830019_ENFORCEMENT_20171231

<�JAME5'� HUNT JR-
OVFRNOR
917_L' H0L14AN
SECRETARY
NORTH CAROLINA DEPARTMENT. OF
ENVIRONMENT AND NATURAL RESOURCES
DIv1SION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
August 22, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Leslie Stutts
Carroll's Foods, Inc.
P. O. Drawer 856
Warsaw, NC 28398
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Carroll's Foods Farm # 7171
Facility No. 83-19
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 June 29, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of Carroll's Farm 4 7171
located in Scotland County. The inspection revealed that over application of
nitrogen had occurred on the small grain overseed in excess of the limits specified
in the CAWMP by more than twenty percent. Pulls 41, 2, 3, and 4, had been over
applied on by 29, 25, 23, and 39 pounds respectively.
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, ]NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL CIPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Stutts
8-22-00
Page 2
The Division of Water Quality requests that the following item(s) be addressed:
1. Follow your CAWMP in regards to nitrogen amounts to be applied to the crop.
Failure to comply with the above conditions may result in the facility losing it's 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 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 provide a written response to this office on or before September 15 2000 regarding
corrective actions taken or planned. if you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
B. W. Anderson - Scotland Co. MRCS
Trent Allem - DS WC Fayetteville Office
Central Files - Raleigh

J
-r�AJAME:5'$ HUNT,JR .
.GOVE1tMORi:''s"
{
LAS HOLMAN
-:,.SECRETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESoiJRcEs
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
August 22, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Leslie Stutts
Carroll's Foods, Inc.
P_ O. Drawer 856
Warsaw, NC 28398
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Carroll's Foods Farm # 7171
Facility No. 83-19
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 vour 2H .0217
Permit. r
On Jude 29, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of Carroll's Farm # 7171
located in Scotland County. The inspection revealed that over application of
nitrogen had occurred on the small grain overseed in excess of the lianits specified
in the CAWMP by more than twenty percent. Pulls #1, 2, 3, and 4, had been over
applied on by 29, 25. 23, and 39 pounds respectively.
51A
2 C
225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/13% POST-CONSUMtR PAPER

Mr. Stutts
8-22-00
Page 2
The Division of Water Quality requests that the following item(s) be addressed:
1. Follow your CAWMP in regards to nitrogen amounts to be applied to the crop.
Failure to comply with the above conditions may result in the facility losing it's 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 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 provide a written response to this office on or before September 15 2000 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
B. W. Anderson - Scotland Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh

Mr. Paul E. Rawls
Water Quality Supervisor
225 Green St., Suite 714 / Systel Bldg.
Fayetteville, NC 28301-5043
Subject: Notice Of Violations
Carroll's Foods, Inc.
Laurinburg Division
Farms: 7681-3, 7706,
7078-2, 7702, 7171
Dear Sir.
-X- ro
•��
S E P i
This letter is in response to the violations on the farms noted above. We have taken different measures
to try and prevent these problems from reoccurring.
This year we are using a summary sheet that lets us know the hours left to pump per hydrant.
76813: We intend to add 2 hydrants_ We will need an irrigation design and the work done_
7706: We installed pressure regulators plus one bam with individual waterers.
7078-2: We purchased additional land and have an irrigation design. This work is now in
process.
g3_ /� 7171: We have worked out an agreement with a local landowner to spray on his land. The
planning process & installation to add the spray field need to follow.
7701: Pressure reducers have been installed and water goal reduction put in place.
7702: Water saving devices has been installed and water reduction is occurring.
We are trying to reduce water usage on all farms. In addition to our regular water usage, we have dealt
with excessive rainfall this past year. We have tried to put ourselves in a better position this season but
the rainfall did hurt us.
Thank you for working with us and if there are any questions please give me a call at [phone].
If I can not be reached at the above number please call [phone] and they can contact me with
the message.
Thank you,
Leslie Stutts
Farming and Environmental Mgr.
Laurinburg Division

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
FAYET-rEVILLE REGIONAL OFFICE
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Drawer 856
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc.
Facility No. 83 -19
Permit No. AWS830019
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
level of the lagoon was less than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 16 inches. General Permit condition V.3 states that'The maximum
waste level in lagoonslbraoge ponds shall not exceed that specified in the CAWMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate
storage to contain the 25 -year, 24-hour storm event plus as additional t 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 Ithe 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
concerning 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 28301-5043
PHONE 910-48G-1541 FAX [phone]
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■ Complete items 1, 2, and 3. Also complete
item 4 it 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. Received by (Please Print 0early).1.B.^' livery
Ueda Shenton f o/i0
C. Signature
❑ Agent
LL ,, (� jy J�
1 U' `�' "`p
X
�1'V ❑Addressee
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
2�ZZ OC, 2.+Weor
3. Service Type
}certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4, Restricted Delivery? (Fxtra Fee) ❑ Yes
2. Article Number (Cop from service labs!}
Z 160 98824
PS Form 3811. July 1999 Domestic Retum Receiot 1025e5 -99 -tin -1759

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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 Stuffs
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: EXPLANATION OF VIOLATIONS
Farms 7768, 7685, 7573, 7574, &-7.1-71
Dear Mr. Stuffs:
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 CAWMP, then the facility is not in
compliance with the CAWMP.
P.O. BOX 29535, RAL[IaN, NORTH CAROLINA 27626-0535
PHONE [phone] FAX PID -73'3-2406
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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 Ieft 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].
a
i
Sincerely,
Jeffery Brown
Environmental Engineer
SENDER:
I also wish to receive Me follow,
• Complete nems t andlor 2 for adMonef semoes.
ing services (for an extra fee):
Complete nems 3.4a. and 4b.
6.
O Pnnt your name and address on the reverse of dtie Corm so that we can rstum this
card to you.
1. ❑ Addressee's Address
O Attach this form) to the trord of me fmadpiece. or on tha bade it spam does rxn
2. ❑ Delivery
petmdt.
Restricted
Q Write -Retum Receipt Requested -on the mailpiece below the article number.
• The Retum Reoeipt wig show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
4a. Article Number
P 154.616
996
Leslie Stutts
Carroll's.Foods Inc
Po Box 1767
Laurinburg NC 28353
By:
(Addressee or
Ps Form 3811, December
❑ Registered certified
❑ Express Mail ❑ Insured
❑ Retum Receipt for Marchanaw ❑ CAD
fee is patd)
im59S99-B-o223 Domestic Return
ra
F-
r3.
D
6.
`:.
Leslie Stutts
Carroll's.Foods Inc
Po Box 1767
Laurinburg NC 28353
By:
(Addressee or
Ps Form 3811, December
❑ Registered certified
❑ Express Mail ❑ Insured
❑ Retum Receipt for Marchanaw ❑ CAD
fee is patd)
im59S99-B-o223 Domestic Return
ra
F-

June 28, 1999
Jeffrey Brown
Environmental Engineer
NC Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
RECEIVED
III U L 6 - 1999
FAYETTEV U E
REG. C -8 'c ICE
CMROLL'S FOOD S, INC.
Box 1767 • 325 McKay 5geet
Laurinburg, North Carolina 28353
PH: 910276-064$ FX: 910276-2950
SUBJECT: RESPONSE TO VIOLATIONS
Farms 7768, 7685, 7573
7574, and 7171
Dear Mr. Brown,
Farre 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 Stuffs
Farming and Waste Manager
Laurinburg Division

4iv
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 14, 1999
Carroll's Foods, Inc.
Attn.: Leslie Stutts
P.O. Box 1767
Laurinburg, NC 28353
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 830019
Farm # 7171
Facility No. 83 - 19
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 28, 1999, the Division of Water Quality at the Fayetteville Regional
Office inspected the Carroll's Food Farm #7171 swine facility. Several small
trees were identified growing on the back slopes of the lagoon dikes, and it was
also noted that the inside and back slopes of the lagoon dikes had not been
mowed. A wet area was observed at the toe of the lagoon dike adjacent to the #5
irrigation hydrant. There was evidence to indicate that the irrigation pump leaks
some wastewater during irrigation events, however there was no evidence to
indicate wastewater had left the property. 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). According to Mr. Jimmy
Oxendine, the on-site representative, the coastal bermuda had recently been
resprigged. However, there appeared to be little evidence of coastal bermuda in
the 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
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
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 20301-5043
PHONE [phone] FAX [phone]
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Page 2
Farm #7171
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. Maintain the inside and back slopes of the lagoon dikes so that they can be inspected for evidence
of erosion, seepage, and damage by animals on a routine basis.
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. Perform a more thorough investigation of the waste application equipment before and during
irrigation events to assure that the system is working properly.
5. 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,
Paul . R w s
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Ed Holland - Scotland Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh