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HomeMy WebLinkAbout440013_ENFORCEMENTS_20171231Fail, Tim From: Phillip Ross <triplerdairy5l@yahoo.com> Sent: Monday, lune 05, 2017 9:04 PM To: Fox, Tim Subject: Re: Required Response Clarification concerning NOV-2017-PC-0017 & NOV-2017- DV-0026 from The Division of Water Resources To whom it may concern: I am writing to inform DWR of all measures that have been taken, both temporary and permanent thus far in regard to NOV-2017-DV-0026. On April 19, 20171 met with Bev Price and Tim Fox with DWR, John Ottinger with NRCS and Duane Vanhook with Haywood Soil and Water district. We walked the entire sight and tried to pinpoint all areas that might be contributing to the problem. We talked about possible solutions for each area. Both John an Duane agreed to start the process of getting some engineering as well as cost share help on one particular area (pics 1 and 2). We will start the application process in July but to my understanding, there will not be any funds available until October. This particular area on the cow lot will require some extensive concrete work and there is also spring water that will have to be addressed. In effort to get it right the first time, I have only taken temporary measures at this sight. I am going to temporarily close the hole in the culvert that has rusted through. I am also going to put some large concrete blocks next to the existing curb to stop dirty water from splashing over and to slow down water that is seeping through the existing curb. All of this will be done in the next 10 days or sooner weather depending. The area in picture 3 will be fixed be the end of July, weather depending. We just got approved for some cost share assistance that was applied for last year. The entire stream will be fenced off. There will be a culvert put in for the cattle to cross and there will be a water tank installed in the field away from the stream. In regard to the area on the end of the cow barn, we couldn't really come up with a good fix for this problem during our meeting, so we are going to seek some engineering help here also. Once again, in effort to do it right the first time, nothing permanent has been done yet. I am going to cut a temporary ditch to divert run off away from the small valley that empties into the stream. This will allow the run off to have a larger buffer area before it reaches the stream, This will also be done in the next 10 days. Also during our meeting, we discussed the need for additional sampling of the stream to determine if the water quality has improved any since the original samples that where taken last fall during the drought, and to also determine if the measures that i have taken thus far have helped. Thanks, Phillip Ross On Friday, May 12, 2017 10:47 AM, "Fox, Tim" <tim.fox@ncdenr.gov> wrote: Phillip, The Division of Water Resources (DWR) issued two Notices of Violation (NOV) on January 23, 2017 and February 13, 2017. DWR received your responses on February 13, 2017 and March 3,2017 and a response from Haywood Soil and Water Conservation District dated February 9, 2017. On 4/19/2017 DWR met with you, the Natural Resource Conservation Service (NRCS), & Haywood Soil & Water Conservation Service (HCS&W). DWR appreciates your response and meeting with us to evaluate any potential improvements that can be made to improve water quality conditions on your farm. During our inspection (pies attached) we identified potential areas of concern that could be improved. DWR wanted to clarifv the correc ed actions reouired and outlined in N V -2017 -DV -0026 which has a.deadline of June 10, 2017. Please respond in writing (email is fine) regarding the permanent and temporary steps that have been implemented to date and will be taken in the future to correct the violations outlined in the subject NOVs since our on-site meeting and further evaluation. The response should include a timeline for improvements that will be made both temporary and permanent, including but not limited to, contacts and or assistance made with NRCS & HCS&W. Please note that corrective actions to ensure compliance are required regardless of the availability of funding, hence the need for temporary measures. Please include a timeline for when improvements will be made. DWR also requests a status update on your Waste Utilization Plan Revisions. Please submit these responses to DWR by June 10, 2017. If you have any questions or need further clarification on any of these items, please let me know. We appreciate your communication, time, steps taken, and cooperation resolving these issues. Thanks, Tim Tim Fox - tim.fox(-5-ncdenr.gov North Carolina Dept. of Environmental Quality Asheville Regional Office Division of Water Resources —Water Quality Programs 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 "Nothing Compares Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. UT Jonathans Creek Dairy Farm Study Haywood County, North Carolina May 31— June 1, 2017 North Carolina Department of Environmental Quality Division of Water Resources Water Sciences Section Biological Assessment Branch • This report was prepared by: • Steven R Beaty, Aquatic Biologist, Biological Assessment Branch August 28, 2017 This report has-been approved for release by: III Eric D. Fleek, Supervisor, Biological Assessment Branch Date August 28, 2017 SUMMARY Biological assessments were performed on two streams, Jonathans Creek and an unnamed tributary (UT) to Jonathans Creek, as per the request of Asheville Regional Office personnel. UT Jonathans Creek drains two dairy farms and enters Jonathans Creekjust downstream of US 276 in Haywood County North Carolina. Aquatic macroinvertebrates were collected, physicochemical parameters measured (pH, dissolved oxygen, specific conductance, and temperature), and available habitat surveyed, at two stations on Jonathans Creek, one above and one below the confluence of the unnamed tributary. Four additional stations were sampled on UT Jonathans Creek in a longitudinal manner from the mouth to the extreme headwaters. UT Jonathans Creek was assessed with a different method due to its small drainage area. Results between the two sites on Jonathans Creek were compared only with each other while those on the UT were similarly compared only with each other. The unnamed tributary was found to be heavily impacted by organic waste originating from the two dairy farms in the upper reaches of the stream. All 4 sites rated Poor and had high numbers of organic pollution indicators including Tubifex tubifex and Chironomus riparius. Taxa typically found in animal waste lagoons, Er&talissp. and Culicoidessp., were also present within UT which was full of biosolids. This stream is in violation of both State and Federal water quality standards. On Jonathans Creek at the site above the confluence with the UT, the high number of intolerant ERT taxa collected and the iow biotic index recorded were responsible for the Excellent bioclassification rating received at the site. Conversely, the Jonathans Creek benthic site below the confluence rated only Good based on the fewer EPT taxa collected, a high number of pollution tolerant Chironomidae taxa present, and a substantially higher biotic index value than that of upstream reach. These results are suggestive of measurable negative effect on the benthic community from UT Jonathans Creek on the downstream reaches of Jonathans Creek. INTRODUCTION Purpose of Study Field personnel at the North Carolina Division of Water Resources Asheville Regional Office (ARO) contacted the Water Sciences Section Biological Assessment Branch in early 2017 to request water quality assessment of two streams in Haywood County in western North Carolina, One stream, an unnamed tributary to Jonathans Creek, appeared impaired from sewage inputs from two dairy farms in its extreme headwaters. Field investigators issued Notice of Violations to both dairy farms for violations of North Carolina water quality standards within the UT. ARO personnel were concerned that the small tributary may be affecting water quality in Jonathans Creek. Physiography and Land use The Jonathans Creek watershed is located in western North Carolina in the west -central portion of Haywood County. The watershed lies in the Level III Mountain ecoregion and contains 3 Level IV Ecoregions: Southern Crystalline Ridges and Mountains (66d), High Mountains (66i), and Broad Basins (66j) (Griffith et al, 2002). Land use in the catchment is dominated by forest (77%) followed by agricultural uses (11%) and developed or urban uses (10%). Jonathans Creek runs through Maggie Valley and is highly developed along the stream corridor which includes many private residences, RV parks and commercial businesses. Feeder tributaries to Jonathans Creek are mostly forested, high gradient, high quality streams, particularly those originating in the eastern slope of the Blue Ridge Parkway. Figure 1— Map of the benthic sampling sites in Haywood County, North Carolina. Numbers refer to site identification. Historical Benthic Sampling Historically, mainstem Jonathans Creek has been sampled for benthic macroinvertebrates at 3 stations from 1992 to the present: at SR 1349 in the lower watershed, at SR 1322, and at SR 1306 in the upper watershed in Maggie Valley. Water quality within the stream has typically been Good to Excellent with only one Good -Fair rating at SR 1349 in 1992. Sampling Site Descriptions': UTJonathans Creek is a headwater stream to Jonathans Creek and has a drainage area of 0.36 miz at its mouth. The stream is very small being approximately 0.25-0.5 m wide throughout its length and very shallow. Land use in the watershed is dominated by agriculture, including animal operations and pastureland, although private residences and some small forested areas are present as well. There are no permitted discharges anywhere along the length of UT Jonathans Creek, Four sites were sampled along UT Jonathans Creek (Figure 1, Table 1): 1 site above the confluence with Jonathans Creek, 1 site just above Bob Boyd Rd., 1 site below a culverted discharge originating from Triple R Farms, and one site near the head of the stream just above where the stream both crosses Farmland Rd and lies below Ross Farms. Table 1. Streams and stream stations sampled for benthic macroinve rteb rates. Creek loff SR 1395 -downstream UT f Havwood 1 35.60167 1 -83.00792 Jonathons Creek ISR 1395 (Cove Creek Rd) i Haywood i 35.60082 I -83.00006 UT Jonathons Creek loffSIR 1327 (Farmland Rd) I Haywood 1 35.59514 1 -83.01726 Jonathans Creek is a mid -order stream with much of the mainstem corridor urbanized in the middle reaches of the watershed. Agricultural fields and residences (including multiple RV parks) are concentrated along the river corridor of the lower watershed. The headwaters of Jonathans Creek drain the eastern slopes of the Blue Ridge Parkway. Both sites sampled on Jonathans Creek are downstream of the Maggie Va)iey WWTP discharge. Two sites were sampled on Jonathans Creek (Figure 1, Table 1):1 site above the confluence with UT Jonathans Creek and one site below the confluence. Both sites lie below the NPt7ES permitted discharge of Maggie Valley WWTP (NC0056561) effective)y eliminating one variable between the discrepancies observed between the two sampling sites. Jonathans Creek is a highly visible stream that supports various economic and recreational activities in the region, including sport fisheries. The stream is classified as trout supported waters and is one water supply source for Maggie Valley. ' The names 'Jonathans Creek' and "UT Jonathans Creek' are technically incorrect. These streams are referred to as "Jonathan Creek" and 'UT Jonathan Creek" (without the possessive 'f) on U5G5 topographical maps, historical documents, and by residents and businesses. However, the stream names with the additional "s„ are how they are denoted in the BAB database and in DWR GIS shapefile layers, In the interest of consistency, the stream names in this report will include the possessive "f and be referred to as Jonathans Creek and UT JonathansCreek. Fj METHODS Sampling and Data Collection 0 Benthic Macroinvertebrate Community Assessment Benthic macroinvertebrate data were collected per the North Carolina Department of Environmental Quality Standard Operating Procedures for the -Collection and Analysis of Benthic Macroinvertebrates (2015). All sampling procedures involve various techniques (riffle kicks, leaf packs, sweeps, rock/log washes, visual inspections) to collect benthic macroi nverteb rates from different stream habitats. After collection, organisms are sorted in the field and preserved in 95% ethanol. In the laboratory, specimens are identified to the lowest possible taxonomic level and assigned values based on their relative abundances (rare, 1-2 specimens; common, 3-9 specimens; or abundant, >_10 specimens). Two semi -qualitative methods pertinent to the current study are described below. Standard Qualitative Method (Full Scale) Full scale methods are used for wadable streams that have a drainage area over 3 square miles. This method provides the most robust macroinvertebrate data due to the amount of habitat available for collection. A full scale sample is a composite of ten benthic collections: two riffle kicks, three sweeps, one leaf pack, two rock/log washes, one sand sample and "visual" collections. Qual-4 Collection Method Qual-4 samples are applied to streams with drainage areas of 3 square miles or less because the amount of available habitat tend to be less than in larger streams. This method is modified from the standard qualitative method and consists of one riffle kick, one sweep, one leaf pack, and .visual' collections. All benthic macro invertebrates occurring in the sample are retained in the sample. Habitat Analysis Because streams interact with their surrounding landscape, nearby geologic conditions and riparian vegetation can affect water conditions and flows as well as habitat quality and quantity, Local conditions can sometimes negatively impact aquatic fauna either by causing the absence of one or more habitat types (e.g. root mats or coarse woody debris) or by altering the natural morphology of the channel (e.g. erosion or sedimentation). This can lead to less overall habitat for aquatic species and may ultimately lead to loss of species richness and abundances. For example, destabilized banks or lack of riparian vegetation may contribute fine sediments to the stream channel during high flow periods resulting in embedded substrates subsequently affecting the biological communities that rely on that substrate. In addition to benthic sampling, the stream environment is analyzed for both quality and quantity of in -stream habitat suitable for invertebrate colonization as well as riparian integrity and bank stability, These evaluations include, but are not limited to, parameters such as depth and width, types of substrate, embeddedness, pool variety, quality of riffles, bank stability, and riparian width. Habitat assessments result in a composite score between 1 and 100 with a higher score indicating a more favorable environment for stream biota. Phystical-Chemral Analysis Common physical -chemical water quality measurements, pH, dissolved oxygen (DO), specific conductance, and temperature, are taken at each site to facilitate evaluation of current water conditions. These measurements often affect biological processes of many stream biota. Changes in these parameters can signify changes to water quality and may provide additional evidence of impact to the stream. For example, higher water temperature may indicate canopy removal or increased impervious surface within the watershed. Also, increased specific conductance (water electrical conductivity, or dissolved ionic concentration, corrected for water temperature at 25° Q can signal that a discharger exists upstream or that stream flows are lower than normal. It should be noted that waters with exceedingly low ionic strength (i.e. low specific conductance) can affect pH readings and therefore pH measurements may be tenuous and unreliable. Field measurements of temperature, dissolved oxygen (DO), specific conductance, and pH were taken at the time of sampling using a YSI Pro Plus multimeter. Meter calibrations are performed in accordance with DWR Intensive Survey Branch Standard Operating Procedures (NCDEQ 2013). Physical -chemical measurements for the streams sampled are summarized in Table 3 in the Appendix. Data Analyses and Stream Ratings Criteria Streams in different ecoregions vary in gradient, geology, and Flow regimes. Assessment criteria specific to each ecoregion have been developed by DWR biologists (NCDEQ 2015). These criteria control for natural variations in organism distributions, stream flows, and the local geography inherent in some systems. Separate criteria exist for both habitat evaluations in different ecoregions (Mountain, Piedmont and Coastal Plain) as well as for the metrics used to assign water quality ratings (Mountain, Piedmont, and Coastal Plain). Sites that occur in multiple ecoregions are typically assessed with criteria in which the majority of the watershed resides. Additionally, the presence of taxa specific to a certain ecoregion (i.e., mountain specific taxa) and the general characteristics of the stream (i.e. gradient and substrate type) are considered when deciding the appropriate criteria. For example, if a stream physically lies in the Piedmont but the presence of mountain taxa are noted and the majority of stream catchment resides within the Mountains, it would be appropriate to use Mountain criteria to rate the sampling site. All samples collected as part of this study were assigned bioclassifications based on Mountain criteria. Metrics Benthic community metrics measure the relative tolerance of a system to stress. Pollutants such as urban runoff, VAVrP discharge, sediments, or large temperature variations, can adversely affect aquatic biological communities. Streams that are biologically degraded will typically have lower invertebrate diversity and a lower proportion of pollution sensitive species relative to streams that are pristine. The most common metrics used by the Biological Assessment Branch (BAB) to measure community tolerance are taxa richness (S) and the biotic index (BI). Species Richness and abundance A useful metric used in assessing stream water quality is the total number of species or "richness" of benthic organisms present in the stream. A subset of benthic organisms, Ephemeroptera (mayflies), Plecoptera (stoneflies), and Trichoptera (caddisflies) are "EPT taxa. These three orders of aquatic insects, as a group, are more sensitive to pollution than other macroinvertebrates, although taxa within EPT do have differing tolerance values. A high diversity of EPT (EPT S) and abundance (EPT N) generally indicates higher water quality. Biotic Index The biotic index is the summation of the tolerance values of all benthic species present relative to their abundance in the community as a whole. This index ranges from 0-10, with higher numbers suggestive of more polluted conditions within the stream. The North Carolina Biotic Index (NCBI) was developed over many years by NC biologists to reflect the tolerances of the entire invertebrate assemblage found in North Carolina streams (Lenat 1993), although it has been adapted for use by • • other states. Conversely, the EPT biotic index (EPT BI) reflects only the tolerance of the EPT community and not the entire benthic macroinvertebrate community. Metrics are used to assign bioclassifications to the stream under investigation and are generated based on the NCBI, and EPT S thresholds for the appropriate physiographic region in which the stream lies. There are five possible water quality ratings used to classify streams: Excellent, Good, Good -Fair, Fair, and Poor(Lenat 1993a, NCDEQ 2015). These ratings can only be applied to non -swamp streams (which have their own rating schedule). However, at this time, criteria have not been developed for all stream types in all ecoregions for every season. Small streams under three square miles drainage area currently must be sampled in April, May, or, June to receive a rating (NCDEQ 2015). Small streams sampled outside this seasonal window are rated as Not Impaired if they would have received a bioclassification of Good -Fair or higher using EPT methods for larger streams. Additionally, they are designated as Not Rated if criteria for larger streams would have resulted in a bioclassification of Poor or Fair. Seasonality Bioclassifications can be affected by seasonal differences in taxonomic groups, particularly Plecoptera, of which many are considered winter taxa. As most non -swamp stream ratings are based on summer data, seasonal taxa, usually only Plecoptera, need to be removed from analysis to have ratings which are comparable to those collected during summer months (June - September). Those sites most often needing correction are sampled during non - summer months. Streams sampled with Qual-4 methods and rated with small streams criteria within the April -June window do not require a seasonality adjustment. See the NCDEQ Standard Operating Procedures for the Collection and Analysis of Benthic Macroinvertebrates (2015) for a comprehensive review of all benthic macroinvertebrate sampling and analysis methods. Midge DeformityAna66is Streams that are impacted by organic and toxic compounds frequently can be identified by the indicator taxa present within macroinvertebrate samples. One indicator taxon that frequently occurs in these type of polluted conditions is Chironomus sp., a genus in the midge family Chironomidae. Associations between chironomid menta (mouthpart) deformities and levels of pollution are well documented (Lenat 1993b, see NCDEQ 2015 for a comprehensive list of publications). At least 20 specimens of Chironomus must be present to perform this analysis. Midge heads are slide -mounted and the mouthparts are analyzed for deformities, being identified as a Class, 1, 11, or III deformity. A weighted score is generated and the stream is rated according to the score. Streams can be classified as Nontoxic, Polluted/Nontoxic, Fair/7oxic, and Poor/Toxic. See the NCDEQ 2015 for a complete description of this process. RESULTS Table 2. Benthic Community table with associated metrics and ratings. Site 1:Jona than Creek off SR 1395 (C)ve Creek Rd.) This sampling site on Jonathans Creek is downstream of an unnamed tributary that is receiving dairy inputs. The UT enters the stream on the right side of the stream and has deposited grayish sediments and solids on the right bank of Jonathans Creek. Sampling for macroinvertebrates was performed in a 240 meter reach downstream of this confluence. This area has not been sampled by NC DWR for macroinvertebrates prior to this sampling event. This site was sampled with Full Scale methods. Benthic Sampling Results A+ otal of 90 taxa were collected from this reach on Figure 2. Jonathans Creek of 5R 1395 looking upstream. The UT Jonathans Creek (fable 2). Thirty-nine of these enters along the right side (not visible), taxa were represented by EPT while 26 taxa were from the midge family Chironomidae. The EPT community was largely intolerant with an EPT biotic index of 2.31 and was dominated by small minnow mayflies (Baetidae, 8 taxa) and flat -headed mayflies (Heptageniidae, 7 taxa). Perlid stoneflies were also common but some highly intolerant stoneflies present in the upstream control reach such as Pteronarcys biloba and teuctra spp. were absent from this reach. Caddisflies were relatively diverse and were dominated by filter feeders such as Dolophilodes and Hydropsyche taxa that typically do well in nutrient enriched streams. Taxa associated with edge habitats were rare or absent. Tolerant taxa were abundant in this reach of Jonathans Creek, contributing to the overall biotic index of 4.20 (seasonally corrected). The highly tolerant Chironomus npanuswas dominant among the midge taxa although other taxa indicative of organic loadings such as Pectrotanypus dyarrwere also present. This reach on Jonathans Creek received a bioclassification rating of Good. A complete list of collected taxa is presented in the Appendix. Rare Species There are no documented Significantly Rare, Special Concern, State or Federal Threatened and Endangered aquatic species (including fish and mussels) at this site. Other Data Physical -chemical parameters measured were with normal ranges for a healthy stream of this size in this ecoregion (fable 3). Considering that this site is downstream of a major NPDES discharger and an unnamed tributary with a high specific conductance, the low specific conductance measured (44.5 pS/cm) in this reach of Jonathans Creek of noteworthy. Edge habitat, particularly root mats and undercut banks, were rare. High periphyton biomass, including tufts of blue-green algae, was evident at the site and noticeably denser on the right bank than the left bank of the stream. Site 2- Jonathans Creek US 276 (1-40junction) The unnamed tributary (UT) enters the stream just below the bridge area of US 276. Benthic sampling at this site occurred upstream of the confluence to act as a control for the Jonathans Creek reach below the UT confluence. Jonathans Creek at US 276 has not been sampled for macroinvertebrates prior to this study. This station was sampled with Full Scale methods Benthic Sampling Results A rich community of EPT existed with a total of 47 EPT taxa (24 mayfly, 7 stonefly, and 16 caddisfly taxa) at this site. The benthic community was overwhelmingly dominated by sensitive taxa which resulted in a low EPT biotic index of 2.18. Figure 3. Jonathans Creek at US 276, looking downstream. Small minnow mayflies (Baetidae) were the dominant group and represented by eight taxa including the infrequently collected Acentrella nadineae. Flat - headed mayflies (Heptageniidae) were also abundant at this site with seven taxa represented. Other intolerant taxa included the square -gill mayfly Neoephemera purpurea, the perlid stonefly Paragnetina immarginata, and the uncommon long -horned caddis, Triaenodes taenius. Of the total 87 taxa collected, 16 were represented by Chironomidae. As a group, Chironomidae are highly tolerant of pollution and will often be present in conditions that are unfavorable to other taxa. It should be noted that only one specimen of the highly tolerant Chironomus ripariuswas detected in this upstream reach Whereas they were abundant downstream. A low B.I. of 3.34 was recorded for this reach of Jonathans Creek, Jonathans Creek at US 276 rated Excellent as a result of benthic macroinvertebrate sampling. A complete list of collected taxa is presented in the Appendix. • • Rare Species There are no documented Significantly Rare, Special Concern, State or Federal Threatened and Endangered aquatic species (including fish and mussels) at this site. Other Data Physical -chemical parameters measured were normal (Table 3). Despite being downstream of a major NPDES discharger (Maggie Valley WVVTP — NC0056561), the specific conductance was low at 47.5 pS/cm. No serious habitat deficiencies were observed including edge habitat features such as root mats, which were abundant and in good flow. Periphyton biomass was high and tufts of blue-green algae were present in this reach although it does not appear to be negatively affecting the benthos. Site 3.- UT Jonathan Creek at SR 1395 (Cove Creek Rd) UT Jonathans Creek at SR 1395 is the lower most reach sampled on this stream and lies immediately upstream of the confluence with Jonathans Creek. This site has the largest drainage area of all the sites sampled on the UT at 0.36 miz (Table 2) and was sampled with Qual 4 methods. Ben thicSampling Results No EPT taxa were collected at this site. Of the 17 taxa collected, 10 were fly larvae (Diptera). Chironomidae larvae, particularly Chlronomus riparius, a taxon typically found in highly organically polluted streams (Epler 2001), were abundant. Psvchoda(Diptera: Psychodidae) and Figure 4, UT Jonathan Creek at 5R 1395 looking upstream. Helophorussp. (Coleoptera: Helophoridae), typical of settling basins and organically loaded streams, were also present. The oligochaete worms Tubifextubifexand timnodnlushoffineisteriwere the dominant organisms (along with Chironomus riparius) here. These two worm taxa are specifically associated with organic pollutants, particularly sewage (Kathman and Brinkhurst 1999). The Biotic Index measured was 8.44 indicating a highly pollution tolerant community. The BI value of 8.44 was the lowestrecorded (i.e. least degraded) of all the sampling sites on UT Jonathans Creek. This reach rates Poor. A complete list of collected taxa is presented in the Appendix. Rare Species There are no documented Significantly Rare, Special Concern, State or Federal Threatened and Endangered aquatic species (including fish and mussels) at this site. Other Data Physical -chemical parameters measured were abnormal for healthy headwater mountain streams (fable 3). Dissolved oxygen was a relatively low 6.5 mg/L (although not in violation to NC standards) considering the cold temperature of the water in the UT. The specific conductance was a very high 297 pS/cm. High specific conductance is associated with nitrates, phosphates, and chlorides which occur in high concentrations in animal sewage. Colonizable macroinvertebrate habitat was poor at this site with the stream rating a 41 (out of 100, Table 3). Riparian vegetation was primarily tall grasses and the available in -stream hard substrate (i.e., Figure 5. A cobble with lower portion with anoxia stains. This is the cobble/gravel) was, where present, severely portion that was embedded into the "sediments' embedded with biosolids. When removed from the stream, black anoxic stains were visible on the surface of the substrate (Figure 5) indicating sediment oxygen levels were very low. Site 4: UT lonathans Creek at SR 1326 (Bob Boyd Rd) UT Jonathans Creek at SR 1326, a mid -stream reach, lies immediately upstream of the road within a fenced off pasture. This site is approximately 400 meters upstream of Site 3 and has a slightly smaller drainage area of 0.33 miz (Table 2). This site was sampled in 2013 making this the only site in the study that has previously been sampled by DWR biologists. This reach was sampled for macroinvertebrates with Qual 4 methods. Ben thic Sampling Results There were 13 total taxa collected at this site including 1 baetid mayfly, the facultatively tolerant Iswaeon anoka. Chironomidae larvae were Figure 6. UT Jonathan Creek at SR 1326 looking upstream, represented by only Chironomus riparius, which were extremely abundant. Similar to the downstream reach, the fly Psychoda (Diptera: Psychodidae) and the beetle Helophorussp. (Coleoptera: Helophoridae), were also present. Additionally, coprophagous (feces eating) hydrophilid beetles Cercyon praetextatusand Phaenonotum exstriatum were collected at this site. Oligochaete sewage worms Tubifex tubifex and Limnodrflushoffrneisterrdominated this site. The Bl value of 9.34 measured at this site is the second highest uncorrected biotic index value ever recorded by NCDWR biologists. This reach rates Poor. A complete list of collected taxa is presented in the Appendix. t4 Rare Species There are no documented Significantly Rare, Special Concern, State or Federal Threatened and Endangered aquatic species (including fish and mussels) at this site. Other Data Both dissolved oxygen (3.5 mg/L) and specific conductance (330 pS/cm) were outside the parameters of a healthy, unimpacted, headwater stream and point to serious issues with water quality in this stream. Macroinvertebrate habitat was a very low 38 and was particularly deficient in colonizable bottom substrate, edge habitat, and riparian vegetation. Figure 7. The pink areas in this photo are large concentrated masses of sewage worms, Tubifex tubrfex and iimnodrilus hoffineisten: Such masses only occur in highly organically loaded streams and settling basins. Site 5- UTJonathans Creek off SR 1327 (Farmland Rd) — downstream Triple R Dairy UT Jonathans Creek off SR 1327 is located downstream of a culvert that drains a lagoon from the Triple R Dairy farm (Figure 1). It is approximately 600 meters upstream of Site 4 and has a very small drainage area of 0.17 hl (fable 2). This reach was sampled with Qual 4 methods. Site 5 has never been sampled for macroinverteb rates by NCDWR biologists. Ben thic Sampling Results The reach below the Triple R covert had the fewest number of invertebrates collected (Table 2) than any other sampling site on the UT but did include iBa Figure 8, UT Jonathan Creek off SR 1327 looking upstream. Riparian one mayfly speces, etisPluto. Chironomus vegetation is on the left bank just outside of the photo edges. rlparius, one of 3 midge taxa collected, was very abundant while the two other midge taxa, Stictochironomus, and Thienemannimyia, were rare. Tubifextubifex, the sewage worm, was present in visibly pink masses (Figure 7). Unlike the downstream reaches on UT Jonathans Creek, the benthos collected here contained high numbers of both rat -tailed maggots (Syrphidae: Fristalissp.) and moth flies (Psychodidae: Psychoda sp). Finally, Culicoidessp., a biting midge that breeds in sewage ponds was also common in the benthic sample. This segment of the UT rates Poor with a high biotic index value of 9.04. A complete list of collected taxa is presented in Appendix, Rare Species There are no documented Significantly Rare, Special Concern, State or Federal Threatened and Endangered aquatic species (including fish and mussels) at this site, Other Data The specific conductance at this site was the highest observed in this study at 466 uS/cm. Dissolved oxygen levels were in violation of NC water quality standards at 2.0 mg/L. M acroi nverteb rate habitat was a low 43 (Table 3) and, unlike other sites on the UT, had some riparian habitat on one bank. Otherwise in -stream habitat was very poor and consisted mostly of biosolids. Sewage fungus was prevalent (see discussion). Site 6., UTJonathans Creek at SR 1.727 (Farmland Rd) — downstream Ross Dairy Figure 9. Benthic sample collected from UT Jonathan Creek at 5R 1327. This sample is composed mostly of biosolids. A photo of the reach is unavailable. This is the uppermost reach on UT Jonathans Creek and is approximately 50 meters upstream of Site 5, and just upstream of where it crosses under SR 1327. It has a very small drainage area of 0.12mi2 (fable 2) and lies directly below some Ross Dairy farm buildings. This reach was sampled with Qual 4 methods and has never been sampled for macroinvertebrates by NCDWR biologists. Benthic Sampling Results Like the stream reach immediately downstream (Site 5), the midge Chirnnomus nbanus, the worms iubifex tubifex and Umnodn7us hoffineisteh, along with the rat -tailed maggot Eristalisspp. and the moth fly Psychoda spp. were very abundant and composed the vast majority of taxa recorded. A few other chironomid midge taxa were found here (Micropsectra sp. and Stictochironomus sp.) but were rare. This reach attained the highest uncorrected biotic index (9.37) in the study and, to date, the highest ever reported by DWR biologists. This upstream reach of UT Jonathans Creek rates Poor. A complete list of collected taxa is presented in Appendix. Rare Species There are no documented Significantly Rare, Special Concern, State or Federal Threatened and Endangered aquatic species (including fish and mussels) at this site. Other Data Dissolved oxygen levels were the lowest measured in the study at 1.6 mg/L (Table 2), a violation of North Carolina water quality standards. Specific conductance was the second highest in the study at 334 pS/cm, behind that of Site 5. Macroinvertebrate habitat was the lowest recorded of all the reaches sampled and scored a meager 32 out of 100. Habitat deficiencies were prominent and included the absence of riparian vegetation (the grass was mowed down to the edge of the stream), no edge habitat and the lack of sufficient riffles. Additionally, in -stream substrate was limited to biosolids with very little hard substrate available. Sewage fungus was abundant 12 Table 3. Habitat and physicochemical parameters for each site sampled Watorbo(ly Stream Jonathans Cr Jonathans Cr UT Jonathans Cr UTJonathans Cr UTJonathans Cr UTJonathans Cr Ito Looatlan a1f 3R 4395- dna UTUS 279 - u a UT sR 1395 tsR 1324 aff 8R 13270 0 SR 1327 Coun Haywood Haywood Haywood Haywood Haywood Haywood t 2 3 A 6 4 Collection data 5131/2017 5131!2017 6/112017 6/1/2017 8!112017 611/2017 lJ aam • num#i�r 121931 12163 f 1. 0 i :197 12,1Bs� 1.198 Channel modification 6 5 5 3 3 2 2 am hablte 14 16 7 d 4 � Bottom substrate 16 10 12 10 10 4 5 Mo I 1 4 0 0 0 RHfia habitats 18 14 16 5 7 8 7 k eroalo 4 S 7 4 7 7 Bank vegetation 6 6 2 2 3 2 L1gh1 penetr$tlnn LQ 7 9 b 2 7 0 Left r! arias 6 4 5 1 1 5 1 Right H don 6 1 3 1 1 1 1 Total Habitat 100 73 80 41 38 43 32 Avera a stream width m 16 t6 0.5 0.5 0.25 0.25 'AyoroaQW-4 1111111112-8 O.aS Canopy 60 70 0 10 0 0 ubtltrata Boulder 35 25 0 10 0 0 bb a 40 36 30 10 10 0 Gravel 15 30 20 10 20 10 a1,d 10 10 10 � 2D 49 Silt a a 0 0 0 0 Ocher dation an 0 0 40{hio}olids} 40.fbioeollda) b0.(blraaolidt) 60,[biaolitlsj Tem 0erature C 15.7 16.1 13,9 15.2 16.5 17.2 Oftifflif0mygonmom9.4 9 4J3 3.$ 2 1.4 S ecifie eanduttante Sltm' 44.2 47.5 297 330 486 334 ►1 7.3 7,2 7,4 3.3 7r2 4.9 DISCUSSION Jonathans Creek The substrate of Jonathans Creek was slippery from productive diatomaceous algal growth, an indication of nutrient enrichment. While much of this enrichment appears to be from Maggie Valley WWTP effluent and unidentified upstream sources, additional organic loadings originate from UT Jonathans Creek itself. This is evidenced by the rocks in the stream below the UT confluence having heavier pe6phyton and blue-green algal growth than the area on the opposite side of the stream. . The lower EPT richness seen in the reach of Jonathans Creek below the UT can be attributed, in part, to habitat deficiencies in that section of the stream as compared to the habitat observed above the UT. The lower reach lacked the EPT taxa associated with root mats (1'riaenodesspp., Neoephemera purpurea) although the overall EPT biotic index was similar to that of the upstream control reach. However, there was a 53% increase in chironomid taxa in the reach below UT Jonathans Creek (including an overwhelming abundance of Chironomus riparius, a species indicator of organic loadings). This increase in Chironomidae increased the overall biotic index value from the relatively low 3.34 recorded upstream of the UT to a higher biotic index of 4,20 below the UT. This suggests 13 • • that water from UT Jonathans Creek is a contributing factor to the higher B.I. at the lower Jonathans Creek site. It should be noted however, that the bioclassification ratings are less explanatory of the water quality than the reported Biotic Index values. Stream bioclassification ratings are dependent on seasonal corrections of which this sampling event was on the cusp of. Biotic Index values, in contrast, are independent of seasonal corrections and therefore are more germane to interpretations of differences between the control site upstream of UT Jonathans Creek and the site below UT Jonathans Creek. UT Jonathans Creek All segments of UT Jonathans Creek that were sampled for macroinvertebrates rated "Poor'. This stream had some of the highest biotic index values ever recorded in North Carolina by Division of Water Resources biologists in over 35 years of sampling. The lower reaches were minimally better than the upper reaches in terms of the biotic index and total taxa present (fable 2). In every reach sampled, organic pollution indicators such as the oligochaetes Tubifex tubifex(sludge or sewage worm) and Limnodrilus hoffineisten as well as the chironomid midge Chironomus toarius, dominated the benthic fauna. In fact, the biomass of oligochaetes was so high that they were easily visible from above the surface of the water (Figure 7), a very atypical observation in any stream. Chironomus n,barius midge larvae, also called bloodworms, are red due to the presence of hemoglobin, an oxygen binding protein, in their bodies. The hemoglobin enables them to colonize streams that are depleted of oxygen, as is usually the case downstream of sewage treatment plants and other areas of high organic loadings (Lenat 1993, Epler 2001). Chironomus ripariuslarvae were collected by the hundreds at each site on UT Jonathans Creek and the downstream site of Jonathans Creek (Figure 10). Other aquatic insects typical of sewage settling basins and not of running waters were collected in the upper reaches of UT Jonathans Creek. These included the rat -tailed maggots (flower and hover fly larvae) of the family Syrphidae and the moth and drain flies of the family Psychodidae, both of which are common inhabitants of animal waste ponds (Metcalf 1913, Rutz et al.1980, Masteller and Wagner 1984). Rat -tailed maggots (Eirstalis sp.) have a long posterior respiratory tube from which they can breathe when dissolved oxygen levels are low, exactly the situation observed in the upper sites on UT Jonathans Creek. While the occasional rat -tailed maggot has been collected over the past 35 years by DWR biologists, this marks the first time large numbers of specimens have been collected during a routine biological assessment. Another aquatic insect not typically collected from running waters is the biting midge Culicoidessp. This genus of Ceratopogonidae has been documented to breed in dairy sewage lagoons (O'Rourke et al.1983) as well as in other lentic situations. Culicordesis also, of some agricultural importance as it is a vector of serious cattle and sheep diseases, most notably blue -tongue disease, which is often fatal to the animals infected. The abundance of Culicoides collected form the UT Jonathans Creek sites near the dairy farms indicates their prevalence in the immediate area. Habitat available for macroinvertebrate colonization was highly deficient at each of the 4 sampling sites on UT Jonathans Creek and is reflected in the low habitat scores (fable3). The stream had grassy banks and lacked shrubby or woody riparian vegetation for most of its length. Consequently, a canopy was completely absent from the stream apart from a small portion of site 3. The lack of deciduous leaves and woody debris in the stream channel was reflected by the lack of shredding insects such as the otherwise tolerant tipulid fly larvae. Pollution tolerant predators such as dragonfly larvae, frequently encountered in impaired streams, were also absent likely due to the severely low oxygen levels measured in the upstream reaches and the lack of good bottom substrate. Large amounts of sewage fungi were present in all sites on UT Jonathans Creek and present in lessor amounts in Jonathans Creek downstream of the confluence while completely absent in the upstream reach of Jonathans Creek. Samples of fungus were brought back to the lab for analysis by Leigh Stevenson, a phycologist in the Water Sciences Section. The mass was composed of the fungus cf. Geotrichum candidum and a sheathed bacterium Sphaerotilusnatans. Both organisms are considered sewage fungus and are prevalent in waters with organic waste. 14 Chironomid mentum deformity analysis was performed for samples that had more than 20 specimens of Chironomus npanus. Analysis indicated high levels of organic loadings within the stream. The toxicity scores of the sites ranged from of 6.7-20 indicating a Polluted/Nontoxic rating for UT Jonathans Creek. This is consistent with streams with high organic loadings. The occurrence and magnitude of deformities as documented from teratogenic or metal pollution was not observed. In short, taxonomic data and observed on-site evidence indicate that UT Jonathans Creek is little more than an open sewer of animal waste, discharging directly into Jonathans Creek. Figure 10. Mass of Chironomus riparius (red larvae) in sample. The photo depicts a small portion of the sample. is REFERENCES Epler, J. H. 2001. Identification manual for the larval Chironomidae (Diptera) of North and South Carolina: A guide to the taxonomy and the midges of the southeastern United States, including Florida. Special Publication SJ2001-SP13. NC Department of Environment and Natural Resources, Raleigh, NC and St. Johns River Watershed Management District, Palatka, FL. 526pp. Griffith, G. E., J. M. Ornernik, J. A. Comstock, M. P. Schafale, W. H. McNab, D. R. Lenat, T. F. MacPherson, J. B. Glover and V. B Shelburne, 2002. Ecoregions of North Carolina and South Carolina. Reston, VA, U.S. Geological Survey (map scale 1:1,500,000). Kathman, R. D. and R. 0. Brinkhurst.1999, Guide to the Freshwater 0APochaetes of North America. Aquatic Resources Center, College Grove, Tennessee, Lenat, D. R. 1993a. A biotic index for the southeastern United States: derivation and list of to*ante values, with criteria for assigning water quality ratings. Journal of the North American Benthologicai Society 12:279-290. Lenat, D.R.1993b. Using mentum deformities of Chironomus larvae to evaluate the effects of toxicity and organic loading in streams. Journal of the North American Benthologicai Society 12: 265-269. Metcalf, C. L. 1913. The Syrphidae of Ohio. Ohio State University Bulletin. 17(31):1-123. Masteller, E. C. and R. Wagner. 1984. The impact of sewage effluent on the occurrence of Psychodidae (Diptera) in a stream. Freshwater Invertebrate Biology 3(2): 98-104. North Carolina Department of Environmental Quality (NCDEQ). 2013.Standard Operating Procedures Manual: Physical and Chemical Monitoring Version 2.1. Division of Water Resources. Intensive Survey Branch, Raleigh, North Carolina. December 2013, North Carolina Department of Environmental Quality (NCDEQ). 2015. Standard Operating Procedures for the Collection and Analysis of Benthic Macroi nverteb rates. Division of Water Resources, Raleigh, North Carolina, November 2015. O'Rourke, M. J., E. C. Loomis and D. W. Smith. 1983. Observations of some Culicoides variipennis (Diptera: Ceratopogoindae) larval habitats in areas of bluetongue virus outbreaks in California. Mosquito News 43(2):147-152. Rutz, D. A, R. C. Axtell and T. D. Edwards. 1980, Effect of organic pollution levels on aquatic insect abundance in field pilot -scale anaerobic animal waste lagoons. Mosquito News 40(3): 403-409. United States Geological Survey, 2016, The StreamStats program, Version 4.1.1, online at http://streamstats.usgs.gov, accessed on March 10, 2017. 16 • APPENDICES I] Taxa list for sampling sites on Jonathans Creek and UT Jonathans Creek. Bolded taxa are organic pollution indicators, are taxa typically found in or near sewage lagoons, or are coprophaqous. ORDER Famil Geriusr odes w ?o0-¢ qN m O� 7 z rf a o Eon O¢¢ ~m Oi a 0 O s vii z o W-tn OutQpQ ZF N D� 7 cnn z 6 run z W N otn F 0 M o ai N o p� Z n N 3 OU. S w x n Ephenieroptera 9aetidae Acentre!!a nedlneae R R AC !e hrrb!do UE 8aefts Rewstria R C a reds IAMBlarts A A Baetts phito A A R htcauda! A A ls"eon anoka R Lablobasts ftndalis C Plaudttus dubius C C Arocloean a C C rphanwellidae Dannells spp C FAMOMYR a Kha A ti Ifphememlledomthea A A a la appR Eu o he la wrisimills C rkwoanwgs deifcteas A Fieptageniklae rus vitreus A A HeaawWa me rtalls gE R R Laucrocuta spp A A MaccaftTw" ithae A A Maccaflertium udicum R aca Mwn a R Rhithmgena spp A A Slow= JOLIdum C C Lyon chiidea IlsonycNsspp R Le lebadea Habip kolodos ja R R Paralempnebie Mp R R Nwoommkim NewpWwo pwpma C l •I Leuctridae Leuctra yp C C WNW Acmneurfa abnormis C A ParagneMa tmma 'neta A A Wrteata a A A l Feriodidae Iso rfa holochlora-fight form A ReranatovIdab Offronams tltab0 R Praronanc s C 6rec centridae HGerasema vmtaga R R Glossosormtidae R R Glossosoma d 'or C A t;aerkftro a R dro a chidae I Cheumato hes C C Olpfacuma nxKwfa R hWmps)Vw {C. j bronta R hwvsyche (QJ mamse R' t>a (Q Perna C !re N, rendarls C R Le idostom Wae Lepidos6rna SpR R R e oder so , Oecajtfs parshwils R R Triaenodes jg2iftjs R rri l"plus R Lrme hdidae I n hes R R Phib ae C1Wo t a A A FU centra idae M K ax spp I R FWw@WmOUAs8n2y1M&Ap1A C 0 ?� • 8lsphariroridae I &e arlcors s p C R { S:orn[v onuav �erzrrvrm rt o• R Culrcoldes R R C P4 G wo Idae ooma Psrhoda C A C A A SYrulidae rum 5 r hidae lEristalis:gp A I A Tabanidae Tetranua a R R TQubdae fAnfocha spp R DiCr9n07a s Ormosin Sop I R iia � C c • Lurrbriculidee I Lurrbriculidoe C A adrla Ma to W cha fe A C lk*ascolocidas IPertchaetinsoli ochaete C R Tuhalc a 4imn Il uaho star! A A ITubtfartubifox A A A A Aselidaa Coecidotea s C R (3arrmArklee Crart aerrAJu; R ' Anc lidae jForfissia spp C C s Phas R R C Reuroceridae • Simia s A C lErpohdelildae Ebdalla rtctata R # E J bdalia R lt%drecorina Ildydracarina R he has Pis imfnihaamom Triple R Dairy Farm INCA 151 Bob Boyd Rd Waynesville, NC 28785 To Whom It May Concern: On behalf of Triple R Dairy, l am writing in response to the Notice of Violation that we received on February 15, 2017. On November 3, 2016 there was an investigation done by Beverly Price on our farm in response to a complaint. After several hours of looking, we finally found what we think to be the source of run off that is showing up in down stream samples. It was rather difficult to locate. 1 think Beverly would also agree that there is nothing that we have deliberately done to cause this problem and quite frankly didn't even know about it. The location of the problem is not an area of frequent inspection by myself, or anyone for that matter. There is an open ditch that is grassed over with a culvert to catch surface water that falls on the backside of the curbing of the cow lot. It is fenced on both sides so cattle never have access to the area. So we thought there was really no reason to inspect the area. Upon inspection of this area, we concluded that the reason for runoff was structural fatigue. In 1998 there was a lot of work done on our farm to comply with the new regulations at the time. All work that was done was designed and approved by the engineers from our local soil and water department. The galvanized culvert and curbing that was referenced in the NOV where both installed at this time and have evidently been sufficient until now. Upon receipt of the NOV,1 have spoke with the Leslie Smathers at our local soil and water department and made him aware of what we have to do and requested engineering help. He told me that the engineers for this area where spread very thin but they would make every effort to help us come up with a solution as soon as possible. l think that if we try to fix the problem on our own, without some sort of engineering help, the problem could become worse. I would also like to mention that when the samples of the stream where taken, we were in the middle of a major drought in this area. So naturally the samples are going to be more concentrated with contaminates due to the lack of water in the stream. l honestly believe that if some samples where taken today in the same spots, the results may not be perfect but would be considerably better than they where in November. In conclusion, if we don't know there is a problem with runoff we can't be expected to prevent it before it happens but yet we are cited and given deadlines to fix the problem that we had no idea was a problem, without warning. Now that we know there is a problem, we will make every effort to correct the situation in a timely manner. As I mentioned before, I think we need some engineering help for this particular situation, so 1 am kind of at their mercy as far as time goes. I hope that all of the facts that I have presented in this letter will be taken into account before any enforcement action is taken. Sincerely, MAR - 3 2017 Phillip Ross Water Ouallly RegloW ppm w QAVI At+ -1 w�uuaA !p roteIQ i L 4 10 i er,CNrils4�iilH!dC1''-'H VUIr,.n •r ...•.f 9at� IC.CtC,nPfI 0!l+V�r1t'A 4 Triple R Dairy Farm INC. 151 Bob Boyd Rd. Waynesville, NC 28785 To Whom It May Concern: Atvision of Wt * Res WO09 FEB 1 3 2017 Water ouailty Regional C09f dons Asheville Re ions! Otftoe On behalf of Triple R Dairy, l am writing in response to the Notice of Violation that we received January 23, 2017. There are two separate violations addressed in the letter. Both of which where found on December 14, 2015 during my annual inspection. One of which is failure to make major changes, revisions or amendments to the CAWMP. The design changes that where made to the waste handling structure where approved by Jeff Young on May 4, 2011 prior to any of the work being done. Throughout the entire process of making the changes to the system, we worked closely with Haywood Soil and Water to make sure that all of the work being done was up to par. During this entire process, we where never one time told by anyone that we would need to update our plan. I guess we assumed that by going though all the appropriate channels to make these changes, that somewhere along the line that it would have gotten documented and that the work was done to code. In regard to the other violation of having more cows on the farm than we where permitted for, that is also a reporting error. When the work was done to the structure, it increased our capacity by 46% nearly doubling our original capacity when we where permitted for 250 cows. So being able to properly manage the waste from more than 250 cows, which was noted in the NOV, is clearly not an issue. Once again, it was just not documented properly. 1 would also like to add that we have had an inspection every year since we've had a waste utilization plan. l present the same information every year and 1 keep up with all of my reporting forms diligently. We look at the same facility year after year. Not one time during the last 5 inspections that I've had, after the changes where made, has anyone mentioned to me that 1 need to address these issues. I would have been glad to do what ever was needed to address these issues had 1 only known. In conclusion, I honestly did not know that we where so behind on our plan. I did not realize that I personally have to oversee any changes to my plan for work that was done through our Haywood Soil and Water office. Since we received the NOV, I personally have contacted the appropriate people to get these changes made and have requested that it be done as soon as possible. r1L 3 i� w Watu Resources R1f11at0ltli!~i1TAL a1lAfJ11I . February 13, 2017 CERTIFIED MAIL 70151520 0003 5463 2015 RETURN RECEIPT REQUESTED Mr. Steven Ross Triple R Dairy Farm 151 Bob Boyd Road Waynesville, North Carolina 28785 Subject: NOTICE OF VIOLATION NOV-2017-DV-0026 Administrative Code 15A NCAC 2T .1304 NCGS 143-215 et seq. Triple R Dairy Farm Facility No. 44-13, General Permit No. AWG200000 Certificate of Coverage Permit No. AWC440013 Haywood County Dear Mr. Ross: ROY COOPER Governor MICHAEL S. R.EGAN Secretury S. JAY ZIMMERMAN Director On November 3, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), conducted a complaint investigation of Triple R Dairy and the permitted waste disposal system. We wish to thank you for your assistance during the investigation. As a result of this investigation, 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. 1304, you have been found to. be- in violation of your .Certified Animal Waste Management -Plan (CAWMP) and .the Cattle Waste System General Permit No. AWG200000 as follows: Violation 1: Failure to prevent a discharge of waste that reaches surface -water or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches, terrades or grassed waterways not otherwise classified as state waters in accordance with Condition 1. 1. of Cattle Waste System General Permit No. AWG200000. On October 31, 2016 staff of the Division of Water Resources witnessed an outbreak of Sphaerotilus natans at the Ambient Monitoring Site in Jonathan's Creek. The sheathed bacteria are known to be associated with sewage problems and elevated fecal levels. An upstream investigation revealed a contributing source to be from the Triple R Dairy Farm to an unnamed tributary (UT) to Jonathan's Creek at the top end of Farmland Road. Follow up site visits on November 3 & 16, 2016, confirmed a discharge from the dairy. The source appeared to be from the area near the silage storage bin and watering tank. A corrugated metal stormwater pipe located between the silage storage bin and the concrete freestall area was rusted/fatigued to the point where the pipe was partially open on top. This situation allows for the possibility of silage leachate as well as animal waste to enter the stormwater pipe and ultimately discharge to surface waters. Additionally, the concrete curbing around the watering tank area does not appear to be sufficiently tall enough to prevent animal waste from splashing over and discharging to surface waters. --> "Nothing Conipat estA-, State of North Carolina I Environmental Quality I Waur Resourm 2090 U.S. Hwy.70 I Swannanoa, North Carolina 28778 828 296 4500 Violation 2: Failure to prevent a stream standard violation for fecal coliform bacteria in accordance with Condition 1.2. of Cattle Waste System General Permit No. AWG200000, A 5 in 30 Fecal Coliform Study was conducted by staff between November 71h and November 17a', 2016 to determine the extent of the impacts to the UT and Jonathan's Creek. Jonathan's Creek (JC) was sampled at two sites and the UT was sampled at four sites. The sampling results are as follows: Date Sample#1 JC Sample#2 UT Sample#3 JC Sample#4 UT Sample#5 Trib @ Hwy 276 to JC @ JC Downstream of to JC @ End of from Triple R Bride UT Farmland RD to UT JC 11-7-16 170 *CFU/I00ml 580 CFU/100m1 270 3300 **60000B3 CFU/100ml CFU/100ml CFU/100ml 11-9-16 190 CFU/ I00ml 550 CFU/100ml ***460B4 19000 24000 CFU/100ml CFU/100m1 CFU/IOOml 11-14-16 160 CFU/ I00ml 560 CFU/100ml 430 13000B4 20000 CFU/100ml CFU/100ml CFU/100ml 11-16-16 200 CFU/ I00ml 540 CFU/100ml 210 3600 61000B3 CFU/100ml CFU/100ml CFU/100m1 11-17-16 150 CFU/100ml 380 CFU/100ml 590 3700 12000 CFU/100ml CF'U/IOOmI CFUI100ml Geometric 173 CFU/100ml 516 CFU/100ml 366 6414 29160 Mean CFU/100ml CFU/100m1 CFU/100m1 *CFU — Colony Forming Unit * *B3 - Countable membranes with more than 60 colonies. The value reported is calculated using the count from the smallest volume filtered & reported as a greater than ">" value. ***B4 -- Filters have counts of both >60 and <20. Reported value is estimated or is a total of the counts on all filters reported per I00ml. The -Jonathan's Creek site at Highway 276 bridge upstream of the discharge was compliant with the Water Quality Standard 2B.0211(7): fecal coliform shall not exceed a geometric mean of 200/100ml based upon at least five consecutive samples examined during any 30 -day period, nor exceed 400/100ml in more than 20 percent of the samples examined during such period. All other sites violated standard 2B.02 I 1(7). Required Corrective action for Violation: If you have not already done so, take all action necessary to abate any damages and to prevent recurrence of such a discharge event again. Contact the Haywood County Soil & Water Conservation District for assistance in implementing Best Management Plans (BMPs) for your farm. You are required to provide a written response to this Notice within 15 days of receipt. Please include in your response all corrective actions already taken. The deadline for all corrective action is June 10, 2017. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty- five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Permit: AWC440013 Owner -Facility: Steven M Ross Facility Number. 440013 Inspection Date: 11/03/16 Inpsection Type: Compliance Inspection Reason for Visit: Complaint Waate_Structures Disipnatod Observed Typo Identifier Closed Data Start pato Frooboard Freeboard Waste Pond LSD POND 1131scharfles & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: Structure Application f=ield Other a. Was conveyance man-made? b. Did discharge reach Waters of the State? (if yes, notify DWQ) c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the State other than from a discharge? Yes No Na No ❑ ❑ ❑ page: 2 ■ 1:1 El ❑ Unknown ❑ M ❑ ❑ M ❑ ❑ ❑ ❑■❑❑ page: 2 W , . Division of Water Resources Division of Soil and Water Conservation ❑ Other Agency Facility Number: 440013 Facility Status: Active Permit: AWC440013 [] Denied Access Inpsection Type: Compliance Inspection Reason for Visit: Complaint Inactive Or Closed Date: County: Maywood Region: Asheville Date of Visit: 11/03/2016 Entry Time: 03:00 pm Exit Time: 3:45 pm Incident 8 Farm Name: Triple R Dairy Farm Owner Email: Owner: Steven M Ross Phone: Mailing Address: 151 Bob Boyd Rd Waynesville NC 28785 Physical Address: 298 Farmland Rd Waynesville NC 28785 Facility Status: ❑ Compliant M Not Compliant Integrator: 828-734-1516 Location of Farm: Latitude: 35° 35'30" Longitude: .83° 01' 30" 1-40 Exit 20 to 276 E. for 114 mi. tum right on Cove Crk. Rd. then left on Bob Boyd Rd., tum right on Farmland Rd. take the next black top road to right and go to end. Question Areas: ■ Dischrge & Stream Impacts Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Phillip Ross Phone On-site representative Steve Ross Phone: Primary Inspector: Inspector Signature: Secondary Inspector(s): Beverly Price RP Phone: Date: 1 o ! 7 Inspection Summary: On October 31, 2016 DWR staff noticed an outbreak of Sphaerotilus natans at the ambient monitoring site in Jonathan's Creek. The sheathed bacteria are known to be associated with sewage problems and elevated fecal levels. An upstream investigation revealed a contributing source to be a discharge from Triple R Dairy. Follow up investigations conducted on 11-3-16 and 11-16-16 by Bev Price and Mikal Willmer of the ARO, confirmed a discharge from the dairy. The source of the discharge appeared to be coming from the area around the watering lank at the freestall barn. The concrete curbing is not high enough to prevent animal waste from splashing over and discharging. A stormwater pipe between the silage storage bin and the curbing in the freestall area is rusted and partially open on top. This is a potential entry way for silage leachate or animal waste to enter the pipe and discharge. A 5 in 30 Fecal Coliform Study was conducted in conjunction with the complaint. The study results showed an impact to an unnamed tributary to Jonathan's Creek. page: 1 rd If you have any questions concerning this Notice, please contact Beverly Price or me at (828) 296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosure cc: Leslie Smathers, Haywood County Soil & Water Conservation District Christine Lawson, DWR Animal Operations Program Asheville Regional Office File GAWRIWQ\Haywood\CAFOs\Triple R Dairy FarmlWord Docs\CL 11-3-16.ComplaintNOV-2017-DV-0026.docx Ln C3 nj M ,.mastic For dolivory information, visit our wobsile at OFFICIAL www.ijsps.a US Certlt ed Mail Fee Lr) XtrA Sorvices & Fem(checkb" add lee meppnVnate) M Return Receipt o& Acaptd f M[2Relufn Recalp! wectmnicy b Poem ❑rwemad Mail ReeUicted Delivery $ Herr �Adult Signalun A-uaed ♦: CJ A" egnatwb Raetdned 0"My b Q Postage ru - ul 7 *� Stevan Ross Ln Triple R. Dairy Farm 151 Bob Boyd Road -------- -� r` Wavnesviile. NC 28785 SOIL & WATER `E3p1s�1 —gook jai Mile. Haywood Soil and Water Conservation District 599 Raccoon Road, Suite 203 Waynesville, NL 28796 (829) 952-2741 (929) 956-5132 Ext- 3 February 9, 2017 Mr. G. Landon Davidson Regional Supervisor Water Quality Regional Operations Asheville Regional Office 2090 U.S. Highway 70 Swannanoa NC 28778-8211 Dear Mr. Davidson, ` This letter is being written on behalf of the Steven Ross Triple R Dairy Farm and the Haywood Soil and Water Conservation District and is in reference to NOV-2017-PC-0017. The Haywood Soil and Water District and the NRCS Field Office have always worked very closely with the Ross Family on their dairy operation. Therefore, we will work very diligently to correct this NOV in as timely manner as possible. Also, I would like to offer an explanation of some of the situations noted in the NOV. When the original system was installed, all the components listed in the plan were in place and working. After many years the original system became very hard to operate and needed to be changed, so with the help of our engineers ( who designed and approved the changes), the current system was installed and completed in 2011. From that time forward the existing system has been in place. The current system has been reviewed yearly for several years by Division of Soil and Water staff and inspected yearly by DEQ staff, so with the changes approved by the engineers we felt we were o.k. The change in number of animals from 250 to 300 is all ,on me. I knew the dairy increased their numbers and I noted that in the narrative but failed to notify DWQ and submit the correct forms. I will correct this. Our engineering staff is very overloaded at this time, but we will correct the numbers as soon as possible. In view of the length of time the current system has been in place and our engineering time crunch, 1 would like to request that we be allowed to revise and update the plan rather than having to go through the entire recertification process. Thank u far ygir nsideration. ie mathers,r Haywood Soil and Water Conservation District 589 Raccoon Road, Suite 203 Waynesville, NC 28786 Ph: (828)- 452- 2741 x 3 fax: (828)452-7031 e-mail: Ismathers@haywoodnc.net cc: Bev Price, Asheville Regional Office SOIL & WATER Haywood Soil and Water Conservatfon District 599 Raccoon Road, Suite 203 Waynesville, NC 28786 (828) g52-2741 (928) q56-5132 Ext. 3 February 9, 2017 Mr. G. Landon Davidson Regional Supervisor Water Quality Regional Operations Asheville Regional Office 2090 U.S. Highway 70 Swannanoa NC -28778-8211 Dear Mr. Davidson, This letter is being written on behalf of the Steven Ross Triple R Dairy Farm and the Haywood Soil and Water Conservation District and is in reference to NOV-2017-PC-0017. The Haywood Soil and Water District and the NRCS Field Office have always worked very closely with the Ross Family on their dairy operation. Therefore, we will work very diligently to correct this NOV in as timely manner as possible. Also, I would like to offer an explanation of some of the situations noted in the NOV. When the original system was installed, all the components listed in the plan were in place and working. After many years the original system became very hard to operate and needed to be changed, so with the help of our engineers ( who designed and approved the changes), the current system was installed and completed in 2011. From that time forward the existing system has been in place. The current system has been reviewed yearly for several years by Division of Soil and Water staff and inspected yearly by DEQ staff, so with the changes approved by the engineers we felt we were o.k. The change in number of animals from 250 to 300 is all on me. I knew the dairy increased their numbers and I noted that in the narrative but failed to notify DWQ and submit the correct forms. I will correct this. Our engineering staff is very overloaded at this time, but we will correct the numbers as soon as possible. In view of the length of time the current system has been in place and our engineering time crunch, 1 would like to request that we be allowed to revise and update the plan rather than having to go through the entire recertification process. Thanie k mau for you nsideration. thers, it ctor Haywood Soil and Water Conservation District 589 Raccoon Road, Suite 203 Waynesville, NC 28786 Ph: (828)- 452- 2741 x 3 fax: (828)-452-7031 e-mail: Ismathers@haywoodnc.net cc: Bev Price, Asheville Regional Office F E B 1 3 2017 wager Maw RegWMI opem*ms i J ►. N(C. Water Resources Fnvironmental Quality .January-23 2017 --- CERTIFIED MAIL 7015 1520 0003 5463 2633 RETURN RECEIPT REQUESTED Mr. Steven Ross Triple R Dairy Farm 151 Bob Boyd Road Waynesville, North Carolina 28785 Subject: NOTICE OF VIOLATION NOV-2017-PC-0017 Administrative Code 15A NCAC 2T .1304 NCGS 143-215 et seq. & Section 402 of the Clean Water Act 'triple R Dairy Farm Facility No. 44-13, General Permit No. AWG200000 Certificate of Coverage Permit No. AWC440013 Haywood County Dear Mr. Ross: ROY COOPER Governor MICtIAEL S. REGAN Secretai), S. JAY ZIMMERMAN Director On December 14, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the Triple R Dairy and the permitted waste disposal system. We wish to thank Mr. Phillip Ross, who was present and assisted during the inspection. As a result of this inspection, 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. 1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste System General Permit No. AW6200000 as follows: Violation 1: Failure to make "major changes," revisions", or "amendments" to the CAWMP, as defined in Section VII., "Definitions," of the General Permit, in order to address any changes needed to maintain compliance with the facility's COC and the General Permit. "Major changes" to the CAWMP must be documented, dated, and included as part of the CAWMP. "Major changes" and revisions to the CAWMP shall be submitted to the appropriate Division Regional Office within thirty (30) calendar days of the "major change" or "revision", in accordance with Condition I. 3. of Cattle Waste System General Permit No. AW6200000. Condition VII. Definitions — Major changes to the CAWMP means, in the number of animals, retrofit of a lagoon, installation of a new irrigation system, and similar type changes. Recertification is only required for major changes to the CAWMP. Major changes to a facility must first be approved by the Division. The new CAWMP and the certification shall be submitted with a request that the COC be amended to reflect the changes. The facility may not make the changes until a new or amended COC has been issued. On December 14, 2016 staff noted that the facility operation is different than what is indicated in the current (September 24, 2009) Nutrient Management Plan for Animal Waste Utilization. The 2009 plan indicates waste management includes a wastewater storage pond, a manure drystack, irrigation hydrants/movable gun and solids manure spreader. The wastewater storage pond has been increased in size to accommodate liquid and solid waste. The irrigation system and the drystack are no longer in use. �"Nothhtg Compares.... State of Noith Carolina } Environmental (duality I Water Resources 20% US. Highway 70, Swannanoa. North Carolina 28778 828-296-1500 t Required Corrective action for Violation 1: If you have not already done so, contact the Haywood County Soil & Water Conservation District for assistance in - modifyingthe-waste management plan.-The:new waste management_ plan should be recertified and submitted_to_the - Division with a request that the COC be amended to reflect the changes. Violation 2: Failure to modify the CAWMP and COC prior to the increase or modification to the annual average design capacity in accordance with Condition L 4. of Cattle Waste System General Permit No. AWG200000. On December 14, 2016 staff noted that the average animal population was above 250 milk cows. The narrative in the Nutrient Management Plan indicates the system is designed for 300 dairy cows but the October 1, 2014 COC shows 250 milk cows. Required Corrective Action for Violation 2: If you have not already done so, contact the Haywood County Soil & Water Conservation District for assistance in modifying the waste management plan. The new waste management plan should be recertified and submitted to the Division with a request that the COC be amended to reflect the changes. You are required to take any necessary action to correct the above violations and to provide a written response to this Notice by February 21, 2017. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Beverly Price or me at (828) 296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office Attachement : Inspection Report cc: Christine Lawson, DWR Animal Operations Program Leslie Smathers, Haywood County SWCD w/Attachment Asheville Regional Office File G:IWRIWQIHaywooMAF0sITriple R Dairy Farm1N0V-2017-PC-0017.doc Location of Farm: Latitude: 35'35'30" Longitude: 83° 01'30" 1.40 Exit 20 to 276 E. for 114 mi. tum right on Cove Crk. Rd. then left on Bob Boyd Rd„ tum right on Farmland Rd. take the next black top road to right and go to end. Question Areas. Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Steven M Ross Operator Certification Number: 21955 Secondary OIC(a): On•Sito Reprosontative(s):- - Name Title Phoney 24 hour contact name Phillip Ross Phone On-site representative Phillip Ross Phone Primary Inapoetor: Beverly Price Phone: ga $ � A96- J/6 8 S inspector Signature: Date: Secondary Inspector(a): Timothy R Fox Inspection Summary: Waste Analysis 10/6116 LSD N= 7.79 lb/1000 gal 2124116 LSD N= 7.33 Ib11000 gal Soils Analyses: 2/20116 1. Concrete and metal pipe fatigue ® comer of silo. Haywood County Soil and Water and Jeff Young have been contacted and are seeking solutions. 20. System Operation has changed from irrigation & solids spreading to slurry. The animal population has increased to approximately 300; the COC is for 250. The waste pond has been expanded to accomodate all waste (formally waste pond & dry stack). Fields on Beantown Road are being added to WUP. System needs to be re -certified page: 1 Division of Water Resources Division of Soil and Water Conservation El Other Agency - Facility Numbor:--440013--- - - - -facility Status:---- Active.-_ _ __- - Permit:--AWC440013---•Q -DeniedAccess ~ Inpaection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Haywood Region: Asheville Rate of Visit: 12114/2016 Entry Time: 08:30 am Exit Time: 10:00 am Incldont # Farm Name: Triple R Dairy Farm Owner Email: Owner: Steven M Ross Phone: 828-734-1516 Mailing Address: 151 Bob Boyd Rd Waynesville NC 28785 Physical Address: 298 Farmland Rd Waynesville NC 28785 Facility Status: ❑ Compliant Not Compliant Integrator. Location of Farm: Latitude: 35'35'30" Longitude: 83° 01'30" 1.40 Exit 20 to 276 E. for 114 mi. tum right on Cove Crk. Rd. then left on Bob Boyd Rd„ tum right on Farmland Rd. take the next black top road to right and go to end. Question Areas. Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Steven M Ross Operator Certification Number: 21955 Secondary OIC(a): On•Sito Reprosontative(s):- - Name Title Phoney 24 hour contact name Phillip Ross Phone On-site representative Phillip Ross Phone Primary Inapoetor: Beverly Price Phone: ga $ � A96- J/6 8 S inspector Signature: Date: Secondary Inspector(a): Timothy R Fox Inspection Summary: Waste Analysis 10/6116 LSD N= 7.79 lb/1000 gal 2124116 LSD N= 7.33 Ib11000 gal Soils Analyses: 2/20116 1. Concrete and metal pipe fatigue ® comer of silo. Haywood County Soil and Water and Jeff Young have been contacted and are seeking solutions. 20. System Operation has changed from irrigation & solids spreading to slurry. The animal population has increased to approximately 300; the COC is for 250. The waste pond has been expanded to accomodate all waste (formally waste pond & dry stack). Fields on Beantown Road are being added to WUP. System needs to be re -certified page: 1 Permit: AWC440013 Owner - Facility : Steven M Ross Facility Number: 440013 Inspection Date: 12/14/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle -250- - -._.. --_---306 Total Design Capacity: 250 Total SSLW: 350,000 Waste Structures Disignated Observed Type Identifier Closed Dale Start Date Freeboard Freeboard Wasltr Pond LSD POND 42.00 PostalS. a ■ M M'00(neslic mail Only .n M�. iP- EI S-0 Certified Mail Fee Ln s Extra ervices Fees fchecA ax add fee m ePPm"re) (� ❑ Return Receipt (hardcopy) $ Postmark [] Q Relum RerelP, {eledmnlc) E3 C3Cmrifled Mall ReMrelld pdhrery $ Here C3 ❑Adam Slq-turn FWulmd S- C] Aduh 8"ture Restdcted odl,«y f C3 Postage Ln • �--- r'7 „� : Steven Ross r_1 `Triple R. Dairy Farm .c`! -�-I ------ M : 151 Bob Boyd Road Waynesville, NC 28785 ...................... . .DELIVERY SENDER.SECTION A. 51 Lure Agent ■ C Fete items 1, 2, and 3. ■ Pyr,. .Your name and address 0n the reverse X ❑ Addressee so that we can return the card to you. - v tsy e) C. to of slivery �b55 t Steven s farm 1 Triple Rairy ? ❑ s dlfterent item I't' detivery ad17 NON � 151 Bob•Boyd Road�0 i Waynesville, NC 28785 1111,1yr�lrltlr,lrllr,r�,`���liil�y Ill I f� i _ ••� — _� 3, Sero a ljrpe s +' . �r Q Fdorlty Mail Express® Q Redstered Marl, ll 4��11�1��11��� ��+��1�� Aduk Signature QCertltledNAaIIreResbictedDelivery t7Deeli etryeredMailRestricted, f�■��������� 5590 9402 1846 6104 5568 24 Glum Receipt for edified Mall ResMded Delivery i andise ❑ Collect on Dellvery n Ignswre CcnflrmatlonTM p Collect on Delivery Restricted Delivery Signature Conflrmatlon 7. Artialn Number (Trams%, from service label) - 2633 n k.,.,,.-.+ u�l Rgagioted DelivorY alt ResbtctedDelivery 7015 Lazo 0093 5463 'awl ' �G" �1 77 Domestic Return R PS Form 3811, July 2015 PSN 7530-02-000 9053 - - - - page: 2 I Permit: AWC440013 Owner - Facility : Steven M Ross Facility Number: 440013 Inspection Date: 12/14/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Dilschgrgea & Stream c Yea No No No 1. Is any discharge observed from any part oftheoperation?_ _ _^ __ ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other a. Was conveyance man-made? ❑ M ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) 0 111:1 ❑ c. What is the estimated volume that reached waters of the State (gallons)? unknown d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ 0 ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ■ ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ■ ❑ ❑ State other than from a discharge? Waste Collection, Storage ✓f< Treatment Yea No Na No 4. Is storage capacity less than adequate?] ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Led large ❑ � ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a ❑ 0 ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ 0 ❑ ❑ B. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ N ❑ ❑ maintenance or improvement? Waste Application Yep Np Na Ne 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ E .❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? [] ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? [] PAN? ❑ Is PAN > 10°/u110 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 page: 4 Permit: AWC440013 Owner - Facility : Steven M Ross Facility Number: 440013 inspection Date: 12/14/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste ARPlication You No Na No Crop Type 1 Cam (Silage) Crop Type 2 — - -- ---_ _ .. . _ _ _. ._ _ . _ -- -- ---- --..- Fescue (Hay, Pasture) Crop Type 3 Small Grain -(Wheat, Barley, Oats) Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Dillsboro Soil Type 2 Hayesville SOI I Type 3 Hemphill loam, 0 to 3% slopes, rarely fl Soil Type 4 Dellwood cobbly sandy loam, D to 3% slop Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ 0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ E ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ N ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ E ❑ ❑ Records and Documents Yes No No No 19. Did the -facility fail to have Certificate of Coverage and Permit readily available? ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? 0 ❑ ❑ ❑ If yes, check the appropriate box below. WUP? Checklists? ❑ Design? Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ 0 ❑ ❑ If yes, check the appropriate box below, Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ page: 4 Permit: AWC440013 Owner - Facility : Steven M Ross Facility Number. 440013 Inspection Date: 12/14/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents You No Nn No Rainfall? [] Stocking?-- _ �_._ -_--- ---Crop yields?'__�.__...—�.__ __ _ __ _ ❑_ ___ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ 0 111:1 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ M ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ m ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ E ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ 0 ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ M ❑ Other Issues rgg xa Nn No 28. Did the facility fail to properly dispose of dead animals within 24 hours andlor document ❑ 0 ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ M ❑ ❑ contact a regional Air Quality representative immediately. 30, Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ M ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon I Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ M ❑ ❑ CAWMP? 33. Did the Reviewer/inspector fail to discuss review/inspection with on-site representative? ❑ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ ❑ ❑ page: 5 TRIPLER R DAIRY FARM INC. 151 Bob Boyd Rd. Waynesville, NC To Whom It May Concern: RECEIVED oh,ww Of Water Rowuroes NOV 2 1 2016 Water 0uF11 y Reglonsl Dpenoons Asheville fieiona Office _, On behalf of Triple R Dairy, I am writing in response to the Notice of Violation that we received on October 27, 2016 for a land application event on August 29, 2016. Triple R Dairy Farm Inc. has been in business for the last fifty years. During that time we have all been good stewards of the land and water. We have also been respectful to the neighbors in the community. The employee spreading waste for us in August was relatively new to the task and was unaware of all of the buffer requirements. He was just mainly instructed to stay away from open water of any kind. We take full responsibly for the improper training of this employee and have since taken measures to ensure that it never happens again. We had a meeting with all employees to inform them of all the correct buffer distances and how important it is to maintain those distances correctly. They where also told that when in doubt of there distance always go more instead of less. There has also been a copy of all the correct buffer distances posted in both trucks so there isn't any question as to how far to stay away when spreading. I have also spoken with Haywood Soil and Water since the incident. They have agreed to monitor applications where there is a stream located near the application area. In regard to this field not being on our current Waste Utilization Plan. We are currently working with Haywood Soil and Water to add this field to our WUP. This field is on the Farm Service Agency maps of land that we tend. This is not a field that we routinely apply to. The only reason we where applying during this time is that we did not really have anywhere else that we could responsibly apply at the time. We could not apply to any of the pastures that we normally apply to during the summer due to dry weather and the grass being short. We didn't want to compromise our cattle by not leaving them enough to pick. So the decision was made to spread a few loads on this field since it was a freshly cut hay field and there was nothing in it. We could have probably waited until we cut some corn off the fields that are currently in our plan, but we always try to maintain a safe freeboard in our lagoon because you never know what the weather has in store for you next as a farmer. I would appreciate it to be taken into consideration that even though the buffer to the stream was not adequate in a couple of places, there was no waste that entered the stream. There was also no waste that crossed the property line and no damage to anyone's property occurred. It was only the complaint of smell from a disgruntled neighbor that prompted the investigation. Animal waste is going to have an odor whether is applied within 50 feet of the dwelling you are in or 200 feet. I know this does not change the rules and I don't expect it to. It is just a fact of the matter. Lastly, I would greatly appreciate for someone to review the handling of this investigation. We where not notified the day of the investigation. Therefore, no one was present to see any measurements taken or to discuss anything prior to the NOV being sent out. Furthermore, the paperwork containing details of the investigation was left in the driveway at my father's home where it was blown into the road and part of it went missing. What was left of the packet was hand delivered to us the next day by a neighbor who found it in the road, along with questions from them about what was going on. In conclusion, I am asking that the DWR to please take into account everything that I have mentioned in this letter and the actions that are being taken on our part to ensure that this will never happen again, before deciding to take further action. Sincerely, Phillip Ross Triple R Dairy Kms__ rNo Lina Department of -Environmental Quality " Water -Resource Qi v s _ Water Quality operations Section `Weimm by (Pd"JL-a 2090 U.S. Highway 70 r - Swannanoa�iC 287.7W 211 -- . de�very address • � Steven Ross Triple R Daiq Fann {n ;151 8oboad - Waynesvili; MC 28785-2441ablawm 0 O m Ilii�I�IIii� L �I i �Il l 1� �I ServffkMe � Ir 9590 9402 1845 6104 5550 63 SO000> 7075 1520 0003 5463 1223 0* PS Form 3811>Juty2o1sPsN7=-m-m�/tWil01fo-P4C•051 • • � i; .� r w r {n 0 O m f n � Ir SO000> E22T E9+,S E000 0257~ sTO6 E3 Agm# C. Date of Dativery sift f cm item? 0 Yes kWsw bekw.X 0 NWO ❑ Sana r- ❑ Sign�eeca�d5rnaslon d t]WMy Dortesticc a3eh" a PAT MCCRORY Governor DONALD R. VAN DER VAART Water Resources ENVIRONMENTAL QUALITY sacratsfy S. !AY ZIMMERMAN Dtrector October 27, 2016 CERTIFIED MAIL 7015 1520 0003 5463 1223 RETURN RECEIPT REQUESTED Mr. Steven Ross 'Triple R Dairy Farm 151 Bob Boyd Road Waynesville, North Carolina 28785 Subject: NOTICE OF VIOLATION/NOTICE OF RECOMMENDATION TO ENFORCE NOV-2016-PC-0519 Administrative Code 15A NCAC 2T .1304 NCGS 143-215 et seq. & Section 402 of the Clean Water Act (Triple R Dairy Farm) Facility No. 44-13, General Permit No. AWC200000 Certificate of Coverage No. AWC440013 Haywood County Dear Mr. Ross: On August 29, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), responded to a complaint concerning a land application event for the Triple R Dairy Farm. As a result of this complaint investigation, 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 .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste Management System General Permit No. AW0200000 as follows: Violation: Failure to maintain buffer strips or other equivalent practices as specified in the facilities Certified Animal Waste Management Plan near feedlots, manure and feed storage areas and land application areas. Condition H. 20. (Operation and Maintenance Requirements) of Cattle Waste Management System General Permit No. AWG200000 On August 29, 2016 staff arrived on site at a land application field on Beantown Road in Haywood County. Employees o f Triple R Dairy were land applying animal waste. The following buffers were not being maintained: 200 feet from residential dwellings not owned by the producer - Animal waste was applied within 200 feet of residences on Nottingham and Elderberry Lane. 25 feet from perennial streams — Animal waste was applied within 25 feet of an unnamed tributary to Beantown Creek. Required Corrective action for Violation: If you have not already done so, begin adhering to all buffer requirements. State of North Carolina I Environmental Quality I Water Resources 2090 U. S. Hwy.70 { Swannanoa, North Carolina 28778 828 296 4500 Triple R Dairy � • October 27, 2016 Page 2 Based on information provided to this office by the Haywood County Soil & Water Conservation District, the application field referenced in this Notice is included in Farm Service Agency maps. However, the field(s) on Beantown Road are not included in your Waste Utilization Plan (WUP). The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following item on or before November 27, 2016: Updated WUP You are required to provide a written response to this Notice within 10 days from receipt of this,Notice. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violation in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violation cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water. Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Pursuant to G.S. 143-215.6A you may be assessed more than $10,000 per day for so long as the violation continues. If you have any questions concerning this Notice, please contact Beverly Price or me at (828) 2964500. Landonid , P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Christine Lawson, DWR Animal Operations Program Leslie Smathers, Haywood County SWCD Asheville Regional Office Fife G :1 WR1 WQ1F9aywoodlCAFOs\Tri pl e R Dairy F armlW ord Docs1N0V (NRE)-2016-PC-0519.doc C PAT MCCRORY Governor DONALD R. VAN DER VAART Water Resources ENVIRONMENTAL QUALITY S. S. !AY ZIMMERMAN Aiructor October 27, 2016 CERTIFIED MAJL 70151520 0003 54631223 RETURN RECEIPT REQUESTED Mr. Steven Ross Triple R Dairy Farm 151 Bob Boyd Road Waynesville, North Carolina 28785 Subject: • NOTICE OF VIOLATION/NOTICE OF RECOMMENDATION TO ENFORCE NOV-2016-PC-0519 Administrative Code 15A NCAC 2T .1304 NCGS 143-215 et seq. & Section 402 of the Clean Water Act (Triple R Dairy Farm) Facility No. 44-13, General Permit No. AW0200000 Certificate of Coverage No. A WC440013 Haywood County Dear Mr. Ross: On August 29, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), responded to a complaint concerning a land application event for the Triple R Dairy Farm. As a result of this complaint investigation, 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 .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste Management System General Permit No. AWG200000 as follows: Violation: Failure to maintain buffer strips or other equivalent practices as specified in the facilities Certified Animal Waste Management Plan near feedlots, manure and feed storage areas and land application areas. Condition 11. 20. (Operation and Maintenance Requirements) of Cattle Waste Management System General Permit No, AWG200000 On August 29, 2016 staff arrived on site at a land application field on Beantown Road in Haywood County, Employees of Triple R Dairy were land applying animal waste. The following buffers were not being maintained: 200 feet from residential dwellings not owned by the producer - Animal waste was applied within 200 feet of residences on Nottingham and )elderberry Lane. 25 feet from perennial streams — Animal waste was applied within 25 feet of an unnamed tributary to Beantown Creek. Required Corrective action for Violation: If you have not already done so, begin adhering to all buffer requirements. State of North Carolina I Hnvimnmental Quality I water Resources 2090 U.S. Hwy.70 I Swannanoa, North Camlim 28778 828 296 4500 3-. �r • Triple R Dairy October 27, 2016 Page 2 Based on, information provided to this office by the Haywood County Soil & Water Conservation District, the application field referenced in this Notice is included in Farm Service Agency maps. However, the field(s) on Beantown Road are not included in your Waste Utilization Plan (WUP). The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following item on or before November 27, 2016: Updated WUP You are required to provide a written response to this Notice within 10 days from receipt of this,Notice. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violation in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to prosent an explanation for the violation cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water. Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Pursuant to G.S. 143-215.6A you may be assessed more than $10,000 per day for so long as the violation continues. If you have any questions concerning this Notice, please contact Beverly Price or me at (828) 296-4500. U�Landon ds ,P.G. 7015 1520 0003 5463 1223 Regional Supervisor ± Water Quality Regional Operations " s ❑ ❑ ❑ ❑ E � � 2 Asheville Regional Office — C_-` 8 m 3 B cc: Christine Lawson, DWR Animal Operations Program Leslie Smathers, Haywood County SWCD Asheville Regional Office File G:IWRIWQ\Haywood\CAFOs\Triple R Dairy FarmMord Docs\NOV(NRE)-2016-PC-0519.doc f� N 3 o m q. _ CO 0 a m` O r - za�� m �g = noa a cco o N 4a � r ; Price Bev N0V- ao1G - pC-0 From: Laverty, Brett Sent: Wednesday, August 31, 2016 10:34 AM To: Price, Bev Cc: Davidson, Landon Subject: Triple R dairy.farm complaint Attachments: Brett Laverty field notes August 26 2016.pdf Follow Up Flag: Follow up Flag Status: Flagged Bev, I received a nuisance complaint from Shane Kovacevich (98 Nottingham Lane; 828-400-7116) on August 29, 2016 concerning the land application of dairy wastes from Triple R farm on Beantown Road in Haywood County. I visited the field that afternoon (see attached field notes). It appears that they are not meeting their setbacks from residential property lines (75 feet) and residential dwellings (200 feet). I also reviewed their permit and can't find this particular field on their approved land application inventory. I called Christine Lawson—she said to call Steve Ross and ask if they recently amended their permit and added this field. I talked to Steve Ross today and he wasn't able tell me if this field was in his inventory or not. It is important to note that Triple R is currently land applying directly across Beantown Road from this field, which does not appear to be in their inventory either. I will provide additional updates as I get more information. Brett Brett Laverty Hydrogeologist— Asheville Regional Office Water Quality Regional Operations Section Division of Water Resources North Carolina Department of Environmental Quality 828 296 4500 office email: brett.laverty@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 - Nothing Compares_--,,.,— Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. �//Os ?t� ao/ (ooa3 0s Brett Laverty Field Notes August 29, 2016 1139 Beantown Road Distances are measured from edge of waste to top of stream bank 18 ft 34 ft v 0 30 ft 23 ft Ross Farmland LLC PIN#t 8608-18-5775 a 35 ft 0 33 ft Distances are measured from edge of Nottingham Lane waste to residential property boundary �r` s 12 ft 0 23 ft 24 ft Elderberry Lane 13 ft '�- � Goaale All setbacks measured with a distance wheel .A of Farre 2175 in Haywood Cou& North Carolina "rM Haywood County, NMth Carolina [--] Cropland E . Non-cropiand JW CRP Farm 2175 Tract 505 Wetland Determination Identifiers tt Restricted Use V Limited Restrictions 0 ■ Exempt from Conservation Compliants Provisions Page 1 of I 2016 Crop Year N W+. S Tract Page: 1 of 1 Uniled Stales Depanmanl of Agricultura (USDA) Farm Service Agency (FSA) maps are for FSA Program administration only. This map does not repraeant a legal survey or reflect actual ownership; rather it depicter the infomtatlon providad directly from the producer andfor National AgrkxAlural Imegary Program (MAIP) [magary..The producer accepts the data 'as is' and sesumaa an risks associated sAth ils use, USDA;FSA assumes no responsibility lot actual or consequentlal damage Incurred as a result of any user's reliance on this data outside FSA Programa Milandidenlifers do not represent the aim, shape, or specifle determination of the area. Refer to your origlnal daterrctnation (CPA -028 and anachad maps) for exact boundaries and determinallons or r. comod USDA Nalural Resa rcea Conservadon Service (MRCS), htips:llintranet-apps.fsa.usda.govlcars/setUpReports.do?di spatchTo=report&report=fsa578Map&farmNu... 10/14/2016 Haywood, NiWhCarQhrta Irrigation Crop/ Var/ Form Approved - OMB No. 0560-0004 FSA - 578 (Producer Print) Reporting Reported i ark f, -,COMM WTI]ES'cit:=;�-�,:-r;t r -,_.,2016. JN!j' Experimental Producer Name and Address ,NIA iii/A Planting Crop/ TRIPLE R DAIRY FARM INC 151 BOB BOND RD Int FARM AND TRACT DETAIL LISTING 0/14/2016 DATE: 1PAGE: � ; PAGE: 2 WAYNESVILLE, NC 28785-2441 Determined Reported Determined Reported Determined Farm Tract CLU! Irrigation Crop/ Var/ Int Act Organic CIC Reporting Reported Determined Crop Planting Planting End Producer Producer RAJA NAP Number Number Field Practice Commodity Type Use Ilse Status Status Unit Quantity Quantity Land Date Period Date Share Name Unit Unit »,s Quantity -- "+ `AY f 1099 3A N MIXFG IGS FG it = C I A 4.88 Yes 411114 01 2017 100.00 TRIPLE R DAIRY FARM 1099 INC 8 N FALOW MIXFG C I A 0.53 Yes 01 2017 100.00 TRIPLE R DAIRY FARM INC 1089 N MIXFG IGS FG C 1 A 21.22 Yes 411/14 01 2017 100.00 TRIPLE R DAIRY FARM 1099 A 1.03 01 INC IGS N N MIXFG !GS GZ C I A 24.41 Yes 11/19113 01 2017 100.00 TRIPLER DAIRY FARM 1093 INC Farm Tract Photo Number/Legal Description: H9/1A Irrigation Crop/ Var/ Cropland: 149.52 Farmland: 149.52 Reporting Reported Determined Crop Prevented Prevented Experimental Experimcutal Volunteer Volunteer NIA NIA Planting Crop/ Var/ Irrigation lot Reported Determined Reported Determined Reported Determined Reported Determined Reported Determined Period Commodity Type Practice Use Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Qnantlty, 01 CORN YEL N FG 9.24 Farm Tract CLU/ Irrigation Crop/ Var/ Int Act Organic C/C Reporting Reported Prevented Prevented Experimental Experimental Volunteer Volunteer ,NIA iii/A Planting Crop/ Var/ Irrigation Int Reported Determined Reported Determined Reported Determined Reported Determined Reported Determined Period Commodity Type Practke Use Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity 01 FALOW N 0.53 01 MIXFG IGS N FG 27.89 N MIXFG IGS GZ C I A 1.03 01 MIXFG IGS N GZ 24,41 1099 Farm Tract CLU/ Irrigation Crop/ Var/ Int Art Organic C/C Reporting Reported Determined Crop Planting Planting End Producer Producer RATA NAP Number Number Fuld Practice Commodity Type Use Use Status Status Unit Quantity Quantity Land Date Period Date Share Name Unit Unit 3454 9819 1 N CORN YEL FG C I A 9.24 Yes 6110116 01 2018 100.00 TRIPLE R DAIRY FARM 1099 INC 4 N MIXFG INC GZ C I Photo Number/Legal Description: H912B Yes 2119114 01 2017 100.00 Cropland:9,24 1099 Fatmland: 41.23 Prevented Prevented Experimental Experimcutal Volunteer Volunteer NIA NIA Planting Crop/ Var/ Irrigation lot Reported Determined Reported Determined Reported Determined Reported Determined Reported Determined Period Commodity Type Practice Use Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Qnantlty, 01 CORN YEL N FG 9.24 Farm Tract CLU/ Irrigation Crop/ Var/ Int Act Organic C/C Reporting Reported Determined Crop Planting Planting End Producer Producer RATA NAP Number ,Number Field Practice Commodity Type Use Use Status, Status Unit Quantity Quantity Land Date Period Date Share Name Unit Unit 3587 450 1 N MIXFG IGS GZ C 1 A 15.53 Yes 2/19/14 01 2017 100.00 TRIPLE R DAIRY FARM 1099 INC 2 N MIXFG IGS GZ C I A 1.03 Yes 2/19114 01 2017 100.00 TRIPLE R DAIRY FARM 1099 INC 3 N MIXFG IGS GZ C I A 6.90 No 2119/14 01 2017 100.00 TRIPLE R DAIRY FARM 1099 INC 4 N MIXFG IGS GZ C I A 1.76 Yes 2119114 01 2017 100.00 TRIPLE R DAIRY FARM 1099 INC 5 N MIXFG IGS GZ C I A 1.35 Yes 2119/14 01 2017 100.00 TRIPLE R DAIRY FARM 1099 INC 6 N MIXFG IGS GZ C I A 1.36 Yes 2119/14 01 2017 100.DU TRIPLE R DAIRY FARM 1099 INC �pF W H rFq p Michael F. Easley, Governor Q William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources >_ -4 p ^� Alan W. Klimek, P.C. Director Division of Water Quality December 1, 2004 .w CERTIFIED MAIL 7004 0750 0000 2589 9576 r RETURN RECEIPT REQUESTED Mr. Steve Ross �" ! Triple R Dairy 298 Farmland Road Waynesville, North Carolina 28786 Subject: NOTICE OF VIOLATION Compliance Inspection — Record Keeping — Waste Analysis Triple R Dairy Facility No. 44-13 Haywood County Dear Mr. Ross: On November 18, 2004, Bev Price of the Division of Water Quality's Asheville Regional Office conducted a routine compliance inspection of the waste handling system for the Triple R Dairy. It was noted that a waste analysis has not been obtained for 2004. This is a violation of the Certified Animal Waste Management Plan. A waste analysis should be collected within 60 days of application. Please respond to this office within 15 days of receipt of this notice indicating what measures you have taken to address this violation. If you have any questions concerning this matter, please do not hesitate to contact Ms. Bev Price at (828) 296- 4500. Sincerely, G. Landon Davidson, P.G. Regional Aquifer Protection Supervisor cc: Rocky Durham DENR DWQ Mooresville Regional Office 610 E, Center Ave. Ste. 301 Mooresville, NC 28115 Aquifer Protection Section Central Files Aquifer Protection Section Asheville Regional Office Files Nn°rthCaro ' na North Carolina Division of Water Quality -Asheville Regional Oflice 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296.4500 Aquifcr Protection Section FAX (828) 299-7043 Customer Service 1-877.623.6748 Internet: h2o.em.state.nc.us An Equal OpportunitylAffirmalive Action Employer - 50% Recyclod/10% Post Consumer Paper 0 6 • Postal CERTIFIED MAIL,, RECEIPT Ln (Domestic Maii Only; No Insurance .• >r CD OFFICIAL USS u] ru Postage o CoHMO Fee0 © Postmark 0 Rewm RecEept Fee (F�rdoreamerd Raqulredj Here C3 Reselcted Delivery Fee Lr) (Endorsement Required) Lc::� a Total Postage 6 Fees C3 S&d To htr. Steve Ross ................ r%- Triple R Dairy orPOSUNa 298 Farmland Ro;id Waynesville, NC 28186 _.... ...... State of North Carolina Department of Environment and Natural Resources Asheville Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Division of Water Quality Mr. Steve Ross Triple R Dairy 298 Farmland Road Waynesville, North Dear Mr. Ross: WATER QUALITY SECTION November 15, 2000 Carolina 28786 - NCDENil, NO" CAROLINA DEPARTMENT OK ENVIRONMENT AND NATURAL" RESOURCES Subject: NOTICE OF DEFICIENCY Animal Operation Inspection Triple -R Dairy Farm Facility Number 44 - 13 Haywood County Please find enclosed a printed copy of the Inspection Report for the routine on-site inspection of your animal operation which was conducted on October 24, 2000. It should be noted that a level marker must be installed in your waste pond. You may wish to contact the Haywood Soil & Water Office for guidance. Don't forget to continue to maintain good records of land application rates and soil and manure analyses. If you have any questions concerning the Report or any other related matters, please do not hesitate,to contact me at 251-6208. Thanks for your time and assistance provided during the inspection. Sincerely, D. Keith Hayn Environmental Specialist xc: Haywood Soil & Water 44-13.let 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-645'2 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 0 Facility Number A4 I3 Date of Visit: 10/24/2000 Thne: 0925 Printed on: 11/15/2000 rO Not O erational O Below Threshold 13 Permitted 0 Certified 0 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: ......._....... ........ FarmName: ............... ..................... ..»....»...._ .... County: Hxand.........................»..._. ARO... �.._. Owner Name: T�agr�a�..._.........._....»»..»... Ops...».._._...._........_._....... _........»... Phone No: (828).221-15.47 ... ..... .......... ........ ......... .... ....... FacilityContact: ...... .... _............................... ._......_._.._.._._ Title: ....... _............. ...._................................. _ Phone No: ....... ........ ..».._ ...._.............. MailingAddress: 228..Fwd. W@A.......... ......_..........»................................. ... ........»......................................... 287AL ........... OnsiteRepresentative: Stexz.Rasa................................ ..._......... ............--,-'— Integrator: ._... _.... ... ..................................... ............. ._.............. Certifled Operator: S1ex a. __ .._..»...._...._... Rau ..................... —.—............... Operator Certification Number: ��5153 .. »».„............ Location of Farm: Jonathan Creek 276, turn left on Bob Boyd Road, take left onto Ross Cove Road and then take next Black top road to right an A go to end. ❑ Swine ❑ Poultry ® Cattle []Horse Latitude 35 • 35 30 " • Longitude 83 ' O1 30 Discharges & A113am iMpacts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) C] Yes [j No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes M 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 Cogection & Treatment 4. is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ....... »dq.swgk........ _ [aste.pntad..»...M.... _ .._................... ................»._. _..._» ._................ ............_......_..... Freeboard(inches): ..... ..........41 ........ ...... ... .._........ Ali ....... ...................._......_................_._...... »......... .»......................................... ........... _......... ...........