE
REG. CFFICE
CAMOLL'S FOOD S, INC.
Box 1767 - 325 McKay SMW
Laurinburg, North Caro6rm 28353
PH: 91027640648 FX: 810276-2950
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 plan 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 1, 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 Stutts
Farming and Waste Manager
Laurinburg Division

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 14, 1999
Carroll's Foods, Inc.
Attn.: Leslie Stotts
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 830007
Farm # 7574
Facility No. 83 - 7
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 #7574 swine facility. It was noted that
portions of the inside and back slopes of the lagoon failed to have permanent
vegetation. There was some minor erosion noted in these areas. 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.
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
III.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
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.".
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Farm #7574
June 14, 1999
The Division of Water Quality requests that the following items be addressed:
1. Establish permanent vegetation on the inside and back slopes of the lagoon dikes to prevent
further erosion.
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. 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].
Sinc ,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Ed Holland - Scotland Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh