820471_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

State of North Carolina
Department of Environment SFP 3�Aka
and Natural Resources
Division of Water Quality (;
Michael F. Easley, Governor "} DWO
William G. Ross Jr. Secre -MCDENR
Gregory J. Thorpe, Ph.D., Acting Director NORTH CARoumA DEPARTMENT of
ENVIRONMENT AND NA7uRAL RESOURCES
August 30, 2001
Mr. Don Butler CERTIFIED MAIL
Murphy -Brown LLC RETURN RECEIPT REQUESTED
Post Office Box 856
Warsaw, NC 28398
RE: Remission Granted
File No. PC 00-071
Carroll's Farm #2508
Farm #82-471
Dear Mr. Butler:
Under the authority delegated to me by the Secretary of the Department of Environment
and Natural Resources, I considered the factors related to the high freeboard level in the lagoon
at Farm #2508 that occurred during March 2000. Because the lagoon marker was determined to
be inaccurate and the high freeboard level was reported within 24 hours of first knowledge, I
have decided not to assess a civil penalty in this case.
The Division of Water Quality appreciates the company's efforts to operate the farm in
accordance with state laws and regulations.
Sincerely,
6Gr ry ;-Tnh o rTp e, Ph.D.
cc: �Rawls, Fayetteville Regional Supervisor
Bob Heath, FRO
File # PC 00-071
Central Files
, Mailing Address: Telephone [phone] Location:
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 /Affirmative Action Employer
50`k recycled / 10% post -consumer paper
http://`h2o.enr state. nc.us

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
SEP 1 3 2001
,S
Michael F. Easley, Governor ELL, UVV
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Don Butler
Murphy -Brown LLC
Post Office Box 856
Warsaw, NC 28398
Dear Mr. Butler:
��A
WDENR
ENMRONMENT Amo NA vRAL RESOURCES
August 30, 2001
CERTIFIED MAEL
TURN RECEIPT REQUESTED
RE: Remission Granted
File No. PC 00-071
CarrolI's Farm #2508
Farm #82-471
Under the authority delegated to me by the Secretary of the Department of Environment
and Natural Resources, I considered the factors related to the high freeboard level in the lagoon
at Farm #2508 that occurred during March 2000. Because the lagoon marker was determined to
be inaccurate and the high freeboard level was reported within 24 hours of first knowledge, I
have decided not to assess a civil penalty in this case.
The Division of Water Quality appreciates the company's efforts to operate the farm in
accordance with state laws and regulations.
Sincerely,
Gr ry .Thorpe, Ph.D.
cc: Paul Rawls, Fayetteville Regional Supervisor
>ab Beath FRO
File # PC 00-071
Central Files
Mailing Address- Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affrmatn-eAction Employer
50% recycled / 10% post -consumer paper
htrp: //h2o. enr. state-nc- us
Location:
512 N. Salisbury St -
Raleigh, NC 27699-1617

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08/20/2001 13:23 919-733-0059 NON -DISCHARGE COMP PAGE 61
Sieve Lewis
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
[phone] ext. 539
[phone] (fax)
To: Paul Flaws
Fax:
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMLNT AND NATURAL RL301ARCE3
From: Steve Lewis
Pages: 6
Plane: Date: 08/2=1
Re: Remission Request CC:
❑ Urgent ❑ For Review 0 Plea" Comment ❑ Please Reply ❑ PteAme Rmmyds
Paul — FYI — This case is on the calendar for the Aug. 29'h enforcement conference.
Joe did the case. I don't know much about it.
E�� ��,.� �- �.�-t.; ,� all � r-- �' � i � �► � � -

08/ 20/ 2001 13: 23 919-733-0059 NON -DISCHARGE COMP PAGE 02
Murphy -Brown....
August 9, 2001
Mr. Joe Albiston
NCDENI, DWQ
1617 Mail Service Center
RalciO, NC _17699-1617
RE: Civil Penalty Assessments
Carroll's Foods Farm 42508
PC 00-071
Dear Mr. Albiston,
REGEW11
A% 14,20
w�TER aUALqy GFc-loN
P.O. Box 966
Warsaw; NC 28M
910-293-3434
910-293-7551 Fax
I am writing to request that the civil penalty in the amount of $1,135.36 assessed in this
case be rescinded for the following reasons:
I . The civil penalty was, in my opinion, wrongly assessed. The facts in this case
indicate that our personnel did, in fact, notify DWQ within 24 hours of first
knowledge of a high freeboard level (see copy of March 21, 2000 letter from Dave
Nordin to Bob Heath attached).
2. We have a company policy of cooperation with DWQ and a commitment to report
environmental nonconformances whenever they occur. We also expect DWQ
inspectors to let us know if they identify a problem on any of our farms. In this case
the inspector apparently was called by some unidentified third party who suggested
this farm had a high freeboard level: Our personnel were not contacted at that time,
otherwise we would have met the inspector at the site to evaluate the situation.
I There was no environmental impact as a result of a freeboard level 6/10% of one inch
above the compliance target. A plan of correction was promptly prepared, submitted
to DWQ, and implemented,
4. A freeboard violation resulted as a result of prolonged rainfall, not operator
negligence.

08/20/2001 13:23 919-733-0659 N❑N-DISCHARGE COW PACE 63
1
Alblstolk r ;
Page 2
Given the above facts, it is our belief that issuance of a civil penalty is inappropriate,
excessive, punitive, and unfair under the circumstances_ Your favorable consideration of
our request will be appreciated.
cerely,
Don Butler ..
r
Director, Government Relations
& Public Affairs
cc: Jeff Turner
Kraig Westerbeek '
Howard Hobson
Dawn Williamson
Dave Nordin
Mike Miller

08/20/2091 13:23 919-733-0059 NON -DISCHARGE COMP PAS 85
CARROLUS FOODS, INC,
P. 0. Drawer ess
WARSAW, NORTH CAROLINA 28398
To: Don Butler
From: David Nordin
Re: Carroll's Farm 2508
Farm 4 82-471
Case 4 pcOO-071
On March 21, 20001 received a call from a DWQ inspector stating that we had not
reported a high freeboard at 2508 (less than 19 inches). it was indicated thnt a third'
P S � ) FAY -
had notified the DWQ office. I raised the question as to why he had not called another + '
Carroll's employee or myself from the environmental side, to meet him at the farm. I
pointed out that Carroll's Foods is as concerned as DWQ about being in compHance and
would be willing to meet an inspector on site at any time.
After some consideration, I called the inspector back about the circumstances of the visit'
I also pointed out that it had rained on and off all day Monday (March 20') until some
time: after mid -night -
The lagoon levels are taken and turned in on Monday with the reports being sent to the
appropriate DWQ office (see copy attached). The level report dated 3/19/00 showed a
lagoon level of 19 inches. On Tuesday, March 21 5'the complex managers were asked to
take new level readings. On March 21 and then on March 22 readings were rtported to '
DWQ (see copies attached). The POA was submitted on March 24 (see copy affachod).
I also asked our technical specialist to take a transit reading on the lagoon at 2508 (see
copy of field notes attached.). The transit reading on March 23 was 18.48 inches (from
the lowest point on dam with a laser).
Davo Nordin
,,e
cc: Howard Hobson
Mike Miller
r.�
V

08/20/2001 13:23 919-733-0059
A•
NON -DISCHARGE COMP PAGE.;84
March 31, 2000
Mx- Bob Heath
Division of Water Quality
Response: Farm 2508
CARROLL'S FOODS, INC. ...
P. O. Drawn 856
WARSAW, NORTH CAROLINA 2=5
Facility No. 82-471
Permit No. AWS 820471
L We are lowering our freeboard level following our waste application plari as weather and field
conditions permit. The lagoon level is presently at 19 inches,
2. We are reporting our freeboard levels to the Division of Water Quality offices. I explained to Mr:
Heath that we have the levels reported just prior to the start of each work week and the levels are
rnorutored throughout the week Upon receiving the printout on 3/21/00, I fwted the appmopaia�e
levels less than 19 inches. The levels up to this event and the dates recorded are:
3/5/2000 21 inches
3/12/2000 21 inches
3/19/2000 19 inches
The rainfall event that occurred on March 20, 2000 lasted until 11:00 P.M. (the last rainfall that
I'm aware of). Mr_ Heath called W_ Hobson on March 21, 2000 and informed him of a violation
on lagoon level. My question is are we to report this level during or after a rainfall event and do.
we have 24 hours after to report levels? I do not disagree that the level became less d=19 p
inches from the rain. Mr. Hobson checked the level of the lagoon and found it to be 18.4 iixehes:. `•.`
3. A POA was turned in as required,
4. Our intent is to operate under the conditions of our Permit.
S. It is zny understanding that a complaint on two issues had been received by the DWQ office. As a
responsible operator, Carroll's Foods, Inc. would like to respond immediately. We feel that our
good working relationship with DWQ could enable us to meet with DWQ to look at the issues
involved,
Sincerely,
David Nordin
Fannmg Manager
DN:cs
Cc: Howard Hobson, Carmll's Foods, Inc,
Steve Lewis, NCDENR DWQ
N.
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08/20/2001 13:23 919-733-0059 N©N—DISCHARGE COME' PAGE 07
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., GovernorRECEP P- D
Bill Holman, Secretary
Kerr T. Stevens, Director AUG 7 2000
r . -i IL'Vii- t
REV. OFFICE
MR. HOWARD HOBSON
CARROLL' S FOODS, INC.
P. O. BOX 856
CLINTON, NC 28328
SUBJECT:
Dear Mr. Hobson:
A
�
NCDENR
NORTH CAROU14A DEPARTMENT OF
ENVIRONMENT AND NaURAL RESOURCES
August 3, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
General Permit Violations
Carroll's Farm #2508
Farm #82-471
Sampson County
File No. PC 00-056
This letter transmits notice of a civil penalty assessed against the Carroll's Farm #2508 in
the amount of $1135.36 including $135.36 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
I . Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver farm).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-0I Raleigh, NC 27699-1617
An Equal OOpportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr. state. tic. us

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-16I7
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or Iegal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of.
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments -
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALITIES AGAINST
PERMIT NO.
Having been assessed civil penalties totaling
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINSTRATWE HEARING AND
STIPULATION OF FACTS:
FILE NO:
for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. PC 00-056
IN THE MATTER OF }
HOWARD HOBSON )
FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS ) CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Howard Hobson owns and operates the Carroll's Farm # 2508, a swine operation
in Sampson County.
B. Howard Hobson was issued Certificate of Coverage AWS820471 under General
Permit AWG I00000 for Carroll's Farm # 2508 on May 26, 1998, effective May
26, 1998, with an expiration date of December 31, 2001.
C. Condition No. V. 3. of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (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 an additional one (1) foot of structural freeboard."
D. The CAWMP for Carroll's Farm # 2508 requires that the waste level in the lagoon
does not exceed nineteen (19) inches.
E. Condition No. Ill. 6. e. of the "Monitoring and Reporting Requirements" of the
General Permit requires 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 first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.

F. DWQ staff from the Fayetteville Regional Office inspected Carroll's Farm # 2508
on March 20, 2000 and observed that the waste level of the lagoon was seventeen
(17) inches which exceeded the level specified in the CAWMP.
G. The Fayetteville Regional Office had not received notification from Howard
Hobson that the waste level exceeded the level specified in the CAWMP.
H: The costs to the State of the enforcement procedures in this matter totaled
$135.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Howard Hobson is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Howard Hobson violated Condition No, V. 3. of the General Permit by failing to
maintain the liquid level in the lagoon at the level specified in the CAWMP.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
III. 6. e. of the General Permit.
E. Howard Hobson may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Howard
Hobson pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Howard Hobson is hereby assessed a civil penalty of:
$ goo for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
S �So6 for violating Condition No. III. 6. e. of the General Permit by
failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence cif failure to
maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition No. V. 3
$ V . oo d TOTAL CIVIL PENALTY, which is S percent of the
maximum penalty authorized by G.S. 143-215.6A.
S. 135.36 Enforcement costs
IL TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
9:73-0o XS
(Date) Kerr T. Stevens, Director
Division of Water Quality

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
HOWARD HOBSON
CARROLL'S FOODS, INC.
P. O. BOX 856
WARSAW, NC 28398
Dear Mr. Hobson:
OC T 1 6 2000
RE a. OFR` -E
SUBJECT:
1�•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAruRAL RESOURCES
October 11, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Retraction of civil penalty and
issuance of revised civil penalty
Carroll's Farm #2508
Farm #82-471
Sampson County
Retraction of Case # PC 00-056
Issuance of Case # PC 00-071
On August 22, 2000, The Division of Water Quality assessed a penalty in the amount of
$1135.36 against Howard Hobson for violation of permit conditions by having and not reporting
a high freeboard. Upon further investigation, it is the decision of the Division of Water Quality
to retract civil penalty assessment case #PC 00-056. Attached please find a revised version of the
assessment document with new case # PC 00-071 assessing Carroll's Foods, Inc. a civil penalty
in the amount of $1135.36.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s)_
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh. North Carolina 27699-1617 State Courier #5 2-01 -01 Raleigh, NC 27699-1617
An Equal Opportunity,/Affirmative Action Employer
50%r recycled / 10% post -consumer paper
http:1A2o. enr.state.nc. us

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhom
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Joe Albiston at [phone], ext_ 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

d I
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS .
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA . NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. PC 00-071
IN THE MATTER OF )
CARROLL'S FOODS, INC_ )
FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS ) CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carroll's Foods, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Carroll's Foods, Inc. owns and operates the Carroll's Farm # 2508, a swine
operation in Sampson County.
C. Carroll's Foods, Inc. was issued Certificate of Coverage AWS820471 under
General Permit AWG 100000 for Carroll's Farm # 2508 on May 26, 1998,
effective May 26, 1998, with an expiration date of December 31, 2001.
D. Condition No. V. 3, of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (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 an additional one (1) foot of structural freeboard."
E. The CAWMP for Carroll's Farm # 2508 requires that the waste level in the lagoon
does not exceed nineteen (19) inches.
F. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the
General Permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
Zn
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.

G. DWQ staff from the Fayetteville Regional Office inspected Carroll's Farm # 2508
on March 20, 2000 and observed that the waste level of the lagoon was seventeen
(17) inches which exceeded the level specified in the CAWMP.
H. The Fayetteville Regional Office had not received notification from Carroll's
Foods, Inca that the waste level exceeded the level specified in the CAWMP.
I. The costs to the State of the enforcement procedures in this matter totaled
$135.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Carroll's Foods, Inc. is a "person" within the meaning of G.S. 143-2t5.6A
pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1,
C. Carroll's Foods, Inc. violated Condition No. V. 3. of the General Permit by failing
to maintain the liquid level in the lagoon at the level specified in the CAWMP.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to -maintain storage capacity in a Iagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
III. 6. e. of the General Permit.
E. Carroll's Foods, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($25,000.00) per violation may be assessed against a person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Carroll's
Foods, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Carroll's Foods, Inc. is hereby assessed a civil penalty of:
$ d for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
for violating Condition No. M. 6. e. of the General Permit by
failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition No. V. 3
$ �a o TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 135.36
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) . The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
_lv ' i\— no _ a,.
!
�'.. t �
(Date) Kerr T. Stevens, Director
Division of Water Quality

avwk NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
DIVISION OF WATER QUALITY
August 18, 1999
Carroll"s Foods, Inc.
Attn.: Howard Hobson
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No, AWS 820471
Farm #25d8
Facility No. 82 - 471
Sampson County
Dear Mr. Hobson:
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 August 11, 1999, the Division of Water Quality at the Fayetteville
Regional Office conducted a routine inspection of Carroll's Farm #2508 located
in Sampson County. It was observed that the discharge pipes from the buildings
to the lagoons were causing severe erosion of the inside slopes and need to be
corrected immediately. There were several small trees growing on the inside `
slopes of the lagoon dikes, that need to be removed as required by General Permit
condition H.10 which states that "Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees
shall be removed in accordance with good engineering practices.".
There was evidence to indicate that wastewater had left at least two different
waste application fields. A review of the irrigation records indicated that the Plaint
Available Nitrogen (PAN) rates had been substantially exceeded above that which
was specified in the Certified Animal Waste Management Plan (CAWMP). The
coastal bermuda in Fields 4A and 4B had been over applied on by 261 and 262
pounds of PAN accordingly in 1998. The General Permit in condition IH.61
states that "Tire Permittee shall report by telephone to the appropriate Regional
P.O. Box 29535, RALEIGH, NORTH CAROLINA 27626-0595
PRONE 91 a-75S-7015 FAX PI O-733-2496
AN EQUAL OPPORTUNITY : APPIRMATIYE ACTION EMPLOYER - 50% RECYCLE0/10% POST -CONSUMER PAPER

Page 2
Carroll's Farm #2508
August 18, 1999
Office as soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of any of the following events: (f) Overapplying animal waste either in excess of the
limits set out in the CAWMP or where runoff enters surface waters.". The General Permit also states
in condition II.4 states that "Land application rates shall be in accordance with the CAWMP. In no
case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or
result in runoff during any given application.". It was noted that the coastal bermuda was weak in
some areas and contained competition with other grasses and broadlead weeds.
Due to the severity of the over application that has been documented, this facility will be referred
to the Groundwater Section within our Division for review.
The Division of Water Quality requests that the following items be addressed:
1. Immediately extend the discharge pipes away from the inner walls of the lagoon dikes to prevent
further erosion. Repair and stabilize the portions of the inside slopes that have been damaged. After
these areas have been repaired, establish a grass cover to prevent future erosion.
2. Contact the local MRCS district for assistance in removing the small trees from the inside slopes
of the lagoon. Maintain both the inside and back slopes of the lagoon dikes so that they can be
inspected routinely for evidence of erosion, seepage, and damage by animals.
3. Conduct a more thorough inspection of the irrigation equipment and waste application fields
before, during;, and after irrigation events to determine that all components of the irrigation system
are working properly and that wastewater is being applied at agronomic rates to prevent runoff or
ponding of wastewater.
4. Provide a detailed explanation as to why there was evidence to indicate that wastewater was
allowed to leave the waste application fields.
5. Comply with the CAWMP and the General Permit when applying animal waste using the correct
PAN rates as specified for each crop.
6. Adhere to all of the General Permit conditions.
7. Provide this office with a detailed explanation as to why the coastal bermuda was over applied
on by such an excessive amount in 1998.
8. Please provide this office with a map of the spray fields as outlined in the CAWMP specifying
the amount of PAN each crop for that field that had been over applied on.
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.

Page 3
Carroll's Farm #2508
August 18, 1999
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 Ievy a civil penalty of not more than 525,000.00 per day per
violation.
Please provide a written response to this office on or before September 10, 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 E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Dennis Ramsey - Non -Discharge Branch
Art Barnhardt - DWQ Groundwater Section

September 10, 1999
Mr. Paul E. Rawls
Regional Water Quality Supervisor
Wachovia Building, Suite 714
Fayetteville, NC 28301
Dear Sir:
CARROLUS FOODS, INC.
P. O. Drawer 856
NORTH CAROLINA 2=8
—01 RECEWED
s t P 13 1999
FAYE1'EVILLE
REG. OFFICE
The following is our response to the items you requested to be addressed in the NOV dated August 18, 1999, ref.
Farm 2508.
1. All discharge pipes have been extended to prevent the possibility of lagoon dike erosion.
2. Technical specialist recommended that the regrowth of woody perennials be sprayed with Crossbow herbicide to
prevent sprouting. Controlling with herbicide was recommended to prevent erosion problems that potentially
could occur if the bushes were removed mechanically. The application of the herbicide has been completed.
Subsequent applications will be made as required to eradicate these bushes. It should be noted that the bushes in
question are on the up slope between the lagoon and the buildings. Therefore they are not on the lagoon
embankment and do not constitute a lagoon safety hazard. It has been our program to cut those bushes annually.
They were cut 3/12/99. This had to be accomplished by hand because of the length of slope from the top to the
bottom. The hand cutting will be replaced by chemical control.
3. Waste application operators have been instructed to complete a tine -of -sight inspection of all sprinklers
operating in any given zone each time they check on the system during operation. This will eliminate the
possibility that a check could be made in which not all sprinklers were observed because sprinklers in low lying
areas would be over the horizon.
4. Based upon a site investigation we could not find evidence that any runoff had extended into the bordering
woods.
5 and 6. It is the intent of all concerned to comply with current CAWAP and General Permit conditions. The animal
population on this farm will remain reduced (see 7. Below) unless another acceptable solution can be
implemented. No over application on the spray fields has occurred this year nor will it be allowed.
7. Water usage has historically been high on this farm because of the number of buildings involved (40). This
farm was originally built as a multiplier to produce guilts as breeding stock. Each week's farrowing and nursery
has a separate building with an open gutter watering system. New farm lay outs and watering systems are more
efficient on water usage. The high water usage was compounded by excessive rainfall leading up to the spring
of 1998. High lagoon level was noted on the 3/20/98 inspection. in order to not go into the winter months of
98/99 without adequate storage capacity an attempt was made to maximize the utilization of the nutrients using
frequent, light applications on the bermuda grass for hay production. This seemed to be the best solution given
the obstacles which we faced. This dilemma was noted on the subsequent 7/21/99 inspection. In light of the
situation described above all sows were removed form the farm in September 1998. Total animal numbers were
reduced to a level which will prevent over application of nitrogen on the spray fields.
8. See enclosed WUP and map.
Sincerely,
W_ R. McLeod
Environmental Manager

B-fil L -hl %n� s-h

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
}-W
zt,
DIVISION OF WATER QUALITY
March 21, 2000
6VERNO
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
L 1: 140L�MAN
..-SECRETARY
Mr. Howard Hobson
Carroll's Foods, Inc-
P.O. Box 856
kk Nyf.41
r, V101"iVide-AW Clinton, NC 28328
Subject: Notice of Violation/NQJiCe of Intgnt
Carroll's Farm# 2508
Facility No: 82 - 471
Permit No, AWS 820471
Sampson County
,
LT
Dear Mr- Hobson:
P
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,
A
you have been found to be in violation of your 2H.0217 Permit.
A
On March 20, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality performed an inspection of the lagoon level at the Carroll's Farm 4
2509 located in Sampson County, The inspection revealed that the freeboard level of
the lagoon was 17 inches which is less than the minimum required in the General
Permit for this facility. The General Permit condition 111.6.e. states: " The Permittee
shall report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following 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 equ'al to that required in Condition V(3) of this General Permit."
T 2
The Division of Water Quality requests that the following item(s) be addressed
Lower the lagoon level to the required freeboard on a suitable waste application
field as soon as weather permits in accordance with your CAWMP.
2. Report the freeboard level to the Fayetteville Regional Office in accordance
7A
with your General Permit within the required time frame.
f
3- Complete the enclosed Plan of Action (POA) within 49 hours of receipt and
return to the Fayetteville Regional Office of the Division of Water Quality
- ;,m - , jr4A 28301-5043
,4� 225 GREEN STREET, SUITE 714 / SYSTEL BLD- FAYETYEVIL�LF, NORTH CARo L
2
PHONE DIO-486-1541 FAXPID-486-0707
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Mr. Howard Hobson
March 21, 2000
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 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 March
31, 2000. A copy of this rsponw will also need to be submitted to the DWQ Central Office at the
following address:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Information provided to this office and the DWQ Central 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].
S • ly,
_J
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Central Files -Raleigh

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