820658_ENFORCEMENT_20171231

NORTH CAROLINA
Qeparbnent of Environmental Quality
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 11, 1999
CERTIFIED MAil ,
RETURN RECEIPT REQUESTED
Carroll's Foods, Inc.
Attn.: Howard Hobson
P .O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No. A WS 820658
Farm #2187
Dear Mr. Hobson:
Facility No. 82-658
Sampson County
You are hereby notified that, having been permitted to have a non discharge
p'ermit 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 Pennit.
On August 10, 1999, the Division of Water Quality at the Fayetteville
Regional Office conducted a routine inspection of Carroll's Farm #2187located
in Sampson County. It was observed that the insides slopes of the lagoon needed
to be mowed. A review of the irrigation records inclicated that the Plant Available
Nitrogen (PAN) rates had been exceeded above that which was specified in the
Certified Animal Waste Management Plan (CA WMP). The small grain overseed
in Field # 1 had been over applied on by 26 pounds of PAN in the 1998-99 crop
year. The General Permit in condition III.6.f states that "The Pennittee 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 : (f) Overapplying animal waste either in excess of the
limits set out in the CA WMP or where runoff enters surface waters.". The
General Permit also states in condition 11.4 states that "Land application rates shall
be in accordance with theCA WMP. 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.". TheCA WMP had been revised to include the 100 pound
PAN rate for small grain overseed, however it had not been reduced by 25% to
take into account for grazing.
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Carroll's Fann #2187
October 11, 1999
The Division of Water Quality requests that the following items be addressed:
1. 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.
2. Comply with the CA WMP and the General Pennit when applying animal waste using the correct
PAN rates as specified for each crop.
3. Adhere to all of the General Permit conditions.
4. Consult with a technical specialist in order to revise the CA WMP to take into account the 25%
reduction for grazing on the small grain overseed according to NRCS Technical Standard #590.
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.
Please provide a written response to this office on or before November 5, 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 (91 0) 486-1541.
cc: Sonya Avant -Compliance Group
Wilson Spencer-Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
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