830010_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quaff

O�O� wAT �RpG
(1.) L 0"I
r
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
p Alan W. Klimek,,P.E, Director
Division of Water Quality
June 6, 2003
CERTIFIED MAII.
RETURN RECEIPT REQUESTED
Carroll's Foods Inc .
PO Box 759
Rose Hill NC 28458
SUBJECT: Request for Information
Inadequate Freeboard
7096
#83-10
Scotland County
Dear Sir or Madam:
JUN 13 2003
On May 28, 2003, a representative of your farm informed the Division of Water Quality
(DWQ) that there was high freeboard in your lagoon(s). DWQ needs more information to
determine the site-specific factors that resulted in the high freeboard at your farm.
Please provide the Fayetteville Regional Office with the reasons for the high freeboard
and your plan to prevent future freeboard violation(s). This explanation and plan must include
but is not limited to the following:
• Current freeboard level(s)
• Freeboard records for the past 12 months
• Spraying records for the past 12 months
• Rainfall records for the past 12 months for your farm (if available)
• A copy of your waste utilization plan (WUP) If your crops did not comply with your
WUP, provide details of the crops you did have for the past 12 months.
Customer Service: Mailing Address: Telephone [phone] Location:
1-$77-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #152-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/ Affirmative Action Employer
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h tt p:11h2o. enr. sta te_ nc. us

Inadequate Freeboard
Page 2
• A summary of actions taken to lower the freeboard such as using additional irrigation
equipment, using third -party spray fields, buying additional land, removing animals from
the farm, delaying restocking, pumping and hauling waste to another site (please state the
location of the other site), etc.
• A description of water conservation measures in use at the farm and the date(s) installed
0 If the freeboard leveI(s) are still in violation, provide an updated Plan of Action as to how
the farm will return to compliance.
• Provide a detailed description of the actions you have taken or will be taking to reduce
the possibility of freeboard violations at your farm in the future.
DWQ will look at each case on its merits. Your efforts to notify DWQ of the problem,
the efforts you made to resolve the problem and the actions taken to prevent future problems will
work to your benefit. However, please be advised that civil penalties may be assessed if
warranted.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days after receipt of this letter.
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
We know that gathering this information will take additional effort. If you have
circumstances that will make meeting the 10 -day deadline very difficult for you, please contact
your regional DWQ office. If appropriate, you may get a short extension of time. If you have
any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional
Office Staff at [phone].
Sincerely,
]an W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

_0�I WATFRP Michael F. Easley, Governor
�O G William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
5 Alan W. Klimek, P.E. Director
Q Division of Water Quality
September 4, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carroll's Foods, Inc.
Attn: Mr. John Bizic
PO Box 759
Rose Hill, NC 28458
Subject: Notice of Deficiency
Inadequate Freeboard
Carroll's Farm 7096
Facility No. 83-10
Scotland County
Dear John Bizic:
Thank you for your recent submittal of the information requested in our letter dated June 6, 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 is
issuing this facility a Notice of Deficiency. Based on your actions to properly operate this
facility, the Fayetteville Regional Office has also determined that no further
compliance/enforcement actions will be taken by the Division for these high freeboards.
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.
1
WDENR
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://h2o.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 [phone].
Sincerely,
(Fix-) Paul E. Rawls
Regional Water Quality Supervisor
CC: File 83-10
Non -Discharge Compliance and Enforcement Unit
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality P_�
James B. Hunt, Jr., Governor `=
Bill Holman, Secretary SEP Kerr T. Stevens, Director 9
CARROLL'S FOODS, INC.
P.O. DRAWER 856
WARSAW, NC 28398
SUBJECT:
Dear Sirs:
NCDE14FI
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 26, 2000
Retraction of Notice of Violation
7096
Certificate of Coverage AWS830010
Scotland County
On September 19. 2000 you were sent a Notice of Violation for failing to pay the
annual compliance/monitoring fee for the subject facility. After a review of the information
received from you. this Notice of Violation has been retracted and removed from your file.
We apologize for any inconvenience this has caused you. If you have any questions,
please call Joe Albiston at 733-5083. ext. 581.
Sincerely,
� dff,4�
err T. Stevens
cc: Facility File —_Non -Discharge Compliance/Enforcement Unit
tDWQ_ReQionalLOffice-
Mailing ,Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh. North Carolina 27699-1617 State Courier #5 2-01 -01
An Equal Opportrrnin_ • /.-1i�innatit e fiction Employer
?0% reo-cled / 1017r post -consumer paper
hztp:/1713o. en r.srare.rrc. its
Location:
12 N. Salisbury St_
12alciah. NC 27699-1617

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CARROLL's FOODS INC
PO DRAWER 856
WARSAW NC 28398
Dear Carroll's Foods Inc:
SEP 2 n 2000
� •'t 3 t� ��i L ;� r ��' iA�
REG.
POWA
0 zwva
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 19, 2000
Subject: Notice of Violation and Revocation for Nonpayment
7096
Permit Number: AWS830010
Scotland County
In accordance with North Carolina General Statute 143-215.1OG, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 6123197.
Your annual permit fee for the period of 6/23/2000 - 6/22/2001 is $300.00. Your payment was due 811012000.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G -S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran'McPherson at [phone] ext. 210.
Sincerely,�
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
�}A.- t i11� e�tonal=Office>
Scotland County Flealth Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUEST
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Drawer 656
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc,
Facility No. 83 -10
Permit No. AWS830010
Scotland County
Dear Mr. Hobson:
On January 31, 2000, you, or staff from your farm notified the Fayetteville Regional Office
of the Division of Water Quality, as required by General Permit condition I11.6.e, that the freeboard
Level of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 17 inches. General Permit condition V.3 states that 'The maximum
waste level in lagoonslstorage ponds shall not exceed that spedfied in the CAWMP. At a minimum,
maximum waste level for lagoonslstorage ponds must not exceed the level that provides adequate
storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard.'.
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the spedfaed time frame in which the Plan
of Action (POA) allotted. It will also dose this event out within your Re. If you have any questions
concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
oc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Bunny Anderson - Scotland County NRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you_
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Howard Hobson
Carrolls Foods Inc
Po Drawer 856
A. Rete b1t (Please Print Clearly) . { S. f livery
L2e a %eYfron 1 6124140
C. Signature nJ�
Xp, ❑ Agent
G7Iv ❑ Addressee
O, is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
2�ZZ MC24- h(eo�'
Warsaw NC 28398 3. Service Type
lrerttfied Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Cop from service iabef)
z 160 98824
PS Form 3811, July 1999 Domestic Return Receiot 102595-99-M-1789

HIGH FREEBOARD NOTIFICATION
DATEM40E
DWQ Contact
1 zg-dv
K
Nome of Person
zon tacting DWG?: L e5—YzoezTelephone No.(
FARM Nome 70 L(o
CountySc ra4 j
Facility No. :z3—/D
Preebonrd leve; of the Lcgo
Gon..ditions cJ the spray fields: - - _11SL , �
NA2RATNS- (Inclwcle any instructions given to the farmer at the time of the call)
(A copy of each notification should be forwarded to the `CAFO BO?C in John HHosstys office
os soon as possible) .

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Carroll's Foods Inc
7096
PO Drawer 856
Warsaw NC 28398
Dear Carroll's Foods Inc:
?W'A
A4 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999 RECEIVE
J: N I 1 2000
SEG. �E �E
Subject: Fertilizer Application Recor eeping
Animal Waste Management System
Facility Number 83-10
Scotland County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, iRR2, DRYI, DRY2, DRYS, SLURI, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
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 Ms- Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerely
Kerr T. Stevens, Director
Division of Water Quality
cc: Fayetteville Regional Office
Scotland County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

r r�
Drvision of Soil and Water Conservatton'= OpeTatiodRevtew
Division of Soil and. aterConservation -Compliance lnspection�
_ Dwision of Water Quality -:Compliance Inspection _
Other -
-Agency: Operation=Review _ r
Design Current
® Routine 0 ComTaint 0 Follow -lip of DWQ inspection 0 Follow-up of DS«V C review Other
Facility Number
Capacity Population Cattle
Date of inspection -L�1J
�0
.,
❑ Layer
Time of Inspection
0 p 24 hr. (hh:in
j Permitted P Certified 13 Conditionally Certified [] Registered
© Not U eratianal Date Last Operated:
Farm Name: .. f�rr► !0I 1!.
.
...- County..................—C-044'd..........._..........a .......
Owner Name:.........1 .4Lt'%dJ.Ls.......i 5 A ..................................
�...........
a3
Phone No:................9��---...........~�3�........................
j
Facility Contact: .......... eS.(1.......5' `tl ...................."title:....................
... Phone No:...................................................
Mailing Address: ....�g `� ...�IF[. L
..... ....... f+exl .....�.
��1iron.D�'�. f....... C........... c*g- 5�
.. ...... ....
Onsite Representative:..............fqlk: [.. �jT&...................................
Inte-rator ......
Certified Operator: .........................................
.......................................................................
Operator Certification Number: ..........................................
Location of Farm:
........................... .... ............1......... .... ............... ...................... I................ ... .....
Latitude •° :4 Longitude • t 44
Design Current
Design Current
Design Current
Swine Capacity Population
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
❑ Layer
❑ Dairy
Dd Feeder to Finish a
❑ Non -Layer
❑ Nott -Dairy
Farrow to Wean
❑ Farrow to Feeder
❑ Other
❑ Farrow to Finish
Total Design Capacity
7aZ�
❑ Gilts
❑ Boars
Total SSLW
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation (If yes, notify DWQ)?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance than-rnade?
h. If discharge is observed, did it reach: ❑ Surface Waters ❑ Waters of the State
c. If discharge is observed. what is the estimated flow in gallrnin?
d. Does discharge bypass a lagoon system?
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts to the waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure 1 Structure 2 Structur: 3 Structure 4 Structure 5
Identifier: �/
�r 3 * 4� 5
!c qQ !! ! 'f, ��//
................1.........-.....................�.1...... .........--••v---• ............
Frcehoard (inches);
0
1/6/99
❑ Yes A No
❑ Yes ONo
❑ Yes J�rNo
A11.T
❑ Yes 9No
❑ Yes yck
❑ Yes Po
❑ Yes A No
Structure 6
Continued on back

.Jr
�r . `
Facility Number: T5 —/a Cate of Inspection
5. Are there any immediate threats to the intcarity of any of the structures observed? (ie/ trees, severe erosion, Yes ❑ No
seepage, etc.)
b. 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 4-6 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? ❑ Yes1W No
9. Do any stuctures lack adequate, gauged markers with required top ofdike, maximum and minimum
liquid level elevation markings?tt0l : C.,qVWp ago __�C _ � 1 flor- /❑ Yes
l j No
Waste Application IrAtr PAW t,� f�c.��c.� .�.i-) AV'1Y�
10. Are there any buffers that need maintenance/improvement? ev reale -or, 0" � ,i�"/ .�,�- E] Yes PrNo
11. Is there evidence of over application? ElPonding ❑ Nitrogen tM so El Yes X No
12. Crap type . . rl.._"-.�M. / ...... ... ..................I........................
SSC �.. f.."...... L.
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes No
14" Does the facility lack wettable acreage for land application? ,i�� N _ rd /. ❑ Yes J No
15. Does the receiving crop need improvement? % r1 t� C' p0(Yes ❑ No
16. Is there a lack of adequate waste application equipment'? jM • 44," 7j4jl
p, ❑ Yes No
7
Required Records & Documents Ort2 re C�15
17. Fail to have Certiftcate of Coverage &General Permit readily available? t� 4f ' C] Yes W
I� `tom arCr,GS .
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 KNo
19. Does record keeping need improvement? (ic/ irrigation. freeboard, waste analysis & soil sample reports) ❑ Yes 9No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes (KNo
21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ;(No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes Wo
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ()(No
24. Does facility require a follow-up visit by same agency? ❑ Yes j No
El_ M)'violatioi1S:01: deficiencies .were' noted. during xtiis:visii:. You w li xee'eive no' further .. .
cgrrespor....e.... . . .v. .. .
Cotmtnents (refer;to'.queston"#): "Explain any: YES answers and/or'aiiy=recommendations or any other comii,ents.: s
_ -
Use dt•awtngs of facility to. better explain situations. (use additional pages as necessary) } - t
.f.
q .tW
'�-0.,~ Q.Ld�6ts�. fit. Cartn•,R� oY _ C 5
' �trmP its r�--•ti
Reviewer/Inspector Name
Reviewer/Inspector Signature:
Date: