830015_ENFORCEMENT_20171231

�Ok W A rFR p Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
p 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
Farm 7177
Facility Number 83-15
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. Wd 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.
WDENT
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 i Affirmative Action Employer
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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.
oSincer
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 83-15
Non -Discharge Compliance and Enforcement Unit
Central Files

ALGORAWA
s
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
January 16, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown
Ms. Dawn Williamson
P.O. Drawer 856
Warsaw, NC 28398
Subject: RESCISSION OF NOTICE OF VIOLATION
ISSUANCE OF NOTICE OF DEFICIENCY
Farm # 7177
Facility No. 83 - 15
Permit No. AWS 830015
Scottand,County
Dear Ms. Williamson:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
On May 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality were
notified by you that an over -application of PAN had occurred on Farm # 7177 located in Scotland
County. The reported over -application occurred on pull 5-b in the amount of 41 pounds which was in
excess of 20 percent on the small grain overseed with an application rate of 50 pounds. The
owner/operator is required to notify the Regional Office in accordance with the General Permit condition
111.6.f. which states: "Overapplying animal waste either in excess of the limits set out in the
CAWAIP or where runoff enters surface waters".
A subsequent submittal by Murphy -Brown on July 23, 2001 identified an over -application of 3.5
pounds exceedance of the 50 pound small grain overseed on pull 5-b after correction of the waste
application records.
Upon review and consideration of the information submitted, the Fayetteville Regional Office has
determined that the Notice of Violation issued on May 10, 2001, will be rescinded and reissued as a
Notice of Deficiency.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]k FAX: [phone] Intemet: evww&nr.state.nc.us/F.NR
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Ms. Williamson
Page 2
January 16, 2002
If you have any questions concerning this matter, please do not hesitate to contact either. myselfor
Mr, Robert Heath, Environmental Specialist at [phone].
(S' cerel ,
D1—
Paul E. Rawls
Regional Water Quality Supervisor
P E R/RH/rh
ce: Sonya Avant, Compliance Group
B.W. Anderson, Scotland County NRCS
Trent Allen, DSWC, Fayetteville Office
Central Files
J

• - . .•.North Carolina Y1.d;WA Department of Environment and Natural Resources :
Division of Water Quality.`�..�
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
Mav 10- 2001
CERTIFIED MAIL
RETM RECEIPT RE011ESTED
Murphy -Brown
Ms. Dawn Williamson
P.O. Drawer 856
Warsaw, NC 28398
Subject: NOTICE OF VIOLATIQN/NOTICE QF INTENT
Farm # 7177
Facility No. 83 - 15
Permit No. AWS 830015
Scotland County
Dear Ms. Williamson:
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 211 .0217. you have been found to be in violation of your 2H
.0217 Permit.
On May 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality were
notified by you that an over -application of PAN had occurred on Farm 4 7177 located in Scotland County.
The reported over -application occurred on pull 5-b in the amount of 41 pounds which is in excess of 20
percent on the small grain overseed with an application rate of 50 pounds. The owner/operator is required to
notify the Regional Office in accordance with the General Permit condition Ill.6. f. which states:
"Overapplying animal waste either in excess of the limits set out in the CAWMP or where rtww l
enters surface waters".
The Division of Water Quality requests that the following items.be addressed.
Submit an explanation of what occurred that resulted in the over -application of PAN to the waste
application field as required by your General Permit.
2. Submit a copy of the past year of freeboard records for the facility.
3. Submit a copy of the past year of irrigation records for the facility.
4. Submit a copy of the certified animal waste management plan (CAWMP)
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WW�V.ENR.STATE.tiC.Us/FNlt/
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Page 2
Ms. Williamson
May 10, 2001
Failure to comply with the above conditions may result in the facility losing its General Permit 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 for any past or
future violations.
You are hereby notified that based on the above information the Fayetteville Regional Office of the
Division of Water Quality is considering forwarding a recommendation to the Director for consideration of
enforcement for this 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.
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 25,
2001.
Information provided to this 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 myself or
Mr.Robert Heath, Environmental Specialist at [phone]. -
Sincerely,
('�7
Paul Ravv�liss�
Regional Water Quality Supervisor
RFH/ bh/ PER
cc: Sonya Avant -Compliance Group
B.W. Anderson -Scotland Co. NRCS
Trent Allen-DSWC Fayetteville Office
Central Files -Raleigh

yNORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Drawer 856
Warsaw, NC 28398
FAYETTEVILLE REGIONAL OFFICE
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc.
Facility No. 83 -15
Permit No. AWS830015
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 111.6.e, that the freeboard
levet of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 18 inches. General Permit condition V.3 states that `The maximum
waste level in lagoons/storage ponds shall not exceed that specified 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
]after as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining I the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. It will also dose this event out within your file. If you have any questions
conceming this matter, please do not hesitate to contact myself at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Bunny Anderson - Scotland County NRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2 8301-504 3
PHONE [phone] FAX910-4S6-0707
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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
Warsaw NC 28398
A. Receives by (Please Print Clearly):1, 9. Tr.' < D livery
1�2Pd(d S IeYfran i �I20fOr�
C. Signature
X 11 Agent
❑ Addressee
D_ Is delivery address different from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
2.(2)ZZ NG 2-+ Wear
3. Service Type
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2. Article Number (Cap from service label) J
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PS Form 3811. July 1999 Domestic Return Receipt 102595-99-M-1769

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
7177
#83-15
Scotland County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SPR 2 3 2003
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 September 29, 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
NMENR
Customer Service. Mailing Address: Telephone [phone] Location:
1-S77-623-6748 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/Affimmative Action Employer
50% recycled / 10% post -consumer paper
httpJ1h2o.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,
ce�g Alan W. Klimek, P.E.
Director
cc_ Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

High Freeboard Evaluation Form
Facility Name: cr k f r OA ' S Facility Number: - I
Person Completing Form:
Date Form Completed:
Date Information Due to DWQ: Date information received
Extension Due Date:
Information Received:
Current Freeboard Yes — No Level(s) (in inches)
Freeboard Levels for Previous 12 Months Yes _/ No Incomplete
Spraying Records for Past 12 Months Yes / No Incomplete
Rainfall Records For the Past 12 Months Yes - Zo N/A _ Incomplete
Cropping and PAN Information Yes / No Incomplete
Summary of Actions Taj&n to Restore the Needed Freeboard(s)
Yes — No Incomplete
Description of Water nservation Measures In Use
Yes _ No ^ Incomplete
An updated POA if the Freeboard is still in Violation Yes _ No _ NIA
Detailed Description of Actions Taken or Proposed to be Yes _ No
Taken to Prevent Future Freeboard Violations Incomplete
Date High Freeboard Level Was First Reported to DWQ by Producer "3-7-03
Date of First Violation from Farm Records 3-10-0
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
Level (in inches)
August ` � - 0 Z
3r
September 15 = 112-
3 T
October to - z S- C)Z
-30
November 1, - / - 0Z,
3 3
Required Minimum Freeboard (red zone in inches):
Does the Minimum Include a Chronic Rainfall Factor Yes No
Recorded Freeboard Violations
Date Level (in inches) Date POA Submitted 5 or 30 day
40-03 19 -3-,v-03 3a
HFEF 5-12-03 2

Facility PAN Balance From the CAWMP (pounds)
-3-),15'
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 bave taken place. If not, please ex(�lain:
l9 r e- t r i �'� . �- GO .+� (� 0.v loe e.,..- ler Tb r e
M a..-) w I LC-: - 1 u. L,.T'e 11.
�t
If the Facility has Installed Water Conservation Devices, what devices were installed and
What Actions have been taken or proposed to be taken by the Facility to Prevent Future
High Freeboard Violations (check 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

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
Out of 31 days
September -2002
, L
Out of 30 days
October 2002
—7
Out of 31 days
November 2002
Out of 30 days
December 2002
()
Out of 31 days
January 2003
Z , 5'
Out of 31 days
February 2003
5.5
Out of 29 days
March 2003
2 Sr
Out of 31 days
April 2003 /p
D 0
Out of 30 days
Total Rainfall
our orna days
Comments from Producer:
Comments by Reviewer:
HFEF 5-12-03