820464_ENFORCEMENT_20171231

NUH I H LARULINA
Department of Environmental Qual

ti
Murphy -Brown
MBE LNM
December 20, 2010
ATfN: Robert Marble
NCDENR
Division of Water Quality
Aquifer Protection Section
225 Green St., Suite 714
Fayetteville, NC 28301
755 Hwy.24150
Warsaw, NC 28398
Subject: Notice of Deficiency
Farm 2546, Facility #82-464
AWS820464
Sampson County
NOD-2010-PC-1 1 xx / Incident No. 201000749
Dear Mr. Marble,
RECEIVED
DEC 2 2 2010
DENR-FAYEfTEMLI.E REGIONAL OFFICE
This letter is being sent in responsefo a Notice of Deficiency letter issued by your office on the
above mentioned facility owned by Murphy Brown, LLC. This facility was impacted by chronic rainfall
which saturated application fields. These conditions did not allow us to land apply in accordance with
permit conditions for a period of time. Instead of land applying in a manner that would have possibly
caused there to be ponding or runoff, we stored the excess rainfall in our lagoon system. As soon as
the weather and field conditions allowed, land irrigation resumed. The facility was brought back in
compliance per the 30 day plan of action.
If you have any questions regarding this matter, please do not hesitate to call me at [phone] or
email me at [e-mail].
Sincer ly,
Greg Carr
Environmental Resource Specialist
Murphy Brown East

94Lie
�A
Affl ..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Murphy -Brown, LLC
Farm 2546
PO Box 856
Warsaw, NC 28398-0856
Subject
Coleen H. Sullins
Director
AQUIFER PROTECTION SECTION
November 18, 2010
NOTICE OF DEFICIENCY
Farm 2546, Facility 482-464
A WS820464
Sampson County
NOD-2010-PC-1 1 xxl Incident no.201000749
To Whom It May Concern:
Dee Freeman
Secretary
&/on jvi�kd V ],d n&-ts,�yv4 40,4-
N60-atoll- 7c- Doq?
On February 6, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified
by Greg Carr of a Nigh freeboard level in the lagoon. We wish to thank Mr. Carr for notifying DWQ of this incident.
As a result of this incident, 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 2T Section .1300, you have been found to be in violation of
your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you
are covered to operate under; as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, NoTt r Carolina 28301 One
Phone: 91OA33-3300l FAX ; 910A86-0707i Customer Service: 1-877-623-6748 NoI thCa1 o�ina
Internet: www.h20.enr.state.nc.us o
An Equal Opportunity 1 Affirmative Action Employer Naturally

r
Cont. Page Two
November 18, 2010
Farm 2546
On February 6, 2010 a lagoon/storage pond level was documented at 16 inches. A level of 19 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan.
Required Corrective Action for Deficiency, 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to correct the above deficiency and to provide a written response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken
and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact our office at (910)-433-3300.
Sincereh,,
�v
Robert Marble
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick - CAFO Unit
Sampson County Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Murphy -Brown, LLC

JIL it
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C13 Postage $
_ M Certified Fee pnstmark
O Retum Receipt Fee Nye
C] {Endorsement Required]
O Reslrlcted fJSRvery Fee
tEndorsement Requz
a total Postage $ Fees
r u sent To j
-
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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 mailplece,
or on the front if space permits.
1. Article Addressed to:
MURPHY-BROWN, LLC
PO BOX 856
WARSAW, NC 28398-0856
A. Si tune
x 3� El Agent
fl
f
s. R� Ived by ( fin Na C. Date of Deliver
�- 5�f1 1-1`Vh'a
0. Is delivery ad different from I 1&S Yes
If YES, enter delivery address below: o
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ fnsured Mail 0 C.O.D.
4. Restricted Delivery? {Extra Fee) ❑ Yes
2• _
7001 2510 0000 6682 8031
PS Form 3811, February 2004 Domestic Return Receipt 102s95-02-W1540

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
MR HAROLD L HOBSON
CARROLL'S FOODS INC
PO DRAWER 856
WARSAW NC 28398
Dear Mr. Hobson:
017
A4
A Oki•
D E N R
September 21, 2000� ' --
SEP 2 9 2000
F.4%-4 E-TTEVILLE
REG, OFFICE
SUBJECT: Acknowledgment Receipt Letter
Farm #82-464
Case No. DV 00-049
Sampson County
This letter is to acknowledge receipt of your check No. 00I974701 in the amount
of S5300.94 received from CarrolFs Foods, Inc. on September 20, 2000.
This payment satisfies in full the civil assessment in the amount of $5,300.94
including S500.94 in investigative costs, levied against Carrell's Foods, Inc. and this
enforcement case has been closed. Payment of these penalties in no way precludes
further action by this Division for future violations.
If you have any questions please call Joe Albitson at [phone] ext. 581.
Sincerely,
dgr4_16�t
eff Poupart
Non -Discharge Compliance & Enforcement
JP/tw
cc: Fayetteville Regional Office
Enforcement/Compliance Files #DV 00-049
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

^HOLMAN '3
RETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL, OFFICE
Division of Water Quality
March 28, 2000
MEMORANDUM
TO: Steve Lewis
Non -Discharge Compliance Group
FROM: Jeffery Brown
Environmental Engi/r/,4
SUBJECT: Enforcement Package
Carroll's Farm #2546
Facility No. 82 - 464
Please find attached a fast track enforcement package pertaining to the discharge
of animal waste at the subject facility.
Thank you for your cooperation regarding this matter. if you have any further
questions or need clarification on any of the details please contact me.
JB
Attachment
22S GREEN STREET, SUITE 714 1 SYSTEL BLV. FAYETTEv16.LF. NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN E4UA4 OPPORTUNITY / AFFIRMA7IVE ACTION EMs'4OYER - 50% RFCYGLEW10% POST —CONSUMER PAPER

Fast Track Freeboard NOV Checklist
Date cxs)
Time
Onsite Rep
Facility Name
Facili!y Location SK
19o4-
V G
Name of Owner .,
Address of Owner P o
Name ofCerL Operator
TYPe of Facility (sow, feeder to finish. etc.)
Fe-t"z-,
Number of animals onsite
Number of animals certified for DO U
Freeboard level
Notes:
V,- 4V
4,, tar,
re-e 15 o
f -4
i
MI 5'f
-T,vv:C}4- -,4,Lc�' U�4-
44 hm
TiAzzi J;-)v�4 .1
x
C-0 ic- A,
vG
1A co'p.'A, J,
ICF
U,� 0', 39� X
InspectoesSignature
Date
-75;3-, IONO

Facility Number Date of Inspection
Time of Inspections C� 24 hr. (hh:mm}
Permitted )� Certified © Conditionally Certified 13 Registered 10 Not Operational I Date Last Operated:
Farm Name: ............ 41.:i y ...............d� (�..t�..... County:....................co..........................
f ........................... .---..
ffc p
OwnerName: .................i....-..... 5........s, iz.'........................-.... Phone No:.....................1�.. c}..�..lr+.................
Facility Contact:....................•---........................-----........... .... Title:.......................... Phone No
FlailingAddress: ........... P �........60(..........�F-5LP.]]..../...f................................................. .............. �..............................
Onsite Representative: ............... 0al Integrator ........
Certified Operator: ...... 0(nj......,.:.......... Operator Certification Number: ..........................................
Location of Farm: `3 l
L................................................................................................................... ........................................................ .......................
Latitude �• �� ��� Longitude �• �' �'=
Design Current
Swine Cilivinaty Population
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
Farrow to Finish
�
Gilts
❑ Boars
Design Current Design:: Current
Poultry Capacity Po ulation Cattle :Ca aci Pa uElation :
❑ Layer ❑ Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design-. Capacity_- = pt�
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? Yes ❑ No
.„
Discharge originated at: y
Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed. was the conveyance roan -made? ❑ Yes U(No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) PrYes ❑ No
c- If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If ves, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discliai>ge❑y .Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑' es�� o
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
W
Identifier: "-F
Freeboard(inches):..r.................................................................................................•--•.....................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
3123/99 Continued on back

Facility Number: $�— (, Date of Inspection
6. 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/improvemeni? • ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require main tenanceti mpro veme nt? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ❑ No
Waste Annlicution
10. Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
11. Is there evidence of over application? XExcessive Ponding ❑ PAN
kf Yes
❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
1S. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, e(c.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Js facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
O:�Qovi►l t(ions:oe-Mjcj6ndie_ a noted-d(Wifgthis'visit:-Y:otkWill•t•eeeiyeti6fue t f : :
corres• oridence: abouk this visit :::::
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
[Yes ❑ No
❑ Yes to
❑ Yes ❑ No
❑ Yes ❑ No
Use drawxugs of facility to better:explatn sttiratians (use additional -pages 4sinecessa.7 - r a7-
rT Sr C 654 trRSOw1kCkTt CM -or 11rn5u. v a+ -RK -l4a f Ri�s�
C),4)4o*v i.uti5 os► .� Sll a4 1�1t- ?��+�► W Si4 tJ,54, r-t+{�+ i�i,
a sE1Lle j_fJ�`r''�r. C# of
pC94 dwe r►'ti�e ct i�e A'�U C., 11'^i� ,d) 4 irrr�ej� Lues
tk -5W I a
f I I
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date:

Facility Number: 01— 4 Date of lcrcpection
Odor Isstses
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atfor below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. .Arc there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application'? (Le. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc_) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permancnt/temporary cover? ❑ Yes ❑ No
Additional -Comments: and/or i)rawtn
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FAYEITEVILLE DIVISION
817 Castle Hayne Street Fayetteville, NC 28303 Phone [phone] Fax (910) W-877d
CHAIN OF CUSTODY RECORD
PAGE �_ OF
CLIENT NAME 6 ADDRESS:
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PRESERVATION CODE
CODE: A = <4'c ONLY
8 = HNO3 (ph<2) + <4'C
C = H2SO4 (ph<2) + <4'C
D = NaOH + <4'C
E = ZN Acetate + <4'C
F =
CONTACT PERSON:
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SAMPLER:
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DATE f METHOD OF SHIPMENT;
LAB ID #
TYPE
DATE
TIME
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GRAB
pit
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Comments or Special Hazards:

O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
hq://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DW4
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Discharge Paint - ID #OOWE21426
2. 2nd Disharge Point - ID #OOWE21427
3. Swamp - ID #OOWE21428
DATE REC'D: 02/29/00 SAMPLED: 02/29/00
SAMPLED BY: J. Brown
DELIVERED BY: J. Hasty
SAMPLE CODS: WW, Stream, Grab
REFERENCE: Carroll`s Farm #2546
DATA REVIEWED BY: Z5�/2(�Z�
DATE REPORTED: 03/15/0
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++i+++++ii+
ANALYSIS bil TROD 1 2 3
ii+i+i+++t+i+iii+itiiitii+i+++i+i+i++ititiiii+ti++++i+++i++i+i+iii++++i+++ti+++++i
BOD (mg/L) EPA 405.1 97.7 66_0 53.3
COLIFORM, FECAL (per 100 ml) SM18 9222D 170000 240000 130000
NITRATE (mg/L) EPA 353.3 <1.0 5.31 1.34
COIbea1T5: < = Less than
> = Greater than
PAGE 1 OF 1
RECEIVED
HAR 2 4 2060
FEMLLE
RE pFFICE
The data and other information contained on this, and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

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February 30, 2000
Mr. Jeffery Brown
DEHNR
Division of Water Quality
Suite 714, Wachovia Building
Fayetteville, NC 28301
CARROLL'S FOODS, INC.
P. O. Drawer 856
WARSAW, NORTH CAROLINA 28398
RECEIVED
h1AR 2 - 2000
FAYETTEwLLE
REG. OFFICE
Subject: Actions taken regarding spill at Carroll's Foods, Inc. Farm #2546 on February 29,
2000
Dear Jeffery,
Please find listed the below the actions taken on the subject farm:
1. Irrigation was stopped when runoff was observed.
2. Temporary check dams were installed to prevent runoff from entering the run of
Gilmore Swamp.
3. Pumps have been brought in to remove ponded water and spray it on approved fields.
4. Farm personnel are reviewing the situation in order to prevent future spills.
5. For the previous release that reached surface water I have sent a required notice to
specified media (copy attached).
We realize that that there are no acceptable excuses for spills, but in many cases there are
reasons for spills. Unlike other entities in Eastern North Carolina, the hog industry
continues to manage excess water from the past 3 hurricanes. The recent directives
regarding lagoon levels has forced operators to stretch the limits on their equipment,
personnel, and CAWMPS. This spring we will be reviewing our operations before, during,
and after the natural disasters. Hopefully, we will be able to prevent some of the stress
everyone is now experiencing.
Sincerely
Howard L. Hobson. Technical Specialist
Carroll's Foods, Inc.
Cc: Don Butler, David Nordin

RECEIVED COPY
M ,�R 2 - 2000
FAY OUFICE
LL
REG
Notification of Wastewater Spill in Sampson County
House Bill 11 60,.which the General Assembly enacted in July 1999, requires
that municipalities, animal operations, industries and others who operate
waste handling systems issue news releases when a waste spill of 1,000
gallons or more reaches surface waters.
In accordance with that regulation, the following news release has been
prepared and issued to media in the affected county:
A release of wastewater from a spray field from Carroll's Foods, Inc. Farm
#2546 was discovered on February 29, 2000. An estimated 1000 gallons of
wastewater entered Gilmore Swamp which is a tributary of Six Runs Creek
in the Cape Fear River Basin.
The Division of Water Quality is aware of the event and is reviewing the
matter. For more information contact Don Butler at Carroll's Foods, Inc. at
910 293-3434 Ext. 246.

a,", JAiviE'sy B. "HUNT JR.-,
i GOVERNOR •�.:
%46,91CL HOLMAN
.: dSECR ETARY
y:j
�KERi2!7rs5TE,rY��N9�;, r�
ij ,•Jf 5f',`s ��y � y� S
•'ti•i
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1--)[VISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICF,
DIVISION OF WATER QUALITY
March 13, 2000
Carroll's Foods, Inc.
Attn.: David Nordin
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820464
Carroll's Farm 42546
Facility No. 82 - 464
Sampson. County
Dear Mr. Nordin:
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 February 29, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Carroll's Foods Farm #2546 swine facility
in Sampson County. It was observed that the facility was irrigating and wastewater
was ponding and observed leaving the spray field in two, different locations. It was
then recommended to Mr. Clayton Murphy, a Carroll's employee, to construct an
earthen berm behind one of the locations to prevent wastewater from entering the
stream. However, wastewater was observed discharging into Gilmore Swamp,
which is Class "C SW" waters, in the second location. Approximately 10-15 dead
fish were observed in Gilmore Swamp. There was also evidence to indicate that
wastewater had left the same spray field at a third location as a result of a previous
irrigation event.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH GAROLINA 28301-5043
FmoNE 910.486-1541 FAX 9f0-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIvE ACTION EMPLOYER - 50`jb RECYCLED/10`Ye POST -CONSUMER PAPER

Page •2
Carroll's Farm #2546
March 13, 2000
2. Provide a detailed explanation as to why wastewater was allowed to leave the waste management
system and what steps have been taken to prevent incidents of this nature from occurring in the
future.
3. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility,
which are not in compliance with the CAWMP or the General Permit.
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 $25,000.00 per day per
violation.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
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 23, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
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.

Page 3
Carroll's Farm #2546
March 13, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group

#-•*- . . ` 1
r ..
.
March 17, 2000
Mr. Paul E. Rawls
NCDENR
225 Green Street
Systel Building,Suite 714
Fayetteville, NC 28301-5043
CARROLL'S FOODS, INC.
R. O. [rawer ass
WARSAW, NORTH CAROLINA 28398
RECEIVED
AfAR 2 a 2000
FgyET1'EVI
REG. OFFIOE
SUBJECT: Response to Request Regarding Farm #2546, Facility No. 82-464
Dear Mr. Rawls:
This particular farm has several sprayfields with sloping topography and sandy clay soils.
In order to follow PAN and prevent runoff it is necessary to rotate the irrigation
equipment and utilize all fields (sloping and flat). The large volume of water due to
recent hurricanes has posed a real challenge for our personnel on the farms. The extra
pressure to lower lagoon levels, the topography of the spray field, a clay type soil with
reduced infiltration and the thickness of the grass(difficult to see runoff until too late) were
the major reasons for the runoff from this field.
Many of the reasons listed above are the same for why runoff occurred and why it was
allowed to leave the management system. We have a choice of holding wastewater and
rain water in the lagoon or pumping on sprayfields. Ideally, the waste treatment lagoon
will be managed so that the maximum flexibility will be allowed for irrigation. Again, the
additional 20-30 inches of rainfall have tested the lagoons and the operators. In order to
prevent future incidents we will continue to train and monitor the applicators in the field.
We do not control the weather but will continue to maintain the stop pump liquid level at
lowest level allowed as we move into the fall and especially during hurricane season.
Waste application equipment will be examined and modified (speed, nozzles, etc.) if
possible in order to apply without runoff. During the past few years Carroll's has
purchased four heavy duty aerators. The field folks have seen a great improvement in
infiltration and reduced water movement in those fields where the aerator has been used_
Unfortunately, Farm 2546 had not been aerated and will be a high priority for this year.

Again, the request in Item 3 is covered by many of the above actions. In reviewing the
original SCS plan I observed that the temporary storage depth is 2.8 feet. The liquid level
indicators we installed were all designed for 2 feet of storage. A new marker will be
prepared and installed. Our plan will be to pump according to the CAM1W and manage
the fall level at the stop pump elevation. This will increase the capacity available during
the hurricane months and help to prevent future freeboard deficiencies.
The above explanations along with closing comments serve as our reasons for not
proceeding with recommendations for enforcement. This event was not intentional nor
malicious. The main reason that the incident occurred was the high'volume of additional
water due to a natural disaster. The non -discharge system does not have provisions for
addressing large amounts of additional water. In the attempt to meet state regulations
concerning the liquid level, we took risks that proved to break another rule resulting in
runoff. On behalf of Carroll's Foods, Inc. I respectfully request that this violation not be
recommended for enforcement.
Sincerely,
Howard L. Hobson, Technical Specialist
Carroll's Foods, Inc.
Cc: Steve Lewis, DWQ
Don Butler
David Nordin

Facility Number ;E Date of Inspection cr—
Time of Inspection ; E 24 hr. (hh:mm}
[ Perrnitted Certified © Conditionally Certified 0 Registered JE3 Not Operational I Date Last Operated:
Farm Name: LGcr! � .h.5 ... ' ^" 1. s7'7 � County: ...........�..;ti+ �:.`........��.........................
Owner Name: ............��l� �.._.......0 4=�-15, r� i . •'•.......................... Phune No:...... , ,C....:: �`!-�,,..:.35�3.....................
J........-.. ... ........
FacilityContact:.................................................................... Title:.....................................:.......................... phone No:...................................................
Mailing Address: �� . i�t�X �� �'' (,i?cy-i.S..«`� .....f "1 [................... ...........3....-. 7-y .. . .... .........................I............................ . .
On.site Representative: Integrator:....... a/�d .....
Certified Operator:... t• r`` r`` �it... _................. Operator Certification Number :...... 1....------..........._ _.._......-r�.........
Location of Farm:
Al.:
.......... ............... ............ ............ ....................... .................... ............. ......................... I................. --_... .............. ......... -................ ... ...................................... .-.........
�.
Latitude • �� ��� Longitude a
Design
Swirie: Capac
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
Farrow to Finish
Gilts
❑ Boars
:Number of•]
" Hotillrn�tPueds /
Discharges & Stream Impacts
it Design , Current
on Poultry Ca acity. Po elation Cattle`
❑ Layer I 1 10 Dairy
❑ Non -Layer ❑ Nort-I
❑ Other I I i;
T6ta1=Design Capaci
_ - = Total S3L`
10 Subsurface Drains Present
❑ No Liquid Waste Managen
1. Is any discharge observed from any part of the operation'?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
y Design Current
r Ca'+aci, ` °Po' elation
tiry
A'
Area 10 Spray Field Area
b. If discharge is observed, did it reach Witter of the State'' (If yes, notify DWQ)
c. If discharge is observed. what is the estimated flow in gallinin'?
d. Does discharge bypass a lagoon syswin" (If yes, notify DWQ)
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
3- Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure I Structure ? Structure 3 Structurc 4 Structure 5 Structure 6
Identifier:
Freeboard (inc•hes): .................................... ...........
5- Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepa
3/23199 ge, etc.) Continued on back

Facility Number: T�t. — Tw' Date of Inspection
'6. Are'there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(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 maintenancelimprovement?
8. Does any part of the waste management system other than waste structures require maintenancelimprovement?
9. Do any stuctures tack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Neste Application
10- Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
0 Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility Iack adequate acreage for land application? [] Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Retwired Records & Dnrumcut,;
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit'?
(lei discharge. freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
. �Io-yi Wigns or, detic'rene.i -were pied- ¢luring {bjs;vjsit: � Y:ov wRI •eeegiye rift further - ..
comes otridei�C .about this visit. ..... • • . . . . . .. . . . .. . .
to question #): Explain any YES,aiisweirs and/oi :any i ecominendations c
facilit<y.to'•better explain situations (iuse additional pages as necessary}
1„_,"Ct5 i'►Y.r� � C�.�:3.'1'i't.v�.>:� !-(f Lt<�.�, rt,:�.1
A
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
['Ies ❑ No
] Yes ❑ No
❑ Yes E] No
' 1 h:%4 i.i.aCL :+ L�'iJ`rC� t'a. SJ'''I ti-�C..`' C�/� %�: �r.,� t ��—'Z/ti"'"�•:�l
C _re,rL ,
RCviewer/lns ector Name
Reviewer/Inspector Signature: 1' r..� Date:
2,
A,

State of North Carolina
Department of Environment
and Natural Resources M EC EI V r
U
Division of Water Quality
,tames B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Harold L. Hobson
Carroll's Foods, Inc.
P. O. Drawer 856
Warsaw, NC 28398
Dear Mr. Hobson:
AUG 3 12000
Fey 6-TTEVILLE
REG. OFFICE
+•�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NiuuRAL RE_souRGEs
August 31, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm #82-464
Sampson County
File No. DV 00-049
This letter transmits notice of a civil penalty assessed against Carroll's Farm #2546 in the
amount of $5,300.94 including $500.94 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:
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]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
hup_//h2o. enr. state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
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. 14313-282.1(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. Steve Lewis
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. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Paul Rawls, FRO Regional Supervisor w/ attachments
File # DV 00-049 w/ attachments
Central Files wl attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST _ ) ADNIINISTRATIVE 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
ADDRESS
TELEPHONE
SIGNATURE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
CARROLL'S FOODS, INC.
FOR MAKING AN OUTLET TO THE
WATERS" OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-049
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, 1, 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 Carroll's Farm #2546, a swine operation
located along SR 1904 in Sampson County.
C. Carroll's Foods, Inc. was issued Certificate of Coverage AWS820464 under
General Permit AWG 100000 for Carroll's Farm #2546 on May 26, 1998,
effective May 26, 1998, with an expiration date of April 30, 2003,
D. On February 29, 2000, DWQ staff observed a discharge of wastewater by
Carroll's Farm #2546 from a sprayfield to Gilmore Swamp, which are Class C
SW waters of the State within the Cape Fear River Basin.
E. Carroll's Foods, Inc. had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $500.94.

Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Carroll's Foods, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Gilmore Swamp constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Carroll's Foods, Inc. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000A0) per violation may be assessed against a
person who is required but fails to apply for or to secure a permit required by G.S_
143-215.1.
E. 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).
F. 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:
Accordingly, Carroll's Foods, Inc. is hereby assessed a civil penalty of:
$ 4.800.00 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 4.800.00 TOTAL CIVIL PENALTY, which is 19 percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 500.94 Enforcement costs
$ 5.300.94 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-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;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

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