_19940614

' On Site Representative: None
Site Require Immediate Attention:
Facility -No.: N/AA ,
DIVISION -'OF ENVIRONMENTAL;MANAGEMENT
ANIMAL,FEEDLOT OPERATIONS SITE-,. VISITATION RECORD
- DATE:OctoI er_3, 1995 ,, .
Tune:1:00 AM
Farm Name/Owner: Anne Dennis
Mailing Address: None
County:. Stanly Integrator: Phone:
Phone:,
Physical Address/Location::=On Sunrise Lane. off St. Martin Road, 1/2 mile North of Oakboro
Type of Operation: Swine
Numberof Animals on Site:,
Latitude: 35 O1 13'" 40":
Poultry X: Cattle
Design Capacity: Unknown
Longitude: 80° 18' 50" Elevation: N/A
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm
event? (approximately. 1 :Foot + 7 inches)
Feet
-or-No Actual Freeboard: .3 Ft
Was any seepage observed from the -lagoon(s)? Yes or
Was any erosion. observed? Yes or No
Is adequate land available for spray? es or No Is the cover crop adequate? Yes or No
-0 "
Crop(s) being utilized: N/A
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Yes or No
Inches
100 Feet from Wells?
Is the animal waste stockpiled within 100 Feet of.USGS Blue Line Stream? Yes or
Is animal waste landapplied or spray irrigated within 25 Feet of. a USGS Map Blue Line?
Ye . or No
Is animal waste discharged into waters of -the state by man-made ditch, flushing system, or
other similar man-made devices?. Yes or
If Yes, Please Explain.
Does the facility maintain adequate waste management. records (volumes of.manure, land
applied, spray irrigated on specific acreagewith cover crop)? Yes or No
Additional Comments The property wassold to Mr. Henry W. Anderson (12828 A Sunrise Lane,
Oakboro, North Carolina 28129, 704/485-8006). Thefacility is in the process of -being
dismantled and the; lagoon will be pumped and reclaimed.
Inspector Name: Gong-Tseh Chen
cc: Facility Assessment Unit
Signature:

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
D IE H NJ
DIVISION -OF WATER QUALITY
July 11, 1996
Mr. Jimmy Chisholm
805 North Pinehurst St.
Aberdeen, North .Carolina 28144
Subject: Regulatory Requirements
Regarding Animal Operations
Stanly County, NC
Dear Mr. Chisholm:
Enclosed is a copy of the North Carolina Administrative Code
(NCAC) .0202, (16) regarding set -back from water supply intake for
animal and/or related operations. .The regulation discussed via
phone conversation on July 10, 1996 has been highlighted.
Please note that the North Carolina Cooperative Extension
Service prints several publications on the subject of livestock.
farms and nondischarge rules:
Should you have any further questions concerning this subject,
please do not hesitate to contact me at [phone].
Enclosure
RS
919 North Main Street,
-Mooresville, North Carolina 28115
Voice 704-663-1699
Roberto L. Scheller
Environmental Technician IV
N��
FAX [phone]
An Equal Opportunity/Affirmative Action Employer
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DAVID C. WEIGHT, III
[phone] A;
INTERNET DWRIGHT@RBH:COM
ROBINSON, BRADSHAW & HINSON, P.A.
ATTORNEYS AT LAW
101 NORTH TRYON STREET, SUITE 1900
CHARLOTTE, NORTH CAROLINA 28246
`TELEPHONE [phone]
FAX (7�) 378-4000
OCT 28 1996-
•WATER QUALITY L ITY October 22, 1996
aZI rf1 '=N
Mr. A. Preston Howard, Jr.
Director, State of North Carolina
Department of Environment, Health
and Natural Resources
Division of Water Quality
Post Office Box 29535
Raleigh, North Carolina 27626-0535
N.C. DEPT. OP •
ENVIRONMENT, HEALTH;
E NATURAL RESOURCES
OCT 31 1996
g'°
SOUTH CAROLINA OFFICE
THE GUARDIAN BUILDING
ONE LAW PLACE - SUITE 600
P.O.. DRAWER 12070
ROCK HILL, S.C. 29731
TELEPHONE [phone]
FAX [phone]
1:-);! yi
1,I)
OCT25 1976 dt
r .,
DIDiriEGTOIT6 OFFICE
! OFk'y ---.
DIVISION OF ENVIOO(dfr1ENT1! r;"RfIflGEfiEI�F
Re: Hune_y_Swine_Fa.r .S-t'an-] y aw ty.U3 tiNOOUh Carolina
Davis ett al. v.. Huneycutt et al. ' `�
Dear Mr. Howard:
Our firm serves as counsel to plaintiffs in the above -entitled
matter, which is a legal action to enjoin a proposed swine farm in
Stanly County. In this case, the defendants initially proposed --
and commenced construction -- of a swine farm which violated the
provisions of the Swine Farm Siting Act. The Honorable Peter
McHugh, North Carolina Superior Court Judge, issued a preliminary
injunction requiring defendants to comply with the setback
requirements of that Act. Since thattime, defendants have
recommenced construction of a swine farm facility on their
property. Prior to October 1, 1996, defendants' technical
specialist had not certified any design of the facility nor filed
any such design certification with the local Soil and Water
Conservation Commission.
The current project does not and cannot comply with the
setback requirements contained in NRCS standards. In particular,
as discussed in the enclosed correspondence to defendants'
technical specialist, the project is not located 500 feet from
adjoining property boundaries or 2500 feet from any and all
churches. We have notified the local Soil and Water Conservation
District that no certifiedwaste management plan should be accepted
for this project, and we now notify your agency of the same. We
C-390015.12797.01011
WATER QL!ALITY SECTION
O C T 2.8 1996
OPERATIONS RRA,N-

Mr. A. Preston Howard, Jr.
October 22, 1996
Page 2
request, on behalf of our clients, that any attempt to file such a
plan be rejected, and that no permit or deemed permit be granted
for this proposed facility.
DCWIII/ck
Enclosure(s)
cc: John J. Davis
Larry F. Graham
Wayne P. Robbins, Esq.
L
C-390015.12797.01011
Very truly yours,
ROBINSON, BRADSHAW & HINSON, P.A.
David C. Wright, III

DAVID C. WRIGHT, III
[phone]
INTCRNET [e-mail]
ROBINSON, BRADSHAw & HINsoN, P.A.
ATTORNEYS AT LAW
101 NORTH TRYON STREET, SUITE 1900
CHARLOTTE, NORTH CAROLINA 28246
TELEPHONE [phone]
Fax [phone]
October 22, 1996
Mr. Larry Graham
Environmental Engineering Services
5647 N.C. Highway 211
West End, NC 27376-9001
Re: John J. Davis, et al. v. Rodney Huneycutt, et al.
Dear Larry:
SOUTH CAROLINA OFFICE
THE GUARDIAN BUILDING
ONE LAW PLACE - SUITE 600
P.O. DRAWER 12070
Rocx HILL, S.C. 29731
TELEPHONE [phone]
FAx [phone]
As you know, our firm serves as counsel to plaintiffs in the
above -entitled matter. We have now had an opportunity to review
your letter of July 19, 1996 to "Huneycutt Brothers Farm, Inc.," as
well as the Phase I Documentation you prepared dated August 20,
1996. I understand that these are the only documents that you have
in your possession which are responsive to the subpoena I served
upon you. on September 20, 1996. If there are any others, please.
transmit them to me immediately.
In a conversation that we had on September 9, 1996, you
indicated .to me that you had not been asked to certify a waste
management plan for the Huneycutt project, but that you may --
after some portion of the facility is built -- be asked to issue a
certification for the dam and lagoon on the property.
I write to communicate to you our strongly held view that it
would be inappropriate for you to issue any certifications with
respect to this project. There are several reasons for our view.
First, as I am sure you aware, any certification you issue
must comply with "all federal and state standards." You
acknowledge in your report that these standards include existing
NRCS "Practice Standards," which have also become "best management
practices" as defined in applicable administrative regulations.
Thus, any waste management plan you certify (including any portion
thereof)- must comply with federal standards in place on the date of
your certification. Last month, the NRCS published revised
standards for swine farms ("Rev 2, September 1996"). Any design
certification you hereafter undertake, therefore, must comply with
C-389833.12797.01011

Mr. Larry Graham
October 22, 1996
Page 2
these standards. Not only do these standards contain requirements
which are not provided for in the. Phase I documentation, they
unambiguously specify a setback requirement with which the
Huneycutt swine farm does not and cannot comply. As noted in the
enclosure included herewith, applicable NRCS standards, which apply
to "swine operations sited on or after 10/1/95," require all swine
houses and lagoons to be situated 500 feet "from any property
boundary." . The Huneycutt swine farm violates this standard, and
therefore no technical specialist can certify the waste management
plan associated with the project.
Second, both statutory and regulatory requirements require
that swine houses and lagoons be located no closer than 2,500 feet
from any church. You should be advised -- and are hereby placed on
notice -- that Grace Fellowship Church of Albemarle, North Carolina
has a regular worship facility at the home of John and Kathy Davis.
This incorporated fellowship not only meets there regularly on
Sunday mornings, but has other fellowship meetings at that location
on weekdays. The church has no place of worship other than the
members` homes. This worship facility is located well within
2,500 feet of the proposed swine facility. The Huneycutt swine
farm, as designed, does not and cannot comply with legal setback
requirement. Absent such compliance, no technical specialist can
issue any certification.
We trust that you will not, issue'any certification that
departs from applicable legal requirements.
Very truly yours,
ROBINSON, BRADSHAW & HINSON, P.A.
S (VA -
David C. Wright, III
DCWIII/ck
cc: Mr. John J. Davis w/enclosure
P. Wayne Robbins, Esq. w/enclosure
Soil and Water Conservation Commission -
Division of Environmental Management, Health
and Natural Resources
C-389833.12797.01011

s4
359-2
Minimum Distance Table for all Animals Except Swine Facilities
Sited Under General Statute 106-801 thru 805
Public or Private use Facilities
Minimum Distance From Facilities
Operation existing prior to 04/15/87
(No enlargement)
(No increase in SSLW) 1
"
New,operation or existing operation
that is enlarging SSLW 1
Any public use area, church, picnic
area, playground, etc.
300 F1
750 Ft.
Residence or place of habitaticn
other than owner or his tenant
300 F1
750 Ft.
-
Wells (For Human Consumption)
100 FL minimum - General Statutes
87-87 and 87-88. 152A2C.0107 (a)(1)(c)
Area specified by state or local •
ordinance
-
Greater of state/local or NRCS distance shown above.
Perennial Waters
100 ft. (New or Expanding Operations) -
SSLW - Steady State Live Weight= Ave. wt. per unit x no. of units @ capacity_
Any exception to the above distances must be approved by the ASTC(FO) with concurrence from the State
Conservation Engineer. .
The 750 ft. minimum distance must exist the day of the site investigation. Site evaluations are valid for 12
months.
The Minimum Distance for Swine Operations is Dictated by
General Statute 106 - 801 thru 805
(Applies to -swine -operations sited ohs or after 1G/01195).
Swine House or Lagoon ...
> 1,500 feet from any occupied residence 2,500 feet from any school, hospital, or church
500.feet from any property boundary. .
Land Application Site
50 feet from'any residential property boundary (Any propertywith a residence on it)
50 feet from any`perennial stream or river other than irrigation ditch or canal:
NRCS, NC 411.
SEPTEMBER, 1996
Rev. 2

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 18, 1996
Mr. James Mabry
4013 Shankle Road
Norwood, NC 28128
N.C. DEPT: OP
EINJVIRONMENT, HEALTH,
CP NATURAL RESOURCES
JUN 19 1996
poli3N of EVIArf3MEfNTAt MANAGEMENT
Subject: Innovative WAKtailatii..,Afgient
Swine Facility
Stanly. County
Dear Mr. Mabry:
This letter is in response to phone conversations with the Division of Environmental Management
(DEM) concerning the approval process for innovative systems on hog operations. For an innovative
system to be approved it must be submitted and reviewed by DEM and issued an individual non -discharge
animal waste permit. This permit will give approval for construction and operation of the innovative
system and require a monitoring schedule to insure the system is operating as advertised in the application
package. The following information will be required to be submitted in the application package to DEM to
start the review process:
1. A completed and ,signedindividual non -discharge animal waste operation application
(attached).
2. All the necessary information listed in Part II of the application.
3. Three sets of detailed plans and specifications of the innovative system along with the
calculations used in sizing the system, determining the treatment capabilities of the plant, etc.
These plans should include a plan and profile view of all the components of the system plus a
pipe flow chart showing how the wastewater will flow through the system. All of the
information required in number 3 should be signed and sealed by a North Carolina
Professional Engineer.
4. A copy of the certified animal waste management plan for the facility if the facility is existing.
5 . Provisions for/description of a back up plan for waste treatment should this innovative system
be determined not to be satisfactory for this type of operation.
6. A Sludge Management Plan which should include approximate amount of sludge generated
from this facility, the methodby which the sludge will be distributed (i.e. applied on fields,
transported to a third party site, sold to .company forcompost, etc.), and a program for
maintaining records of sludge analysis, disposal sites, amount disposed of at each site, method
of transportation to disposal sites, and documentation of the rate of application to ensure
agronomic rates are not exceeded.
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

State -of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Daniel Page
12493 .B Hwy 24/27
Stanfield, NC 28163
IDEHNR
DIVISION OF. WATER QUALITY
February 10, 1997
Subject: Animal Waste Application
Complaint -
Stanly County, NC
Dear Mr. Page:
Concerning your complaint receivedonTuesday,. February 4, 1997
and your phone conversation with Mr. Alan,Johnson of this Office,
we have spoken with Mr. Mullis and:. Mr. Hatley. Mr. Mullis
informed us that he has -previously .spoken with Ms. Brock of the
Agricultural Extension` Service concerning the proper setbacks for
applying his waste. Mr. Mullis seemed earnest in his desire to
solve any problems and has agreed to ask Ms. Brock to visit again
to advise,. him on the best method to apply his waste.
Based on the information received thus far, this office does not
have the authority to apply remedial measures at this time.
However, should youlhave any evidence that animal waste is
getting into any streams or surface waters please contact us.
If you have any questions concerning this matter, please do riot
hesitate to contact Mr. Johnson or me at [phone].
AJ
cc: Sue Brock,.County,Agent
Stanly:' County, NC
919 North Main Street,
Mooresville, North Carolina 28115.
Voice 704-663-1699
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
FAX [phone]
An Equal .Opportunity/Affirmative Action Employer
50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Marsha Barringer
P.O. Box 66
Misenheimer, NC 28109
Z.%
IDEHNR
DIVISION OF WATER QUALITY
March 7, 1997
Subject: Complaint Investigation
Animal Waste. Entering Stream
Stanly County, NC
Dear Ms. Barringer:
Enclosed pleased find a copy of the Complaint Investigation Report for the investigation
conducted on February 25, 1997, by Mr. Alan Johnson of this Office.
At the time of the investigation there was no evidence of animal waste entering the drainage ditch
in question, therefore no further action will be taken..You will need to contact your local health
department concerning the issue of septic systems in your neighborhood. They can be contacted
at. (704) 982 - 9171.
Should you have evidence of waste entering the ditch or have any questions concerning this
matter, please do .not hesitate to contact Mr. Johnson or me at [phone].
Enc.
cc: Stanly County Health Dept.
AT
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
Ai• FAX [phone]
An Equal Opportunity/Affirmative Action Employer
50% recycled/10% post -consumer paper
Reduce Reuse Recycle

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint investigation regarding animal waste entering stream
DATE INVESTIGATED: February 25, 1997
CONDUCTED BY: Alan D. Johnson, Roberto L. Scheller
LOCATION: Reeves Island Rd. (SR 1500), Stanly County, NC
One fourth mile off Highway 52
MAILING ADDRESS: P.O. Box 60,
Misenheimer, NC 28109
TELEPHONE #:
RIVER BASIN: Yadkin - Pee Dee River Basin
PERSON CONTACTED: Ms. Marsha Barringer
REPORT:
On February 25, 1997, this Office received a complaint of animal waste entering a drainage ditch.
An investigation was conducted the same day. The drainage ditch flows under Reeves Island
Road, off Highway 52, into Curl Tail Creek in northwest Stanly County.
Mr. Johnson and Mr. Scheller with this office investigated and observed, upon arrival, that the
neighborhood was located in a physically depressed area. Because of this, the complainant
indicated that the lots in the area would not "percolate". She had a small drainage ditch dug
behind her residence to facilitate the flow of surface runoff across her property.
The investigators located the swine facility situated next to a small drainage ditch as described by
the complainant. The water in the ditch flowed through an area where some cows were fenced.
The runoff subsequently flowed across the complainant's property into Curl Tail Creek.

Further investigation revealed a small wastewater treatment facility on Colony Apartment Road
(SR 1599), which services several apartment units behind the complainant's residence. This
facility discharges into Curl Tail Creek which flows approximately 50 yards from the
complainaint's home. Our records indicate that this treatment facility is permitted under NPDES
permit # NC0041718 to discharge into Curl. Tail Creek. The Colony Ridge, Apartment facility
was inspected on March 5, 1997 and was in compliance with its permit.
Field tests of the drainage ditch water revealed the following:
LOCATION(S):
The culvert where the drainage ditch flows under Reeves Island Rd., 50 to 75 yards downstream
from the swine facility.
• pH: 6.84 s. u.
• Temperature: 10 ° Celsius
• Dissolved Oxygen: 9.5 mg/L
• Conductivity: 165 /.c mhos
Behind the complainant's residence.
• pH: 6.80 s. u.
• Temperature: 12° Celsius
• Dissolved Oxygen: 11.2 mg/L
• Conductivity: 150 µ mhos
At the time of the investigation there was no evidence of animal waste entering the drainage ditch,
nor was there a measurable water quality violation. No -further action is deemed necessary at this
time.

State ofi North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
� E F-1 NJ F
DIVISION'OF ENVIRONMENTAL MANAGEMENT
December 18, 1995
Mr. Douglas Hoyle
33949 Rocky River Springs Road
Norwood, North Carolina 28128
Subject: Complaint Investigation
Discharge of Animal Waste
.into Creek
Stanly County, NC
Dear Mr. Hoyle:
This letter is in follow-up to an investigation conducted on
December 7, 1995,_by Mr. Roberto L. Scheller and Ms. Linda Vernon
of this Office. The Investigation was in response to a complaint
received on December 7, 1995, from an anonymous caller.
According to the complaint, animal waste was leaking from a
lagoon (located off George Rd.) and discharging into a nearby
creek.
A thorough inspection of the subject lagoon found no leaks
or discharge.
The `attached report should be self-explanatory; however,
should)ydu have any questions concerning this report, please do
not hesitate to contact Mr. Scheller or me at [phone].
Sincerely,
D. Rex Gleason, P. E.
ke Water Quality Regional Supervisor
Enclosure
cc: Stanly County Health Department
RS
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 0% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
®�FiNJFR.
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 18, 1995
Mr. Rodney Mauldin
20007A Frog Pond Road
Oakboro, North Carolina 28124
Subject:
Complaint Investigation
Discharge of Animal Waste
into Creek
Stanly County, NC
Dear Mr. Mauldin:
Enclosed please find a copy. of the Complaint Investigation
Report for the investigation conducted on December 7, 1995, by
Mr. Roberto L. Scheller and Ms. Linda Vernon of this Office.
If you should have any questions concerning this matter or
require additional information, please do not hesitate to contact
Mr. Scheller or me at [phone].
Sincerely,
7
D. Rex Gleason,'P. E.
;` Water Quality Regional Supervisor
Enclosure
cc: Stanly County Health Department
RS
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES.
DIVISION OF ENVIRONMENTAL MANAGEMENT'
WATER QUALITY SECTION
919 NORTH MAIN STREET .
. MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: December 7, 1995
INVESTIGATED BY: Mr. Roberto L. Scheller
Ms. Linda Vernondr
TIME SPENT: 7 Hours.
PLACE VISITED: Chicken house off NCSR 1914.
PHYSICAL LOCATION:
George Road
south of Albemarel off Hwy. 138
Stanly County, NC
MAILING ADDRESS: 33949 Rocky River Springs Road
Norwood, North Carolina 28128
TELEPHONE #:
RIVER BASIN: Yadkin -Pee. Dee
PERSON CONTACTED: Mr. Douglas Hoyle
REASON FOR VISIT: Investigation of Complaint regarding
leaking animal waste lagoon.
"COPIES TO:, Stanly County Health Department
Mr. -'Douglas Hoyle
REPORT: On December 7, 1995, Mr. Roberto L. Scheller and Ms.
Linda Vernon of this office conducted an investigation of the
animal waste lagoon located off NCSR 1914., The investigation was
in response to a, complaint received in this,Office on December 7,
1995. The complainant reported that animal:waste was leaking out
of the lagoon and into a nearby creek.
A thoroughinspection of the lagoon and the earthen berm
found no discharge flowing out the emergency spillway or leaking,
(channeling) through the earthen berm. It was noted during the
investigation that the vegetation around the lagoon had been,
mowed and small trees were being removed from the toe to the
earthen berm. Mr. Hoyle, the owner, has been pumping the lagoon
down. The area of waste application was inspected and there

Page Two
Investigation Report
was no indication: of wasteleaving the site. Therefore
further action on this subject is deemed necessary.

Mr. Rodney Poplin
Box 8415, Cottonville Rd.
Norwood, NC 28128
DIVISION OF WATER QUALITY
— February 1, 1997
Subject: Complaint of Animal Waste
4 --Discharge into Stream
Stanly County, NC
Mr. Poplin:
Concerning your complaint recieved on Friday, Jan. 27, 1997 and
your subsequent phone conversation with Mr. Alan Johnson of this
Office, the producer has been identified. We have spokeflwith Mr.
Gerald McSwain and Mr.Richard Pigg,of the National Resource and
Conservation Service in Albermarleo,and-Elley have informed us that
a system has recently been installed to properly dispose of the
waste from the lagoon. However, Mr. McSwain will drop by the
producer to see if any problems are occuring and insure the
system is being managed properly. )1'
If you should have any questions concerning this matter//p�or should
a problem occur again, please do not hesitate to contact Mr.
Johnson or me at [phone].
Sincerely,
D.-Rex Gleason, P. E.
Water Quality Regional Supervisor