440013_Sen. Davis Ross Triple R Dairy_20180410

Water Resources
Centirwknienial Qoaliiy
April 10, 2018
The Honorable Jim Davis
300 N. Salisbury Street, Room 621
Raleigh, NC 27603-5925
Dear Representative Davis,
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Re.: Triple R Dairy (Facility No. 44-13)
and Ross Dairy (Facility No. 44-15)
Haywood County, N.C.
Staff of the Division of Water Resources (Division) appreciated the opportunity to meet with
you, Mr. Reeder, and representatives of the Haywood County dairy community on March 6th. As
stated in the meeting, the Division strives to achieve open communication with the regulated
community to ensure our customers are provided clear guidance and technical resources to
achieve compliance. As expressed in the meeting, the unnamed tributary (UT) adjacent to both
facilities is significantly impacted by farm wastes. In the meeting, Mr. Reeder requested the
Division provide a letter outlining the improvements (i.e., best management practices) needed
at the Triple R Dairy and the Ross Dairy to achieve compliance (i.e., operate as non -discharge
permitted facilities) and avoid further impacts to the UT.
The purpose of this letter is to provide you a list of improvements, already identified by
external technical staff (e.g., NCSU, Soil and Water, NRCS, etc.), necessary to achieve
compliance at the subject facilities. In addition to addressing the following areas, the Division
recommends the farms and consulting persons review previous inspection reports and Notices
of Violation to comprehensively understand the issues present at the facilities.
To provide you time to review this information and take actions you feel are necessary, and to
recognize the dairy owners' request for additional time to improve the waste management
facilities, the Division will extend the due date for installation of permanent measures for both
facilities to December 31, 2018. The Division will provide a letter to each farm extending the
due date with copies provided to your office. On or before the due date, the Division will
reassess the impacts to the UT, effectiveness of temporary measures, and progress made
installing permanent measures. The Division will continue to exercise enforcement discretion
during this period assuming the facilities continue to implement temporary measures and
practices to reduce, manage, and remove waste discharges. The letters providing the time
State of North Carolina I Environmental Quality I Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828-296-4500

Ross/Triple R Dairy 2
Division of Water Resources
extension will also require the submittal of progress reports from both farms every three
months.
Triple R Dairy
Triple R has installed several measures or modified existing infrastructure that will address
several identified sources of waste discharge. The remaining issues that have been identified,
but not addressed, include:
Leachate from silage storage area: The farm has completed several improvements and
modifications in the area adjacent to the silage storage in proximity to the UT. However,
at the base of the storage pit there remains a drain pipe where silage leachate continues
to drain from around the pipe. The farm is aware of this remaining issue and
understands it will need to be addressed. The farm is to continue monitoring leachate
drainage from the feed storage area to ensure the waste is draining properly to the
waste storage pond.
2. Runoff from the free stall housing area: Animal waste and stormwater containing
animal waste from this area needs to be remedied to avert flow to the UT. If a cover is
provided for this area to exclude stormwater, the animal waste will still need to be
routed to the waste storage pond. Providing a cover over this area is referenced in the
NCSU report for this facility (attached for reference). The NC Department of Ag 1217
Interagency Guidance Document, Section 5.1 specified that "all liquids from paved and
milking areas must be collected in a waste storage facility or in some other water
treated to insure only a de minimus discharge of pollutants in a storm event less severe
than the 25 year, 24 hour event." It will be necessary to obtain an appropriately
licensed, N.C. engineer to design, oversee installation, and verify operation of a system
to route the animal waste to the waste storage pond based on the layout (i.e., slope
grade to pond) of this area of the farm.
3. Other: All buffers should be evaluated to maximize protection to the stream and
improve water quality conditions.
Ross Dairy
Multiple areas of the Ross Dairy have been identified as waste sources that contribute to water
quality degradation. Several of these areas have approved design systems to address these
issues but they have not been installed. The Division recommends an appropriately licensed,
N.C. engineer evaluate the entire farm to consider all stormwater management, waste
management, and Best Management Practices (BMPs) that will enable the site to meet non -
discharge permit requirements and conditions. Special consideration should be made to the

Ross/Triple R Dairy 3
Division of Water Resources
following areas, but not limited to: liquid (waste and leachate) management to the storage
pond, size of pond, freeboard requirements, etc. The design should also consider daily
operation and maintenance procedures of the farm.
Specific areas that have been identified to -date, but not yet addressed, include:
1. Settling basin: Previous inspections and the NCSU review have identified the need for a
settling basin to capture runoff water and waste from the milking parlor and free stall
housing area. The current system is improperly installed, insufficient, and has
contributed to the discharge of waste to the adjacent UT. Ross Dairy submitted an
engineered design to the Division in November 2011 but never installed the structure.
2. Runoff from free stall housing and related piping: Refer to item 2 of the NCSU report
that highlights runoff of waste from a holding area. Addressing this area should include,
but not necessarily be limited to, the addition of curbing, providing ceiling cover, proper
gutter routing and stormwater diversion. The small pit adjacent to this area where
multiple pipes from different waste streams intersect must also be addressed. This area
needs to be improved to include options to eliminate point sources of pollution
discharging to the stream. Specifically, this would include re -designing and eliminating
the point source pipe entering the stream. The Division believes the previous
engineering effort in this area is ineffective at diverting waste streams correctly and has
led to impacts to the UT.
Silage leachate: Silage leachate, brewer's grain leachate and stormwater runoff from
these storage areas is to be addressed as leachate and stormwater from these areas are
documented sources impacting the water quality of the UT. The NCSU report
recommends the leachate and runoff be captured and treated. As previously stated, this
approach is recommended in the NC Department of Ag 1217 Interagency Guidance
Document, Section 5.1. The guidance also states "every effort shall be made to minimize
rainwater that comes into contact with the silage (by the use of gutters, roofs and
diversion ditches) and either collect the liquid or in some other way treat it to ensure only
a de minimus discharge of pollutants in a storm event less severe than the 25 year; 24-
hour storm event." A leachate collection system was in draft design and the facility
stated it would be installed in 2012.
4. Other: Unpaved areas, including the holding paddock adjacent to the brewers grain
storage, where farm traffic travels and stormwater would have an animal waste
component, should also be evaluated and addressed by a design engineer. For the UT
adjacent to this area and potentially other portions of the farm, the Division would
consider evaluating, in consultation with the Army Corps of Engineers, the culverting of
the UT. Adding a culvert could be justified if it would provide further downstream
protection from waste entering streams and potentially expand the buffer. Lastly, the
manure scraper and waste equipment machinery should be relocated away from the

Ross/Triple R Dairy 4
Division of Water Resources
culvert pipe near the bottom of the paddock area to further reduce runoff of wastes to
the stream.
The above -referenced areas are those that have been identified to -date. Installation of these
additional infrastructure and/or modifications to existing systems are necessary to ensure the
sites comply with their non -discharge permitting status. Because current systems at the farms
are insufficient to protect water quality and achieve non -discharge permitting status, the
Division recommends that any modification and installation of BMPs to address these areas be
designed by an appropriately licensed, N.C. engineer. To ensure proper installation it is
recommended that the design engineer oversee installation and initial operation of the
modifications to ensure system effectiveness.
The Division acknowledges that there are unique, but not unsurmountable, challenges for both
dairies in achieving compliance. The sloped topography of the area, proximity of both farms to
the UT, limited buffers, sizeable animal populations, insufficient prior engineering efforts, etc.
suggests that a more comprehensive or holistic engineering approach to include both farms
would offer a more efficient and economical benefit to improving stream quality. The Division
emphasizes that sound engineering design is a critical component to achieving compliance. The
Division strongly supports and encourages any funding opportunities that would assist in a
comprehensive evaluation and permanent design by a professional engineer.
If you or Mr. Reeder should have any questions, please feel free to contact me at 828-296-
4680.
Sincerely,
DocuSigned by:
7E617A38285848C_
G. Landon Davidson, P.G.
Water Quality Regional Operations
Regional Supervisor
Cc: Ross Dairy
Triple R Dairy
Tom Reeder — Office of the Senate President Pro Tempore (via email)
Keith Larick— Farm Bureau (via email)
Paul Sherman — Farm Bureau (via email)