Loading...
HomeMy WebLinkAbout010010_CORRESPONDENCE_20171231 -VS- Atkinson,Jeremy,Albert Rotenstreich, Kenneth, H Atkinson,Lee,Albert Pro Se ISSUES: MVNG OMSC DAYS SINCE FILING: 149 # 76 12-CVS-001849 Reyna,Humberto Fi she r,W, Pe r ry,II Reyna,Patricia Fisher,W,Perry,II -VS- Crook,Marcella,Dyanne Davan,Karissa,Jadonna ISSUES: MVNG DAYS SINCE FILING: 146 # 77 12-CVs-001864 Nc State of Quigless,Anita,L Freeman,Dee Secretary Quigless,Anita,L NC Dept Of Environment 6 Natural Quigless,Anita,L Resources Dept Of Water Quality Quigless,Anita,L -Vs- Farms,Triple,W Craig, Robert, D Woody,Harold Craig, Robert, D ISSUES: INJU DAYS SINCE FILING: 142 $ 78 12=CVS-001893 John Helms & Assoc Inc Brown, E, Lawson, Jr -VS- Bullard,Clifford,E,Jr Trustee Haywood,Kenneth,C Grissom,John,L Trustee Haywaod,Kenneth,C Bullard,Clifford,E,Sr Trust Haywood,Kenneth,C Killer B's Enterprises Llc Haywnod,Kenneth,C Ramble On Restaurants Llc Haywood,Kenneth,C ISSUES: ACCT DISM DISM OMSC DAYS SINCE FILING: 139 Page 23 # 79 Rosebrock, Melissa From: LeVeaux, Anita [ALEVEAUX@ncdoj.gov] Sent: Thursday, February 14, 2013 2:31 PM To: robert craig Subject: RE: Draft Consent Order Bob: I am so sorry to hear about your father, I believe that I would also be out of touch. If you need more time, please let me know and I will explain your situation to my clients. Of course that said we both know that it is important to get the consent order in place; since the court has calendared our matter for hearing on 4 March 2013, in fact a fully executed consent order with some time tables might be the most effective use of our time. Your thoughts, Anita -----Original message----- From: robert Craig [mailto: lawyerbob39@agmail.com] Sent: Thursday, February 14, 2013 1:49 PM To: LeVeaux, Anita Subject: Re: Draft Consent Order sorry, I will be in touch early next week, looks good and I will be in touch about Mr. Woody decision to reduce his numbers . I have really been out of sorts lately. my father is in stage 4 of melanoma cancer and does not have long to live so I totally dropped the ball. On Wed, Jan 30, 2013 at 5:03 PM, LeVeaux, Anita <ALEVEAUX(@ncdoj .gov> wrote: > Bob-I didn't know if Mr. Woody was going to reduce his numbers or if he was > going to secure the permit consistent with DENR' s complaint for injunctive > relief. Please use the attached as a guide, filling in your client' s > preference-I 've included the FoF and COL--return the completed draft to me > so that I can review the proposed draft complaint with my clients. Call if > you have questions . Thanks, Anita 1 Rosebrock, Melissa , From: LeVeaux, Anita [ALEVEAUX@ncdoj.gov] Sent: Friday, January 18, 2013 3:14 PM To: Larick, Keith Cc: Rosebrock, Melissa Subject: RE: Harold Woody a.k.a. Triple W. Farms 12 CVS 1864 will contact opposing counsel. Anita From: Larick, Keith [mailto:keith.larick@ncdenr.gov] Sent: Friday, January 18, 2013 2:36 PM To: LeVeaux, Anita Subject: FW: Harold Woody a.k.a. Triple W. Farms 12 CVS 1864 Anita, See Melissa's message below. Any update on the Harold Woody injunction? Thanks, Keith ---------------------------- Keith Larick Supervisor, Animal Feeding Operations Unit (919) 807-6444 phone (919) 807-6496 fax www.ncwaterguality.org ---------------------------- Emoi!correspondence to and from this address is subject to the !North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Friday, January 18, 2013 2:33 PM To: Larick, Keith Cc: Joshi, J.R.; Mitchell, Patrick; Knight, Sherri Subject: Harold Woody a.k.a. Triple W. Farms 12 CVS 1864 Keith, Any update from Anita regarding this injunction? Mr. Woody had until November 2, 2012 to file his response. To date, we have not received a completed application package nor any written or verbal statement that Mr. Woody wishes to permanently reduce his cattle numbers below 100. A reminder that his farm number is 01-10 and is located in Alamance county. Thanks for your assistance, Melissa Melissa Rosebrock E-mail Address: meIissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336) 771-5289; fax(336)771-4630 1 www.ncwaterguaIity.org E-mail correspondence to and from this add.Liss may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Rosebrock, Melissa • From: LeVeaux, Anita[ALEVEAUX@ncdoj.gov] Sent: Tuesday, October 16, 2012 3:50 PM To: Larick, Keith; Rosebrock, Melissa Cc: Leach, Janet Subject: Triple W. Farms 12 CVS 1864 Melissa and Keith: I am in receipt of a motion to extend time to file a responsive pleading that was filed by Woody's attorney, Robert D.Craig,on 2 October 2012. Apparently,this matter was sitting with another DO1 attorney who realized—TODAY—that this was my case, and he sent it over. Woody has 30 days, 2 November 2012, as a matter of course to file his response. Let me know if you have questions,Anita t Rosebrock, Melissa • From: LeVeaux, Anita [ALEVEAUX@ncdoj.gov] Sent: Wednesday, September 12, 2012 3:53 PM To: Leach, Janet Cc: Larick, Keith; Rosebrock, Melissa Subject: Triple W. Farms Thank you. From: Leach, Janet Sent: Wednesday, September 12, 2012 3:35 PM To: LeVeaux, Anita Subject: Anita, The injunction for Triple W. Farms was issued in Alamance County on September 4, 2012 at 3:25 p.m. It was served on Harold Woody, President at 3545 East Greensboro Chapel Hill Road in Snow Camp, NC on September 6, 2012 at 9:10 a.m. by the Alamance Sheriff's Department. A copy of the Return of Service was received in this office today in the afternoon mail. I have it and will return it to your office along with a file stamped copy of the injunction complaint. -X'&2'n NCBA Certified Paralegal Department of Justice Environmental Divison P. O. Box 629 Raleigh, NC 27602 (919) 716-6948 ileach@ncdoi.gov i Rosebrock, Melissa 0 9 From: Leach, Janet[JLEACH@ncdoj.gov] Sent: Friday, August 24, 2012 3:47 PM To: Rosebrock, Melissa Subject: RE: Woody Documents Yes,That means it should be issued by the Alamance County Court once they receive it. They will then give the Sheriff a copy to deliver the summons and complaint to Mr. Woody. Hopefully, they will be able to find him and deliver the complaint within a few days. The judge will rule on the prayer for relief as stated in the injunction complaint: That the Court enters a preliminary injunction order without notice or hearing requiring the following: a. That within no more than 30 days of the effective date of the order, the Defendants shall submit to DWQ's Central Office, for its approval, a complete application for a Permit in order to maintain his operation containing more than one hundred (100) confined cattle, as required by N.C. Gen. Stat. § 143-215.1OC(c). b. That within 30 days of the effective date of the order, the Defendants shall secure a valid CAWMP as required by N.C. Gen. Stat. § 143-215.1OC (e); or shall permanently reduce the herd size to less than 100 head of confined cattle until such time as a valid permit has been issued. C. That within 90 days of the effective date of the order, Defendants shall construct a permanent structure to store the milking parlor's waste water, and control run-off of waste from the lot, consistent with the CAWMP, so as to discontinue illegal discharging into Class C,NSW waters. 3. To tax the costs of this action to the Defendant. 4. To grant such further relief as the Court may deem appropriate. If you need further explanation, you may direct your questions to Anita LeVeaux. Thanks again for your assistance with this complaint. From: Rosebrock, Melissa [mai Ito:melissa.rosebrockCancdenr.gov] Sent: Friday, August 24, 2012 3:30 PM To: Leach, Janet Subject: RE: Woody Documents Thank you, you too. Does this mean it will be filed with the court by the end of next week? If so, what happens next? Melissa Rosebrock E-mail Address: melissa.rosebrock ncdenr. ov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax(336)771-4630 www.ncwaterquality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Leach, Janet [ma ilto:JLEACH(&ncdoj.gov] Sent: Friday, August 24, 2012 3:24 PM To: Rosebrock, Melissa Subject: RE: Woody Documents Thanks. I don't know what happened to the email from yesterday. I will put this in the mail approximately mid week from Monday. Have a nice weekend. 1 From: Rosebrock, Melissa.[mailto:meligftosebrock@ncdenr.gov] Sent: Friday, August 24, 2012 12:30 PINTV To: Leach, Janet Subject: FW: Woody Documents Here it is again. Please let me know you received it....thanks! Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336)771-5289; fax(336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Thursday, August 23, 2012 9:11 AM To: Janet Leach Cc: Larick, Keith; Knight, Sherri Subject: Woody Documents Janet, The last of the requested exhibits is attached. Let me know if you need anything else. Thanks for your assistance. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.sov NCDENR Division of Water Quality Winston-Salem Regional Office S85 Waughtown Street,Winston-Salem, NC 27107 (336) 771-5289;fax(336)771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF ALAMANCE CVS STATE OF NORTH CAROLINA, ex rel. ) ROY COOPER, Attorney General ) ex rel., Dee Freeman, Secretary } North Carolina Department of } Environment and Natural Resources, ) COMPLAINT AND MOTION Division of Water Quality, Aquifer ) FOR INJUNCTIVE RELIEF Protection Section, ) Plaintiff, ) V. ) TRIPLE W. FARMS and ) HAROLD WOODY, ) Defendants. ) The State of North Carolina in accordance with Article 21 of Chapter 143 of the North Carolina General Statutes, and N.C. Gen. Stat. § IA-1, Rule 65 complaining of the Defendants, alleges and says: PARTIES 1. Plaintiff is the sovereign State of North Carolina. This action is being brought on the relation of Dee Freeman, the Secretary of Department of Environment and Natural Resources ("DENR"), the Division of Water Quality ("DWQ"), Aquifer Protection Section, (hereinafter "DENR" or "DWQ") an agency of the State established pursuant to the provisions of N.C. Gen. Stat. § 14313-275, et seq., and vested with the statutory authority regarding protection of the environment and enforcement of the environmental laws, including animal operations. N.C. Gen. Stat. § 143-21 l et seq. 2. Defendant, Triple W. Farms, Inc., is a corporation that was duly registered in the State of North Carolina doing business in Alamance County at the time the violations that gave rise to this action were committed. 3. Defendant, Harold Woody, is the operator and registered agent of Triple W. Farms ("the Farm"), located at 3545 East Greensboro-Chapel Hill Highway, Snow Camp, North Carolina 27349, in Alamance County; hereinafter, "Defendants". JURISDICTION AND VENUE 3. The Superior Court has jurisdiction of this action for injunctive relief for existing or threatened violations of various laws and rules and regulations governing the protection of water resources pursuant to N.C. Gen. Stat. §§ 7A-245 and 143-215.5C, IOC (a) and (e); and for such other relief as the Court shall deem proper. 4. Alamance County is a proper venue for this action because the violations or threatened violations which are the subject of this action for injunctive relief have occurred, are occurring, and may occur in Alamance County. GENERAL ALLEGATIONS Applicable Laws and Regulations 5. Pursuant to N.C. Gen. Stat. § 143-215.3(a)(1), the Environmental Management Commission ("EMC" or the "Commission") has the power "[t]o make rules implementing Articles 21, 21A, 21B or 38 of this Chapter." These statutes, and the rules adopted under them, are designed to further the public policy of the State, as declared in N.C. Gen. Stat. § 143-211, "to provide for the conservation of its water and air resources... [and], within the context of this Article [21] and Articles 2 1 A and 2 1 B of this Chapter [143], to achieve and to maintain for the citizens of the State a total environment of superior quality." 6. Defendants are persons consistent with N.C. Gen. Stat. §143-212(4) and pursuant to §§143-215.6A and 143-215.6C. 7. Mary's Creek ("the Creek") and unnamed tributaries flowing into the Creek are waters of the State consistent with N.C. Gen. Stat. § 143-212.6, and pursuant to N.C. Gen. Stat. § 143-215.1 and 215.1OC. 8. N.C. Gen. Stat. § 143-211 provides that "[s]tandards of water and air purity shall be designed to protect human health, to prevent injury to plant and animal life, to prevent damage to public and private property, to insure the continued enjoyment of the natural attractions of the State, to encourage the expansion of employment opportunities, to provide a permanent foundation for healthy industrial development and to secure for the people of North Carolina, now and in the future, the beneficial uses of these great natural resources." 9. N.C. Gen. Stat. § 143-215.1 requires a permit ("Permit") before any person can "make outlets into the waters of the state" or "cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications ... unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article [Article 21 of Chapter 143 of the General Statutes]." N.C. Gen. Stat. §143-215.1(a) (1) and (6). 10. Under N.C. Gen. Stat. §§143-215.1OB and 143-215.1OC, any agricultural feedlot activity involving 100 or more confined cattle is considered an "animal operation" requiring application for coverage under a Cattle Waste Management System General Permit ("Permit"). It. "No person shall construct or operate an animal waste management system for an animal operation... without first obtaining an individual permit or a general permit under this Article," and that an "owner and operator of an animal operation shall submit an application for a permit at least 180 days prior to construction of a new animal waste management system or expansion of an existing animal waste management system and shall obtain the permit prior to commencement of the construction or expansion."N.C. Gen. Stat. §§ 143-215.1(a) (12), 143- 215.1 OB, 143-215.1OC (a) 12. Rules adopted by the EMC at Subchapter 2T of Title 15A of the North Carolina Administrative Code ("the Code") establish the requirements and procedures for application and issuance of permits for waste disposal systems which do not discharge to the surface waters of the State, including, among others, animal waste management systems. 13. Pursuant to 15A N.C.A.C. 2T.0102 persons "proposing to construct, alter, extend, or operate any ... animal waste management system" must comply with rules for that system. 14. An Animal Waste Management System Plan must be submitted to DWQ pursuant to 15A N.C.A.C. 2T .I 304(b). 15. Pursuant to 15A NCAC 2T .1303, animal waste management systems for which waste does not reach the surface waters by runoff, drift, direct application or direct discharge during operation or land application and which are designed for and actually serve fewer than 100 head of cattle are "deemed permitted" pursuant to N.C. Gen. Stat. 143-215.1(b) (4) e and are not required to obtain an individual permit from DWQ. 17. Pursuant to 15A N.C.A.C. 2T .0104, "No person shall do any of the things or carry out any of the activities contained in N.C. Gen. Stat. 143-215.1(a)" unless that person applies for, receives, and complies with the issued permit. 18. An application is submitted and complete if it is consistent and pursuant to Regulations 15A N.C.A.C. 2T .0105 and .0106. 19. DWQ shall evaluate and take a final action on a permit submission pursuant to Regulations 15A N.C.A.C. 2T .0107 and .0108. 20. Pursuant to N.C. Gen. Stat. § 143-215.6C, when DWQ " has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of this Part [Part 1, Article 21, of the North Carolina General Statutes], any of the terms of any permit issued pursuant to this Part, or a rule implementing this Part, ..." then DWQ is authorized to "request the Attorney General to institute a civil action in the name of the State upon the relation of [DENR] for injunctive relief to restrain the violation or threatened violation." 21. That section further provides that "[u]pon a determination by the court that the alleged violation of the provisions of this Part or the regulations of the Commission has occurred or is threatened, the court shall grant the relief necessary to prevent or abate the violation or threatened violation." N.C. Gen. Stat. § 143-215.6C. 22. Additionally, the section provides that "[n]either the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings from any penalty prescribed for violation of this Part." N.C. Gen. Stat. § 143-215.6C. Factual Allegations 23. Defendant Woody both operates and is the registered agent for the Farm, a dairy operation located in Alamance County at 3545 East Greensboro-Chapel Hill Highway, Snow Camp, North Carolina 27349. 24. Mary's Creek, which is downhill from the Farm, including the concrete cattle lot, is classified as a Class C water of the State and a Nutrient Sensitive Water(NSW). It is designated a NSW in order to limit the discharge of nutrients (usually nitrogen and phosphorus). Mary's Creek and unnamed tributaries flowing into it are waters of the State under N.C. Gen. Stat. § 143-215.1 pursuant to N.C. Gen. Stat. § 143-212(6). 25. Mary's Creek flows into the Haw River, which is a tributary of the Cape Fear River. 26, On February 1, 1993, the Farm was deemed permitted as a non-discharge facility with less than 100 head of cattle in accordance with N.C. Gen. Stat. § 143-215.1(b)(4)e and 15A N.C.A.C. 2T .1303. 27. On February 2, 1994, Defendants were issued a Notice of Violation (NOV) for late submittal of"Registration Form for Animal Feedlot Operations." Attached hereto and incorporated herein as Exhibit 28. On January 22, 1997, Harold Woody was issued an NOV for "Discharging in excess of BMPs" after DWQ observed animal waste discharging from the feedlot and silage storage areas. Attached hereto and incorporated herein as Exhibit 29. On April 3, 1997, Defendants were issued an NOV for failing to designate an Operator in Charge. Attached hereto and incorporated herein as Exhibit 30. A January 26, 1998, DWQ letter documents that Defendants were continuing to allow runoff of waste from his facility. 31. On October 15, 1998, Defendants signed and submitted a "Request for Removal of Registration" form to DWQ. Defendants claimed a reduction in the dairy operation's herd size to below a total of one hundred head of confined cattle and a permit under N.C. Gen. Stat. § 143-215.10C(a) was no longer required. Defendants' signed request conceded and e e acknowledged, "Any expansion to this facility would require me to apply for, and obtain a permit prior to expansion." Attached hereto and incorporated herein as Exhibit 32. On February 26, 2009, staff of the Winston-Salem Regional Office of the DWQ ("DWQ") made a site visit in response to an anonymous complaint alleging that the Defendant maintained more than one hundred head of confined cattle without an Animal Waste Management System permit and thereby violated N.C. Gen. Stat. § 143-215.1OC. 33. During the February 26, 2009 site visit, DWQ's staff confirmed the N.C. Gen. Stat. § 143-215.10C violation through conversation with Defendants, observation of the cattle herd, and review of the Farm's milk-production records. 34. During the February 26, 2009 site visit, Defendants also admitted to maintaining more than one hundred head of cattle for at least two years. 35. In a letter dated April 1, 2009, DWQ notified Defendant that it was considering enforcement action against him per N.C. Gen. Stat. §§ 143-215.1, 215.1013, and 215.1 OC. Attached hereto and incorporated herein as Exhibit Defendants were informed a response must be returned to DWQ within ten(10) days from receipt of the notice and that they had sixty (60) days to submit a State Application for New or Expanding Animal Waste Operations along with supporting documents. Defendants were also made aware of potential civil penalties up to $25,OOOlday per violation of N.C. Gen. Stat. § 143-215.1. Another NOV/NOI was issued April 1, 2009 for failure to apply for a permit. 36. On May 1, 2009, DWQ's staff visited the Farm again to assess environmental impacts. The staff visually confirmed many violations. Two to eight (2 to 8) inches of sediment and waste deposited into Mary's Creek from approximately twenty-eight hundred (2,800) linear feet of severely eroded and denuded stream banks and riparian areas. 37. During the May 1, 2009 visit, DWQ's staff confirmed that at least 160 cattle had access to the Class C NSW stream. 38. During the May 1, 2009 visit, DWQ's staff observed algal growth in the stream as well as foam, sludge worms, and waste odor. 39. DWQ estimated total costs for the Farm to obtain an Animal Waste Management permit to be at least $150,000. 40. DWQ considered Defendants' failure to apply for a Permit to have been "committed willful and intentional" because Defendants acknowledged in the signed and submitted "Request for Removal of Registration," dated October 15, 1998 and noted supra, that a Certified Animal Waste Management Plan ("CAWMP") and Permit prior to expansion was required. 41. Also, DWQ considered Defendants' stream standard violation to have been "willful and possibly intentional" because letters from DWQ and a staff document from the Alamance [County] Soil and Water Conservation District in 1998 and 1997 respectively demonstrate that Defendants had previously received technical assistance and guidance on proper measures and management techniques necessary to control run-off of waste into the stream. 42. DWQ noted that Defendants had been cooperative, readily allowed DWQ staff on the property and actively participated in the investigation. Defendants also requested technical assistance from the Alamance County Soil and Water Conservation District and participated in the April 21, May 28, and June 10, 2009 on-site reviews and evaluations. 43. DWQ sent Defendants an NOV/Notice of Intent to Enforce, dated May 15, 2009, for"Removal of Best Usage," in violation of 15A N.C.A.C. 2B .021 l(2), and for "Other Wastes Violation," in violation of 15A N.C.A.C. 2B .0211(3)(f). Attached hereto and incorporated herein as Exhibit 44. On February 16, 2010, DWQ assessed Defendants a civil penalty of nine thousand and ninety-two dollars and six cents ($9,092.06), for operating an Animal Waste Management System without a required Permit and for discharge into at least 2,800 linear feet of stream, the waters of the State. 45. Also, in a separate letter dated February 25, 2010, DWQ notified Defendants that per N.C. Gen. Stat. § 143-215.1 OC they must apply for coverage under an Animal Waste Operation General Permit and that operation of the facility must cease until the application is submitted. The unfinished application, previously sent to DWQ, was to be completed and sent to DWQ within sixty (60) days of Defendants' receipt of the February 25, 2010 letter. 46. On May 27, 2010, Defendants were notified by DWQ that the Permit application lacked a Certified Animal Waste Management Plan (CAWMP) and a waste storage pond design, both of which are required in a completed application. Defendants did not respond to this request. 47. On February 16, 2011, Defendants were reminded by DWQ that the application for an Animal Waste Operation General Permit had been returned as "incomplete." The letter acknowledged receipt of Defendants' February 15, 2011 final payment of seven hundred and fifty-seven dollars and sixty-seven cents ($757.67), and declared the penalty "paid in full" but reminded Defendants that the penalty's payment did not preclude further state action for violations of the State's environmental laws. Attached hereto and incorporated herein as Exhibit 48. On June 16, 2011, a second NOV was sent to Defendants for operating without a Permit. Attached hereto and incorporated herein as Exhibit 49. On April 24, 2012, DWQ staff inspected the Farm and observed that animal waste continued to discharge from the concrete cattle lot and flowed downhill into Mary's Creek. 50. During the April 24, 2012 site visit, DWQ staff confirmed that at least 225 head of cattle were confined in various stalls, dry packs and barns. 51. During the April 24, 2012 site visit, an inspection of on-site records showed that, as of March, 2012, the farm's milking herd numbered two hundred fifteen (215) head of cattle, while the total number was three hundred (300) and exceeded one hundred (100) head of cattle since 2006, in violation of N.C. Gen. Stat. § 143-215.1 OC(a). 52. In response to the April 24, 2012 site visit, DWQ sent Defendants an NOW Notice of Intent to Enforce, dated April 27, 2012. The NOW Notice of Intent to Enforce reminded Defendants of the June, 2011 NOV/Notice of Intent to Enforce referenced supra and notifred Defendant that to date DWQ had not received a written response regarding neither the Permit application nor the cattle herd size. 53 DWQ's April 27, 2012 letter notified Defendants of the above violations confirmed by the April 24, 2012 site visit. This letter reiterated the following: that Defendants were in violation of N.C. Gen. Stat. §§ 143-215.1(a), 215.10B and 215.10C; that Defendants should respond within ten (10) days of receipt; and that Defendants could be penalized up to $25,000 per day per violation along with potential criminal penalties for violating State environmental laws and regulations. Attached hereto and incorporated herein as Exhibit 54. In a letter dated May 14, 2012, Defendants responded to DWQ to "clarify observation #1" [regarding discharges from cattle lot], to update DWQ on progress "made towards facility construction that is part of the plan that will be submitted with an updated permit application," to give an anticipated time for submitting an updated application, and to inform DWQ of extenuating circumstances affecting his facility's construction efforts and application submissions. 55. As of July 31, 2012, Defendants lack a permanent structure to store waste water from the milking parlor and DWQ believes the Farm will continue to illegally discharge. 56. As of July 31, 2012, Defendants have not secured a CAWMP, as required by N.C. Gen. Stat. § 143-215.10C. 57. As of July 31, 2012, Defendants have failed to submit a complete application for a Permit and continued operations are in violation of N.C. Gen. Stat. § 143-215.1OC(a). CLAIMS FOR RELIEF 60. The allegations contained in paragraphs 1 through 57 are incorporated into these claims for relief as if fully set forth herein. 61. The continued operation of Defendants' animal waste system without an adequate and valid CAWMP which includes a permanent structure to store waste water from the milk parlor will result in continued illegal discharges into the waters of the State. A permanent structure to store the milking parlor's waste water must be constructed, and Defendants, per N.C. Gen. Stat. § 143-215.10C, must complete an application for a Permit' in order to continue the operation of Defendants' confined cattle facility. PRAYER FOR RELIEF 1 If Defendants Permanently Reduce the herd size to less than 100 head of confined cattle a Permit would NOT be required. With or without a Permit there can be no discharge to the waters of the State. (Emphasis Added) WHERFORE, the Plaintiff, State of North Carolina, prays that the Court grant to it the following relief: 1. That the Court accepts this verified complaint as an affidavit upon which to base all orders of the Court. 2. That the Court enters a preliminary injunction order without notice or hearing requiring the following: a. That within no more than 30 days of the effective date of the order, the Defendants shall submit to DWQ's Central Office, for its approval, a complete application for a Permit in order to maintain his operation containing more than one hundred (100) confined cattle, as required by N.C. Gen. Stat. § 143-215.1 OC(c). b. That within 30 days of the effective date of the order, the Defendants shall secure a valid CAWMP as required by N.C. Gen. Stat. § 143-215.1 OC (e); or shall permanently reduce the herd size to less than 100 head of confined cattle until'such time as a valid permit has been issued. C. That within 90 days of the effective date of the order, Defendants shall construct a permanent structure to store the milking parlor's waste water, and control run-off of waste from the lot, consistent with the CAWMP, so as to discontinue illegal discharging into Class C,NSW waters. Respectfully submitted, this the day of August, 2012. ROY COOPER Attorney General By Anita LeVeaux Assistant Attorney General N.C. Department of Justice Environmental Division Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6400 phone (919) 716-6750 facsimile aleveaux@nccloj.gov STATE OF NORTH CAROLINA VERIFICATION COUNTY OF ALAMANCE Melissa Rosebrock, first being duly sworn, deposes and says that she is an Environmental Specialist with the Winston-Salem Regional Office of the Division of Water Quality in the North Carolina Department of Environment and Natural Resources; that she has read the foregoing Verified Complaint and Motion, and that she is acquainted with the facts and circumstances alleged therein; and believes them to be true. Melissa Rosebrock, Environmental Specialist DWQ - Winston Salem Regional Office Subscribed and sworn to before me this the day of , 2012. Notary Public My Commission Expires: (SEAL) VERIFICATION COUNTY OF WAKE Keith Larick, first being duly sworn, deposes and says that he is the Supervisor of the Animal Feeding Operations Unit of the Aquifer Protection Section of the Division of Water Quality in the North Carolina Department of Environment and Natural Resources; that he has read the foregoing Verified Complaint and Motion, and that he is acquainted with the facts and circumstances alleged therein; and believes them to be true. Keith Larick, Supervisor Animal Feeding Operations Unit Aquifer Protection Section, Subscribed and sworn to before me This the day of , 2012. Notary Public My Commission Expires: (SEAL) ` • • STATE OF NORTH CAROLINA VERIFICATION COUNTY OF ALAMANCE Melissa Rosebrock, first being duly sworn, deposes and says that she is an Environmental Specialist with the Winston-Salem Regional Office of the Division of Water Quality in the North Carolina Department of Environment and Natural Resources; that she has read the foregoing Verified Complaint and Motion, and that she is acquainted with the facts and circumstances alleged therein; and believes them to be true. Mel sa Rosebrock,Environmental Specialist DWQ - Winston Salem Regional Office Subscribed and sworn to before me this the LLL day of�_, 2012. Lffotary Public My Commission Expires.(-T)L-, 7 2n l,S {SEAL) LESA L. HAUSER Notary Public-North Carolina Davidson County STATE OF NORTH CAROLINA VERIFICATION COUNTY OF ALAMANCE Melissa Rosebrock, first being duly sworn, deposes and says that she is an Environmental Specialist with the Winston-Salem Regional Office of the Division of Water Quality in the North Carolina Department of Environment and Natural Resources; that she has read the foregoing Verified Complaint and Motion, and that she is acquainted with the facts and circumstances alleged therein; and believes them to be true. AMel sa Rosebrock, Environmental Specialist DWQ - Winston Salem Regional Office Subscribed and sworn to before me this the LLL_ day of 12012. 4'Ar- Y, 14y-�U� otary Public My Commission Expires.( 7 2-013 � y (SEAL) LESA L. HAUSER Notary Public-North Carolina Davidson County Af €t CDENR Nod C/arolina Department of Environment and NAll-al Resources Division of V1later Quality _Pl-ved ' r3ves li_-�'3rdue ��i13rI�C `arak'l� E. . $E Crc .n{�� 1 ,u, � an �1 error Di,edor 4acr ��r1 April 27, 2012 CERTIFIED MAIL# 7008 1300 0001 1938 6908 RETURN RECEIPT REQUESTED Mr. Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Hwy. Snow Camp,NC 27349 SUBJECT: Notice of Violation/Notice of Intent to Enforce North Carolina General Statute Violations NOV-2012-DV-0096 Facility#01-10, Permit Number AWD010010 Alamance County Dear Mr. Woody: On April 24, 2012 Ms. Melissa Rosebrock performed an unanaou.nced follow-up visit at Triple W Farms. This visit was the result of the violation described in a June 2011 Notice of Violation/Notice of Intent to Enforce (NOV/N01) letter sent from the Division of Water Quality's (DWQ)Central office in Raleigh. Recall that the June 2011 NOV/NOI advised you of your continued violation of North Carolina General Statute (NCGS) 143-215.10C which requires all animal operations with more than 100 confined cattle to obtain permit coverage. You were to submit a complete permit application or permanently reduce the number of confined cattle at Triple W Farms to less than 100 and to submit a written response to our office. To date, the Division has not received a written response regarding the cattle herd size, nor a complete Cattle Waste Management System Permit Application. A partial application was submitted in 2010, but was returned to you as incomplete after required additional information was not submitted. Two violations were observed during Ms. Rosebrock's visit of April 24. 2012: 1) Animal waste was illegally discharging from the concrete cattle lot and flowing downhill into Mary's Creek (Class C,NSW). l'�Ii13i0,­c3�11, 27 jt}' . t�.��i CI1.13 r u H. Woody •r April 27,2012 Page 2 of 3 2)At least 225 dairy animals were documented to be in varickus stalls, dry packs, barns, etc. on April 24,2012. On-site stocking records indicate that the milking herd numbered 215 last month while the total herd size was 300. On-site milk production records also suggest that the number of dairy cattle at Triple W Farms has been above the 100-confined cattle threshold since at least January 2012. Violations and Corrective Actions 1) The unpermitted discharge cited above violates NC General Statute (NCGS) 143- 215.l(a) which reads "Activities for Which Permits Required.—No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) Make any outlets into the waters of the State." It is our understanding that you are going to temporarily exclude animal waste from the stream by constructing one or two earthen dams. It is our expectation that you have also begun work towards a permanent solution to the discharge. 2) Maintaining more than 100 confined cattle violates NCGS 143-215.1013 and 143- 215.10C, which state that any agricultural farming activity involving 100 or more confined cattle is considered an "animal operation" which requires application for coverage under a Cattle Waste Management System General Permit. You must submit the attached "State Application for New or Expanding Animal Waste Operations" and all supporting documentation. Please note that the application is to be completed using information from a Certified Animal Waste Management Plan (CAWMP). Once the application has been completed and signed, the original and two copies of the application must be returned (along with three copies of the entire CAWMP)to: North Carolina Division of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh,NC 27699-1636 Written Response This office is considering an enforcement action against Triple W Farms for the above referenced violations. If you wish to present an explanation for the violations, 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. Our office will review your response, and if an enforcement action is still deemed appropriate, will forward your response to the Director, for consideration. Your written response should be sent to my attention at the address shown on the letterhead. H. Woody April 27, 2012 • Page 3 of 3 Please be advised that in addition to a recommendation for a civil penalty assessment, the Division is considering further actions, including an injunction to require that the number of confined cattle be decreased to less than 100 until a permit is obtained. Additionally, be aware that NCGS provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have questions concerning this Notice,please contact Melissa Rosebrocic or me at(336) 771-5000. Sincerely, Sherri V.Knight, P.E. Regional Supervisor Aquifer Protection Section cc: APS Animal Feeding Operations Unit Alamance County NRCS tWSRO Facility-Files COMPLETE ■ Complete Items f,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery is desired. x ❑Agerrt ■ Print your name and address on the reverse ❑Addressee so that we can return the card to y0u. B. Received by(WnW►vane) C. Data of Delivery ■ Attach this card to the back of the mailpiece, or on the front If space permits. .L 1. Article Addressed to: D. Is delivery address dtl fro feren m item 1? ❑yes R YES,enter delivery address below: ❑No Mr. Harold Woody ' Triple W Farms 3545 East Greensboro-Chapel Hill Hwy 3. Se iceiype ' Snow Camp, NC 27349 toentfled Mail ❑Express Mall ❑Registered ❑Return Receipt for.Merchandise -- — ----_ ----— �._ ❑ Insured Mali ❑C.O.D. 4. Restricted Delivery?(Extra F69) 0-yes 2. _._7008 1300 0001 1938 6908 PS Form 3811,February 2004 Domestic Return Receipt S-09_Q 102595-M-M-1540 A k • Triple W Farms, Inc 3545 East Greensboro Chapel Hill Road �ECF'VE: Snow Camp, NC 27349 ++.c.peat. EN MAY f 5'2012 �nstan•�aterr May 14, 2012 �+nicna!p ,Ce Ms. Sherri V. Knight, P.E. Regional Supervisor Aquifer Protection Section North Carolina Department of Environment and Natural Resources Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Written Response to Notice of Violation Notice of Intent to Enforce Received on May$ 2012 Dear Ms. Knight: I appreciate the opportunity to provide a response to your letter dated April 27, 2012, which I received on May $, 2012. In summary, I wish to provide additional information addressing items i) through iv) below and hope that the Division of Water Quality will provide me with a period of time during which to obtain permit coverage without pursuing enforcement actions. i) clarify observation #1 (discharge from cattle lot) outlined in your letter and demonstrate the actions Triple W Farms ("TWF") has taken to mitigate observation #1, ii) update you on progress TWF has made towards facility construction that is part of the plan that will be submitted with an updated permit application, Hi) provide you with an anticipated time frame for submission of an updated application and iv) provide you with additional information related to extenuating circumstances which have impacted construction and submission of an updated application. i) Observation #1 outlined in your letter states that "Animal waste was illegally discharging from the concrete cattle lot and flowing downhill into Mary's Creek.". Enclosed as Exhibit 1 are pictures of the area Ms. Rosebrock observed during her visit. Since completion of the barn described below, the majority of the cattle have been housed in the new barn and thus the area Ms. Rosebrock observed is used minimally and any rainwater flowing from the area has little exposure to manure. Nevertheless, in order to mitigate the discharge concern you have observed, we have built a temporary earthen dam to stop the lot water from entering the stream. See enclosed picture of the temporary earthen dam. Mr. Larry Graham is designing more structures to permanently control all lot run off. r ii)TWF has been working with Mr. Larry Graham, P.E., of Environmental Engineering Services, since January 2010 on development of a complete application in order for TWF to obtain permit coverage. In April 2010 TWF sold fifty cows to make it possible to construct a 102 foot by 317 foot barn (32,334 sq ft). Construction of this barn took all of 2010 to complete. This barn covers a 200 foot feed bunk and provides for added manure storage in the form of a pack barn. This was the initial phase of TWF's plan to control the run off from our cattle feeding operation. This barn significantly reduced the time per day the cows spend on the area of the lot where rainwater control has yet to be implemented. In April 2011,TWF started and completed a manure storage pit at the end of the feed bunk, designed by Mr. Graham. This effort has put TWF closer to controlling all water from our cattle feeding operation. Please see enclosed pictures of the new barn and manure storage facility. iii) As mentioned above, we are working with Mr. Larry Graham on various aspects of the plan to control all water from our cattle feeding operation. We will update the partial application sent to you in 2010. We are working in an expedited manner to submit an updated application. As part of the process of updating the application, I would like to schedule a time to discuss by phone the outstanding information needed for the application. iv) During 2010 and 2011 my father George S. Woody, who was born and lived on this farm his entire life, suffered various ailments including a knee injury which led to surgery and an extended stay in a rehabilitation center in Burlington, North Carolina. I spent a considerable amount of time caring for my father including taking him to doctor visits, grocery shopping and time spent at the rehabilitation center/nursing home. He passed away April 3, 2012. The time spent caring for my father impacted the speed at which I have been able to implement the complete plan to control all water from the cattle feeding operation. In conclusion, I want you to know that I take compliance with North Carolina environmental statutes seriously and have been working diligently (even before the June 2011 letter as evidenced by the construction of the barn described above during 2010) to complete the necessary construction and permitting in order to be ir: a position to grow Triple W Farms in compliance with North Carolina statutes. I appreciate your consideration of the circumstances and hope that the Division of Water Quality will provide me with a period of time during which to complete the process already begun and to obtain permit coverage without pursuing enforcement actions so that North Carolina will continue to have family farms that contribute to the economic vitality of the state. Sincerely, a Harold Woody Triple W. Farms Rosebrock, Melissa From: Joshi, J.R. Sent: Tuesday, April 17, 2012 1:54 PM To: Rosebrock, Melissa Cc: Larick, Keith Subject: Woody and Welch NOVs Attachments: WSRO.pdf Melissa, Attached please find copies of the NOV/NOls for the Woody and Welch farms in your region. Both were given an option to either apply for permit with complete application with supporting documentation or drop permanently below threshold animal numbers. Woody letter went out on June 16, 2011 and Welch letter on December 15, 2011. 1 have a green card for Welch but not for Woody. However, we did receive a manure storage pit design from Larry Graham on behalf of Mr. Wood on August 2, 2011. Nothing else was received from either one of them since. In order for us to go ahead with further process and stay current with the status of these cases, Keith and I thought maybe you can do fresh site visits to these places to confirm/verify that they have not gone below threshold permanently.We will then follow-up with another NOI with a shorter deadline. Please call if we need to discuss this further.Thanks. ,�.R Joshi NC-DENR Division of Water Quality Animal Feeding Operations Unit 1636 Mail Service Center, Raleigh, NC 27699-1636 Phone: (919) 807-6341, Fax: (919) 807-6496 DISCLAIMER:E-mails sent to and from this account are subject to the N.C. Public Records Law. 1 Rosebrock, Melissa From: Joshi, J.R. Sent: Tuesday, April 17, 2012 1:54 PM To: Rosebrock, Melissa Cc: Larick, Keith Subject: Woody and Welch NOVs Attachments: WSRO.pdf Melissa, Attached please find copies of the NOV/NOls for the Woody and Welch farms in your region. Both were given an option to either apply for permit with complete application with supporting documentation or drop permanently below threshold animal numbers. Woody letter went out on June 16, 2011 and Welch letter on December 15, 2011. 1 have a green card for Welch but not for Woody. However, we did receive a manure storage pit design from Larry Graham on behalf of Mr. Wood on August 2, 2011. Nothing else was received from either one of them since. In order for us to go ahead with further process and stay current with the status of these cases, Keith and I thought maybe you can do fresh site visits to these places to confirm/verify that they have not gone below threshold permanently. We will then follow-up with another N01 with a shorter deadline. Please call if we need to discuss this further.Thanks. 1 W,Joshi NC-DENR Division of Water Quality Animal Feeding Operations Unit 1636 Mail Service Center, Raleigh, NC 27699-1636 Phone: (919) 807-6341, Fax: (919) 807-6496 DISCLAIMER:E-mails sent to and from this account are subject to the N.C. Public Records Law. 1 CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 16, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT#i 7010 0780 00017057 5648 Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Hwy Snow Camp,NC 27349 SUBJECT: Notice of Violation/Notice of intent to Enforce NOV-2011-OP-0013 Triple W Farms Farm # 01-0010 Alamance County Dear Mr. Woody: On May 27, 2010 the permit application for your Cattle Waste Management System was returned as incomplete, in accordance with the 15A NCAC 2T .0107(b). You have been notified of the permit requirement for your farm several times, including the civil penalty assessment of February 16, 2010, and the recent letter dated February 16, 2011. As you are aware, permit coverage is required for all animal operations with 100 of more confined cattle. Violation 1: As a result of the above mentioned items,you are in continuing violation of N.C. General Statute 143- 215.10C,which requires all animal operations with more than 100 confined cattle to obtain permit coverage. Required Corrective Action for Violation 1: This violation must be corrected within 30 days of receipt of this letter.. This violation can be corrected in one of two ways: Qption 1: Submit a complete permit application to my attention at the address at the bottom of this page, Please refer to Page 2 of 5 of the permit application for a list of required items. A blank permit application is attached to this Notice. Submittal of an incomplete permit application will not correct this violation. AQUIFER.PROTECTION SECTION 1636 Mail Service Center,Raleigh,North Carolina 27%9-1636 Location:272E Capital Boulevard.Raleigh.North Carolina 27604 One Phone:919-733-3221 t FAX 1:919-715.05U:FAX 2:919 715-60481 Customer Service:1-8r7.623,674b ����-t���dr0�lII& Internet:www.nmetenJuawg q An Eoual Gppartumly',Ath MM3 Rcunis Empfave Mr.Harold Woody June 13,2011 } Page 2 of 2 Option 2: Permanently reduce the number of confined cattle at your farm to less than 100. As stated above,N.C. General Statute 143-215.1OC requires permit coverage of all animal operations with more than 100 confined cattle. If you reduce the number of cattle to less than 100,you will no longer be subject to the permit requirement as long as the number of confined cattle remains below an annual average of 100 head. You are required to take necessary action to correct the above noted violation,and submit a written response to this Notice with 30 days of receipt of this letter. Please include in your response all corrective actions taken and a schedule for completion of any corrective actions already taken. As a result of the violations in this Notice, this office is considering recommendation of 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 30 days of 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. Please be advised that Operation of your facility without coverage under a.valid general permit constitutes a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions,please call me at(919) 715-6697. Since/el`y,, ,. �"viz: - Keith Larick, Supervisor Animal Feeding Operations Unit cc: Melissa Rosebrock-Winston Salem Regional Office APS Central Files (AWC010010) Alamance County Soil and Water Conservation District Joe Briscoe-Winston Salem Regional Office ��-' �A& NC®ENR s North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen 1-i, Sullins Dee Freeman Governor Director Secretary February 16, 2011 j RECEIVED I[ N.C.Dept of ENR CERTIFIED MAIL 7007 0220 0003 0155 7955 RETURN RECEIPT REQUESTED � FEB 17 2011 ! Winston-salcm Harold Woody _- Regional office Triple W Farms 3545 East Greensboro-Chapel Hill Hwy Snow Camp,NC 27349 SUBJECT: Payment Schedule for Civil Penalty Case OP-2009-0010 Farm# 10-0010 Alamance County Dear Mr. Woody: This letter is to acknowledge receipt of your Check Number 1454 in the amount of$757.67 on February 15, 2011. The penalty has been considered paid in full. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. 1 would also like to remind you that your permit application was returned on May 27, 2010 as incomplete, in accordance with the 15A NCAC 2T .0107(b), A copy of the certified letter pertaining to the status of your permit application is attached. Please make the appropriate corrections and resubmit the permit application within 30 days of the receipt of this letter The review process will then begin upon receipt of the completed application. Please refer to Page of 2 of 5 of the pernut application for a list of required items. A complete list of the items and forms can also be found in the Interagency Guidance Document at: http:/,fw,.i,w.eiii-.state.nc.us/DSWC/patyes/-,tiidance docs.htnil Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, sealed and dated,with two 2) copies submitted to the attention of Mr. J. R. Joshi,at the address below. Please be advised that Operation of your facility without coverage under a valid general perrrn it would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to S25,000 per day. ]f you have any questions,please call me at(919) 715-6185. Sincerely, Larry<r`Wade PE Aninnal Feeding Operations Unit cc: Aquifer Protection Section-Winston Salem Regional Office File#OP-2009-0010 APS Central Files (AWC010010) AOJiFER PROTECTION SECTION 1536 Mail Service Cenler,Raleigh,Nortl'i Carolina 27699-1636 Location:2728 Capital Boulevard,Raleigh,North Carolina 27604 One Phone:919-733-3221 1 FAX i s 919-715-0588;FAX 2:919-715-30451 Customer Service:1-877-623-6748 Noh�hCahofina In[emet:www.ncwaterguality.org An Equal pgpn,�:uiihr 5 Aff,•mative Aciicn 6npbyzr Natimally � A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 27, 2010 CERTIFIED MAIL 7002 2410 0003 0273 8681 rtecc'!4T-D -`- i RETURN RECEIPT REQUESTED I M.C.Dep..of ENR MAY 2 8 2010 Mr. Harold Woody 1Ninstan•Saleni Triple W. Farms Regional nfrcE 3545 East Greensboro-Chapel Hill Hwy Snow Camp,NC 27349 Subject: Return of Incomplete Application Package Application No. AWC010010 Triple W. Farms Alamance County Dear Mr. Woody: On April 26, 2010, the Division of Water Quality received your application for the coverage under State General permit for Existing Animal Waste Operations. A preliminary review of the permit application shows the following required items missing in the application package: I. Permit Application: many items on the main permit application (such as Item 1.9, 2.4, 3.1, 3.2, 3.3, and 6.) were left blank and need to be completed. Please be sure to check each item, fill in the information or write NIA (not applicable). 2. Animal Waste Plan Management Plan Certification (AWMPC): Many portions of the AWMPC form were incomplete and need to be completed and certified by technical specialists with appropriate designations. 3. Available Storage Capaci : The original design documents for the waste storage pond are missing in this application package. Please provide a copy of the design or as-built specifications of your storage pond to verify the available storage capacity. 4. Phosphorus Evaluation: The current Cattle General Permit requires all new and expanding facilities located in watersheds sensitive to nutrient enrichment to provide a completed phosphorous loss assessment (PLAT) to determine if the facility can comply with the NRCS phosphorus standards. Such assessment report is missing in your permit package. Please provide the required assessment for all fields to be used for the land application of animal waste from this facility. 5. Other documents: An emergency action plan (EAP) for the facility and an Operation and Maintenance Plan(O& M Plan)for the waste storage and handling system. AQUIFER PROTECTION SECTION 1636 Mail Service Center,Raleigh,North Carolina 27699-1636 Location:2728 Capital Boulevard,Raleigh,North Carolina 27604 One 1 Phone:919-733-3221 1 FAX 1;919-715-0588;FAX 2:919-715-6048 1 Customer Service:1-877.623.6748 NorthCafOIIIla Itttemet:www.ncwaterauaiiiv.org i An Equal Opportunity 1 A1t'irmative Action Employer �atu�al�� Your application is being returned as incomplete, in accordance with the 15A NCAC 2T .0107(b). The success of the animal waste permitting process depends upon the receipt of complete and accurate applications. Please make the appropriate corrections and resubmit the application. The review process will then begin upon receipt of the completed application. Please refer to Page of 2 of 5 of the permit application for a list of required items. A complete list of the items and forms can also be found in the Interagency Guidance Document at; http://www.enr.state.ne.us/DSWC/pages/ ug idance docs.html Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, sealed and dated, with two (2) copies submitted to my attention at the address below. Please be advised that Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any question regarding this letter, please feel free to contact me at(919)715-6698. Sincerely, J. R.Joshi Aquifer Protection Section cc: Alamance County Soil and Water Conservation District Melissa Rosebrock, Winston-Salem Regional Office,Aquifer Protection Section Hal Langenbach, Ari-Waste Technology, 5400 Etta Burke Ct, Suite 200, Raleigh, NC 27606 AFO Unit Central Files(Facility No. 0 1-10) CDENR North Carolina Department of Environment and Natural Resources Division of Water Qualiiy Beverly Eaves Perdue Coieen H. Suliins RECEIVEC Dee Freeman Govemor Director N.C.Dent.of FNR Secretary MAR 0 2 2010 February25, 2010 Winston-Salem Reg#onal Office CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT# 7003 1010 0001 2611 4797 Mr. Harold Woody Triple VA'Farms 3545 East Greensboro-Chapel Hill Highway Snow Camp,NC 27349 RE: Permit application for Triple W Farms Facility#01-10 Alamance County Dear Mr. Woody: You are hereby notified that Triple W Farms, in accordance with G.S. 143-215.10C.must apply for coverage under an Animal Waste Operation;Geieral,Permit. Upon receipt of this letter,your facility has sixty(60) days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SAALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty(60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information on file. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 AQUIFER PROTECTION SECTION 1636 Mail Service Center,Raleigh,Nonh Carolina 27699-163E Cone Not thoplil a i ocadom 2728 Capital Boulevard,Raieion,Norm Caroiina 2760� e tarn Phone:919-733-3221 1 FAX 1:919-715-0588:FAX 2:919-715-60481 Customer Service:1-877-6213-674E fnternEt www.ncwaiergualitv.orq Ain EQUia!CIovaninuv 4 thirtnauve P.cuori employer Harold Woody February 25, 2010 .' Page 2 If you have any questions concerning this letter,please call me at (919) 715-6697 or Melissa Rosebrock of the Winston-Salem Regional Office at(336) 771-5000. Sincerely,, Keith Larick Animal Feeding Operations Unit cc: Permit File(w/o encl.) Winston-Salem Regional Office(w/o encl.) NCB NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 15, 2009 CERTIFIED MAIL 7004 2510 0002 2066 9972 RETURN RECEIPT REQUESTED Mr. Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Highway Snow Camp, NC 27349 SUBJECT: Notice of Violation I Notice of Intent to Enforce NOV-2009-SS-0021 "Removal of Best Usage" and "Other Wastes' Stream Standard Violations Farm #01-10, Permit Number AWD010010 Alamance County Dear Mr. Woody: On May 1, 2009 Ms. Melissa Rosebrock from the Division of Water Quality (DWQ) Winston-Salem Regional Office (WSRO) performed an announced follow-up inspection at Triple W Farms. On the date of this inspection, Staff observed sludge worms, foam, waste odor, and waste and/or sediment solids in several on-farm segments of an unnamed tributary to Mary's Creek.-Sediment and waste was 2-8 inches deep in Mary's Creek due to severe stream bank erosion and denuded riparian.buffer caused by excessive cattle traffic in approximately 2,800 linear feet of steam. The following stream standard violations were documented: (1) Removal of Best Usage - The stream impacts noted above conslilute a violation of 15A NCAC 2B •0211 (2), which states: "The waters shalt be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, and secondary recreation, and agriculture. Sources of water pollution which preclude any of these uses on either a short-term or long-term basis will be considered to be violating a water quality standard." (2) Other Wastes Violation - The deposition of solids to surface waters is a violation of 15A NCAC 2B .0211(3)(f) which states: "Oils; deleterious substances; colored or other wastes; only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the wafers for any designated uses," These violations are of particular interest since the affected sections of Mary's Creek are classified as class C NSW waters of the State. Nutrient sensitive waters (NSW) are to be controlled for the magnitude, duration, and frequency of excessive growths of microscopic or macroscopic vegetation due to nutrients such as phosphorous or nitrogen. Winston-Salem Regional Office 585 waughtown Street Winston-Salem,NC 27107 Phone:336-771-A'101 FAX7 335-771-4631 1Customer Service:1.877-623.6748 �pP. Internet vvUvw..grw9terquality.org NohCaro ina �1� r,r FQual�,�Crturil7'•PHirrr-m❑e h-,Inn.F;�ployw trturallil Woody— NOVINOI May 15, 2009 Page 2 The cattle must be excluded from surface waters and the run-off of sediment and animal waste controlled, at minimum. We urge your continued cooperation with the Alamance County Soil and Water . Conservation ' District/Natural Resources Conservation Service regarding additional animal waste management measures that may be necessary. It is our understanding that they are to visit your farm again on or around May 28, 2009 to provide technical assistance. This office is considering an enforcement action against Triple W Farms for the above referenced violations. If you have justification that these violations were caused by circumstances beyond your control, or have an explanation that you wish to present, please respond in writing within thirty (30) days following receipt of this notice. Your response should be sent to my attention at the address shown on the letterhead. The WSRO will review your response and forward it to the Director, along with the enforcement package, for consideration. If you have any questions concerning this Notice please contact me, or.Ms. Melissa Rosebrock, al (336) 771-5000. Sincerely, Sherri V. Knight, P.E.' Regional Supervisor, Aquifer Protection Section cc: APS-Animal Feeding Operations Unit Alamance County SWCDINRCS f:WSRO APS Fiies Winston-Salem Regional Office 585 Waughtown Street Winston-Salem,NC 27107 Pane:336-771-5GW 4 FAX:336-771-4631 1 CuSWer Service:1-877-623-6748 One Internet:tiw+w.ncwaterqualO.org North Carohn a An Equal Opperturity!Affirmalive Action Employer AgNI Nll1/ - • i Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 010010 Facility Status: Inactive Permit: AWD010010 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Follow-up County: Alamance Region: Aston-Salem Date of Visit: 05/01/2009 Entry Time:09:40 AM Exit Time: 11:40 AM Incident#: Farm Name: Triple W Farms Owner Email: hwoody273Qbellsouth Owner: Harotd Woody Phone: 336-213-8644 Mailing Address: 3545 E Greensboro Rd Snow Camp NC 27349 Physical Address: 3545 E Greensboro-Chapel Hill Hwv Snow Camp NC 27349 Facility Status: ❑ Compliant 0 Not Compliant Integrator: Location of Farm: Latitude: ,3,5'54'15" Longitude: 79°17'60" Take 87 south 13 miles to DauIs Exxon-turn right-go 112 miles to farm on right. Question Areas: Dischrge&Stream Impacts Waste Col, Stor, &Treat Waste Application Other issues Certified Operator: Operator Certification Number: Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Harold Woody Phone: 336-213-8644 On-site representative Harold Woody Phone: 336-213-8644 Primary Inspector: Melissa Rosel?rock Phone: f Inspector Signature: Date: Q S�C) Secondary Inspector(s): Page: 1 Permit: AWD010010 Owner-Facility: Harold Woody Facility Number: 010010 Inspection Date: 05/01/2009 Inspection Type: Compliance Inspection Reason for Visit: Follow-up Inspection Summary: 1_The discharge of animal waste was observed from a leak in the pipe carrying waste from the parlor to the concrete pit.The pipe needs to be repaired immediately.Waste from the discharge had not yet reached surface waters. 3. Red sludge worms,foam,waste odor,and waste/sediment solids were observed in various streams around the farm.Sediment and waste was 2-8 inches deep in most places due to stream bank erosion caused by excessive cattle traffic in and around the streams and denuded pastures. 6. Concrete parlor waste pit and blue"Harvestore"tank need to be addressed in a CAWMP if they are to be used.Concrete pit has about 2.5 days of storage per Mr.Woody. He uses a 3000 or 3500 gallon(he wasn't certain which)honey wagon with which to apply the waste from the concrete pit. He is applying waste to Johnson grassidrilled sorghum fields that will be chopped for silage in August. He applies waste to annual rye in the winter which is then harvested for silage in the late spring.Mr.Woody gives animal waste to Stephen Israel(sp.?)for a hay crop and then buys hay and shell corn from Mr. Israel and others. 7. &9.The blue tank will need to be retrofitted with a new pipe to carry lot waste from the existing junction box into the tank.Junction box will need to be cleaned out as well.Several feet of guttering will be needed to divert rainwater from lot.Several linear feet of berm will be needed to contain waste to the lot. 10.Fields to be utilized for application will need to have buffers established. 28.Facility is maintaining more than 100 cattle(threshold limit)and has failed to apply for or obtain the required permit.Approximately 160 dairy cattle were onsite today. 33. DWQ will need to inspect this facility for compliance again after CAWMP is implemented and cattle are excluded from streams. DWQ will send Mr.Woody a copy of this inspection as well as a copy of the 2/26109 inspection by email to: hwoody273@bellsouth.net Page: 2 Permit: AWD010010 Owner-Facility: Harold Woody Facility Number: 010010 Inspection Date: 05/01/2009 Inspection Type: Compliance Inspection Reason for Visit. Follow-up Regulated Operations Design Capacity Current Population Cattle Q Cattle-Milk Cow 250 160 Total Design Capacity: 250 Total SSLW: 350,000 Waste Structures Designed Observed Type Identifier Closed Date Start Date Freeboard Freeboard Dry Stack NEW CONCRETE aste Pit PIT BEHIND MILK BARN 36.00 Page: 3 Permit: AWD010010 Owner-Facility: Harold Woody Facility Number: 01001 D Inspection Date: 05/01/2009 Inspection Type: Compliance Inspection Reason for Visit: Follow-up Discharges &Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ■ ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ■ a.Was conveyance man-made? ■ ❑ ❑ ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ ■ ❑ ❑ c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system?Of yes,notify DWQ) ■ ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ■ ❑ ❑ 3.Were there any adverse impacts or potential adverse impacts to Waters of the Stale other than from a ■ ❑ ❑ ❑ discharge? Waste Collection, Storage&Treatment Yes No NA NE 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(I.e./large trees,severe ❑ ❑ ❑ ■ erosion, seepage, etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a waste management ■ ❑ ❑ ❑ or closure plan? 7. Do any of the structures need maintenance or improvement? ■ ❑ ❑ ❑ 8. 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 maintenance or ■ ❑ ❑ ❑ improvement? Waste Application Yes No NA NE 10.Are there any required buffers,setbacks,or compliance alternatives that need maintenance or ■ ❑ ❑ ❑ improvement? 11, Is there evidence of incorrect application? 1100 ■ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn, etc)? ❑ Page: 4 Permit: AWD010010 Owner-Facility. Harold Woody Facility Number: 010010 Inspection Date: 05/01/2009 Inspection Type: Compliance Inspection Reason for Visit: Follow-up Waste Application Yes No NA NE PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total P205? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Crop Type 1 Sorghum,Sudex (Silage) Crop Type 2 Summer Annual Crop Type 3 Small Grain(Wheat, Barley,Oats) Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14.Do the receiving crops differ from those designated in the Certified Animal Waste Management ❑ ❑ ❑ ■ Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ❑ ❑ ■ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ ❑ ❑ ■ 17, Does the facility lack adequate acreage for land application? ❑ ❑ ❑ ■ 18. Is there a lack of properly operating waste application equipment? ❑ ❑ ❑ ■ Other Issues Yes No NA NE 28.Were any additional problems noted which cause non-compliance of the Permit or CAWMP? 0110 ❑ 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ IN ❑ ❑ mortality rates that exceed normal rates? Page: 5 Permit: AWD010010 Owner-Facility; Harold Woody Facility Number: 010010 Inspection Date: 05/01/2009 Inspection Type: Compliance Inspection Reason for Visit: Follow-up Other Issues Yes No NA NE 30.At the time of the inspection did the facility pose an air quality concern? if yes,contact a regional Air ❑ ■ ❑ ❑ Quality representative immediately. 31.Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ❑ ■ ❑ 32.Did Reviewer/Inspector fail to discuss reviewrnspection with on-site representative? ❑ ■ 110 33.Does facility require a follow-up visit by same agency? ■ ❑ ❑ ❑ Page: 6 Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 010010 Facility Status: Inactive Permit: AWD010010 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Complaint County: Alamance Region: Winston-Salem Date of Visit: 02126/2002 _ Entry Time: 12:00 PM Exit Time: 12:3Q PM Incident#: Farm Name: Triple W Farms Owner Email: hwoody2730bellsouth Owner: Harold Woody Phone: 336-213-8644 Mailing Address: 3545 E Greensboro Rd Snow Camp NC 27349 Physical Address: 3545 E Greensboro-Chapgl H111..HM SngV Camp NC 27349 Facility Status: ❑ Compliant 0 Not Compliant Integrator: Location of Farm: Latitude: 35*54'15" Longitude: 79°17'60" - Take 87 south 13 miles to Dauls Exxon-turn right-go 1/2 miles to farm on right. Question Areas: k Dischrge&Stream Impacts Waste Col, Stor,&Treat Waste Application Records and Documents Other Issues Certified Operator: Operator Certification Number: Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Harold Woody Phone: 336-213-8644 Primary Inspector: Meli a Rosebrvck jo"I 1A Phone: Inspector Signature: Date: o'Z vA 1� g Secondary Inspector(s): f Inspection Summary: 18. On the date of my visit the waste application equipment was broken and was being repaired. 19.Today's visit was to follow-up on an annonymous complaint alleging that this facility maintains more than 100 cattle.According to milk production records,this facility has maintained more than 100 dairy cows since 2005. 32. Mr.Woody was not on site, but I spoke with him the next day. I informed him of the 100-cow threshold level and the NOVINOI letter to be sent. 33.DWQ to perform another inspection to evaluate potential environmental concerns. Page: 1 Permit: AWD010010 Owner-Facility: Harold Woody Facility Number: 010010 Inspection Date: 02/26/2009 Inspection Type: Compliance Inspection Reason for Visit: Complaint Regulated Operations Design Capacity Current Population Cattle Q Cattle-Milk Cow 250 160 Total Design Capacity: 250 Total SSLW: 350,000 Waste Structures Designed Observed Type Identifier Closed Date Start Date Freeboard Freeboard Dry Stack NEW CONCRETE aste Pit PIT BEHIND MILK BARN 8.00 Page: 2 Permit: AWD010010 Owner-Facility: Harold Woody Facility Number: 010010 Inspection Date: 02/26/2009 Inspection Type: Compliance Inspection Reason for Visit: Complaint Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ❑ ❑ ❑ ■ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a.Was conveyance man-made? ❑ ❑ ❑ ■ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ ❑ ❑ ■ c. Estimated volume reaching surface waters? 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 adverse impacts or potential adverse impacts to Waters of the State other than from a ❑ Cl ❑ ■ discharge? Waste Collection, Storage&Treatment Yes No NA NE 4. Is storage capacity less than adequate? 1300 ■ If yes, is waste level into structural freeboard? ❑ 5.Are there any immediate threats to the integrity of any of the structures observed (Le./large trees, severe ❑ ■ ❑ ❑ erosion, seepage, etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ ❑ ❑ ■ or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ❑ ❑ ■ 8. 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 maintenance or ❑ Q ❑ ■ improvement? Waste Application Yes No NA NE 10.Are there any required buffers,setbacks, or compliance alternatives that need maintenance or ❑ ❑ ❑ ■ improvement? 11. Is there evidence of incorrect application? ❑ ■ Q Q If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn, etc)? ❑ Page: 3 Permit: AWD010010 Owner-Facility: Harold Woody Facility Number: 010010 Inspection Date: 02/26/2009 Inspection Type: Compliance Inspection Reason for Visit: Complaint Waste Application Yes No NA NE PAN? ❑ Is PAN> 10%110 lbs.? ❑ Total P205? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Crop Type 1 Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management ❑ ❑ ❑ ■ Plan(CAWMP)? 15.Does the receiving crop and/or land application site need improvement? ❑ ❑ ❑ ■ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ ❑ ❑ ■ 17. Does the facility lack adequate acreage for land,application? ❑ ❑ ❑ ■ 18. Is there a lack of properly operating waste application equipment? ■ ❑ ❑ ❑ Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ■ ❑ ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ ■ If yes, check the appropriate box below. WUP? ❑ Page: 4 Permit: AW0010010 Owner-Facility: Harold Woody Facility Number: 010010 Inspection Date: 02/26/2009 Inspection Type: Compliance Inspection Reason for Visit: Complaint Records and Documents Yes No NA NE Checklists? ❑ Design? ❑ Maps? ❑ Other? ❑ 21.Does record keeping need improvement? ❑ ❑ ❑ ■ If yes,check the appropriate box below. Waste Application? ❑ 120 Minute inspections? ❑ Weather rode? ❑ Weekly Freeboard? ❑ Transfers? ❑ Rainfall? ❑ Inspections after> 1 inch rainfall&monthly? ❑ Waste Analysis? ❑ Annual soil analysis? ❑ Crop yields? ❑ Stocking? ❑ Annual Certification Form(NPDES only)? ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ ■ 23. if selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment(NPDES only)? ❑ ❑ ■ ❑ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ ■ 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ❑ ■ ❑ 26. Did the facility fail to have an actively certified operator in charge? ❑ ❑ ❑ ■ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification? ❑ ❑ ❑ ■ Other Issues Yes No NA NE 28.Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ❑ ❑ ■ 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ❑ ❑ ■ mortality rates that exceed normal rates? 30.At the time of the inspection did the facility pose an air quality concern? If yes,contact a regional Air ❑ ■ ❑ ❑ Quality representative immediately. Page: 5 • 10 Permit: AWD010010 Owner-Facility: Harold Woody Facility Number. 010010 Inspection Date: 02126/2009 Inspection Type: Compliance Inspection Reason for Visit: Complaint Other Issues Yes No NA NE 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ❑ ❑ ■ 32. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ ■ ❑ ❑ 33. Does facility require a follow-up visit by same agency? ■ ❑ ❑ ❑ Page: 6 tlx y g Q POUNCS SOLO DAILY00 �f j ABNORMAL MfLK .+ ' vU r , onoL'z . S JAN. FED' i MAR. - t APR. MAY.: ' JUNE' 0 DULY- c1 AUG.'' -� SEPT, V l ocT... —� = Nov. DEC. A i y i r �3 Z D p N, $ " DATE v ; A POUND■ GOLD DAILY �y 0 . Q !I X aIj 'E ABNORMAL MILK 0 al c Lc ,p .4 CD ro s m : z, i > m z o z Q o. - I JAN. FEB , ' .MAR. i I".APR. I i MAY i JUNE I JULY j j AUG. j { SEPT. ' OCT. •I'� NOV.' 3I � DHC. DEHNR 2607(Revised 1197 Environmental Health Servic (1978 MILK ORD.d CODES 4 � ' O J O � (nn q 6 aC z z° DATE a di a Lo 1 Ch i i ADDRESS 1,2;�1� \v'. ► `c'1�4a OPERATOR IR 2607{Revised mmental Health S MILK ORD.d CO _J 4 O O J ' 0 0 O Z ATE s "1}04rz } 1..-2•�� 10-It7 7,0:i IRESS � i..;'' 17t1i¢.�, �' �4JaLr['� OPERATOR QQL-l�0 .F. DEHNR 2607{Revised 1l9: Environmental Heallh Servi ' (1978 MILK ORD.d CODE) J 4 Y O J h < 0 m z 0 5 z ATE a q far,. ram lS 9.r� 7 s ADDRESS OPERATOR PHONE NO. DO(-- Irz. �a 7�„Ly td LVC?��Fj vat Harold Woody Farm Page 1 of 1 Hi Melissa, Just wanted to give you an update on the Harold Woody Farm. I met with Perry Sugg— EEP Field Rep and Harold Woody at the farm on June loth. We walked all of the streams and talked about the project. Perry said he would review it and let us know if they Would be interested in it as a project. called Perry yesterday on June 24. He said his staff were still in the review process, they were interested especially if they could Get some additional stream area from neighboring farms. I told him I would check with the Wendell Woody farm directly upstream and See if they may be interested. I will be on vacation the week of the 4th, but hope to follow up on thing after that. See ya PfiiCq?gss District Conservation Adm. Alamance Soil and Water Conservation District phone:336-226-1753 ext.3 Fax:336-513-5565 mhtml:file://C:\Documents%20and%20 Setting s\MRosebrock\Local%2 Betting s\Temporary... 7/9/2009 ` -fa - off REC;=1L�t3 i K.C.peps ofltiNR APR 14 �_-- Winston-Salem f Regional i3Pfice f v '[///ter/ / . `7" NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 1, 2009 CERTIFIED MAIL 7004 2510 0002 2066 9965 RETURN RECEIPT REQUESTED Mr. Harold Woody Triple-W-Farms 3545 East Greensboro-Chapel Hill Highway Snow Camp, NC 27349 SUBJECT: Notice of Violation 1 Notice of Intent to Enforce Case Number: NOV-2009-OP-0027 Failure to Apply for a Permit Facility#01-10, Permit Number AWD010010 Alamance County Dear Mr. Woody: -On February 26, 2009 a representative from the State's Division of Water Quality (DWQ) Winston-Salem Regional Office (WSRO) investigated a complaint alleging the confinement of more than 100 cattle at Triple W Farms. On the date of our initial inspection, staff observed at least 160 cattle being maintained on a feedlot located at the above address. North Carolina General Statutes (NCGS) define a "feedlot" as: a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and either specifically designed as a confinement area in which animal waste may accumulate,or where the concentration of animals is such that an established vegetative cover cannot be maintained." Our records indicate that on October 15, 1998 you signed a "Request for Removal of Registration"form indicating that your operation was below the 100-confined cattle threshold. The form states, in part, "Any expansion to this facility would require me to apply for, and obtain a permit prior to expansion." The Division of Environmental Health's milk production records also suggest that the number of dairy cattle at Triple W Farms has been steadily increasing above the 100-confined cattle threshold since early 2006. Per NCGS 143-215.108 and 143-215.10C, any agricultural farming activity involving 100 or more confined cattle is considered � an "animal operaation" requirinlp� application for coverage under a /ante Waste Management System Gen -ef-m 7-T-o4ate-,4he-Divislibn_11Y�.s not_mseive4-a W Farms. This office is considering an enforcement action against Triple W Farms for the above referenced violation. If you have justification that this violation was caused by circumstances beyond your control, or have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. Your response should be ----=—sent to--my-attention-at-the address-shown-on-the letterhead:The WSRO will review your-response-and-forward it to-the-- Director, along with the enforcement package, for consideration. Winston-Salem Regional Office 585 Waughtown Street Winston-Salem,NC 27107 Phone:336-771-50001 FAX:336-771-4631 1 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NorthCarohna An Equal Opporlunity l Affimra5ve Aclicn Employer ;ValidH aL i y t k� Woody April 1, 2009 Page 2 In addition, upon receipt of this letter, you have sixty (60) days to submit the attached "State Application for New or Expanding Animal Waste Operations" and all supporting documentation. Please note that the application is to be completed using information from a Certified Animal Waste Management Plan (CAWMP). Should you need financial or technical assistance regarding the CAWMP, please contact the Alamance County Soil and Water Conservation District/Natural Resource Conservation Service office at (336) 228-1753. Once the application has been completed and signed, the original and two copies of the application must be returned (along with three copies of the entire CAWMP) to: North Carolina Division of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Please be aware that operation of your facility without coverage under a valid general permit constitutes a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to$25,000 per day. Additionally, you should expect DWQ staff to re-visit your farm in the near future to assess for any additional or potential violations of the State's water quality standards or regulations. If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrock, at(336)771-5000. Sincerely, Sherri V.'Knight, P.E. Regional Supervisor, Aquifer Protection Section Attachment -cc:- _ -Anima- ..ee ing.Operations--Unit.. _ - - - ----- - ------ --- Alamance County SWCD/NRCS Division of Environmental Health - WSRO tWSRe-APSaFiles61 Central Office AP File COMPLETE ■ Complete Items 1,.2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ih� Addressee 5 so that we can return the card to you. B. Received by(Printed Name) Date of Delivery ■ Attach this card to the back of the mallplece, _ or on the front If space permits. �� l 1. Article Addressed to: D. Is delivery address different from m 17 ❑Yes I If YES,enter delivery address below: ❑ No I , Mr. Harold Woody Triple W Farms 3545 E. Greensboro-Chapel Hill Hwy. 3. seeType Snow Camp,NC 27349 ©'certified Mail o Mail . ❑Registered ❑ Return Receipt for Merehandls-- -__ ❑ Insured Mail . ❑C.O.D. T 4. Restricted Delivery?(Extra Fee) ❑-Yes 2.� --- ,'7;0©.4 .2510 0002 -2©66 9965 ��1i H .{i PS Form 3811, February 2004 Domestic Return Receipt �_10 102595-024-i 546'f0T 1 k State of North Carolir'_,�% Department of Enviro-ent and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND-NATURAL�ECEIYG RESOUR/C} 0E�5 March 5, 1999 N.C. Dept. of EHNR HAshevilleld Woody MAR 2 4 1999 Triple W Farms 3545-E Greensboro Rd Snow.Camp_NC.273.49 Winston-Salem S6fiject:—Removal-of-Reg #ona)-Gffice .` Triple W Farms Facility Number 1-10 Alamance County Dear HAshevilleld Woody: This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217,and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 2H .0217,your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a li uid wastes stem 30,00D If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at(919)733-5093 ext 571. Sincerely, ",4� X A. Preston Howard,Jr.,P.E. cc: Winston-Salem Water Quality Regional Office Alamance Soil and Water Conservation District Facility File P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post-consumer paper CONFIRMATION FOR REMOVAL OF REGISTRATION This is to confirm that the following farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration database. Facility Number: O — Farm.Name: le GcJ ���r-r s " �.;-�_�'��� _r_►, Owner: WATER QUA-i i i' SECTforj tdo;i Disci�arge Cor;pfarce Enf• Mailing Address: _3 5`- J-- 4- 12o zo B_o County. -e Comments: Operation is: �elow threshold out ofbusiness/no animals an site closed out per NRCS standards Signature: f � _ Agency: 22/ L� Please return completed form to: DEHNR DWQ y Water Quality Section Compliance Group P.O. Box 29535 Raleigh,NC 27626-0535 RR-3/97 REQUEST FOR REMOVAL OF REGISTRATION The following farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration database. Facility Number: 6 1 — /0 Farm Name: Owner: Mailing Address: 5`'7'.S �_ /Pee,vshaV0 S/VO c-u /n /VC' 2 County: _ /f�t/►�/�ivC' This Operation is: pasture only (no confinement) dry litter poultry operation out of business/no animals on site closed out per NRC3 standards below -the threshold (less than 250-swine, 100-confined cattle, 75-horses, 1000-sheep or 30,000-poultry with a liquid animal waste management system) Comments: I am aware that even though I may qualify to be removed from the animal operations registration database, the Director of the Division of Water Quality (DWQ) may still require me to obtain a Certified Animal Waste Management Plan (CAWMP) or an individual permit for this facility. This decision will be made based on this facility's actual or potential impacts on surface waters of the State of North Carolina. I am also aware that should I, in the future, decide to repopulate this facility at or below the originally registered number of animals, I am required to obtain a CA%VMP and request reactivation of the facility from the DWQ prior to stocking animals. Any expansion to this facility would require me to apply for, and obtain a permit prior to expansion. Signature: >� Date:_� ( 5�y$ Please return completed form to: DENR-DWQaNc` Water Quality Section Non-Discharge Compliance Unit AUG 13 1996 . P.O.Box 29535 Raleigh, NC 27626-0535 Comp�0�1 tiTY Siance i~nI l lcr Discharge RR-2r9 B �N State of North Carolinf Department of Environment • and Natural Resources f Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr.,P.E., Director Nomm CAROuNA DEPARTMENT OF ENVIRONMENT AND NATURAL F-SOURCES June 12, 1998 CERTIFIED MAIL _ URN RECEIPT REQUESTED N,C. G;a:s;: . vy fi N >�T Harold Woody ��' ' Triple W Farms 3545-E Greensboro Rd l !I t +~S 1 C 1Tl Snow Cane NC 27349 Begional C;f t l CG' ' Subject: Second request for Status Update. Certified Animal Waste Management Plan Triple W Farms Facility Number: l-10 Alamance County Dear Harold Woody: . In accordance with State Regulations(15A NCAC 2H.0217(a)(1)(E))adopted by the Environmental Management Commission on February 1, 1993,the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. In a letter dated February 11, 1998,received by you on February 18, 1998,this office advised you that we had no record of having received the required Certification for the subject facility. Our letter further requested that you provide this office with an explanation as to why this Certification was not submitted as required. This explanation was due by March 20, 1998. To date we have received no response from you. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system, Therefore,if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.E(b)allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217,which was ratified on June 21, 1996,the Environmental Management Commission(EMC)may enter into a special agreement with facilities that did not meet the December 31, { 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement,if issued,would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement,you may send this request along with your explanation as to why the plan has not been developed and implemented. P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper Also attached is a form(Form RR 2198)that MUST be filled out if the fatality is no longer in operation as is below the threshold established inl5A NCAC 2H.0217(aXIXA). Facilities which maintain the member of animals below oertain thresholds are not required to be certified These thresholds arc: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H..0217(a).(1 xA). Please respond within 10 days of your receipt of this letter and submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O.Boa 29535 Raleigh NC 27626-0535 Once your response is received,it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review,you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact l&- Shannon Langley of our staff at(919)733-5083 ext.581. Sincerely, A Preston Howard,Jr.,P.E. cc: Fatality File—Non-Discharge CompliancelEnforcement Unit Shannon Langley Central Files P.O.Boa 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper NORTH AOLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES _ WINSTON-SALEM REGIONAL OFFICE ram " January 26 , 1998 NCDENR_ . .., , : Mr. Harold Woadv Triple W Farms y'M , �r 3545-E Greensboro Road I�:•JAMES B:HUNTJR. .fCGOYERNOR s: f Snow Camp, NC 27349 SUBJECT: Run-off Containment Triple W Farms • w:MCOEVTTT aa. A- A R.Y Alamance County -- ' Dear Mr. Woodv: On January 21 , 1998 , I met with you to evaluate the containment that you had put in to prevent runoff. On the day of my visit the containment had water backed up behind the berm and there was some evidence that water had aone - ' - around one side. You were asked to make the berm ' elliptical and to put in some smaller berms above this berm that would slow the water and spread the flow. 5eedina the area was also reauested and removal of anv _ 1 water that was standing behind the berm. You agreed to follow the suggestions. If you have anymore problems with runoff please contact me immediately so we can work on the problem before it gets any worse. My number is ( 336 ) 771-4600 `Ms ext. 259. �--- Sincerely, 4 � .€;�,.�'��� `•' James M. Johnston Environmental Chemist CC: Joe Zimmerman , Soil & Water, Mooresville Sue Homewood Central File -' (WSRO r �q..w 585 WAUGHTOWN 57REE 7,WINSTO N-SALEM,NORTH CA RO LINA 27107 x is►-+'�.='• PHONE 336-771-4600 FA%336-771-4631 AN ECIUAL OPPORTUNITY!AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/1 O% POST-CONSUMER PAPER t�1� COMPLAINT REPOR T DIVISION OF ENVIRONMENTAL MANAGEMENT IJINSTON-SALEM REGIONA�L- OFFICE DATE: JI 19-12 TIME: { ' am NAME OF CALLER: ADDRESS: _ _ Street P.O.Box ljv� �/t (l City Zip / d -TELEPHONE-NUM ER. 7 U POINT OF POLLUTION: o DIRECTIONS: SOURCE SOURCE OF POLLUTION: �, r' -,r s NATURE OF CALL: 0,, �a �.,. 1 f' m -�.� e 69 T—. REPORT REFERRED TO: IMMEDIATE ACTION TAKEN: 0e__ C J a S SIGNED lev, � ,J✓ I State of North Carol> Department of Envir ment, Health and Natural Resources • Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director r ..tvg! April 3, 1997 N.C. of EHIqFt Harold Woody Triple W Farms APR 0 7 1997 3545-E .Greensboro Rd Snow Camp NC 27349 %A!` YM l-'e ° Office SUBJECT: Notice o iolation Designation of Operator in Charge Triple W Farms Facility Number 01-I0 Alamance County Dear Mr.Woody: You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these completed Forms have not yet been returned to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that was required to receive this temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S.90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W.Tedder,Chief Water Quality Section cc: Winston-Salem Regional Office Facility File Enclosures P.O. Box 29535, Nif FAX 919-733-2496 Raleigh,North Carolina 27626-0535 An Equal Opportunity/Affirmafive Action Employer Telephone 919-733-7015 50%recycles/10%post-consumer paper 0 Natural Resources Conservation service RECEIVED United States Department of Agriculture ?�q C, Car cif 201 West Elm Street Graham , N . C . . 27253 { 7 Wi orl..Salem March 13 , 1997 Regional office Mr . Harold Woody Triple W Farms 35'4'5—E7—Gr'e6nshor'o=Ch'ape17H,i l l R,d Snow Camp , N . C . 27349 Dear Harold , On March b , 1997 , Phil Ross and I met with you to discuss what you would need to do to be in compliance with the letter ( NOTICE OF VIOLATION ) you received from the Division of Water Quality ( DWQ ) dated January 22 , 1997 . The areas of concern in DWQ 's letter were the discharges of waste from the feedlot areas and the runoff from the trench silo . As stated in their letter discharges from either of these areas would be considered in excess of Best Management Practices . We ,have contacted Tommy Burchette , NRCS Engineering Technician , Yadkinville , to assist with the plan for complying with this violation . He is scheduled to come on April 3 , 1997 , Thursday at 1 : 30 . As .stated in your letter from DWQ , reducing your number of cows below 100 may change what is needed but a plan addressing the areas of concern must be. prepared . Please contact us if you have any questions . Sincerely , ill Woods , NRCS Technician CC : Alan Walker , District Conservationist +_/Jim Johnston , DWA Larry 0 . Coble , DWQ Regional Supervisor Tommy Burchette , NRCS Eng Tech State of North Caroline Department of Environment, Health and Natural Resources ` • 0 Winston-Salem Regional Office f James B. Hunt,Jr., Governor IDP. HNFZ Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY January 22 , 1997 Mr. Harold Woody, Owner Triple W Farms 3545 E. Greensboro/Chapel Hill Rd. Snow Camp, N.C. 27349 SUBJECT: NOTICE OF VIOLATION Discharge in Excess of BMP's Triple W Farms Alamance County Dear Mr. Woody: on January 14 , 1997 , Mr. George Smith and Mr. Jim Johnston, of this Office responded to a complaint of animal waste in the stream. The waste was traced back to your farm. It was coming off the feed lot area and silage storage area. Discharges from either of these areas would be considered in excess of Best Management Practices . You need to contact NRCS and have them prepare a plan for you that will bring you into compliance. This plan needs to be done regardless of the -number of cows you milk. Reducing the number may change what is needed in the plan but a plan addressing the 'areas of concern mentioned must be prepared. You are to have NRCS to contact this office and verify that you have requested help and that they will be helping you correct your problem. If you should have any questions concerning this matter or we may be of further help please do not hesitate to contact Mr. Johnston, Mr. Mauney or me at ( 910) 771 4600. Sincerely, Larry D. Coble Regional Supervisor CC: Bill Woods, NRCS Compliance Group Central Files WSRO. 585 Woughtown Street, ��y� FAX 910-771-4631 Winston-Salem,North Carolina 27107-2241 "Nof An Equal Opportunity/Affirmative Action Employer Voice 910-771-4600 . 50%recycled/10%post-consumer paper Post-it`Fax Note�--� 7671 Zof Date - 1 _ pages To - From ✓, A. CoJDept" Co. k Phone it Phone# Fax# Fax# Division of Water Quality W S (P WINSTON-SALEM REGIONAL OFFICE —DATE: -/C TIME: /a 2 Z- PM DID CALLER ASK TO REMAIN ANONYMOUS? Yeses' (If yes, skip to DIRECTIONS) NAME OF CALLER: ADDRESS : TELEPHONE NUMBER:/ DIRECTIONS: �Jv e .S c3%�` f :�i� / 1r.1✓.�1'�iL�� / _ r._ � 1' f .�✓ref � � i/_-�-._ !�,"r_.- -Q iJ �. ;-r� � 'C,� r3' SOURCE OF POLLUTION: COUNTY: �C s• - NATURE OF CALL: ��✓_.� � /' /' c ca�� �.; -�� ,/cam, •o.-L.�/� /T/'>--�rz`'<:. ,r REPORT REFERRED TO: t � - IMMEDIATE ACTION TAKEN: /.i. _ Il �Y_ l�• f e?r� �? ////�- '� _iL..`�-lot- = � 1 COMPLAINT RECEIVED BY 1-f�� J" _ u C G� c 1•`=�`'' 1. - - cc-: _ ��CJ1;j i, ..t�� vc .qf� State of North Caro Department of Envir nment, Health and Natural Resources r4i • Division of Environmental Management James B. Hunt, Jr., Governor AAm m Jonathan B. Howes, Secretary p G H N F1 A. Preston Howard, Jr., P.E., Director February 2, 1994 RECEIVED CERTIFIED MAID, N.C. Dept. of EHNR RETURN RECEIPT REQUESTED ' Harold Woody F E B ' 9 1994 3545-E Greensboro Rd. Snow Camp, NC 27349 Winston-Salem Regional Office Subject: NOTICE OF VIOLATION Animal Waste Management System Registration As Per 15A NCAC 2H .0217(c) Alamance County Triple W Farms Dear Mr. Woody: This letter is to inform you that the Division of Environmental Management received your Registration Form for Animal Feedlot Operations on Jan-12-94. This late submittal is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(c) which required the registration to be received by the Division on or before December 31, 1993. In addition to this registration requirement,please be advised you are also required to submit an Animal Waste Management Plan on or before December 31, 1997, as per Title ISA of the North Carolina Administrative Code, Chapter 2, Subchapter 211, Section .0217(a)(1)(E). If you need financial or technical assistance with regard to the development of your animal waste management plan, you should contact your local Soil and Water Conservation District Office at (910) 226-0477. ` 1 If you have any questions concerning this information, please call Steve Mauney, Winston-Salem Regional Office Water Quality Supervisor at(910) 896-7007 or Dianne Williams Wilburn at(919) 733-5083, ext. 233. Sin erely, A. reston Howard, Jr., P.E. cc: Regional Water Quality Supervisor Alamance County Soil and Water Conservation District Alamance County Health Department Regional Coordinator-NC Division of Soil and Water Conservation Planning Branch Operations Branch P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-5293 An Equal Opportunity Affirmative Action Employer 50% recycfedt 10%post-consumer paper Rosebrock, Melissa From: Rosebrock, Melissa Sent: Monday, July 30, 2012 4:11 PM To: 'iarrygraham54@gmail.com' Cc: Larick, Keith; Knight, Sherri Subject: RE: Triple W. Farms Larry, Thanks for your emails. Regardless of Mr. Woody's plans, it is DWQ's expectation that-any current discharges have been abated and that he has eliminated the potential for any future direct discharges to waters of the State. The operation has been in non-compliance for several years. As such, it is my hope that Mr. Woody is working diligently to become compliant with State and US environmental regulations. Please let me know if you or he have questions or need clarification regarding his responsibilities and water quality requirements. Regards, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax(336)771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygrahamS4@qma.il.com [mailto:lar[yoraham54(dgmail.com] Sent: Tuesday, July 24, 2012 2:15 AM To: Rosebrock, Melissa Cc: Knight, Sherri; Phil Ross; Larick, Keith Subject: Triple W. Farms Hi Melissa. FYI - For some months I have been working with Triple W. Farms on a long term solution to their stormwater/manure management situation. Last week I met with Harold Woody to discuss some ideas and to make some directional decisions. As you may know animal feed prices have soared as of late and are expected to continue increasing because of the drought conditions in the mid-west. This has put even more financial pressure on Triple W. Farms, as I am sure it has with all livestock farmers. Harold wants to continue working toward a final solution but will have to do so at a pace he can afford. I just wanted you to know that I am still working for the farm but do not have a final plan yet put together for manure contaminated stormwater containment. I am hoping things will work out so we can finalize at least a containment plan by the end of 2012. If you have any questions about this process please feel free to let me know. As always thank-you for your assistance. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larry rahamWcDgmail.com 1 � 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles-Wakild, RE: Dee Freeman Governor Director Secretary June 8,2012 MEMORANDUM TO: Mr..Jim-Gulick . Senior Deputy Attorney General FROM: Charles Wakild,P.E. SUBJECT: Request for Injunctive Relief Mr. Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Highway Snow Camp,NC 27349 Alamarice County On October 15, 1998,Mr. Harold Woody submitted a"Request for Removal from Registration"form to DWQ. This form indicated that Mr. Woody was reducing the herd size of his dairy operation to below 100 cattle. As a result of this herd reduction, Mr. Woody was not required to obtain a permit under G.S. 143-215.10C(a). Staff of the Winston-Salem Regional Office Division of Water Quality(WSRO-DWQ) visited the Triple W Farms on February 26,2009 in response to a complaint alleging that the dairy was maintaining more than 100 confined cattle without an animal waste management system permit, in violation of G.S. 143-215.10C. The threshold violation was confirmed by DWQ staff observation, conversations with Mr. Woody, and through milk production records. Mr. Woody confirmed that he had been maintaining more than 100 confined cattle for more than two years. Staff visited Triple W Farms again on May 1, 2009 to assess for environmental impacts. Visual observations indicate that 2-8 inches of sediment and waste has been deposited into Mary's Creek due to the impact from approximately 2800 linear feet of severely eroded and denuded stream banks and riparian areas. We also noted that at least 160 cattle have access to the stream, which is a class C NSW water. The stream was observed to contain algal growth as well as foam, sludge worms, and a waste odor. On February 16, 2010, DWQ assessed Mr. Woody a civil penalty of$9,092.06 for operating an animal waste management system without a required permit and for discharge into at least 2,800 linear feet of stream. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh NC 27604 0B Phone:919�07-63001 FAX 9I M07-64921 Customer Service:1-877-623-6748 OIh Caroa ca Internet:www.ncwaterquality.org An Equal Opporfualty 4Afrrmative Acfian Employer Jim Gulick June 8,2012 Page 2 Mr. Woody did apply for an animal waste management system permit on May 27,2010. This permit application was missing several required items, such a Certified Animal Waste Management Plan(CAWMP) and a waste storage pond design. A request for additional items was-sent to Mr. Woody, however he did not respond with the required information. The application was returned as incomplete on February 16, 2011. Another NOV was issued to Mr. Woody on June 16, 2011 for operating without a valid permit. On April 24,2012,DWQ staff again inspected the Triple W Farms facility and found animal waste was illegally discharging from the concrete cattle lot and flowing downhill into Mary's Creek(Class C,NSW), and at least 225 dairy animals were documented to be in various stalls, dry packs, barns, etc. On-site stocking records indicate that the milking-herd numbered 215 in March 2012,while the total herd size was 300. On-site records indicate that the herd size at Triple W Farms has exceeded 100 confined cattle since 2006, in violation of G.S. 143- 215.1 OC(a). Due to the fact that Mr. Woody does not have a'permanent structure to store the waste water from the milking parlor,DWQ expects that this.farm will continue to illegally discharge in the future. In addition, Mr. Woody has yet to secure a valid CAWMP as required by G.S. 143- 215.1 OC(e), or submit a complete application for a animal waste management system permit. As a result, he continues to operate over 100 confined cattle in violation of G.S. 143-215.1OC(a). Please review the attached file and initiate actions as appropriate to remove this imminent threat including,but not limited to',preliminary injunctive relief. cc: Anita LeVeaux, AGO Melissa Rosebrock, WSRO Facility File: 01-10 i ENVIRONMENTAL ENGINEERING SERVICES P.O. Box 426,Aberdeen,N.C.28315 Phone 910-944-1648 Fax 910-944-1652 Email: larrygrabam54@gmail.com Ms. Sherri V. Knight, P.E. Dept.RECEIVED o ENR ` May 14, 2012 NC Division of Water Quality MAY 1 7 2012 Animal Feeding Operations Unit 1636 Mail Service Center Winston-Salem .-;Y Raleigh, NC 27699-1636 Regional office Subject: Project status and scope of work planned for the Triple W. Farms in Alamance County, NC. Ref: NOV-2012-DV-0095, Facility#01-10, Permit Number AWD10010. Dear Ms. Knight. As you may know, Mr. Harold Woody (owner of the Triple W. Farms) contracted with Environmental Engineering Services (EES)over a year ago to assist with a comprehensive plan of action related to his dairy's animal waste management plan. Early in the project EES met with Mr_ Woody and Mr. Phil Ross (Alamance County NRCS)to discuss the various project objectives and to establish a division of duties. At that meeting we primarily discussed the items mentioned in the May 27, 2010 letter'from NCDENR to Mr. Woody. Based on-that meeting the NRCS and EES agreed on Ia division'of work to ultimately develop Triple W. Farms a comprehensive Certified Animal Waste Management Plan (CAWMP). Below you-will find a brief summary of the work that has taken place at the farm andwork planned to take place in the very near futurel' 1. Before EES became involved with the project, Triple W. Farms had begun taking action to better manage their animal waste. A large shed roof was constructed over the cow feeding and lounging area and this in itself served to reduce animal waste run-off. According to Mr. Woody the construction of this shed has also reduced the amount of time the cows are on open feed-lot and thus significantly reducing the amount of manure run-off getting into the creek. 1 believe this to be a logical conclusion. 2. Triple W. Farms did not have a dry stack for a large portion of their scraped manure, so the need for such was paramount. EES worked with Triple W. Farms to design a new concrete dry stack for said manure storage under the new free-stall shed. The new dry stack was built during the summer of 2011 and has afforded Triple W. Farms considerable flexibility in storing manure since that time. Information related to this dry stack design was sent to DWQ on August 2, 2011. EES has since 'inspected the as-constructed dry stack but has not sent in the final certification on its construction. EES plans to'send in this certification when the CAWMP is complete: It is my belief that the new dry stack has resulted in better land application planning on Triple W_ Farm's 3. In 2011 EES began-work an a stormwater/manure management plan for the farm. EES has recently resumed this evaluation with-the goal of developing a long range or comprehensive plan. This work includes potentially reducing run-off volume and storing manure laden run-off. While EES has not been involved with the design or evaluation of any temporary stormwater/manure run- • off management efforts (i.e. discharges associated with Mary's Creek), it is my understanding that Mr. Woody has taken temporary measures to eliminate or at least minimize that discharge. 4. Once both the solid and liquid waste issues at the farm have been completely evaluated and a comprehensive management strategy finalized, EES will work with the Alamance County NRCS (Mr. Phil Ross) to merge this information into the animal waste utilization and crop management plan for the farm. When manure collection, storage, and utilization issues are addressed inside a CAWMP, said details will be submitted to DWQ for review and an animal waste permit requested. It should be mentioned that building the large shed over the free-stall area and constructing the new dry stack was costly for Mr. Woody. I believe it became necessary for Triple W_ Farms to pay off some of this accrued expense in order to plan for round 2 of design and construction. Let me reiterate that EES has now begun that second phase of work. I also think it is important to note that since our involvement (to the best of my knowledge)Triple W. Farms has not willfully ignored or delayed moving ahead with their animal waste management improvements for any reason other than economics. Being a small business can often require expensive improvements to be implemented slowly. I also know Mr. Woody has had some family issues that took a considerable amount of his time earlier this year and probably delayed his plans for waste management improvements. While I am not making excuses for any delays, I wanted you to have as much information as possible from which to base your NOV decisions. I trust this letter has been useful in updating you on our part in developing a CAWMP for Triple W. Farms. If all goes according to plan, I hope to have the stormwater/manure management structures designed before July I and subsequently work with the NRCS on the crop management plan update after that. Construction of said improvements will wait until your office has had time to review our recommendations. Please let me know if you have any questions. Best g s FV RONMd1 AL ENGINEERING SERVICES Enclosures cc:Melissa Rosebrock Phil Ross. Keith Larick J.R.Joshi Harold Woody. ENVIRONMENTAL. ENGINEERING SERVICES P.O.Box 426,Aberdeen,N.C.28315 Phone 910-944-1648 Fax 910-944-1652 Email: larrygraham54@gmail.com Ms. Sherri V. Knight, P.E. May 14, 2012 NC Division of Water Quality - Animal Feeding Operations Unit 1636 Mail Service Center Raleigh,NC 27699-1636 MAY ' 2012 Wmetem-364T F"4n,l ew.ce Subject: Project status and scope of work planned for the Triple W. Farms in Alamance County, NC. Ref: NOV-2012-DV-0095, Facility#01-10, Permit Number AWD10010. Dear Ms. Knight. As you may know, Mr. Harold Woody (owner of the Triple W. Farms) contracted with Environmental Engineering Services (EES) over a year ago to assist with a comprehensive plan of action related to his dairy's animal waste management plan. Early in the project EES met with Mr. Woody and Mr. Phil Ross (Alamance County MRCS) to discuss the various project objectives and to establish a division of duties. At that meeting we primarily discussed the items mentioned in the May 27, 2010 letter from NCDENR to Mr. Woody. Based on that meeting the NRCS and EES agreed on a.division of work to ultimately develop Triple W. Farms a comprehensive Certified Animal Waste Management Plan (CAWMP). Below you will find a brief summary of the work that has taken place at the farm and work planned to take place in the very near future. 1. Before EES became involved with the project, Triple W. Farms had begun taking action to better manage their animal waste. A large shed roof was constructed over the cow feeding and lounging area and this in itself served to reduce animal waste run-off. According to Mr. Woody the construction of this shed has also reduced the amount of time the cows are on open feed-lot and thus significantly reducing the amount of manure run-off getting into the creek. I believe this to be a logical conclusion. 2. Triple W. Farms did not have a dry stack for a large portion of their scraped manure, so the need for such was paramount. EES worked with Triple W_ Farms to design a new concrete dry stack for said manure storage under the new free-stall shed. The new dry stack was built during the summer of 2011 and has afforded Triple W. Farms considerable flexibility in storing manure since that time. Information related to.this dry stack design was sent to DWQ on August 2, 2011. EES has since inspected the as-constructed dry stack but has not sent in the final certification on its construction. EES plans to send in this certification when the CAWMP is complete. It is my belief that the new dry stack has resulted in better land application planning on Triple W. Farm's behalf. 3. In 2011 EES began work on a stormwater/manure management plan for the farm. EES has recently resumed this evaluation with the goal of developing a long range or comprehensive plan. This work includes potentially reducing run-off volume and storing manure laden run-off. While EES has not been involved with the design or evaluation of any temporary stormwater/manure run- . s off management efforts (i.e. discharges associated with Mary's Creek), it is my understanding that Mr. Woody has taken temporary measures to eliminate or at least minimize that discharge. 4. Once both the solid and liquid waste issues at the farm have been completely evaluated and a comprehensive management strategy finalized, EES will work with the Alamance County NRCS (Mr. Phil Ross) to merge this information into the animal waste utilization and crop management plan for the farm_ When manure collection, storage, and utilization issues are addressed inside a CAWMP, said details will be submitted to DWQ for review and an animal waste permit requested. It should be mentioned that building the large shed over the free-stall area and constructing the new dry stack was costly for Mr. Woody. I believe it became necessary for Triple W. Farms to pay off some of this accrued expense in order to plan for round 2 of design and construction. Let me reiterate that EES has now begun that second phase of work. I also think it is important to note that since our involvement(to the best of my knowledge)Triple W. Farms has not willfully ignored or delayed moving ahead with their animal waste management improvements for any reason other than economics. Being a small business can often require expensive improvements to be implemented slowly. I also know Mr.`Woody has had some family issues that took a considerable amount of his time earlier this year and probably delayed his plans for waste management improvements. While I am not making excuses for any delays, I wanted you to have as much information as possible from which to base your NOV decisions. 1 trust this letter has been useful in updating you on our part in developing a CAWMP for Triple W. Farms. If all goes according to plan, 1 hope to have the stormwater/manure management structures designed before July 1,and subsequently work with the NRCS on the crop management plan update after that. Construction'of said improvements will wait until your office has had time to review our recommendations. Please let me know if you have any questions. Best g s L E. RONM AL ENGINEERING SERVICES Enclosures cc:Melissa Rosebrock Phil Ross. Keith Larick J.R.Joshi Harold Woody. 0 Triple W Farms, Inc 3545 East Greensboro Chapel Hill Road RECEIVED Snow Camp, NC 27349 "C Inc of E"R MAY 15 2012 YViastcn-Salem May 14, 2012 Regicnal ate Ms. Sherri V. Knight, P.E. Regional Supervisor Aquifer Protection Section North Carolina Department of Environment and Natural Resources Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Written Response to Notice of Violation Notice of Intent to Enforce Received on May 8 2012 Dear Ms. Knight: I appreciate the opportunity to provide a response to your letter dated April 27, 2012, which I received on May 8, 2012. In summary, I wish to provide additional information addressing items i) through iv) below and hope that the Division of Water Quality will provide me with a period of time during which to obtain permit coverage without pursuing enforcement actions. i) clarify observation #1 (discharge from cattle lot) outlined in your letter and demonstrate the actions Triple W Farms ("TWF") has taken.to mitigate observation #1, ii) update you on progress TWF has made towards facility construction that is part of the plan that will be submitted with an updated permit application, iii) provide you with an anticipated time frame for submission of an updated application and iv) provide you with additional information related to extenuating circumstances which have impacted construction and submission of an updated application. i) Observation 91 outlined in your letter states that"Animal waste was illegally discharging from the concrete cattle lot and flowing downhill into Mary's Creek.". Enclosed as Exhibit 1 are pictures of the area Ms. Rosebrock observed during her visit. Since completion of the barn described below, the majority of the cattle have been housed in the new barn and thus the area Ms. Rosebrock observed is used minimally and any rainwater flowing from the area has little exposure to manure. Nevertheless, in order to mitigate the discharge concern you have observed, we have built a temporary earthen dam to stop the lot water from entering the stream. See enclosed picture of the temporary earthen dam. Mr. Larry Graham is designing more structures to permanently control all lot run off. 0 e ii) TWF has been working with Mr. Larry Graham, P.E., of Environmental Engineering Services, since January 2010 on development of a complete application in order for TWF to obtain permit coverage. In April 2010 TWF sold fifty cows to make it possible to construct a 102 foot by 317 foot barn (32,334 sa ft). Construction of this barn took all of 2010 to complete. This barn covers a 200 foot feed bunk and provides for added manure storage in the form of a pack barn. This was the initial phase of TWF's plan to control the run off from our cattle feeding operation. This barn significantly reduced the time per day the cows spend on the area of the lot where rainwater control has yet to be implemented. In April 2011, TWF started and completed a manure storage pit at the end of the feed bunk, designed by Mr. Graham. This effort has put TWF closer to controlling all water from our cattle feeding operation. Please see enclosed pictures of the new barn and manure storage facility. iii) As mentioned above, we are working with Mr. Larry Graham on various aspects of the plan to control all water from our cattle feeding operation. We will update the partial application sent to you in 2010. We are working in an expedited manner to submit an updated application. As part of the process of updating the application, I would like to schedule a time to discuss by phone the outstanding information needed for the application. iv) During 2010 and 2011 my father George S. Woody, who was born and lived on this farm his entire life, suffered various ailments including a knee injury which led to surgery and an extended stay in a rehabilitation center in Burlington, North Carolina. I spent a considerable amount of time caring for my father including taking him to doctor visits, grocery shopping and time spent at the rehabilitation center/nursing home. He passed away April 3, 2012. The time spent caring for my father impacted the speed at which I have been able to implement the complete plan to control all water from the cattle feeding operation. In conclusion, I want you to know that I take compliance with North Carolina environmental statutes seriously and have been working diligently (even before the June 2011 letter as evidenced by the construction of the barn described above during 2010) to complete the necessary construction and permitting in order to be in a position to grow Triple W Farms in compliance with North Carolina statutes. I appreciate your consideration of the circumstances and hope that the Division of Water Quality will provide me with a period of time during which to complete the process already begun and to obtain permit coverage without pursuing enforcement actions so that North Carolina will continue to have family farms that contribute to the economic vitality of the state. Sincerely, /��w Harold Woody Triple W. Farms Rosebrock, Melissa 0 a From: larrygraham54@gmail.com Sent: Friday, April 27, 2012 1:53 AM To: Rosebrock, Melissa Subject: Triple W Farms Hello Melissa. I spoke to Mr. Harold Woody on April 25 and he asked me to resume work at his farm for long term stormwaterlmanure control/capture design. We started this work last year but had to stop the project for a while. Harold also said he was going to take some temporary measures to control his stormwaterlmanure run-off, but I am not completely sure what all he has in mind for this measure. I will need to coordinate my work with the Alamance County NRCS so everything with the water storage and crop management plan matches. I just wanted you to know the work has resumed. I will keep you posted. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: Iarrygraham54(d)gmail.com 1 i MCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary April 27, 2012 CERTIFIED MAIL# 7008 1300 0001 1938 6908 RETURN RECEIPT REQUESTED Mr. Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Hwy. Snow Camp,NC 27349 SUBJECT: Notice of Violation/Notice of Intent to Enforce North Carolina General Statute Violations NOV-2012-DV-0096 Facility#01-10, Permit Number AWD010010 Alamance County Dear Mr. Woody: On April 24, 2012 Ms. Melissa Rosebrock performed an unannounced follow-up visit at Triple W Farms. This visit was the result of the violation described in a June 2011 Notice of Violation/Notice of Intent to Enforce (NOVINOI) letter sent from the Division of Water Quality's (DWQ) Central office in Raleigh. Recall that the June 2011 NOVINOI advised you of your continued violation of North Carolina General Statute (NCGS) 143-215.10C which requires all animal operations with more than 100 confined cattle to obtain permit coverage. You were to submit a complete permit application or permanently reduce the number of confined cattle at Triple W Farms to less than 100 and to submit a written response to our office. To date, the Division has not received a written response regarding the cattle herd size, nor a complete Cattle Waste Management System Permit Application. A partial application was submitted in 2010, but was returned to you as incomplete after required additional information was not submitted. Two violations were observed during Ms. Rosebrock's visit of April 24. 2012: 1)Animal waste was illegally discharging from the concrete cattle lot and flowing downhill into Mary's Creek (Class C,NSW). vdinston-saiem Regional Office 585 Wawhicyin Shot Winston-Salem-NC 27107 P€nne_5+6.771-5M 1 FAK 33c-H1 '631 NGDENR Custornu Ser&;-,: One Internet Nor/t�hC/a+rolina 4r s�C��aruriri' .c:a ._-.;r_. s,.aaj-r vVa{hmally H. Woody April 27, 2012 Page 2 of 3 2)At least 225 dairy animals were documented to be in various stalls, dry packs, barns, etc. on April 24, 2012. On-site stocking records indicate that the milking herd numbered 215 last month while the total herd size was 300. On-site milk production records also suggest that the number of dairy cattle at Triple W Farms has been above the I00-confined cattle threshold since at least January 2012. Violations and Corrective Actions 1) The unpermitted discharge cited above violates NC General Statute (NCGS) 143- 215.1(a) which reads"Activities for Which Permits Required.—No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) Make any outlets into the waters of the State." It is our understanding that you are going to temporarily exclude animal waste from the stream by constructing one or two earthen dams. It is our expectation that you have also begun work towards a permanent solution to the discharge. 2) Maintaining more than 100 confined cattle violates NCGS 143-215.1013 and 143- 215.10C, which state that any agricultural farming activity involving 100 or more confined cattle is considered an "animal operation" which requires application for coverage under a Cattle Waste Management System General Permit. You must submit the attached "State Application for New or Expanding Animal Waste Operations" and all supporting documentation. Please note that the application is to be completed using information from a Certified Animal Waste Management Plan (CAWMP). Once the application has been completed and signed, the original and two copies of the application must be returned (along with three copies of the entire CAWMP)to: North Carolina Division of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh,NC 27699-1636 Written Response This office is considering an enforcement action against Triple W Farms for the above referenced violations. If you wish to present an explanation for the violations, 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. Our office will review your response, and if an enforcement action is still deemed appropriate, will forward your response to the Director, for consideration. Your written response should be sent to my attention at the address shown on the letterhead_ SENDER. ■ Complete items 1,2,and 3.Also complete A. Slgn6are item 4 If Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Pdnfed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, t P,,t or on the front if space permits. YAM WWAy. D. Is delivery address dIfferenf from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Mr. Harold Woody Triple W Farms r 3545 East Greensboro-Chapel Hill Hwy 3. se €ceiype Snow Camp, NC 27349 NCertmed Mall ❑Express Mall j © Registered ❑Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ; ?008 13110 boor 1938 6908 I PS Form 3811, February 2004 Domestic Return Receipt 5-q-IQ 102595-02•M-1+540' f UNITED STATES POSTAL.SERVICE First-Class Mail r Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • k o"ro c_E- Aquifer Protection Section N.C. Dept. of Environment and Natural Resources 585 Waughtown Street RECEIVED Winston-Salem, NC 271 a7-2241 N•C,Dept.of ENR . MAY 0 9 2012 Winston-Salem lReaionJal Office lFl11111 FE1111i7il lil 11111111E 111I 111 lull�llll FF kII!l�E Fli1 J1 H. Woody April 27,2012 Page 3 of 3 Please be advised that in addition to a recommendation for a civil penalty assessment, the Division is considering further actions, including an injunction to require that the number of confined cattle be decreased to less than 100 until a permit is obtained. Additionally, be aware that NCGS provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have questions concerning this Notice, please contact Melissa Rosebrock or me at(336) 771-5000. Sincerely, ­J/ Dbc Sherri V. Knight, P.E. Regional Supervisor Aquifer Protection Section cc: APS Animal Feeding Operations Unit Alamance County NRCS LWSROFacility Files 3 i Rosebrock, Melissa From: Larick, Keith Sent: Wednesday, April 18, 2012 8:25 AM To: Rosebrock, Melissa Subject: FW: Woody and Welch NOVs Attachments: WSRO.pdf Just to follow up, the Welch NOV was sent in December, and he received it on 12/19/2011, He did not respond to the NOV. 5o I would feel comfortable going straight to enforcement if he is still operation and above threshold. The Woody NOV was sent in June, so there is a timeliness issue with any enforcement at this point (Ted will likely have an issue with the 4 months on Welch, but I can deal with that). Also, we don't have a green card from the NOV, so I just dropped the ball all around on this one. If you can confirm that he is still operating at over 100 cattle, we can send one more NOV with a 30-day deadline, and actually follow up quickly with enforcement from there. Thanks, Keith ---------------------------- Please Note my new phone number EFFECTIVE JANUARY 9 , 2012 : (919) 807 - 6444 ---------------------------- Keith Larick Supervisor,Animal Feeding Operations Unit (919) 807-6444 phone (919) 807-6496 fax www.ncwaterguality.org ---------------------------- Emai!correspondence to and from this address is subject to the North Carolina Public Records Caw and may be disclosed to third parties. From: Joshi, J.R. Sent: Tuesday, April 17, 2012 1:54 PM To: Rosebrock, Melissa Cc: Larick, Keith Subject: Woody and Welch NOVs Melissa, Attached please find copies of the NOV/NOls for the Woody and Welch farms in your region. Both were given an option to either apply for permit with complete application with supporting documentation or drop permanently below threshold animal numbers. Woody letter went out on June 16, 2011 and Welch letter on December 15, 2011. 1 have a green card for Welch but not for Woody. However,we did receive a manure storage pit design from Larry Graham on behalf of Mr. Wood on August 2, 2011. Nothing else was received from either one of them since. In order for us to go ahead with further process and stay current with the status of these cases, Keith and I thought maybe you can do fresh site visits to these places to confirm/verify that they have not gone below threshold permanently. We will then follow-up with another NOI with a shorter deadline. Please call if we need to discuss this further.Thanks. i s NC-DENR Division of Water Quality Animal Feeding Operations Unit 1636 Mail Service Center, Raleigh, NC 27699-1636 Phone: (919) 807-6341, Fax: (919) 807-6496 DISCLAIMER:E-mails sent to and from this account are subject to the N.C. Public Records Law, 2 Rosebrock, Melissa From: Joshi, J.R. Sent: Tuesday, April 17, 2012 1:54 PM To: Rosebrock, Melissa Cc: Larick, Keith Subject: Woody and Welch NOVs Attachments: WSRO.pdf Melissa, Attached please find copies of the NOV/NOls for the Woody and Welch farms in your region. Both were given an option to either apply for permit with complete application with supporting documentation or drop permanently below threshold animal numbers. Woody letter went out on June 16, 2011 and Welch letter on December 15, 2011. 1 have a green card for Welch but not for Woody. However, we did receive a manure storage pit design from Larry Graham on behalf of Mr.Wood on August 2, 2011. Nothing else was received from either one of them since. In order for us to go ahead with further process and stay current with the status of these cases, Keith and I thought maybe you can do fresh site visits to these places to confirm/verify that they have not gone below threshold permanently. We will then follow-up with another N01 with a shorter deadline. Please call if we need to discuss this further.Thanks. 9 Joshi NC-DENR Division of Water Quality Animal Feeding Operations Unit 1636 Mai!Service Center, Raleigh, NC 27699-1636 Phone: (919) 807-6341, Fax: (919) 807-6496 DISCLAIMER:E-mails sent to and from this account are subject to the MC. Public Records Law. 1 Rosebrock, Melissa From: Joshi, J.R. Sent: Tuesday, April 17, 2012 1:54 PM To: Rosebrock, Melissa Cc: Larick, Keith Subject: Woody and Welch NOVs Attachments: WSRO.pdf Melissa, Attached please find copies of the NOWNOIs for the Woody and Welch farms in your region. Both were given an option to either apply for permit with complete application with supporting documentation or drop permanently below threshold animal numbers. Woody letter went out on June 16, 2011 and Welch letter on December 15, 2011, 1 have a green card for Welch but not for Woody. However, we did receive a manure storage pit design from Larry Graham on behalf of Mr. Wood on August 2, 2011. Nothing else was received from either one of them since. In order for us to go ahead with further process and stay current with the status of these cases, Keith and I thought maybe you can do fresh site visits to these places to confirm/verify that they have not gone below threshold permanently. We will then follow-up with another NOI with a shorter deadline. Please call if we need to discuss this further.Thanks. I.R 10shi NC-DENR Division of Water Quality Animal Feeding Operations Unit 1636 Mail Service Center, Raleigh, NC 27699-1636 Phone: (919) 807-6341, Fax: (919) 807-6496 DISCLAIMER:E-mails sent to and from this account are subject to the N.C. Public Records Law. 1 Rosebrock, Melissa From: larrygraham54@gmail.com Sent: Tuesday, July 12, 2011 1:07 AM To: Phil Ross Cc: Rosebrock, Melissa; Harold Woody Subject: Re: Triple W Farms Hello Phil. I hope all is well. I am currently working with Harold Woody to organize the waste collection and storage details at his farm. We are just getting started so it will be a little while before I can send you any waste estimations and storage plans. I will be back in touch when I have something we can evaluate and would very much like your input. According to my understanding, once we get settled on waste amounts and storage you will help Harold and update his waste utilization plan. Thanks for your help. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54(r-,gmail.com ----- Original Message ----- From: Phil Ross To: 'larrygraham54 @gmail.com' Sent: Monday, July 11, 2011 10:07 AM Subject: RE: Triple W Farms Hi Melissa, met with Harold and Mr. Graham, a while back, I told them if they could put together the waste storage and other BMPs I would do the WMP. I do not know the status of their design work, Hopefully they are moving forward with it. (Phil&SS District Conservation Adm. Alamance Soil and Water Conservation District phone: 336-228-1753 ext.3 Fax: 336-513-5565 From: larrygraham54 mail.corn Gmailt:o:larrvgraham54(-Ogmail.coml Sent: Thursday, June 30, 2011 1:51 AM To: Melissa Rosebrock Cc: Phil Ross; Harold Woody Subject: Triple W Farms Hi Melissa. FYI - Mr. Harold Woody with Triple W Farms has signed a contract with Environmental Engineering Services for design assistance with his manure collection and storage needs. We are just getting started and I will get back to you when we make progress. It is my understanding that Mr. Phil Ross will be assisting us to get a Certified Animal Waste Management plan developed for Triple W Farms. Please let me know if you have any questions. 1 Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54[cDgmail.com z 0 Rosebrock, Melissa From: larrygraham54@gmail.com Sent: Thursday, June 30, 2011 9:27 PM To: Rosebrock, Melissa Cc: Phil Ross; Harold Woody; Larick, Keith; Joshi, J.R. Subject: Re: Triple W Farms Hi Melissa. I have a copy of what Clean East did for Mr_ Woody. I can't say at this time if it is sufficient, but I will work with Phil on this. I plan to put together some waste generation values and a workable plan for waste collection and storage and then get back to Harold to see if it works for him. Then I will get up with Phil to go over some of the details and any plan changes. I was out at the farm today and had a very productive meeting with Mr. Woody. I will be back in touch as we make progress. Thanks. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54(aDgmail.com ----- Original Message ----- From: Rosebrock Melissa _ To: iarrygraham_54 _gmail.com Cc: Phil Ross ; Harold Woody ; Larick, Keith ; Joshi, J.R. Sent: Thursday, June 30, 2011 3:12 PM Subject: RE: Triple W Farms Thanks for the update Larry. As I recall, Clean East (?) has already completed a WUP for Mr. Woody---but not the CAWMP. Seems like the Plan they did was "lacking" though. Might be worth checking. Melissa Melissa Rosebrock E-mail Address: melissa.rosebro_ck ncdenr,gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336)771-5289;fax(336)771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygraham54Cagmail.com fmailto:larrygraham54Cagmail.coml Sent: Thursday, June 30, 2011 1:51 AM To: Rosebrock, Melissa Cc: Phil Ross; Harold Woody Subject: Triple W Farms Hi Melissa. 1 f FYI - Mr. Harold Woody with Triple W Farms has signed a contract with Environmental Engineering Services for design assistance with his manure collection and storage needs. We are just getting started and I will get back to you when we make progress. It is my understanding that Mr. Phil Ross will be assisting us to get a Certified Animal Waste Management plan developed for Triple W Farms. Please let me know if you have any questions. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54Ca�gmail.com 2 MEN North Carolina Department of Lnvironment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins TDept. D Dee Freeman ENRGovernor DirectorSecretary F2011 June 16, 2011 lem Regional Office CERTIFIED MAIL RETURN RECEIPT RE VESTED RECEIPT # 7010 0780 0001 7057 5648 Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Hwy Snow Camp,NC 27349 SUBJECT: Notice of Violation/Notice of Intent to Enforce NOV-2011-OP-0013 Triple W Farms Farm # 01-0010 Alamance County Dear Mr. Woody: On May 27, 2010 the permit application for your Cattle Waste Management System was returned as incomplete, in accordance with the 15A NCAC 2T .0107(b). You have been notified of the permit requirement for your farm several times, including the civil penalty assessment of February 16, 2010, and the recent letter dated February 16, 2011. As you are aware, permit coverage is required for all animal operations with 100 of more confined cattle. Violation 1: As a result of the above mentioned items, you are in continuing violation of N.C. General Statute 143- 215.1 OC, which requires all animal operations with more than 100 confined cattle to obtain permit coverage. Required Corrective Action for Violation 1: This violation must he corrected within 30 days of receipt of this letter.. This violation can be corrected in one of two ways: Option 1: Submit a complete permit application to my attention at the address at the bottom of this page. Please refer to Page 2 of 5 of the permit application for a list of required items. A blank permit application is attached to this Notice. Submittal of an incomplete permit application will not correct this violation. AQUI�rP?ROT ECTION C=CTICN 1636 wlail San ics Center,Raleigh,North Carolina 27699-1636 Location:2728 Capital Boulevard,Raleiah.north Carolina 27604 ?none:919-733-3221 1=.AX 1:919.715-05K =AX 2:919-715-60481 cus*omer Service:':-877-623-674{: ' imemet wme.ncwatercualb.oro (} i i ��(}jt E_� Pvi�CLaI;�an�nunicy t Aff;maE€v_Acaou�maloyz: � ` 'd Mr. Harold Woody June 15, 2011 2 Page 3 of Option 2: Permanently reduce the number of confined cattle at your farm to less than 100. As stated above. N.C. General Statute 143-215.10C requires permit coverage of all animal operations with more than 100 confined cattle. If you reduce the number of cattle to less than 100, you will no longer be subject to the permit requirement as long as the number of confined cattle remains below an annual average of 100 head. You are required to take necessary action to correct the above noted violation, and submit a written response to this Notice with 30 days of receipt of this letter. Please include in your response all corrective actions taken and a schedule for completion of any corrective actions already taken. As a result of the violations in this Notice, this office is considering recommendation of 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 30 days of 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. Please be advised that Operation of your facility without coverage under a valid general permit constitutes a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions, please call me at (919) 715-6697. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit cc: Melissa Rosebrock = Winston Salem Regional Office APS Central Files (AWC010010) Alamance County Soil and Water Conservation District Joe Briscoe - Winston Salem Regional Office i Xf Rosebrock, Melissa From: Rosebrock, Melissa Sent: Wednesday, June 01, 2011 1:38 PM To: Larick, Keith Cc: Mitchell, Patrick Subject: RE: FW: Triple W Farms Keith, Injunction works for me. There was a documented discharge in 1997, followed by an NOV, lots of technical assistance, and more correspondence from DWQ and NRCS/SWCD regarding what needed to be done to come into compliance in 1998. Documentation states that he agreed to do what needed to be done. In 1998 he signed the form stating that he was below 100 cattle and that he wouldn't go back over 100, There's lots of documentation to back up an intentional increase in numbers since 2006, to which he readily agreed. In 2009 we've got him on another discharge AND operating w/out a permit which resulted in civil penalties. Two official letters from DWQ in 2010 told him to apply for a permit....and it's now 2011. Good case I think. Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336) 771-5289; fax (336)771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Larick, Keith Sent: Wednesday, June 01, 2011 1:11 PM To: Rosebrock, Melissa Subject: RE: FW: Triple W Farms It sounds like that in order to force him to apply, it may take another enforcement, or maybe an injunction. I'll talk with Ted about what the best course may be. If you have any ideas let me know as well. Thanks, Keith ------------ Keith Larick Animal Feeding Operations Unit Supervisor Division of Water Quality (919) 715-6697 www.ncwaterquality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Wednesday, June 01, 2011 11:33 AM To: Larick, Keith Subject: RE: FW: Triple W Farms No, he's way over. He's built some other things...so he can reto-fit or build a WSP, too. He doesn't want to be below 100 and needs to be forced to get the permit---but that means a holding structure for the pond water needs to be certified to NRCS standards. That's the hold-up. He built a barn that contains the dry waste. It's the parlor water that is the issue. Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of water Quality Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336)771-5289; fax(336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Larick, Keith Sent: Wednesday, June 01, 2011 11:06 AM To: Rosebrock, Melissa; Mitchell, Patrick Cc: Joshi, J.R. Subject: FW: FW: Triple W Farms Melissa, Do you know if Woody is still milking over 100 cows? The financial excuse has gone on long enough in my opinion. He knew what the rules were. I feel like we either need to get him a permit or get him below 100 confined cows. Thanks, Keith ------------ Keith Larick Animal Feeding Operations Unit Supervisor Division of Water Quality (919) 715-6697 www.ncwaterquality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Larry Graham [mailto:larrygraham54@gmail.com] Sent: Wednesday, June 01, 2011 12:04 AM To: Joshi, J.R. 2 q./ Cc: Larick, Keith; Rosebrock, Melissa; Mitchell, Patrick 01 Subject: Re: FW: Triple W Farms Hi J.R. I heard from him a few weeks ago after I sent him several emails and I think he said he still was planning on getting some work done, but financial considerations were keeping him from moving forward immediately. I do not know when or if I will get the green light on this job. Sorry I could not be of more help. Larry F. Graham, PE Envircinniental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: la 7raham54 cr gmail.com On Tue, May 31, 2011 at 11:03 AM, Joshi, J.R. <jaya.ioshi a,ncdenr. ov> wrote: Larry, I am following up on the following e-mail thread. Did Mr. Woody ever contact you for your services. We have not received any follow-up material form him since and would like to get an update, if you have any. Thanks a lot. From: Larick, Keith Sent: Thursday, March 10, 2011 4:12 PM To: Joshi, J.R. Subject: FW: Triple W Farms J R. See Larry Graham's email below, if we do not hear from Larry in a couple ol'weeks. pleas; follow up with him to see if there is any progress. 3 I Thanks, M Keith ------------ Keith Larick Animal Feeding Operations Unit Supervisor Division of Water Quality (919,) 715-6697 www.ncwaterqual ity.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: iarry�raham54(@gmail.com gmail.com [mai Ito:IarryQraham54[b,Q mail.corn Sent: Thursday, March 10, 2011 12:14 AM To: Rosebrock, Melissa Cc: Larick,Keith; Harold Woody Subject: Triple W Farms Hello Melissa. FYI - I met with Mr. Harold Woody with Triple W Farms on Wednesday March 9. Mr. Woody and I discussed his farming operation, his current regulatory status, farming goals,and a letter he received from DWQ dated 5/27/2010 describing current deficiencies in the Farm's Certified Animal Waste Management Plan(CAWMP). I am now gathering some general information about the farm to determine what has and has not been done with regards to his CAWMP. Mr. Woody seems very interested in updating his existing plan and meeting the 2T rules. Environmental Engineering Services(EES)has not yet been hired by Mr. Woody to help him with his animal waste plan. I simply wanted you to know he is looking for some professional help with this task. 1 will let you know if EES contracts with Mr. Woody, or as soon as it becomes official. I may also be contacting you to see where he stands with your agency. Best Regards, 4 Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen,NC 28315 Phone:910-944-1648 Fax: 910-944-1652 Email larrygraham540..kmai l.com 5 Rosebrock, Melissa _ From: Larry Graham [larrygraham54@g mail.com] Sent: Wednesday, June 01, 2011 12:04 AM To: Joshi, J.R. Cc: Larick, Keith; Rosebrock, Melissa; Mitchell, Patrick Subject: Re: Triple W Farms Hi J.R. 1 heard from him a few weeks ago after I sent him several emails and I think he said he still was planning on getting some work done, but financial considerations were keeping him from moving forward immediately. I do not know when or if I will get the grcen light on this job. Sorry I could not be of more help. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham 54a gmail.com On Tue, May 31, 2011 at 11:03 AM, Joshi, J.R. <jaya.ioshi a,ncdenr. v> wrote: Larry, I am following up on the following e-mail thread. Did Mr. Woody ever contact you for your services. We have not received any follow-up material form him since and would like to get an update, if you have any. Thanks a lot. From: Larick, Keith Sent: Thursday, March 10, 2011 4:12 PM To: Joshi,J.R. Subject: FW: Triple W Farms J R. e See Larry Graham's email below. If we do not fiear from Larry in a couple of weeks, please follow up with him to see if there is any progress. Thanks, Keith ------------ Keith Larick Animal Feeding Operations Unit Supervisor Division of Water Quality 919 715-6697 www.ticwaterqtiali!y.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: lar ,,raham54@gniail.com [mailto:larrygraham54 a?gmahLcoml Sent: Thursday, March 10, 2011 12:14 AM To: Rosebrock, Melissa Cc: Larick, Keith; Harold Woody Subject: Triple W Farms Hello Melissa. FYI - i met with Mr. Harold Woody with Triple W Farms on Wednesday March 9. Mr. Woody and I discussed his farming operation, his current regulatory status, farming goals,and a letter he received from DWQ dated 5/27/2010 describing current deficiencies in the Farm's Certified Animal Waste Management Plan(CAWMP). 1 am now gathering some general information about the farm to determine what has and has not been done with regards to his CAWMP. Mr. Woody seems very interested in updating his existing plan and meeting the 2T rules. 2 Environmental Engineering Services(EES)0S not yet been hired by Mr. Woody to help hint lh his animal waste plan. I simply wanted you to know he is looking for some professional help with this task. I will let you know if EES contracts with Mr. Woody, or as soon as it becomes official. I may also be contacting you to see where he stands with your agency. Best Regards, Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen,NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: laEygraham54 gmail.com 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 27, 2010 CERTIFIED MAIL 7002 2410 0003 0273 8681 RECEIVED _i H.C.Dept.or Et4R RETURN RECEIPT REQUESTED MAY 2 8 20fO Mr. Harold Woody Winston-sa,ern Triple W. Farms Regional office 3545 East Greensboro-Chapel Hill Hwy Snow Camp, NC 27349 Subject: Return of Incomplete Application Package Application No. AWC010010 Triple W. Farms Alamance County Dear Mr. Woody: On April 26, 2010, the Division of Water Quality received your application for the coverage under State General permit for Existing Animal Waste Operations. A preliminary review of the permit application shows the following required items missing in the application package: I. Permit Application: many items on the main permit application (such as Item 1.9, 2.4, 3.1, 3.2, 3.3, and 6.) were left blank and need to be completed. Please be sure to check each item, fill in the information or write N/A (not applicable). 2. Animal Waste Plan Management Plan Certification (AWMPC): Many portions of the AWMPC form were incomplete and need to be completed and certified by technical specialists with appropriate designations. 3. Available Storage Capacitv: The original design documents for the waste storage pond are missing in this application package. Please provide a copy of the design or as-built specifications of your storage pond to verify the available storage capacity. 4. Phosphorus Evaluation: The current Cattle General Permit requires all new and expanding, facilities located in watersheds sensitive to nutrient enrichment to provide a completed phosphorous loss assessment (PLAT) to determine if the facility can comply with the NRCS phosphorus standards. Such assessment report is missing in your permit package. Please provide the required assessment for all fields to be used for the land application of animal waste from this facility. 5. Other documents: An emergency action plan (EAP) for the facility and an Operation and Maintenance Plan (O & M Plan)for the waste storage and handling system. AQUIFER PROTECTION SECTION 1636 Mail Service Center,Raleigh,North Carolina 27699-1636 Location:2728 Capital Boulevard,Raleigh,North Carolina 27604 One Phone:919-733-3221 1 FAX 1:919-715-0588;FAX 2:919-715-60481 Customer Service:1-877-623.6748 North C arol i na Internet:www.rLcwatergual;ty.org )Vaturallry An Equal Opportunity 1 Affirmative Action Employer IY Your application is being returned as incomplete, in accordance with the 15A NCAC 2T .0107(b). The success of the animal waste permitting process depends upon the receipt of complete and accurate applications. Please make the appropriate corrections and resubmit the application. The review process will then begin upon receipt of the completed application. Please refer to Page of 2 of 5 of the permit application for a list of required items. A complete list of the items and forms can also be found in the Interagency Guidance Document at: http://www.enr.state.nc.us/DSWC/pages/guidance—docs.htmi Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, sealed and dated, with two (2) copies submitted to my attention at the address below. Please be advised that Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any question regarding this letter, please feel free to contact me at(919) 715-6698. Sincerely, J. R.Joshi Aquifer Protection Section cc: Alamance County Soil and Water Conservation District Melissa Rosebrock, Winston-Salem Regional Office, Aquifer Protection Section, Hal Langenbach, Ari-Waste Technology, 5400 Etta Burke Ct, Suite 200, Raleigh,NC 27606 AFO Unit Central Files (Facility No. 01-10) Rosebrock, Melissa From: Joshi, J.R. Sent: Tuesday, April 27, 2010 9:21 AM To: hlangenbach@agriwaste.com Cc: hwoody273@bellsouth.net; Rosebrock, Melissa Subject: Triple W. Farms permit Hal, I received one copy of a permit application for the Triple W. Farms (Facility No. 01-10) in Alamance County. I am assuming your office helped put this package together. If so, I will need the following items addressed before we can accept this package for review: 1. Only one copy of the package was received. We will need at least one additional of this package. 2. The package does not include a completed Animal Waste Management System Certification Form, a blank copy of which can be found at: http://portal.ncdenr.orgZweb/wq/aps/afo/report Once we receive these items, we will review the package for completeness and will forward any additional items that may be required to complete our review. Please forward these items to my attention by May 7, 2010 at the address below. The package will be returned as incomplete if no items were received by that date. Please let me know if you have any questions about this request. I.R. Joshi NC-DENR Division of Water Quality Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Phone:(919)715-6698, Fax: (919)715-0588 New email address:jaya.,foshi@ncdenr.gov DISCLAIMER:All a-marls sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 ll Rosebrock, Melissa From: Rosebrock, Melissa Sent: Thursday, March 10, 2011 9:40 AM To: 'iarrygraham54@gmail.com' Subject: RE: Triple W Farms Thanks Larry. Just an FYI, DWQ sent Mr. Woody another letter dated February 16, 2011 reminding him that his application was returned as incomplete in 2010. He is to make appropriate corrections and re-submit the permit application within 30 days of receipt of the letter (probably around Feb. 20th?). If he truly is working towards a complete application, waste plan, and structures to contain the waste, we would probably work with him on the timeline. Thanks again for the information. Melissa Melissa Rosebrock E-mail Address: melissa.roseb rock 2ncdenr.pov NCDENR Division of Water Quality Winston-Salem Regional Office '585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax(336) 771-4630 www.ncwaterauality.ors E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Iarryyraham54Cn@gmail.com fmailto:larryciraham54@gmail.com] Sent: Thursday, March 10, 2011 12:14 AM To: Rosebrock, Melissa Cc: Larick, Keith; Harold Woody Subject: Triple W Farms Hello Melissa. FYI - met with Mr. Harold Woody with Triple W Farms on Wednesday March 9. Mr. Woody and I discussed his farming operation, his current regulatory status, farming goals, and a letter he received from DWQ dated 5/27/2010 describing current deficiencies in the Farm's Certified Animal Waste Management Plan (CAWMP). I am now gathering some general information about the farm to determine what has and has not been done with regards to his CAWMP. Mr. Woody seems very interested in updating his existing plan and meeting the 2T rules. Environmental Engineering Services (EES) has not yet been hired by Mr. Woody to help him with his animal waste plan. I simply wanted you to know he is looking for some professional help with this task. I will let you know if EES contracts with Mr. Woody, or as soon as it becomes official. I may also be contacting you to see where he stands with your agency. Best Regards, Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 1 CDEN North Caroiina Department of Environment and Natural Resources Division of Water Quality Beverly i=aves Perdue Coieen H. Suliins RECEIVED Dee reeman Governor Director N.C.Dept.of ENR Secretary REAR 01 1010 February 25, 2010 Winston-Salem I Regional Office CERTIFIED NIAIL RETURN RECEIPT REQUESTED RECEIPT# 7003 1010 0001 2611 4797 Mr. Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Highway Snow Camp, NC 27349 RE: Permit application for Triple W Farms Facility#0 1-10 Alamance County Dear Mr. Woody: You are hereby notified that Triple W Farms, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste OperatiorC GenerahPermit. Upon receipt of this letter, your facility has sixty(60) days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty(60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information on file. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application. one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 AOUFER PROTECTION SECTION One 1636 Mail Service Center,Ra€egh.North Cam!€na 27699-1636 Locaibn:2,28 Capital Boulevard,Raleigh;Nosh Carolina 2±60� NOTrt 1CdT O�lild Phone;91v-733.3221 1=AY.1:919-715-0588:FAX 2:919-715-6048 1 Customer Service:1-877-623-6748 N. atw'allff Internet:www.ncwateroualitv.om An Eouat Qnoonuniry t Aairmavve Action=rrnloye: Harold Woody • February 25, 2010 Pate 2 If you have any questions concerning this letter, please call me at (919) 715-6697 or Melissa Rosebrock of the Winston-Salem Regional Office at (336) 771-5000. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Permit File(w/o encl.) Winston-Salem Regional Office (w/o encl.) .� 3 Harold Woody Farm Page 1 of 1. Hi Melissa, Just wanted to give you an update on the Harold Woody Farm. I met with Perry Sugg— EEP Field Rep and Harold Woody at the farm on June 10th We walked all of the streams and talked about the project. Perry said he would review it and let us know if they Would be interested in it as a project. called Perry yesterday on June 24. He said his staff were still in the review process, they were interested especially if they could Get some additional stream area from neighboring farms. 1 told him I would check with the Wendell Woody farm directly upstream and See if they may be interested. I will be on vacation the week of the 4th, but hope to follow up on thing after that. See ya (Phd 1 pss District Conservation Adm. Alamance Soil and Water Conservation District phone: 336-228-1753 ext.3 Fax:336-513-5565 mhtml:file://C:\Documents%20and%20Settings\MRosebrock\Local%20Settings\Temporary... 7/9/2009 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 15, 2009 CERTIFIED MAIL 7004 2510 0002 2066 9972 RETURN RECEIPT REQUESTED Mr. Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Highway Snow Camp, NC 27349 SUBJECT: Notice of Violation I Notice of Intent to Enforce NOV-2009-SS-0021 "Removal of Best Usage" and "Other Wastes" Stream Standard Violations Farm #01-10, Permit Number AWD010010 Alamance County Dear Mr. Woody: On May 1, 2009 Ms. Melissa Rosebrock from the Division of Water Quality (DWQ) Winston-Salem Regional Office (WSRO) performed an announced follow-up inspection at Triple W Farms. On the date of this inspection, Staff observed sludge worms, foam, waste odor, and waste and/or sediment solids in several on-farm segments of an unnamed tributary to Mary's Creek. Sediment and waste was 2-8 inches deep in Mary's Creek due to severe stream bank erosion and denuded riparian buffer caused by excessive cattle traffic in approximately 2,800 linear feet of steam. The following stream standard violations were documented- (1) Removal of Best Usage - The stream impacts noted above constitute a violation of 15A NCAC 2B .0211 (2), which states: "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, and secondary recreation, and agriculture. Sources of water pollution which preclude any of these uses on either a short-term or long-term basis will be considered to be violating a water quality standard." (2) Other Wastes Violation - The deposition of solids to surface waters is a violation of 15A NCAC 2B .0211(3)(0 which states: "Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses." These violations are of particular interest since the affected sections of Mary's Creek are classified as class C NSW waters of the State. Nutrient sensitive waters (NSW) are to be controlled for the magnitude, duration, and frequency ' of excessive growths of microscopic or macroscopic vegetation due to nutrients such as phosphorous or nitrogen. Winston-Salem Regional Office 585 Waughtown Street Winston-Salem,t4C 27107 Phone:336-771-50001 FAX:336-771-4631,Customer Service:1-877-623-6748 One Internet:Av.w.ne aterquality.org NortliCaroiina ,,n Eo u ai'],o,xunity+Aifirrna:.ve Actior.'Employer :f 1® Woody-- NOVINOI May 15, 2009 Page 2 The cattle must be excluded from surface waters and the run-off of sediment and animal waste controlled, at minimum. We urge your continued cooperation with the Alamance County Soil and Water Conservation District/Natural Resources Conservation Service regarding additional animal waste management measures that may be necessary. It is our understanding that they are to visit your farm again on or around May 28, 2009 to provide technical assistance. This office is considering an enforcement action against Triple W Farms for the above referenced violations. If you have justification that these violations were caused by circumstances beyond your control, or have an explanation that you wish to present, please respond in writing within thirty (30) days following receipt of this notice. Your response should be sent to my attention at the address shown on the letterhead, The WSRO will review your response and forward it to the Director, along with the enforcement package, for consideration. If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrock, at (336) 771-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: APS-Animal Feeding Operations Unit Alamance County SWCDINRCS �_WSRO APS Files Winstcn-Salem Regional Office 585>;'lfaughtown Street Winston-Saicm,NC 27107 Phone:336-771-50001 FAX:336-771-4631 1 Customer Service:1-877-623-6748 One L, Internet.www.ncwateryuality.erg 1 v orth C,al rofina Ar%qt a 4ppertuniy V P.Krmcfive A lion Employer �ati l al b Receivr;Q N.C,Dept of rzhiR APR 1 4 909 3M1finstan-Salem Regional Office UL r 44 J J J J J � J J J J J J J I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY'. ■-Complete items i,2,and 3.Aiso complete A. Sign tune item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(PHnted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 6, o 'Z2'0 1 D. Is delivery address d'ifteren tram item 1? ❑Yes i, 1. Article Addressed to: if YES,enter delivery address below: ❑ No 1J1 l I - 1 Mr, Harold Woody j Triple W Farms I 3545 East Greensboro-Chapel,Hill Hwy 3. Se ce,Type Snow Camp, NC 27349 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise �-- ❑Insured Mail ❑C.O.D. 4. Restricted Deliverer(Extra Fee) ❑Yes 2 7004 2510 4002 2066 +9972 ✓5`r 5 PS Form 3811, February 2004 Domestic Return Receipt G Q 102595-02-Wis40;' storage period Subject: storage period From: "Cartner, Daphne" <daphne.cartner@ncdenr.gov> Date: Wed, 8 Apr 2009 09:45:32 -0400 To: "phil.ross@alamance-nc.com" <phi1.ross a alamance-nc.com> CC: "melissa.rosebrock@ncmail.net" <melissa.rosebrock@ncmail.net> Phil, I looked at the current WSF (313) to check for any changes. it shows a six month storage period unless management practices and techniques show that it can be less and in no case less than 6o days. I personally wouldn't go less than 90 days but prefer 180 days. I recommend looking at the acreage and crop rotations he will be using to determine if less than 6 months is in his best interest on a management level. Below is the text from the current standard. As far as I know, DWQ still defers to NRCS standards as the minimum...Melissa please let me know if that has changed and I missed it. Storage Period. The storage period is the maximum length of time anticipated between emptying events. The minimum storage period shall be based on the timing required for environmentally safe waste utilization considering the climate, crops, soil, equipment, and local, state, and federal regulations. A minimum of six (6) months storage is required except when special management practices or techniques permit otherwise. In no case shall a design be developed with less than 60 days of storage volume unless the design is supported with a detailed, site specific water and nutrient budget, approved by an engineer with appropriate job approval authority. In such case, the hydraulic loading evaluation and nutrient budget shall be considered a part of the design of the waste storage facility, Daphne Cartner Daphne.Cartner@NCDENR.gov NC DENR Winston-Salem Regional Office Division of Soil and Water Conservation 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5050 FAX: (336) 771-4631 *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.* I of 1 4/8/2009 l 1:28 AM /I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 1, 2009 CERTIFIED MAIL 7004 2510 0002 2066 9965 RETURN RECEIPT REQUESTED Mr. Harold Woody Triple W Farms 3545 East Greensboro-Chapel Hill Highway Snow Camp, NC 27349 f SUBJECT: Notice of Violation 1 Notice of Intent to Enforce Case Number: NOV-2009-OP-0027 Failure to Apply for a Permit Facility#01-10, Permit Number AWD010010 Alamance County Dear Mr. Woody: On February 26, 2009 a representative from the State's Division of Water Quality (DWQ) Winston-Salem Regional Office (WSRO) investigated a complaint alleging the confinement of more than 100 cattle at Triple W Farms. On the date of our initial inspection, staff observed at least 160 cattle being maintained on a feedlot located at the above address. North Carolina General Statutes (NCGS) define a "feedlot" as: "... a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and either specifically designed as a confinement area in which animal waste may accumulate, or where the concentration of animals is such that an established vegetative cover cannot be maintained." Our records indicate that on October 15, 1998 you signed a "Request for Removal of Registration" form indicating that your operation was below the 100-confined cattle threshold. The form states, in part, "Any expansion to this facility would require me to apply for, and obtain a permit prior to expansion." The Division of Environmental Health's milk production records also suggest that the number of dairy cattle at Triple W Farms has been steadily increasing above the 100-confined cattle threshold since early 2006. Per NCGS 143-215.10B and 143-215,10C, any agricultural farming activity involvin 100 or more confined cattle is considered an "animal operation"requiring application for coverage under r•.,++In LI 3stem Wen+ m Gew4-P-er-,it.=T-o-date�he-Division-hasmot-received-a-permit-app�atian-fe�T iple ---- W Farms. — -- This office is considering an enforcement action against Triple W Farms for the above referenced violation. if you have justification that this violation was caused by circumstances beyond your control, or have an explanation that you " wish to present, please respond in writing within ten (10) days following receipt of this notice. Your response should be - sen Ho-my-attention-at-the-add ress-shown-on-the-I etterhead-. The WSRO will review your-response and-forward-it-to-the---- -- r Director, along with the enforcement package, for consideration. Winston-Salem Regional Office 555 4A'aughtown Street Winston-Salem,NC 27107 Phone:336-771-60001 FAX:336-771-4631 i Customer Service:1-877-�523-6748 One lniemet www.ncwaterquality.org NorthCarolina An Equa€Opportunily 1 AYrmatiw Action Employer Nati mally Woody April 1, 2009 Page 2 In addition, upon receipt of this letter, you have sixty (60) days to submit the attached "State Application for New or Expanding Animal Waste Operations" and all supporting documentation. Please note that the application is to be completed using information from a Certified Animal Waste Management � P 9 9 Plan (CAWMP). Should you need financial or technical assistance regarding the CAWMP, please contact the Alamance County Soil and Water Conservation District/Natural Resource Conservation Service office at (336) 228-1753. Once the application has been completed and signed, the original and two copies of the application must be returned (along with three copies of the entire CAWMP) to: North Carolina Division of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Please be aware that operation of your facility without coverage under a valid general permit constitutes a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. Additionally, you should expect DWQ staff to re-visit your farm in the near future to assess for any additional or potential violations of the State's water quality standards or regulations. If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrock, at (336) 771-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section Attachment cc,— - --- . nima-Fee ing- Opera Eons.Unit -- --- -- — - — ---- .. Alamance County SWCDINRCS Division of Environmental Health -WSRO CWSRO.AP_S-Files Central Office AP File s ■ Complete items 1,2,and 3.Also complete A. Signature DEHNR 2607(Revised 1/0; Item 4 if-Restricted Delivery is desired. ❑ Agent , Env ronmenlai Health servi ■ Print your name and address on the reverse X Addressee (1978 MILL(ORD.&CODE) so that we can return the card to you. B. Received by(Printed Name) Date of Delivery ■ Attach this card to the back of the mailpiece, } or on the front if space permits. NAA LO 6 a r_ Q >t 1. Article Addressed to: D. Is delivery address d 'ifferent from m 1? ❑Yes o If YES,enter delivery address below: ❑No t z z Mr. Harold Woody F DATE Tripie w Farms Zan- t 3545 E. Greensboro-Chapel Hill Hwy. 3. Sere Type l'IC -tis. a Jr m 1L Cb t�S Snow Camp, NC 27349 Certified Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandis �-- I•.l �Cr1• ❑ Insured Mail ❑C.O.D. _ 4. Restricted Delivery?(Extra Fee) ❑Yes i'z l ti +� 1 s ivy l I lL LO t-L5 z - I ' 7004 2510 0002 2066 9965 ✓1V (o-16 rQ k. I I a S rn i 1L C��5 PS Form 381 y,February 2004 Domestic Return Receipt 7- f ozs55 o2-M 1540 I r ADDRESS Y _ OPERATOR PHONE NO. D01 12�1��a 4J 7A;�z'y t3 yd`UZ� tiac) JR 2607(Revised inmenlal Health S MILK ORD.&CO J_ Q O O J O N tlJ 0 z ATE O a ..,�{ �o a 0-6 w* ,I I+�-1t1`7ra4 1 . l 4qtqq �1� IK Cs�ca�5 � I I TRESS c' W v i7Airt.y # c(Cj$Z'd OPERATOR bot-��p DEHNR 2607{Revised 1/97 Environmental Health Servic (1976 MILK ORD.a CODE) J Q Y O J O � to • 0 Z DATE a 11 a,.:5 u� , l% A.-4 o �S I%--ze 7cm �,o w 5 too mt Mo I L"LEI -Jax 1r C>L ADDRESS ��;,1� "w $Z� OPERATOR oqr-ISO -- tag CNa FORM 2607 (S/ (1678 MILK ORD. d r J_ f O x _J J m J G � t � Z L(—ZH 5la�a i 43-zq PHONE NO. ADDRESS OPERATOR r ee.yye� (901-(SO .r NAME I IZk �6 W �7 ��._ PERMIT NO. ^� 16 2 < f �. < m 0 z n i DNS FORM 2607 (5/ (1979 MILK ORD. & I , Q Y J_ D 0to J h j ! t 0 m d 1 7S q 4 rv1 t , K -+ oSb o - >a 70bn �Z -$s U-lk5 a-a soo - zsm /Q.lU IS01-0 00 ADDRESS OPEFRATOR m J�pp;6:)L1 �v ,,. 1JI'Ll NAME/03 r� PERMIT NO. $a g 11i [ 2 -1 ti [ m 0 Z a State of North Carolil Department of Enviro ment and Natural Resources ` • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 5, 1999 RECEIVED N.C. Dept. of EHNR HAshevilleld Woody PEAR z 4 1999 Triple W Farms 3545-E Greensboro Rd Snow Camp NC 27349 Winston-Salem Subject: Removal of Reg"Oona) Office Triple W Farms Facility Number 1-10 Alamance County Dear HAshevilleld Woody: This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 214 .0217, and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to$10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals to that level. "Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at(919)733-5083 ext 571. Sincerely, le A. Preston Howard, Jr., P.E. cc: Winston-Salem Water Quality Regional Office Alamance Soil and Water Conservation District Facility File P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper • i CONFIRMATION_FOR REMOVAL OF REGISTRATION This is to confirm that the following farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration database. Facility Number: G", j — l 0 Farm Name: „ /e G,J u�n-r S ?.� ,� '+�L- 7 Owner: L � PdoD-Dlsciearga Cow liana;r f Mailing Address: 3-5 /_Y ��r Pr�� l�a��J r . County: ®9 la Comments: ��r•,S'- �X[i_t'Sd� �^�lsi�-may /T1�,.�.z -�_.+l _ Operation is: _�beiow threshold out of business/no animals on site closed out per NRCS standards Signature: Agency: r L61 Please return completed form to: DEI-M-DWQ Water Quality Section Compliance Group P.O. Box 29535 Raleigh,NC 27626-0535 RR-3/97 REQUEST FOR REMOVAL OF REGISTRATION The following farm does not meet the 2H .0200 registration requirements, Please inactivate this facility on the registration database. Facility Number: 6 — 10 Farm 1\tame: Owner: �,�cti!'�' - 6-00.' Mailing Address: S-y.S = AL County: This Operation is: pasture only (no confinement) dry litter poultry operation out of business/no animals on site closed out per NRC; standards \,-*I-_ below .the threshold (less than 250-swine. 100-confined cattle, 25-horses, 1000•sheep or 30,000-poultry with a liquid animal waste manaaement system) Comments: I am aware that even though I may qualify to be removed from the animal operations registration database, the Director of the Division of Water Quality (DWQ) may still require me to obtain a Certified Animal Waste Management Plan (CAWMP) or an individual permit for this facility. This decision will be made based on this facility's actual or potential impacts on surface waters of the State of North Carolina_ I am also aware that should I, in the future, decide to repopulate this facility at or below the originally registered number of animals, I am required to obtain a CANVMP and request reactivation of the facility from the DWQ prior to stocking animals. Any expansion to this facility would require me to apply for, and obtain a permit prior to expansion. Signature: / Date: Please return completed form to: DENR-DWQ EcE ° ED Water Quality Section Non-Dischargd Compliance Unit AUG 1 � 1998 P.O. Box 29535 SECTN Raleigh, NC 27626-0535 '� j QOryg�ami'ance Enf. RR-2/98 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRGEs '9 June 12, 1998 CERTIFIED MAIL R E D- V E D RETURN RECEIPT REQUESTED N.C, G c ... o f E H ill R Harold Woody ,J U N 1 5 1998 Triple W Farms 3545-E Greensboro Rd Winston-Salem Snow Camp NC 27349 Regional Office ' Subject: Second request for Status Update, Certified Animal Waste Management Plan Triple W Farms Facility Number: 1-10 Alamance County Dear Harold Woody: In accordance with State Regulations(15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility.was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. In a letter dated February 11, 1998,received by you on February 18, 1998,this office advised you that we had no record of having received the required Certification for the subject facility. Our letter further requested that you provide this office with an explanation as to why this Certification was not submitted as required. This explanation was due by March 20, 1998. To date we have received no response from you. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore,if the certification was not submitted as required and the facility is still in operation,this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217,which was ratified on.Tune 21, 1996,the Environmental Management Commission(EMC)may enter into a special agreement with facilities that did not meet the December 31, { 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement,if issued,would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement,you may send this request along with your explanation as to why the plan has not been developed and implemented. P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Afrirmative Actioa Employer 50%recycled/10% post-consumer paper Also attached is a form(Form RR 2198)that MUST be filled out if the facility is no longer in operation or is below the threshold established inl5A NCAC 2H.0217(aXIXA). Facilities which maintain thenumbrr of animals below certain thresholds are not required to be certified These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please respond within 10 days of your receipt of this letter and submit aU responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O.Box 29535 Raleigh NC 27626-0535 Once your response is received,it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review,you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at(919)733-5083 ext.581. Sincerely, A Preston Howard,Jr.,P.E. cc: Facility File—Non-Discharge Compliance/Enforcement Unit •DWQ=Regional=0ffice— Shannon Langley Central Files P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper ' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE January 26 . 1998 �NCDENR- ,.,,.:_« Mr. Harold Woodv : - " ' Triule W Farms IJAMES S:HUNT JR.�� 3545-E Greensboro Road GOVERNOR Snow Camp, NC 27349 S SUBJECT: Run-off Containment � Triple W Farms WAYN E,MCDE�VIT7 SECRETARY(/ a J Alamance Countv •'4 V C n �' G Dear Mr. Woodv: coo �• On January 21 , 1998 , I met with you to evaluate the �` Fs containment that you had put in to prevent runoff. On the day of my visit the containment had water backed uD behind A the berm and there was some evidence that water had Qone around one side. You were asked to make the berm elliptical and to put in some smaller berms above this berm that would slow the water and spread the flow. Seeding the area was also requested and removal of anv water that was standing behind the berm. You agreed to follow the suggestions. ,.. If you have anvmore vroblems with runoff please contact me immediately so we can work on the problem i' " before it gets anv worse. My number is ( 336 ) 771-4600 ext. 259 . ---= Sincerely.. x 'x` James M. Johnston Environmental Chemist ir CC: Joe Zimmerman , Soil & Water, Mooresville Sue Homewood Central File (WSRO :.o y ? ' 585 WAUGHTOWN STREET,WINSTON-SALEM, NORTH CARCLINA 27107 PHONE 336-771-4600 FAX 336-77]-4&31 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50q RECYCLED/10% POST-CONSUMER PAPER COMPLAINT REPORT DIVISION OF ENVIRONMENTAL MANAGEMENT WINSTON-SALEM REGIONAL OFFICE DATE: ,3 19 2 TIME. am NAME OF CALLER: ADDRESS: . /� ' Street P.O.Box W W City Zip j TELEPHONE NUMBER: r] /6 3 q C POINT OF POLLUTION: e �--- DIRECTIONS: SOURCE OF POLLUTION: NATURE OF CALL: (ram �-�y „ 1 r ro —)s r REPORT REFERRED TO: r , ,_� IMMEEDIATE ACTION TAKEN: f C Y S SIGNED � �.,-. �-�-, e_.,, ►--►-,� ram© I� 1Ld , �� h V-, � � e � s State of North Carolio Department of Environment, Health and Natural Resources 4 • Winston-Salem Regional Office f James B. Hunt, Governor p E H N -- Jonathan B. Howes, Secretary ;Z DIVISION OF WATER QUALITY May 9 , 1997 Mr. Harold Woody Triple W Farms 3545 E. Greensboro-Chapel Hill Rd. Snow Camp, NC 27349 SUBJECT: Illegal Discharge Triple W Farms Snow Camp, Alamance Camp Dear Mr. Woody: During the month of June we will be planning a follow-up inspection to see if the discharge has ceased. At this time we will make a decision as to whether to forward to Raleigh a request for an enforcement action. As I have mentioned to you in the past, that regardless of the number of cows that you have you still can not allow water quality deterioration. You may work with NRCS to solve the problem or you can hire an independent or you may do it yourself. As long as you are above the number of cows that requires you to be registered you must work with an independent engineer or NRCS.But the problem of the runoff into the creek must be stopped. If you should have any questions concerning this matter please do not hesitate to contact me at ( 910) 771-4600 . . Sincerely, �5ame7, s M. Johnston Environmental Chemist CC: Compliance Group Central File WSRO 585 Woughtown Street, � � FAX 910-771-4631 Winston-Salem,North Carolina 27107-2241 !Mf An Equal Opportunity/Affirmative Action Employer Voice 910-771-4600 50%recycled/10%post-consumer paper State of North Carol IT Department of Environment, Health and Natural Resources • Division of Water Quality James B. Hunt,'Jr., Governor Jonathan B. Howes, Secretary � � � FZ A. Preston Howard, Jr., P.E., Director April 3, 1997 F"'`"'"1V2a N.C. Dept, of EH14R Harold Woody Triple W Farms APR 0 7 1997 3545-E Greensboro Rd Snow Camp NC 27349 Winstoln-Salem Fegio-nal Office SUBJECT: Notice o Violation Designation of Operator in Charge Triple W Farms Facility Number 01--10 Alamance County Dear Mr.Woody: You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these completed Forms have not yet been returned to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that was required to receive this temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W.Tedder,Chief Water Quality Section cc: Winston-Salem Regional Office Facility File Enclosures P.O. Box 29535, 1W 4 FAX 919-733-2496 Niwfc Raleigh,North Carolina 27626-0535An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 501%recycles/100/.post-consumer paper Natural Resources Conservation Service flECEIVE© United States Department of Agriculture 0;.C. DoIA, Of EHN$ 201 West Elm Street Graham , N C . _ .27253 ��R f fg7 Wigan-Salem March 13 , 1997 Regional Office Mr . Harold Woody Triple W Farms 3S45 E . Greensboro-Chapel Hill Rd Snow Camp , N . C . 27349 Dear Harold , On March 6 , 1997 , Phil Ross and I met with you to discuss what you would need to do to be in compliance with the letter ( NOTICE OF VIOLATION ) you received from the Division of Water Quality ( DWQ ) dated January 22 , 1997 . The areas of concern in DWQ 's letter were the discharges of waste from the feedlot areas and the runoff from the trench silo . As stated in their letter discharges from either of these areas would be considered in excess of Best Management Practices . We have contacted Tommy Burchette , MRCS Engineering Technician , Yadkinville , to assist with the plan for complying with this violation . He is scheduled to come on April 3 , 1997 , Thursday at 1 : 30 . A, stated in your letter from DWQ , reducing your number of cows below 100 may change what is needed but a plan addressing the areas of concern must be prepared . Please contact us if you have any questions . Sincerely , ill Woods , NRCS Technician CC : Alan Walker , District Conservationist %- im Johnston , DWQ Larry D . Coble , DWQ Regional Supervisor Tommy Burchette , NRCS Eng Tech r State of North Carolina Department of Environment, Health and Natural Resources • Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary EDE� HNFZ DIVISION OF WATER QUALITY January 22 , 1997 Mr. Harold Woody, Owner Triple W Farms 3545 E. Greensboro/Chapel Hill Rd. Snow Camp, N.C. 27349 SUBJECT: NOTICE OF VIOLATION Discharge in Excess of BMP's Triple W Farms Alamance County Dear Mr. Woody: On January 14 , 1997 , Mr. George Smith and Mr. Jim Johnston, of this Office responded to a complaint of animal waste in the stream. The waste was traced back to your farm. It was coming off the feed lot area and silage storage area. Discharges from either of these areas would be considered in excess of Best Management Practices. You need to contact NRCS and have them prepare a plan for you that will bring you into compliance. This plan needs to be done regardless of the number of cows you milk. Reducing the number may change what is needed in the plan but a plan addressing the areas of concern mentioned must be prepared. You are to have NRCS to contact this office and verify that you have requested help and that they will be helping you correct your problem. If you should have any questions concerning this matter or we may be of further help please do not hesitate to contact Mr. Johnston, Mr. Mauney or me at (910 ) 771 4600. Sincerely, Larry D. Coble Regional Supervisor CC: Bill Woods , NRCS Compliance Group Central Files WSRO AW 585 Waughtown Street, W 4 FAX 910-771-4631 Winston-Salem,North Carolina 2 7 1 07-224 1 Nvf An Equal Opportunity/Affirmative Action Employer Voice 910-771-4600 50%recycled/10%post-consumer paper 5�J3 . Post-it®Fax Note am, 7671 Date -22 -q pages r • To From / •�! le c1 dam!n t G CoJDept. Co. coL puL t �1SV �S Px popa Fax#4# Phone# Fax 10 �G-- ^7�/ Fax Jk Division of Water Quality WINSTON-SALEM REGIONAL OFFICE - —DATE: /Y/O TIME• a;' � PM DID CALLER ASK TO REMAIN ANONYMOUS? Yes �Nq (If yes, skip to DIRECTIONS) NAME OF CALLER: ADDRESS : TELEPHONE NUM 3E_R:: p DIRECTIONS : Z y ` l f SOURCE OF POLLUTION: COUNTY: _ NATURE OF CALL: v REPORT REFERRED TO: IMMEDIATE ACTION TAKEN: � � p COMPLAINT RECEIVED BY: � State of North Carolina Department of Environment, Health and Natural Resources A&14 �ffjWinston-Salem Regional Office James B. Hunt, Jr., Governor E) � " P4 FZ Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY April 22, 1997 MEMORANDUM: TO: Ron Caldwell , Attorney at Law FROM: Jim Johnston, WSRO SUBJECT: Anonymity of . Complaints There is no regulation or statute that provides for anonymity of a caller for a complaint. However, if the caller ask to remain anonymous his or her wishes are respected. I have attached a copy the Compaint Report which we use to record a complaint. As you can see if a caller ask to remain anonymous then we do not bother take down their name, address or phone number. Whether a person requests to remain anonymous or not, we do not offer to disclose that persons name. If asked, we usually say that we had rather not disclose the persons name. If the person wants to know anyway, and we have the name, then we will reveal the persons name. If you need anything else please do not hesitate to contact me. _ 585 Waughtown Street, �C FAX 910-771-4631 Winston Safem,North Carolina 27107 2241 An Equal Opportunity/Affirmative Action Employer Voice 910-771-4600 50%recycled/10%post-consumer paper State of North Carolire Department of Environment, Health and Natural Resources Division of Environmental Health rit 1' AAA �� James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [D F_= N N FZ Linda C. Sewall, Director March 5, 1996 MEMORANDUM TO: IMS LISTED SHIPPERS f FROM: Tom Williamson, Head fay-Y7 T�;11 Cani*af;p;Bra„cT, Environmental Health Service Section SUBJECT: Permits I have been made aware that permitted dairy farms are changing ownership with respect to persons without proper notification to the Regional Milk Specialists (RMS), Milk Sanitation Branch., Division of Environmental Health. When this occurs, the RMS must react, after the fact, to the situation. This, generally, puts the new owner, previous owner and the RAGS at odds with each other because the dairy farm may require upgrading before a permit can be issued. The Rules Governing Grade A Milk Sanitation 15 A.NCAC 18A .1204 PERMITS REQUIRED states (a) No person shall produce, process, transport, or distribute Grade','A" milk- without first obtaining a permit from the Division. A person who complies with the requirements of this-Section shall be issued a permit. Permits shall not.be transferable with respect to persons or locations." Additionally, to obtain a permit, compliance with the Division of Environmental Management, Administrative Code Section, 15A NCAC 2H .0200 -Waste Not Discharged to Surface Waters must be evident. If you are unsure about what compliance with 15 A NCAC 2H .0200 is, please contact your local. Cooperative Extension Service representative. I do not«,ish to mandate a notification time frame but request that you use common courtesy in Our ca. ac TW/ta cc: Regional Milk Specialists Dewey Botts Richard Gallo E. Bruce Williams Rating Officers Preston Howard Don Pritchard &\EHS\MILK\PERMITS.wPD ENVIRONMENTAL HEALTH SERVICES SECTION P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone:919-733-2884 FAX 919-715-3227 An Equal Opponundy Afflrmclive Action Employer 50Arecyded/ 10%posl-consumer paper State of North Caro fa l�a a o a Department of Environment, Health and Natural Resources' A, • • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) FE H A F1 A. Preston Howard, Jr., P.E., Director i V February 2, 1994 RECEIVED CERTIFIED MAIL N.C. Dept. of EHNR RETURN RECEIPT REQUESTED ' Harold Woody F E B A 1994 3545-E Greensboro Rd. Winston-Salem Camp, NC 27349 Subject: NOTICE OF VIOLATION Regional Off ice Animal Waste Management System Registration As Per 15A NCAC 2H .0217(c) Alamance County Triple W Farms Dear Mr. Woody: This letter is to inform you that the Division of Environmental Management received your Re,istration Form for Animal Feedlot Operations on Jan-12-94. This late submittal is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(c) which required the registration to be received by the Division on or before December 31, 1993. In addition to this registration requirement, please be advised you are also required to submit an Animal Waste Management Plan on or before December 31, 1997, as per Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(a)(1)(E). If you need financial or technical assistance with regard to the development of your animal waste management plan,you should contact your local Soil and Water Conservation District Office at(910) 226-0477. ` If you have any questions concerning this information, please call Steve Mauney, Winston-Salem Regional Office Water Quality Supervisor at(910) 896-7007 or Dianne Williams Wilburn at (919) 733-5083, ext. 233. Sin erely, A. reston Howard, Jr., P.E. cc:[Reg'onal Water Quality Supervisor Alamance County Soil and Water Conservation District Alamance County Health Department Regional Coordinator-NC Division of Soil and Water Conservation Planning Branch Operations Branch P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-5293 An Equal Opportunity Affirmative Action Employer 50%, recycled/ 10%post-consumer paper �4 I Rosebrock. Melissa From: larrygraham54@gmail.com Sent: Thursday, December 04, 2014 12:29 AM To: Rosebrock, Melissa; Harold Woody; Hudyncia, Joseph Subject: Re: Update? Hi Melissa. It has been a while since I sent you an update on the Triple W Farms pond construction so I wanted to get back to you. Work continues to inch forward slowly, mostly due to wet soil conditions (frequent rainfall). The contractor pulled off the site for a while to catch a few other jobs -waiting on some drier weather. Right now his earth moving equipment is back on site but he is still not able to do much. Because this is a stormwaterlmanure catch pond it collects water during each rain and thus makes us need some prolonged dry weather to get the earth moving finalized. While not complete it is keeping the stormwaterlmanure mix on site - so that is a good thing. I collected a few quick measurements on the stormwater pond on Tuesday to get an idea of about how much more work will be needed. i think the earthmoving is about 80 to 85% complete, but we just can't get a break to finish it up. However, what has been done so far looks good. I trust this update has been helpful. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email! lar[yciraham54@qmail.com -----Original Message ----- From: larrygraham54(d,)g mail.corn _ To: Rosebrock. Melissa ; Harold Woody ; Hud ncia Joseph Sent: Wednesday, July 16, 2014 9:32 AM Subject: Re: Update? Hello Melissa. 1 spoke to Harold yesterday and he gave me a project update. Harold has recently been sick, had surgery, and was in the hospital for several days; so this has set him back. He is recovering now but having to take it easy while he heals. I understand he is still trying to work with the cows while he recovers, but this kind of thing can really slow a person down until they have time to heal. Harold has contracted with a waste pumper(hauler) about pumping the water out of his pond and getting it dry enough for the earth moving contractor to finish up. While I believe they are scheduled to get started pumping as early as this week, I am sure all this will depend on the weather and everyone's schedule - but it is moving forward. Overall the weather has been a little drier this summer compared to last, but Harold said they had a 2 inch rain recently. will remain in contact with Harold about the pond progress and let you know when we are getting close to having it completed. Since it looks like the pond work is picking back up I will go ahead and complete the irrigation design. I hope we can have some good weather and wrap up this project soon. I hope this update helps. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Rosebrock, Melissa From: larrygraham54@gmail.com Sent: Thursday, July 10, 2014 4:53 PM To: Rosebrock, Melissa Subject: Re: Update? Melissa. I tried to contact Harold to get an update myself, but have not heard from him as of yet. I am on a semi-hold since he has not gotten back to me lately on pond construction progress. Last I heard he needed to pump some stormwater(which contains a little manure) out of the pond so the contractor could finish up with earthmoving. That was in late spring and Harold was about to finish up with some grain harvesting (I think). He indicated he would refocus on the pond after the spring harvesting was complete. They could have had some heavy rains up his way since then, but I can't say for sure. My plans were to finish up on the irrigation system design next, but I have held off until I am sure Harold is moving toward completion of the pond. Last I saw, the pond was about 85% complete so it should not take too much more work to get it finished. I don't want to get too far down the road with an irrigation design and those costs until the pond is about ready to use. I will let you know what I hear back from Harold. Thanks. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: la_rrygraham54@gmail.com ---Original Message ----- From: Rosebrock, Melissa To: Harold Woody ; Larry Graham ; Hudyn_cia,_Joseph Sent: Wednesday, July 09, 2014 11:23 AM Subject: Update? Hey folks,just checking to see where you are on the irrigation design, waste plan, waste pond, and permit application. I'd appreciate your feedback. Thanks, Melissa Melissa Rosebrock E-mail Address: m_elissa.rosebrock@ncdenr.gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289;fax(336)771-4630 Notice:E-mail correspondence to and from this address may be subject to the North Carolina Public Records low and may be disclosed to third parties. 1 ,r -y A Rosebrock, Melissa From: larrygraham54@gmail.com Sent: Thursday, November 14, 2013 3:06 PM To: Rosebrock, Melissa Cc: Hudyncia, Joseph; Joshi, J.R.; Lawson, Christine; Harold Woody Subject: Re: Triple W. Farms earth moving progress Hi Melissa. Since I last updated you on the Triple W. Farm pond, progress it has been slow going. Several showers have wetted the soil and it is slow to dry out this time of year. But the contractor has made some progress. He has almost completed the main dam but still needs to do a little shaping. There remains more earth to be moved from the pond interior and some more stormwater diversion work to be completed. As of today much of the soil is wet and very slick so that is hampering progress. But the rainfall over the last week has not been too heavy so the soils should dry out in a reasonable amount of time. 1t is slow going but we are moving forward. All the soil compaction tests on the dam have passed the construction criteria thus far. Hope this update helps. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larryyraham54()gmai1.com ----- Original Message ----- From: Rosebrock, Melissa To: larrygraham54(a2gmail.com Cc: Hudyncia. Joseph , Joshi. J.R. ; Lawson. Christine ; Harold Wood Sent: Friday, November 01, 2013 4:36 PM Subject: RE: Triple W. Farms earth moving progress Thanks Larry. All is well here,just fighting allergies and sinus symptoms! Do you anticipate being able to get the embankment seeded this Fall? I'm hoping the dam can have some vegetation before winter. Thanks for your diligence, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.Rov NCDENR Division of dater Resources Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 Notice:E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygraham54(&-gmail.com [mailto:larrygraham54@grnail.com] Sent: Thursday, October 31, 2013 2:36 PM To: Rosebrock, Melissa Cc: Hudyncia, Joseph; Joshi, J.R.; Lawson, Christine; Harold Woody Subject: Re: Triple W. Farms earth moving progress 1 Melissa. There has been some add ] dam/pond work at the Triple W. Farmsisince I last sent you an update, but the soils have been slow to dry (unlike summer months) so the work has likewise been slow. Our soil compaction tests have been good and met or exceeded the minimum standards. Several days the earth moving contractors could not work due to soil wetness issues. The dam is going up but it has not yet been completed. I am not sure if it will be completed this week or not since there is rain in the forecast for Friday (November 1). 1 have not heard from Joe Hudyncia on the crop management plans as of yet, but I think he is working on getting them finalized. Hope all is well with you. Best Regards, Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54CcDgmail.com ----- Original Message ----- From: Rosebrock, Melissa To: larrygraham54(5-)gmail.com Cc: Joshi, J.R. ; ioseph.hudyncia(cDnc.usda.gov ; Lawson, Christine Sent: Monday, October 14, 2013 3:07 PM Subject: RE: Triple W. Farms earth moving progress Thanks again for the update Larry. It appears that progress continues to be made at the site, albeit slowly. Please let me know if you run into any non-weather related issues, though. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@)ncdenr.gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 Notice:E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygraham54(a)gmail.com [mailto:lar[ygraham54@gmail.com] Sent: Monday, October 14, 2013 2:49 PM To: Rosebrock, Melissa Cc: Joshi, J.R.; ioseph.hudyncia@nc.usda.gov; Lawson, Christine Subject: Re: Triple W. Farms earth moving progress Melissa. I spoke to the contractor for Triple W. Farms today and it has been too wet for them to work most of last week and so far this week. The dam is up maybe 4 feet tall, but everything is at a standstill until it dries out. My guess is that the site will be wet most of this week, but we will just have to wait and see. Last week I sent Joe Hydyncia some information I calculated about the waste volumes to assist him in his crop management plan work. That's all from a soggy Alamance county right now. 2 Rosebrock, Melissa From: larrygraham54@gmail.com, Sent: Saturday, October 19, 2013 10:19 PM To: Rosebrock, Melissa Cc: Harold Woody; Joshi, J.R.; Lawson, Christine; Hudyncia, Joseph Subject: Re: Triple W. Farms earth moving progress Hi Melissa. I was at Triple W. Farms on Friday (October 18) to inspect the pond work. Last week no soil was moved due to the rain. It also rained on and off on me today (Saturday October 19) so I suspect the soil at TWF also got wet. My guess is if we have some dry weather between now and all next week the earth moving contractors might can go back to moving soil around Thursday, but that is up to the contractor. That is all I have to report for last week. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54(d)gmail.com ----- Original Message ----- From: Rosebrock, Melissa To: larrygraham544 gmail.com Cc: Joshi, J.R. ; loseph.hudyncia(a7.nc.usda.gov ; Lawson, Christine Sent: Monday, October 14, 2013 3:07 PM Subject: RE: Triple W. Farms earth moving progress Thanks again for the update Larry. It appears that progress continues to be made at the site, albeit slowly. Please let me know if you run into any non-weather related issues, though. Melissa Melissa Rosebrock E-mail Address: meHssa.rosebrock@ncdenr,gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336) 771-5289;fax(336)771-4630 Notice:E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larry_qraham54 gmail.com (mailto:larrygraham54@gmail.com] Sent: Monday, October 14, 2013 2:49 PM To: Rosebrock, Melissa Cc: Joshi, J.R.; joseph.hudyncia@nc.usda.gov; Lawson, Christine Subject: Re: Triple W. Farms earth moving progress Melissa. I spoke to the contractor for Triple W. Farms today and it has been too wet for them to work most of last week and so far this week. The dam is up maybe 4 feet tall, but everything is at a standstill until it dries out. My guess is that the site will be wet most of this week, but we will just have to wait and see. Last week I sent Joe Hydyncia some information I calculated about the waste volumes to assist him in his crop management plan work. 1 Rosebrock, Melissa From: larrygraham54@gmail.com Sent: Monday, October 14, 2013 2:49 PM To: Rosebrock, Melissa Cc: Joshi, J.R.; joseph.hudyncia@nc.usda.gov; Lawson, Christine Subject: Re: Triple W. Farms earth moving progress Melissa. I spoke to the contractor for Triple W. Farms today and it has been too wet for them to work most of last week and so far this week. The dam is up maybe 4 feet tall, but everything is at a standstill until it dries out. My guess is that the site will be wet most of this week, but we will just have to wait and see. Last week I sent Joe Hydyncia some information I calculated about the waste volumes to assist him in his crop management plan work. That's all from a soggy Alamance county right now. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: [arrygraham54(a�g mail.corn ----- Original Message ----- From: Rosebrock. Melissa To: lar raham54 mail.corn Cc: Lawson, Christine ; Joe Hudyncia (joseph.hudVnciaCa7nc.usda.gav) Sent: Tuesday, October 08, 2013 8:18 AM Subject: RE: Triple W. Farms earth moving progress Larry, suspect the rain yesterday, and possibly other days this week, will slow construction again. We will bid a fond farewell to Keith...although our paths will surely continue to cross. Regards, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336) 771-5289;fax(336) 771-4630 Notice:E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygraham54@gmail.com [mailto:larrygraham54@gmail.com] Sent: Monday, October 07, 2013 6:09 PM To: Rosebrock, Melissa Cc: Joe Hudyncia; Lawson, Christine; Joshi, J.R.; Larick, Keith; Harold Woody; Anita LeVeaux Subject: Re: Triple W. Farms earth moving progress i Hi Melissa. I will try to give you a weekly prolbs update on the Triple W. Farms dam. I*Joe will be doing the waste utilization portion of the plan and I will put his report into the CAWMP form and provide the permit application and certifications in areas where I have done the work. I suspect the rain today may delay pond earth moving work for several days to come since they will have to pump out water and let things dry out a little. I know Harold is very busy and may be short handed on the farm, but I trust he will also update us on day-to-day matters as/if needed. You are welcome for my assistance and I also appreciate your help on this project. Should we continue to keep Keith Larick in this update loop since he has taken a new job? Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygra ham 54((Dg mail.com ----- Original Message ----- From: Rosebrock, Melissa To: larrygra ham 54(c�g mail.com Cc: Joe Hudyncia ; Lawson. Christine ; Joshi, J.R. ; Larick, Keith ; Harold Woody ; Anita LeVeaux Sent: Monday, October 07, 2013 10:13 AM Subject: RE: Triple W. Farms earth moving progress La rry, Thanks for the update---it was indeed helpful. As you may/may not know, the construction and waste plan dates stipulated in the Consent Order (August 2013) have lapsed. That said, Mr. Woody is now making progress towards the implementation of the items required for compliance and I don't think we want to impede his progress. Until completion of the waste holding structure would you or Mr. Woody update me each week? Just a few sentences by email is fine. Do you know who is writing the CAWMP? Completing the permit application? Thanks again for your assistance, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock(@ncdenr.gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289;fax (336) 771-4630 Notice:E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: larrygraham54@gmail.com [mailto:larryaraham54@ gmail.com] Sent: Sunday, October 06, 2013 5:50 PM To: Rosebrock, Melissa Cc: Joe Hudyncia; Lawson, Christine; Joshi, J.R.; Larick, Keith; Harold Woody Subject: Triple W. Farms earth moving progress Hi Melissa. FYI - Harold Woody is making good progress on his stormwaterlwaste management pond. The earth moving contractors have been moving unneeded soil for several weeks and have just recently prepared for the dam. I was at the farm 2 last Wednesday (October 2) to view the dam"-off trench and to collect a few measurem So far things look good and we have some good clay soils from which to ma a dam. just wanted to assure you that now that we have dry weather the pond is being built and earth is being moved every day. We are supposed to get some rain on Monday (October 7) but we will just have to wait and see if that happens and if it delays progress any. My guess is that we should have a completed pond sometime in late October or early November, but that depends on many factors. I hope this brief update helps. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larUgraham54@gmail.com 3 From: Rosebrock, Melissa � To: larlygrah2m54@gmail.com Cc: Joe Hudyncia ; Lawson, Chris Eye ; Joshi, J.R. ; Larick, Keith ; Harold Woody ; Anita LeVeaux Sent: Monday, October 07, 2013 10:13 AM Subject: RE: Triple W. Farms earth moving progress Larry, Thanks for the update---it was indeed helpful. As you may/may not know, the construction and waste plan dates stipulated in the Consent Order (August 2013) have lapsed. That said, Mr. Woody is now making progress towards the implementation of the items required for compliance and I don't think we want to impede his progress, Until completion of the waste holding structure would you or Mr. Woody update me each week? Just a few sentences by email is fine. Do you know who is writing the CAWMP? Completing the permit application? Thanks again for your assistance, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.sov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax(336) 771-4630 Notice:E-mail correspondence to and from this address may be subject to the North Carolina Public Retards Law and may be disclosed to third parties. From: larrygraham5401cimail.com [mailto:lar[ygraham54@gmail.com] Sent: Sunday, October 06, 2013 5:50 PM To: Rosebrock, Melissa Cc: Joe Hudyncia; Lawson, Christine; Joshi, J.R.; Larick, Keith; Harold Woody Subject: Triple W. Farms earth moving progress Hi Melissa. FYI - Harold Woody is making good progress on his stormwaterlwaste management pond. The earth moving' contractors have been moving unneeded soil for several weeks and have just recently prepared for the dam. I was at the farni last Wednesday (October 2) to view the dam cut-off trench and to collect a few measurements. So far things look good and we have some good clay soils from which to make the dam. I just wanted to assure you that now that we have dry weather the pond is being built and earth is being moved every day. We are supposed to get some rain on Monday (October 7) but we will just have to wait and see if that happens and if it delays progress any. My guess is that we should have a completed pond sometime in late October or early November, but that depends on many factors. I hope this brief update helps. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: 1arrygraham54(c-gmail.com 4 Yarll'f•F. Graham, PE � ^� Environmental Engineering Services* �. PO Box 426 Aberdeen, NC 28315 + Phone: 910-944-1648 Fax: 910-944-1652 Email: larr raham54 mail.com ----- Original Message ----- From: Rosebrock, Melissa To: larrygraham54(ogmail.com Cc: Lawson, Christine ; Joe Hudyncia (joseph.hudyncia@nc.usda.gov) Sent: Tuesday, October 08, 2013 8:18 AM Subject: RE: Triple W. Farms earth moving progress Larry, l suspect the rain yesterday, and possibly other days this week, will slow construction again. We will bid a fond farewell to Keith...although our paths will surely continue to cross. Regards, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncclenr.Rov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax(336) 771-4630 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: larUgraham54(&gmail.com [mailto:larty rah�gmail.com] Sent: Monday, October 07, 2013 6:09 PM To: Rosebrock, Melissa Cc: Joe Hudyncia; Lawson, Christine; Joshi, J.R.; Larick, Keith; Harold Woody; Anita LeVeaux Subject: Re: Triple W. Farms earth moving progress Hi Melissa. I will try to give you a weekly progress update on the Triple W. Farms dam. I think Joe will be doing the waste utilization portion of the plan and I will put his report into the CAWMP form and provide the permit application and certifications in areas where I have done the work. I suspect the rain today may delay pond earth moving work for several days to come since they will have to pump out water and let things dry out a little. I know Harold is very busy and may be short handed on the farm, but I trust he will also update us on day-to-day matters as/if needed. You are welcome for my assistance and I also appreciate your help on this project. Should we continue to keep Keith Larick in this update loop since he has taken a new job? Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54@gmail,com ----- Original Message ----- 3 Rosebrock, Melissa a • From: larrygraham54@gmail.com Sent: Wednesday, August 28, 2013 11:54 PM To: Larick, Keith Cc: Rosebrock, Melissa; Joshi, J.R. Subject: Re: Harold Woody farm Hi Keith. I called the contractor Harold Woody has hired to do the earth moving today (August 28) and got an update. As you know this summer has been extremely wet and while the soils are drying out a little now, they are still very saturated. Here is a brief update on the project. 1. Many months ago we held our pre-construction conference but have not been able to move soil due to the constant rain events. 2. Several weeks ago Harold fenced his cows out of the construction area and the contractor installed a sediment trap down stream from the pond location in anticipation of construction commencement at the first opportunity. 3. Starting last Monday (August 26)the contractor was finally able to get his equipment to the site and began removing top soil and some of the spoil. 4. The contractor told me the soils are still very wet so the top soil removal has gone slow so far this week - but at least it is going. He is also making stormwater diversion berms to keep stormwater out of the pond while under construction, 5. The contractor plans to continue shaping the pond sides and avoid working on the dam right now. This way water can get out of the pond if it rains. Plus the better soils for dam construction are below the topsoil. 6. Weather permitting, the contractor will be calling me next week to come and view the dam cut off trench. From that point he will go up with the dam. I will visit the site as needed to keep abreast of the progress and inspect the work. This is all good news. We just need some dry weather now so he can finish while the iron is hot. I hope all is well in Raleigh. I will let you know how the work progresses. Best Regards, Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54(cDgmail.com -----Original Message From: Larick, Keith To: Iarrygraham54(a�gmail.com Cc: Rosebrock, Melissa ; Joshi, J.R. Sent: Wednesday, August 28, 2013 2:46 PM Subject: Harold Woody farm Larry, I was wondering if you had any update on the status of the work at the Harold Woody farm. Thanks, Keith ---------------------------- Keith Larick Supervisor, Animal Feeding Operations Unit Division of Water Resources (919) 807-6444 phone Rosebrock, Melissa ft 0 From: larrygraham54@gmail.com Sent: Monday, July 01, 2013 7:23 PM To: Rosebrock, Melissa Cc: Lawson, Christine; Larick, Keith; Joshi, J.R. Subject: Triple W. Farms Hi Melissa. I appreciate the update on your visit to Triple W. Farms. I have not visited recently but I am sure it is very wet all over the farm. As a point of interest, I just saw a report that said as of the end of yesterday, last month was the second wettest June recorded in 70 years at the RDU airport. It only lacked matching the record rainfall month by about 113 of an inch. l suspect a few local areas had the wettest June in 70 years since rainfall can vary from local to local. In addition April and May were wetter than usual and so Triple W. Farm's stormwater containment pond has not been built. I am sure it is no mystery as to why Triple W. Farms can't build a pond to collect stormwater during such wet weather. Had the pond been started already they would have had to pump water almost every day from the pond interior and I fear we could also have compromised the dam compaction due to soil wetness. We can't compact mud. I wanted to mention this so you don't think Triple W. Farms is dragging their feet on this issue. It just is what it is and we can't change the weather. I spoke to Harold Woody last Friday evening and as he has said many times over the last few months he desires to get the pond construction going. His contractor has had equipment on site for well over a month waiting for a dry spell to begin work. Harold said he would talk to his contractor and see if he could install the down stream sediment trap between rain events to make an attempt to control sediment, but there is very little he can do to contain stormwater runoff when it rains almost every day. I also told Harold to do all he could to keep manure solids scraped up and/or somehow contained around the feed bunkers. I am not sure how he is going to be able to avoid some dissolved nutrient run-off during hard rains; short of building the pond. Perhaps he can at least contain the non-dissolved solids. There are a few ideas he might use which we discussed. am not making excuses for the lack of pond construction progress but I simply wanted to state the obvious. With over 10 inches of rain in June (more than 6 inches over the normal) there simply has not been much time for the soils to dry out. Highly effective alternatives for manure containment from pastures and feed lots are limited in such wet weather and intense rainfall events. I am sure we will get into a dryer pattern at some point and they will begin work then. I know the consent order contains wording about of having the work completed by August but we can't help the weather delays. I am looking forward to dryer weather. I know DWQ has been busy with existing lagoon and manure storage pond issues with all this rainfall so I think we all need a break from the rain. Again, thank-you for the update and the help. I will let you know when pond construction begins. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54[a7gmail.com 1 Rosebrock, Melissa e From: Rosebrock, Melissa Sent: Friday, June 28, 2013 3:12 PM To: Harold Woody Cc: Larry Graham Subject: Fallow-up to DWQ Visit 6-20-2013 Attachments: Triple W Farms Inspection Report 6-20-2013.pdf Mr. Woody, I wanted to follow-up again regarding the discharge that is continuing from the concrete lot. I noticed that you have built an earthen berm to try to contain the discharge, but the waste is flowing around the edges. Have you been able to stop the discharge this week? Also, have you been able to scrape the manure from around the Harvestore? Both sources of manure are still flowing into the ditch with leads to surface waters. Is there construction equipment on site now? If so, when do you anticipate starting construction? The Division is very concerned about the old and NEW discharge that is occurring. I know it has been a wetter-than- normal-Spring, which is why we and the Court granted your request for an extension to August 1, 2013 for completion. I'm very concerned since no construction has begun. Please keep me updated on your progress. It is our desire (and I assume yours?) for the farm to come into compliance and cease the discharge of animal waste into the creek. Let me know if you have ANY questions or need anything clarified in the Consent Order or the Inspection Report. Thank you, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street,Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i Permit:AYVD01DO10 Owner-Facility: Herold Woody Facility Number: 010010 Permit:AWDOlD0f0 Own—FaclUty: Herold Woody Facility Number: 010010 Inspection Date: 00l M013 Inspection Type:Compliance Inspection Reason for Visit: Fallow-up Inspection Date•. 06120r2013 Inspection Type:Compliance Inspection Reason for Visit: Fallow-up Regulated Operations Design Capacity Current Population Discharges&Stream Impacts Yes No NA NE Cattle 1.Is any discharge observed from any part of the operation? ■ p ❑ ❑ Cattle-Milk Cow 250 231 Discharge originated at: Total Design Capacity: 250 Structure ❑ Total SSLWt 350,000 Application Field ❑ Waste Structures Designed Observed Other ■ Type Identifier Closed Date Start Date Freeboard Freeboard a.Was conveyance man-made? ❑ ❑ ❑ ❑ Dry Stack WET STACK 4.did discharge reach Waters of the,SlatD?(if yes,notify DWO) ■ ❑ Cl ❑ rite Pit PIT 6EHIND MILK BARN c.What is the estimated volume that reached waters of the State(gallons)? d.Does discharge bypass the waste management system?(if yes,notify DWO) ■ ❑ ❑ ❑ 2.Is there evidence of a past discharge from any part of the operation7 ■ ❑ ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Walers of the State other than ■ ❑ ❑ ❑ from a discharge? Waste Collection,Storage&Treatment Yes No NA HE 4.Is storage capacity lees than adequate? ■ ❑ ❑ ❑ If yes,is waste level into structural froeboard? ❑ 5.Are there any immediate threats to tho integrity of any of the structures observed(Led large trees,Suvera ❑ ❑ ■ ❑ erosion,seepage,ale.)? II Are there structures on-site that are not properly addressed andlor managed through a wash managemenl ❑ ■ ❑ ❑ or dDsura plan? 7.Do any of the structures need maintenance or improvement? ■ ❑ 0 p &Do any of the structures lack adequate markets as required by the pemlil?(Not applicable to roofed pits, ❑ ❑ ■ ❑ dry stacks andlor wet stacks) 9-Does any part of the waste management system other than the waste structures require maintenance or ■ ❑ ❑ ❑ ,� improvement? Otherlssues Yes No NA NE 28.Did the facility fail to property dispose of dead animals within 24 hours andlor document and report ❑ ■ ❑ ❑ mortality rates that exceed normal rates? 29-At the time of the inspection did the facility pose an ode or air quality corlcom? If yes,contact a regional ❑ ■ ❑ ❑ Air Quality representative immediately, 30.Did the facility fall to notify regional DWO of emergency situations as required by Permit?(i,e., discharge, Cl ❑ ■ ❑ freeboard problems,ovor-application) 31.Do subsurface file drains exist at the facility? ❑ ❑ ❑ ■ if yes,check the appropriate box below. Application Field ❑ Page'3 Page:4 Permit:AW0010010 Owner•Facility: Harold Woody Facility Number: 010010 Permit:AW0010010 Owner-Facility: Harold Woody Facility Number; 010010 inspection Oats: 0612012e13 Inspection Type: Ca nplinnce inspoet— Reason for Visit- F nowwp Inspecnn OaM- 0er202013 Inspection Type: Compllancn Inspe tl Reaenn roc Vlelt Fodow-up Other f sues Yes No NA NE Inspection Summary: Lagoon!Storage Pond ❑ 1.,2.,3.,4.,H 7.At least 231 cattle were observed on severely denuded lots or in various barns. Other ❑ Previous discharge from the concrete lot area was sell occurring.New discharge from push off ramp of old fraestall bam was documented. Both waste streams converged,and continued flowing downhill into the denuded ditch which leads to a UT to Mary's If Other,please specify Crook(NSW;Ciass-C).Animal waste was observed in the ditch.This ditch has been cleared of all vegetation,presumably in preparation for construction of the new waste storage pond.Construction has not yet begun, 32.Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ❑ ❑ In Cattle waste is not being contained to the barns,lots,and wet stack as some waste had run-off these areas. At least 52 cattle have ■ ❑ ❑ d access to a spring fed ditch which is severely eroded and completely denuded. 33.Did the Reviewerllnspeclor fad to discuss reviewfinspectipn with on-site representative? 33.1 called Mr.Woody at approximately 11:30am and told him I was in the area and would like to come by the farm and check on the 34.floes the facility require a follow-up visit by same agency? 000 progress of the new waste storage pond construction. He said that it had been very wet this Spring and that they had not started but would try to get equipment on site then"day or the day atler.He stated that he was in the field getting hay up and could not meet with me. I ask Mr.Woody if it was ok io look around for a few minutes without him being present.He said okay and to come on. I said I would be there about 12:00pm. 34,This facility is under a Consent Order to construct a pormaneni structure to contain the parlor and lot wastes by August 1,2013, Prior to August 1,2013 OWO will need to evaluate Mr.Woody's progress again. Page:5 Page:2 1 Rosebrock, Melissa * i From: Rosebrock, Melissa Sent: Wednesday, June 26, 2013 9:38 AM To: 'larrygraham54@gmail.com' Subject: RE: Triple W. Farms Hey Larry, Unfortunately the visit to Mr. Woody's farm was not encouraging. There was run-off of waste from the concrete lot that was/has flowed into the ditch and a new, much larger, discharge occurring from the push-off ramp of the old freestall barn. The ditch has had all vegetation removed, presumably in preparation for construction. No, the rain has not worked in favor of the construction but I had hoped that he was further along or had equipment on site and ready to go. If there was equipment, I did not see it. Please keep me updated as you have time. Thanks, Melissa Melissa Rosebrock E-mail Address:melissa.rosebrock@ncdenr.Rov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289;fax(336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Iar raham54@qmaii.com [mailto:larryaraham54@gmail.com] Sent: Thursday, June 20, 2013 4:44 PM To: Rosebrock, Melissa Subject: Triple W. Farms Hi Melissa. I have sent Harold several emails about being ready to begin construction on his new pond as soon as it was dry enough. I have been waiting on a call to tell me they have begun but so far I think it has been too wet to get started. It has been an unusually wet spring around here. I have let Harold know the importance of getting on with the program and I think his earth moving contractor knows the urgency as well. Thanks for the call earlier today. I hope your visit went well. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone! 910-944-1648 Fax: 910-944-1652 Email: larrygraham54Agmail.com 1 Division of Water Quality Division of Soil and Water Conservation ❑ Other Agency Facility Number: 010010 Facility Status: Inactive Permit: AWD010010 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Follow-up County: Alamance Region: Winston-Salem Date of Visit: 06/20/2013 Entry Time: 12.10 PM _ Exit Time: 01700 PM Incident M. Farm Name: Triole W Farms Owner Email: hwoodv2730bellsouth Owner: Harold WQodv Phone: 55Q-213-8644 Mailing Address: 3545 E Greensboro Rd Snow Camp NC 273,J9 Physical Address: 3545 E Greensboro-Chapel Hill Hwy Snow Camp NC 27349 Facility Status: ❑ Compliant Not Compliant Integrator: Location of Farm: Latitude: 35'54'15" Longitude: 79°17'60" Take 87 south 13 miles to Dauls Exxon-turn right-go 112 miles to farm on right. Question Areas: Dischrge&Stream Impacts Waste Col,Stor,&Treat Other Issues Certified Operator: Operator Certification Number: Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Harold Woody Phone: 336-213-8644 On-site representative Harold Woody Phone: 336-213-8644 Primary Inspector: Melissa Rosebrock Phone: Inspector Signature: Date: Secondary Inspector(s): Page: 1 Rosebrock, Melissa 0 0 From: larrygraham54@gmail.com Sent: Thursday, June 20, 2013 4:44 PM To: Rosebrock, Melissa Subject: Triple W. Farms Hi Melissa. I have sent Harold several emails about being ready to begin construction on his new pond as soon as it was dry enough. I have been waiting on a call to tell me they have begun but so far I think it has been too wet to get started. It has been an unusually wet spring around here. I have let Harold know the importance of getting on with the program and I think his earth moving contractor knows the urgency as well. Thanks for the call earlier today. I hope your visit went well. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54(ct��gmail.com 1 Rosebrock, Melissa 0 0 From: larrygraham54@gmail.com Sent: Tuesday, June 04, 2013 9:24 PM To: Rosebrock, Melissa Subject: Re: Triple W. Farms Hi Melissa. Not to my knowledge. I contacted Harold recently and told him to make progress as soon as possible. Last week was fairly dry but this week is wetter. I am going to stay on him to be ready to act when the dry window comes. Thanks Melissa. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54(o)__gmmail.com -----Original Message ----- From: Rosebrock Melissa To: lar raham54 mail.com Sent: Tuesday, June 04, 2013 3:11 PM Subject: RE: Triple W. Farms Hey Larry, Just checking to see if you were able to move any dirt last week? Melissa Rosebrock E-mail Address: melissa.rosebro_ckPncdenr.Rov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289;fax(336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygraham54@pmail.com [mailto:larrygraham54@ m om] Sent: Friday, May 24, 2013 3:55 PM To: Rosebrock, Melissa Cc: Harold Woody; Joshi, J.R.; Larick, Keith; Lawson, Christine Subject: Triple W. Farms Hi Melissa. I suppose you know it has been too wet to move dirt at Triple W. Farms since we held our pre-construction conference. But I think everybody is at the ready for a break in the weather. I will keep you posted on when earth moving begins. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 1 STATE,OF NORTH CARQLINA GENERAL COURT OF-JUSTICE -SUPCRIOR COURT DIVISION COUNTY 0E7ALAMANCE 12--CVS.l 8G4; STATE-OF_l\ORTH CAROLINA, ex rel., ) JOHN E. SKVARLA, Ill, Secretary, _NORTH ) CAIIOLINA-DEPARTMENT OF ) 'ENVIRONMENT AND.NATURAL. ) RESOURCES, DEPARTMENT OF WATER QUALITY, ) (Amended). ' CQNSENT;JUDGMENT _ .�lair►tzff, j V. ) TRIPLE W.. FARMS arid, ) HAROLD-WOODY, Defendants. The Sfaie of Nortli Carolina, upon the relation o#, the iAttofney'Generaf Roy'Coopei•"and 2E,.ir the N6"rtlt Carolina Departiiient of Ciivironulent end Natural Resources; hereinafter {"I)ENR," the "Department" or "Plaintiff"), Plaintifff hcrein, 6rq'tigh(fliis action to. coiiipel-Defendants .• g i 1'r x,. t,t ,. ;. E .l a1 t f ,, •', i k. i {r fti . Harold' Woody and Triple W. Farni"s ("Defendants") (o''cease_'and, refrain from, ol)enititij, e. T} "J or ,. '•�yi; J(• �l.r� i .-f..- t 1 t, �•r.d� i ..n Defendants` dairy 'f;rni (`'`ilie Farm") in violation of,Ndi'd, Caioliiza Gen Slat. ' §143.115A §-143-21 S.f OB-aiid§143-215•.1 OC. Defendant, Harold Woody is: listed wft the.Secte"taiy;of Stafe of No th,Carolh 6 as.the: registered agent far Defendant Trifle W..,Facnis=arid is,tl�e'operator of ire Parry which is lacaled in Snow• Camp, Nor�t1i'Carolina.. The facts and: violation are «sore specif icall+E stated iti tale Corn faint arid Motion !oi '[n�i �' _�_. y 1 .. . lncti,ve relief, .12`CVS ISG4„dated and -filed 4'.Sept6hb6r;2012, iiic6rob•ate.d,lidfcifi.by referq. _.1 I -August 2013', Defendants shall construct a peimatlent. structure;,that meets. current Natural Resources Conservation Service ("NRCS") Conservation Practice Standards to stone the iriilkiiig pArlot's. Waste water, 'and control fuii-off of waste from the lot, consistent"Wii1 the Permit so as to;dlsdonttliud illegal.dlscliarging alto Class C, NSW waters:` E C. Thi t within no snore than 150 days of the Order; but'not' later than August 2013, Defendants shall sitbniit' to DWQ's Central. Office, for-its approval, a completed and acceptable application Ur- a PerMit iii order to maintain- the farm's operation.containing more.than-one hundred (100) confined cattle, as rq ired by N.C. Geh.Stat..§ 143-2.V5.i3OC {a)ai d'(c) Y ' 4 �'Utiless 'otherwise stated lier'eii , fhe E'eli1edtal prov_tstans of'lltls. Order shall. be inipleii'iented within' 150'days df.tlie"Ordet,`4iut �iot'latet tif6t I 'Aiigust 2013; TII.C, ffective date 60.11'5 Order is'the date upon which it-is ahproved,and.entered by the,Couit. S. The above' conditions atid. rectiiirettlents,, as agreed to by the parties, ace Hereby made sliecif c flhdhigs and orddrs of th is'Court.4 6. '-.'The parties shall�dbrnply With all t6nis of thi§ Order. 7: Notliyiug iii`;tll�s Qrder.restricts Plaintiffs right lo` take ot lie f'ehforcenient action. agatiist.,pcferidatIt_s fol F1ny yiplattons;�iiot 'nosy, known io Plaintiff or raiiy, fittiire violatioiis; iileludin"r,;l3ut`nof litiiitecio, asscssi;iei�t of;civil.penalties. Defend'ants:do not waive any,of their - it. P rights to contest,or defend against.any s cti futu a enforcenietit.;actibm,foi'ViolaiiOtis not now � s knowti^to;Plainiiff or future violations. t3 The undersigned hereby-apply foe and.cmisent to the�modification of thi's Order: For the Plaintiff: For-the Defendants: NORTH-CAROLINA°DEPARTMENT TRIPLE W. FARMS and OF ENWRONMENT AND NATURAL HAROLD WOODY RESOURCES, DIVISION OF WATER QUALITY By: By- Keith tt �4 y� 3 Larick Harold Vhoody ROY_COOPER, Attorney General -- T'rip 4 . Far s an aWoody I3y: - 1 5 By; . - Aiiita LeVeaux R er Craig, Assistant Attorney General t.t.,._ney far the Defenda 's •Att6rifey'f6r,Pla1ntiff `S r � . FA AMANCE COt�N7Y F ILED STATE OF NORTH CAROLI 1N THE ENERAL COURT OF JUSTICE MA 4 2013 UPERIOR COURT DIVISION COUNTY OF ALAMANCE ►aT :CLOCI 12 CVS 1864 8Y STATE OF NORTH CAROLI JOHN E. SKVARLA, 111, Secretary, NORTH ) CAROLINA DEPARTMENT OF ) ENVIRONMENT AND NATURAL ) RESOURCES, DEPARTMENT OF ) WATER QUALITY, ) } CONSENT JUDGMENT Plaintiff, } V. ) TRIPLE W. FARMS and ) HAROLD WOODY, ) Defendants. ) The State of North Carolina, upon the relation of the Attorney General Roy Cooper and the North Carolina Department-of Environment and Natural Resources, hereinafter ("DENR," the "Department" or "Plaintiff'), Plaintiff herein, brought this action to compel Defendants Harold Woody and Triple W. Farms ("Defendants") to cease and refrain from operating Defendants' dairy farm ("the Farm") in violation of North Carolina Gen. Stat. §143-215.1 §143-215.l OB and §143-215.1 OC. Defendant, Harold Woody is listed with the Secretary of State of North Carolina as the registered agent for Defendant Triple W. Farms and is the operator of the Farm which is located in Snow Camp, North Carolina. The facts and circumstances relating to this violation are more specifically stated in the Complaint and Motion for Injunctive relief, 12 CVS 1864, dated and filed 4 September, 2012, incorporated herein by reference. 1 Plaintiff and Defendants hereby agree to the entry of this Consent Judgment in order to resolve the matter in controversy between the parties; and it appears to the Court that it has jurisdiction over the parties and over the subject matter, NOW THEREFORE, upon the consent of the parties, it is hereby ORDERED, ADJUDGED AND DECREED: 1. The Superior Court has jurisdiction of this action for injunctive relief for existing or threatened violations of various laws and rules regulations governing the protection of water resources pursuant to North Carolina Gen. Stat. § 7A-245, §143-215.6C, §143-215.10C (a) & (e); and for such other relief as the Court shall deem proper. 2. Alamance County is the proper venue for this action because the violations or threatened violations which are the subject of this action have occurred, are occurring and may occur in Alamance County. 3. Defendants accept responsibility and agree to the following: a. That within no more than 60 days of the effective date of the order ("Order"), the Defendants shall secure a valid Certified Animal Waste Management Plan ("CAWMP") as required by N.C. Gen. Stat. § 143-215.1OC (e); or shall penn-lanently reduce the herd size to less than 100 head of confined cattle until such time as a General Permit ("Permit") as required by N.C. Gen. Stat. § 143-215.1OC (a) and (b), has been issued. Plaintiff will conduct a site visit prior to issuance of the Permit. b. That within 60 days of the effective date of this Order, Defendants shrill construct a permanent structure that meets current Natural Resources Conservation Service ("NRCS") Conservation Practice Standards to store the milking parlor's waste 2 water, and control run-off of waste from the lot, consistent with the Permit so as to discontinue illegal discharging into Class C,NSW waters. C. That within no more than 90 days of the effective date of the Order, the Defendants shall submit to DWQ's Central Office, for its approval, a completed -and acceptable application for a Permit in order to maintain the farrn's operation containing more than one hundred (100) confined cattle, as required by N.C. Gen. Stat. § 143-215.1 OC(a) and (c). 4. Unless otherwise stated herein, the remedial provisions of this Order shall be implemented not later than sixty (60) days after the effective date of this Order. The effective date of this Order is the date upon which it is approved and entered by the Court. 5. The above conditions and requirements, as agreed to by the parties, are hereby made specific findings and orders of this Court. 6. "fhe parties shall comply with all terms of this Order. 7. Nothing in this Order restricts Plaintiffs right to take other enforcement action against Defendants for any violations not now known to Plaintiff or any future violations, including, but not limited to, assessment of civil penalties. Defendants do not waive any of their rights to contest or defend against any such future enforcement actions for violations not now known to Plaintiff or future violations. 8. The parties, with the Court's approval, may jointly modify the provisions of this Order. 3 9. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the Order, for purposes of determining any matters in dispute, and for purposes of determining any motions for further relief based on changes of circumstances. 10. The contempt provisions of Article 2, Chapter 5A of the North Carolina General Statutes shall be available to enforce this Consent Order. 11. This Order may be signed out-of-court, out-of-term, out-of-county and out-of- district. 12. The individual signing this Order on behalf of Triple W. Farms and Harold Woody, represent and warrant that he is authorized to execute this Order. The North Carolina Department of Environmental and Natural Resources, Division of Water Quality's signatories represent that they are authorized to execute this Order. SO ORDERED, "Phis the day of March 2013. Su=`� Le i ding 4 The undersigned hereby apply for and consent to the entry of this Order: For the Plaintiff: For the Defendants: NORTH CAROLINA DEPARTMENT TRIPLE W. FARMS and OF ENVIRONMENT AND NATURAL HAROLD WOODY RESOURCES, DIVISION OF WATER QUALITY By: By: 0l�'<77t'g pristine B i Lawson H Woody r . As to Form: ROY COOPER Attorney General,,-.� By: Anita LeVeaux� Assistant Attorney General N.C. Dept. of Justice Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 (9 19) 7 i 6-6600 Attorney for Plaintiff 5 a STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF ALAMANCE 12 CVS 1864 STATE OF NORTH CAROLINA, ex rel. } JOHN E. SKVARLA, Secretary, NORTH ) CAROLINA DEPARTMENT OF ) ENVIRONMENT AND NATURAL ) RESOURCES, DEPARTMENT OF } WATER QUALITY, } CONSENT ORDER Plaintiff, } } V. ) TRIPLE W. FARMS and } HAROLD WOODY, ) Defendants. WHEREAS The State of North Carolina, upon the relation of the Attorney General Roy Cooper and the North Carolina Department of Environment and Natural Resources, hereinafter ("DENR" or the "Department"), Plaintiff herein, brought this action to compel Defendants Harold Woody and Triple W. Farms to cease and refrain from operating Defendants' dairy farm in violations of North Carolina Gen. Stat. §143-215.1 §143-215.l OB and §143-215.1 OC. WHEREAS Defendant, Harold Woody is listed with the Secretary of State of North Carolina as registered agent for Defendant Triple W. Farms is operator of the Farm which is located in Alamance County in Snow Camp,North Carolina. WHEREAS the facts and circumstances relating to this violation are stated in the Complaint and Motion for Injunctive relief, 12 CVS 1864, dated and filed 4 September, 2012. WHEREAS the Complaint and Motion for Injunctive Relief was served by the Sheriff of Alamance County on 6 September, 2012. WHEREAS the Defendant had thirty (30) days from the date of receipt to respond to the Complaint and Motion for Injunctive Relief. WHEREAS the parties entered into settlement negotiations and now jointly submit this Consent Order for the approval of and entry by the Court, to fully resolve the claims asserted in the Complaint. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, and DECREED: JURISDICTION AND VENUE 1. The Superior Court has jurisdiction of this action for injunctive relief for existing or threatened violations of various laws and rules regulations governing the protection of water ,�T resources pursuant to North Carolina Gen. Stat. § 7A-245, §143-215.6C, §143-215.1 Oc a) & v Pe); and for such other relief as the Court shall deem proper. 2. Alamance County is the proper venue for this action because the violations or threatened violations which are the subject of this action have occurred, are occurring and may occur in Alamance County. FACTUAL STIPULATIONS 3. Triple W. Farms and Harold Woody agree, admit and accept responsibility for the following facts, as alleged in the Complaint: INJUNCTIVE RELIEF �o a. That within no more than. !days of the effective date of the order, the Defendants shall submit to DWQ's Central Office, for its approval, a complete application for a Permit in order to maintain the farm's operation containing more than one hundred (100) confined cattle, as required by N.C. Gen. Stat. § 143-215.10CQ b. That within 60 days of the effective date of the order, the Defendants shall secure a valid CAWMP as required by N.C. Gen. Stat. § 143-215.1OC (e); or shall permanently reduce the herd size to less than 100 head of confined cattle until such time as a Permit has been issued. la C. That within,90 days of the effective date of the order, Defendants shall construct a permanent structure to store the milking parlor's waste water, and control run- off of waste from the lot, consistent with the CAWMP, so as to discontinue illegal discharging into Class C, NSW waters. J 4. Unless otherwise stated herein, the �medialprovions of this Order shall be implemented not later than sixty (60) days after the effective date of this Order. The effective date of this Order is the date upon which it is approved and entered by the Court. MISCELLANEOUS PROVISIONS This Court has personal jurisdiction over the parties and subject matter jurisdiction over the controversy. The complaint states a claim upon which relief can be granted. This Consent Order entered into by the parties is fair and will terminate the controversy between them in regards to this proceeding. 5. The above conditions and requirements, as agreed to by the parties, are hereby made specific findings and orders of this Court. 6. The parties shall comply with all terms of this Consent Order. 7. Nothing in this Consent Judgment restricts Plaintiffs right to take other enforcement action against defendant for any violations not now known to Plaintiff or any future violations, including, but not limited to, assessment of civil penalties. Defendant does not waive any of its rights to contest or defend against any such future enforcement actions for violations not now known to Plaintiff or future violations. 8. The parties, with court approval, may jointly modify the provisions of this Consent Order, 9. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the Consent Order, for purposes of determining any matters in dispute, and for purposes of determining any motions for further relief based on changes of circumstances. 10. The contempt provisions of Article 2, Chapter 5A of the North Carolina General Statutes shall be available to enforce this Consent Order. 11. This Consent Order may be signed out-of-court, out-of-term, out-of-county and out-of-district. 12. The individual signing this Order on behalf of Triple W. Farms and Harold Woody, represent and warrant that he is authorized to execute this Order. The North Carolina Department of Environmental and Natural Resources, Division of Water Quality's signatories represent that they are signing this order in their official capacities and are authorized to execute this Order. SO ORDERED, This the day of March 2013. Superior Court Judge Presiding The undersigned hereby apply for and consent to the entry of this Order: For the Plaintiff NORTH CAROLINA DEPARTMENT TRIPLE W. FARMS and OF ENVIRONMENT AND NATURAL HAROLD WOODY RESOURCES, DIVISION OF WATER QUALITY By: ROY COOPER Harold Woody Attorney General For the Defendants By: Anita LeVeaux Assistant Attorney General N.C. Dept. of Justice Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 (919) 716-6600 Attorney for Plaintiff By: Kathryn Jones Cooper Special Deputy Attorney General N.C. Dept. of Justice Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 Factual Allegations 23. Defendant Woody both operates and is the registered agent for the Triple W. Farms, (hereinafter the "Farm"), a dairy operation located in Alamance County at 3545 East Greensboro-Chapel Hill Highway, Snow Camp, North Carolina 27349. A copy of the Farm's Article of Incorporation and 2011 Annual Report are attached hereto and incorporated here in as Exhibit 1. 24. Mary's Creek, which is downhill from the Farm, including the concrete cattle lot, is classified as a Class C water of the State and a Nutrient Sensitive Water ("NSW"). It is designated a NSW in order to limit the discharge of nutrients (usually nitrogen and phosphorus). Mary's Creek and unnamed tributaries flowing into it are waters of the State under N.C. Gen. Stat. § 143-215.1 pursuant to N.C. Gen. Stat. § 143-212(6). 25, Mary's Creek flows into the Haw River, which is a tributary of the Cape Fear River. 26. On February 1, 1993, the Farm was deemed permitted as a non-discharge facility with less than 100 head of cattle in accordance with N.C. Gen. Stat. § 143-215.1(b)(4)e and 15A N.C.A.C. 2T .1303. 27. On February 2, 1994, Defendants were issued a Notice of Violation ("NOV") for late submittal of"Registration Form for Animal Feedlot Operations." A copy of the NOV is attached hereto and incorporated herein by reference as Exhibit 2. 28. On January 22, 1997, Harold Woody was issued an NOV for discharging in excess of Best Management Practices after DWQ observed animal waste discharging from the i • . feedlot and silage storage areas. A copy of the NOV is attached hereto and incorporated herein by reference as Exhibit 3. 29, On March 13, 1997 the Natural Resources Conservation Service ("NRCS") sent a letter relating to the above NOV to defendant Woody. A copy of the letter is attached hereto and incorporated herein by reference as Exhibit 4. 30. On April 3, 1997, Defendants were issued an NOV for failing to designate an Operator in Charge. A copy of the NOV dated April 3, 1997 is attached hereto and incorporated herein by reference as Exhibit 5. 31. A January 26, 1998, DWQ letter documents that Defendants were continuing to allow runoff of waste from the farm. A copy of the letter is attached hereto and incorporated herein by reference as Exhibit 6. 32. On October 15, 1998, Defendants signed and submitted a "Request for Removal of Registration" form to DWQ. Defendants claimed a reduction in the dairy operation's herd size to below a total of one hundred head of confined cattle and a permit under N.C. Gen. Stat. § 143-215.1 OC(a) was no longer required. Defendants' signed request conceded and acknowledged, "Any expansion to this facility would require [them] to apply for, and obtain a permit prior to expansion." A copy of the signed document is attached hereto and incorporated herein by reference as Exhibit 7. 33. On March 5, 1999, DWQ acknowledged receipt of Defendant's Request for Removal of Registration. A copy of the acknowledgement is attached hereto and incorporated herein as Exhibit $. 34. On February 26, 2009, staff of the Winston-Salem Regional Office of the DWQ made a site visit in response to an anonymous complaint alleging that the Defendant maintained more than one hundred head of confined cattle without an Animal Waste Management System permit and thereby violated N.C. Gen. Stat. § 143-215.14C. 35. During the February 26, 2009 site visit, DWQ's staff confirmed the N.C. Gen. Stat. § 143-215.1 OC violation through conversation with Defendants, observation of the cattle herd, and review of the Farm's milk-production records. A copy of the inspection report is attached and incorporated herein by reference as Exhibit 9. 36. During the February 26, 2009 site visit, Defendants also admitted to maintaining more than one hundred head of cattle for at least two years. 37. In a letter dated April 1, 2009, DWQ notified Defendant that it was considering enforcement action against him per N.C. Gen. Stat. §§ 143-215.1, 215.1013, and 215.1OC. Defendants were informed a response must be returned to DWQ within ten (10) days from receipt of the notice and that they had sixty (60) days to submit a State Application for New or Expanding Animal Waste Operations along with supporting documents. Defendants were also made aware of potential civil penalties up to $25,000/day per violation of N.C. Gen. Stat. § 143- 215.1. Another NOV/NOI was issued April 1, 2009 for failure to apply for a permit. A copy of the letter and NOV are attached hereto and incorporated herein by reference as Exhibit 10. W oc)A LL 10 00 38. On May 1, 2009, DWQ's staff visited the Farm.again to assess environmental impacts. The staff visually confirmed violations, including: two to eight (2 to 8) inches of sediment and waste deposited into Mary's Creek from approximately twenty-eight hundred (2,800) linear feet of severely eroded and denuded stream banks and riparian areas. A copy of the inspection report and pounds of milk per cow records are attached hereto and incorporated herein by reference as Exhibit 11, 39. During the May 1, 2009 visit, DWQ's staff confirmed that at least 160 cattle from the farm had access to the Class C NSW stream. 40. During the May 1, 2009 visit, DWQ's staff observed algal growth in the stream as well as foam, sludge worms, and waste odor. 41. DWQ believes that Defendants must construct and maintain waste storage facilities consistent with the Permit which includes a Certified Animal Waste Management Plan ("CA WMP"). 42. DWQ considered Defendants' failure to apply for a Permit to have been "committed willful and intentional" because Defendants acknowledged in the signed and submitted "Request for Removal of Registration," dated October 15, 1998 and noted supra, that a CAWMP and Permit prior to expansion was required. 43. Also, DWQ considered Defendants' stream standard violation to have been "willful and possibly intentional" because letters from DWQ and from the Alamance [County] Soil and Water Conservation District in 1998 and 1997 respectively demonstrate that Defendants had previously received technical assistance and guidance on proper measures and management techniques necessary to control run-off of waste into the stream. r-{ 44. DWQ noted that Defendants had been cooperative, readily allowed DWQ staff on the property and actively participated in the investigation. Defendants also requested technical assistance from the Alamance County Soil and Water Conservation District and participated in the April 21, May 28, and June 10, 2009 on-site reviews and evaluations. 45. DWQ sent Defendants an NOV/Notice of Intent to Enforce, dated May 15, 2009, for"Removal of Best Usage," in violation of 15A N.C.A.C. 213 .0211(2), and for"Other Wastes Violation," in violation of 15A N.C.A.C. 2B .0211(3)(f). A copy of the NOV/Notice of Intent to Enforce is attached hereto and incorporated herein by reference as Exhibit 12. 46. On February 16, 2010, DWQ assessed Defendants a civil penalty of nine thousand and ninety-two dollars and six cents ($9,092.06), for operating an Animal Waste Management System without a required Permit and for discharge into at least 2,800 linear feet of stream, the waters of the State. A copy of the notice of Assessment of Civil Penalties is attached hereto and incorporated herein by reference as Exhibit 13. 47. Also, in a separate letter dated February 25, 2010, DWQ notified Defendants that per N.C. Gen. Stat. § 143-215.1 OC they must apply for coverage under an Animal Waste Operation General Permit and that operation of the facility must cease until the application was submitted. The unfinished application, previously sent to DWQ, was to be completed and sent to DWQ within sixty (60) days of Defendants' receipt of the February 25, 2010 letter. A copy of the letter is attached hereto and incorporated herein by reference as Exhibit 14. 48. On May 27, 2010, Defendants were notified by DWQ that the Permit application lacked a number of required items including an Animal Waste Management Plan Certification and a waste storage pond design, both of which were required in a completed application. Defendants did not respond to this request. A copy of the letter is attached hereto and incorporated herein by reference as Exhibit 15. 49. On February 16, 2011, DWQ reminded Defendant that the application for an Animal Waste Operation General Permit had been returned as "incomplete." The letter also acknowledged receipt of Defendants' February 15, 2011 final payment of seven hundred and ` fifty-seven dollars and sixty-seven cents ($757.67), and declared the above penalty "paid in full" but reminded Defendants that the penalty's payment did not preclude further State action for violations of the State's environmental laws. A copy.of the letter is attached hereto and incorporated herein by reference as Exhibit 16. 50. On June 16, 2011, a second NOV/Notice of Intent to Enforce was sent to Defendants for operating without a Permit. A copy of the NOV is attached hereto and incorporated herein by reference as Exhibit 17. 51. On April 24, 2012, DWQ staff inspected the Farm and observed that animal waste continued to discharge from the concrete cattle lot and flowed downhill into Mary's Creek. A copy of the copy of the April 24, 2012 Inspection Report is attached hereto and incorporated herein by reference as Exhibit 18. 52. During the April 24, 2012 site visit, DWQ staff confirmed that at least 225 head of cattle were confined in various stalls, dry packs and barns. See Exhibit IS. 53. During the April 24, 2012 site visit, an inspection of on-site records showed that, as of March, 2012, the farm's milking herd numbered two hundred fifteen (215) head of cattle, while the total number was three hundred (300) and exceeded the animal operation threshold since 2006, in violation of N.C. Gen. Stat. § 143-215.10C(a). See Exhibit 18. 54. In response to the April 24, 2012 site visit, DWQ sent Defendants an NOV/ Notice of Intent to Enforce, dated April 27, 2012. The NOV/Notice of Intent to Enforce reminded Defendants of the June, 2011 NOV/Notice of Intent to Enforce referenced supra and notified Defendant that to date DWQ had not received a written response regarding either the Permit application or the cattle herd size. 55. DWQ's April 27, 2012 letter notified Defendants of the above violations confirmed by the April 24, 2012 site visit. This letter reiterated the following: that Defendants were in violation of N.C. Gen. Stat. §§ 143-215.1(a), 215.10B and 215.10C; that Defendants should respond within ten (10) days of receipt; and that Defendants could be penalized up to $25,000 per day per violation along with potential criminal penalties for violating State environmental laws and regulations. A copy of the April 27, 2012 letter is attached hereto and incorporated herein by reference as Exhibit 19. 56. In a letter dated May 14, 2012, Defendants responded to DWQ to "clarify observation #1" [regarding discharges from cattle lot], to update DWQ on progress "made towards facility construction that is part of the plan that will be submitted with an updated permit application," to give an anticipated time for submitting an updated application, and to inform DWQ of extenuating circumstances affecting Defendants' facility's construction efforts and application submissions. A copy of Defendants' letter is attached hereto and incorporated herein by reference as Exhibit 20. 57. As of July 31, 2012, Defendants lack a permanent structure to store waste water from the milking parlor and DWQ believes the Farm will continue to illegally discharge. 58. As of July 31, 2012, Defendants have not secured an animal waste management plan certification, as required by N.C. Gen. Stat. § 143-215.1OC. 59. As of July 31, 2012, Defendants have failed to submit a complete application for a Permit and continued operations are in violation of N.C. Gen. Stat. § 143-215.1 OC(a). CLAIMS FOR RELIEF 60. The allegations contained in paragraphs 1 through 59 are incorporated into these claims for relief as if fully set forth herein. 61. The continued operation of Defendants' animal waste system without an adequate Permit and valid CAWMP which includes a permanent structure to store waste water from the milk parlor will result in continued illegal discharges into the waters of the State. A permanent structure to store the milking parlor's waste water must be constructed, and Defendants, per N.C. Gen. Stat. § 143-215.1 OC, must complete an application for a Permit' in order to continue the operation of Defendants' confined cattle facility. PRAYER FOR RELIEF WHERFORE, the Plaintiff, State of North Carolina, prays that the Court grant to it the following relief: 1. That the Court accepts this verified complaint as an affidavit upon which to base all orders of the Court. 2. That the Court enters a preliminary injunction order after notice and hearing requiring Defendants to immediately do the following: ' If Defendants Permanently Reduce the herd size to less than 100 head of confined cattle a Permit would NOT be required. With or without a Permit there can be no discharge to the waters of the State. (Emphasis Added) o 0 a. That within no more than 30 days of the effective date of the order, the Defendants shall submit to DWQ's Central Office, for its approval, a complete application for a Permit in order to maintain the farm's operation containing more than one hundred (100) confined cattle, as required by N.C. Gen. Stat. § 143-215.10C(c). b. That within 30 days of the effective date of the order, the Defendants shall secure a valid CAWMP as required by N.C. Gen. Stat. § 143-215.10C (e); or shall permanently reduce the herd size to less than 100 head of confined cattle until such time as a Permit has been issued. C. That within 90 days of the effective date of the order, Defendants shall construct a permanent structure to store the milking parlor's waste water, and control run- off of waste from the lot, consistent with the CAWMP, so as to discontinue illegal discharging into Class C, NSW waters. 3. That after a full hearing on the merits the preliminary injunction be made permanent. 4. That the Court's order provides that the injunction shall be enforceable by and through the contempt powers of this Court pursuant to Chapter 5A of the North Carolina General Statutes. 5. That the cost of this action, including attorney fees, if allowable, be taxed to the Defendant. 6. To grant such other and further relief as the Court deems just and proper. Respectfully submitted, this the day of August 2012. ROY COOPER Attorney General STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF ALAMANCE 12 CVS 1864 STATE OF NORTH CAROLINA, ex rel., ) JOHN E. SKVARLA, III, Secretary, NORTH ) CAROLINA DEPARTMENT OF ) ENVIRONMENT AND NATURAL ) RESOURCES, DEPARTMENT OF } WATER QUALITY, ) CONSENT JUDGMENT Plaintiff, ) } V. ) TRIPLE W. FARMS and ) HAROLD WOODY, ) Defendants. ) The State of North Carolina, upon the relation of the Attorney General Roy Cooper and the North Carolina Department of Environment and Natural Resources, hereinafter ("DENR," the "Department" or "Plaintiff'), Plaintiff herein, brought this action to compel Defendants Harold Woody and Triple W. Farms ("Defendants") to cease and refrain from operating Defendants' dairy farm ("the Farm") in violation of North Carolina Gen. Stat. §143-215.1 §143-215.1 OB and §143-215.1 OC. Defendant, Harold Woody is listed with the Secretary of State of North Carolina as the registered agent for Defendant Triple W. Farms and is the operator of the Farm which is located in Snow Camp,North Carolina. The facts and circumstances relating to this violation are more specifically stated in the Complaint and Motion for Injunctive relief, 12 CVS 1864, dated and filed 4 September, 2012, incorporated herein by reference. 1 .Plaintiff and Defendants hereby agree to the entry of this Consent Judgment in order to resolve the matter in controversy between the parties; and it appears to the Court that it has jurisdiction over the parties and over the subject matter. NOW THEREFORE, upon the consent of the parties, it is hereby ORDERED, ADJUDGED AND DECREED: 1. The Superior Court has jurisdiction of this action for injunctive relief for existing or threatened violations of various laws and rules regulations governing the protection of water resources pursuant to North Carolina Gen. Stat. § 7A-245, §143-215.6C, §143-215.1 OC (a) & (e); and for such other relief as the Court shall deem proper. 2. Alamance County is the proper venue for this action because the violations or threatened violations which are the subject of this action have occurred, are occurring and may occur in Alamance County. 3. Defendants accept responsibility and agree to the following: a. That within no more than 60 days of the effective date of the order, the Defendants shall secure a valid Certified Animal Waste Management Plan ("CAWMP" or "Permit") as required by N.C. Gen. Stat. § 143-215.1OC (e); or shall permanently reduce the herd size to less than 100 head of confined cattle until such time as a Permit has been issued. Plaintiff will conduct a site visit prior to issuance of the Permit.move to C. b. That within 60 days of the effective date of this order ("Order"), Defendants shall construct a permanent structure that meets current Natural Resources 2 Conservation Service Practice Standards (`'MRCS") to store the milking parlor's waste water, and control run-off of waste from the lot, consistent with the Permit, so as to discontinue illegal discharging into Class C, NSW waters. C. That within no more than 90 days of the effective date of the order, the Defendants shall submit to DWQ's Central Office, for its approval, a completed and acceptable application for a Permit in order to maintain the farm's operation containing more than one hundred (100) confined cattle, as required by N.C. Gen. Stat. § 143- 215.1 OC(c). 4. Unless otherwise stated herein, the remedial provisions of this Order shall be implemented not later than sixty (60) days after the effective date of this Order. The effective date of this Order is the date upon which it is approved and entered by the Court. 5. The above conditions and requirements, as agreed to by the parties, are hereby made specific findings and orders of this Court. 6. The parties shall comply with all terms of this Order. 7. Nothing in this Order restricts Plaintiff's right to take other enforcement action against Defendants for any violations not now known to Plaintiff or any future violations, including, but not limited to, assessment of civil penalties. Defendants do not waive any of their rights to contest or defend against any such future enforcement actions for violations not now known to Plaintiff or future violations. 8. The parties, with the Court's approval, may jointly modify the provisions of this Order. 3 9. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the Order, for purposes of determining any matters in dispute, and for purposes of determining any motions for further relief based on changes of circumstances. 10. The contempt provisions of Article 2, Chapter 5A of the North Carolina General Statutes shall be available to enforce this Consent Order. 11. This Order may be signed out-of-court, out-of-term, out-of-county and out-of- district. 12. The individual signing this Order on behalf of Triple W. Farms and Harold Woody, represent and warrant that he is authorized to execute this Order. The North Carolina Department of Environmental and Natural Resources, Division of Water Quality's signatories represent that they are authorized to execute this Order. SO ORDERED, This the day of March 2013. Superior Court Judge Presiding 4 The undersigned hereby apply for and consent to the entry of this Order: For the Plaintiff: For the Defendants: NORTH CAROLINA DEPARTMENT TRIPLE W. FARMS and OF ENVIRONMENT AND NATURAL HAROLD WOODY RESOURCES, DIVISION OF WATER QUALITY By: By: Christine Blanton Lawson Harold Woody As to Form: ROY COOPER Attorney General By: Anita LeVeaux Assistant Attorney General N.C. Dept. of Justice Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 (919) 716-6600 Attorney for Plaintiff 5 Re: Just checking larrygraham54@gmail.com Sent:Monday,April 22, 2013 1:05 PM To: Rosebrock,Melissa; hwoody273 [hwoody273@bellsouth.net) Cc: Larick, Keith; Joshi,J.R. Hi Melissa. Here is an update on the Triple W. Farms (TWF) project. 1) Harold Woody has been very helpful and eager to get everything lined up and in place. I am trying to do as much of this work as I can for him since I understand his financial situation and am pulling out as many stops as possible to keep his costs under control. Otherwise he can't afford to do the work. We are making considerable progress. 2) 1 have spent a considerable amount of time over the last 4 weeks trying to get someone from one of the Government agencies to perform PLAT for TWF but so far nobody has agreed to do the work. As you know Phil Ross with the Alemance County Soil and Water Conservation Service had agreed to do this work on several occasions over a long period of time but for some unexplained reason he backed out at the last minute. Since hiring a consultant to do the work seems to be the only option for TWF I am getting some estimates, but this only adds to the financial cost of the project. If you have any suggestions as to a government agency that would do this work, please let me know. 3) Harold told me he has pulled soil samples and waste samples and taken them to NCDA for analyses. He is supposed to be getting me the maps or at least the locations of the fields where he plans to apply his scraped waste. I have agreed to develop his crop/waste management plan based on nitrogen limitations, but PLAT results could change that. I am working on the plan now so we will have something ready by the time the waste storage pond is completed. 4) Since I last spoke to you I had to revise the pond design since I discovered a culvert which transferred stormwater to the drainage area we are considering. Since the stormwater routing could not be changed I had to do some last minute scrambling to recalculate pond size, 25 year - 24 hour storm containment, etc. As of today plans for the new stormwater containment pond are finished except for the final drawings. To add complexity to my efforts, my plotter quit early last week and I have had a hard time finding someone that could plot out the drawings using my CAD program. Parts are ordered for my plotter but it is going to take 2 more weeks to get them in and installed. I found someone that should be able to plot them out so hopefully I will have the drawings printed out by Tuesday or Wednesday of this week if all goes according to plan. I hope to drive them to Raleigh so JR and I can discuss them. 1 will call JR to see if this works for him. 5) Harold told me he has removed some brush and trees from the pond site in preparation for earth moving. I have not been to the farm since any vegetation work took place. 6) 1 told Harold not to begin pond construction until we received permission from DWQ. I think that is what Harold was talking about in his email to you. There have been numerous twists and turns on this project (like Phil's withdrawal) that have caused us delays. I think the contractor is ready to.begin work on the pond as soon as we have the green light. That is a wrap right now. Let me know if you have any questions. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54(aDg mail.com ----- Original Message ----- From: Rosebrock Melissa To: hwoody273 Cc: Larry Graham ; Larick, Keith ; Joshi, J.R. Sent: Monday, April 22, 2013 10:55 AM Subject: RE: Just checking Harold and Larry, From whom are you waiting on permission? I've checked with DWQ and it's not us. Thanks, Melissa From: hwoody273 [hwoody273@bellsouth.net] Sent: Thursday, April 18, 2013 8:49 PM To: Rosebrock, Melissa Subject: RE: Just checking We have progressed very will on the pound sight but on hold at the moment, waiting for permission from Raleigh to start moving dirt for the dam -----Original Message----- From: Rosebrock, Melissa [mailto:me]issa.rosebrock@ncdenr.gov] Sent: Thursday, April 18, 2013 2:46 PM To: lar!Y9raham540&gmail.com; Harold Woody Cc: Larick, Keith Subject: Just checking May stop by the farm next week. How are things progressing? Thanks, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterguality.or� E-mail correspondence to and from this address may be subject to the ti STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF ALAMANCE 12 CVS 1864 STATE OF NORTH CAROLINA, ex rel., } JOHN E. SKVARLA, III, Secretary, NORTH } CAROLINA DEPARTMENT OF } ENVIRONMENT AND NATURAL ) RESOURCES, DEPARTMENT OF ) WATER QUALITY, ) (Amended) CONSENT JUDGMENT Plaintiff, ) V. ) TRIPLE W. FARMS and } HAROLD WOODY, ) Defendants. ) The State of North Carolina, upon the relation of the Attorney General Roy Cooper and the North Carolina Department of Environment and Natural Resources, hereinafter ("DENR," the "Department" or "Plaintiff'), Plaintiff herein, brought this action to compel Defendants Harold Woody and Triple W. Farms ("Defendants") to cease and refrain From operating Defendants' dairy farm ("the harm") in violation of North Carolina Gen. Slat. §143-215.1 §143-215,1 OB and §143-215.1 OC. Defendant, 1-larold Woody is listed with the Secretary of State of North Carolina as the registered agent for Defendant Triple W. Farms and is the operator of the Farm which is located in Snow Camp, North Carolina. The facts and circumstances relating to this violation are more specifically stated in the Complaint and Motion for Injunctive relief, 12 CVS 1864, dated and filed 4 September, 2012, incorporated herein by reference. l Plaintiff and Defendants hereby agree to the entry of this Consent Judgment in order to resolve the matter in controversy between the parties; and it appears to the Court that it has jurisdiction over the parties and over the subject matter. NOW THEREFORE, upon the consent of the parties, it is he►•eby ORDERED, ADJUDGED AND DECREED: 1. The Superior Court has jurisdiction of this action for injunctive relief for existing or threatened violations of various laws and rules regulations governing the protection of water resources pursuant to North Carolina Gen. Stat. § 7A-245, §143-215.6C, §143-215.t 0C (a) & (e); and for such other relief as the Court shall deem proper. 2. Alamance County is the proper venue for this action because the violations or threatened violations which are the subject of this action have occurred, are occurring and may occur in Alamance County. 3. Defendants accept responsibility and agree to the following: a. That within no more than 150 days of the effective date of the order. ("Order"), but not later than 1 August 2013 the Defendants shall Secure a valid Certified Animal Waste Management Plan ("CAWMP") as required by N.C. Gen. Stat. § 143- 215.10C (e); or shall permanently reduce the herd size to less than 100 head of confined cattle until such tune as a Certificate of Coverage under a General Permit (`permit") as required by N.C. Gen. Stat. § 143-215.10C (a) and (b), has been issued. Plaintiff will conduct a site visit prior to issuance of the Permit. b. That within no more than 150 days of the Order, but not later than 2 I August 2013, Defendants shall construct a permanent structure that meets current Natural Resources Conservation Service ("NRCS") Conservation Practice Standards to store the milking parlor's waste water, and control run-off of waste from the lot, consistent with the Permit so as to discontinue illegal discharging into Class C, NSW waters. c. That within no more than 150 days of the Order, but not later than I August 2013, Defendants shall submit to DWQ's Central Office, for its approval, a completed and acceptable application for a Permit in order to maintain the farm's operation containing more than one hundred (100) confined cattle. as required by N.C. Gen. Stat. § 143-215.1 OC (a) and (c). 4. Unless otherwise stated herein, the remedial provisions of this Order shall be implemented within 150 days of the Order, but not later than l August 2013. The effective date of this Order is the date upon which it is approved and entered by the Court. 5. The above conditions and requirements, as agreed to by the patties, are hereby made specific findings and orders of this Court. 6. The parties shall comply with all terms of this Order. 7. Nothing in this Order restricts Plaintiffs right to take other enforcement action against Defendants for any violations not now known to Plaintiff or any future violations, including, but not limited to, assessment of civil penalties. Defendants do not waive any of their rights to contest or defend against any such future enforcement actions for violations not now known to Plaintiff or future violations. 3 S. The parties, with the Court's approval, may jointly modify the provisions of this Order. 9. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the Order, for purposes of determining any matters in dispute, and for purposes of determining any motions for further relief based on changes ofcircumstances. 10. The contempt provisions of Article 2, Chapter 5A of the North Carolina General Statutes shall be available to enforce this Consent Order. 11. This Order may be signed out-of-court, out-of-term, out-of-county and out-cf- district. 12. The individual signing this Order on behalf of Triple W. Farms and Harold Woody, represent and warrant that lie is authorized to execute this Order. The North Carolina Department of Environmental and Natural Resources, Division of Water Quality's signatories represent that they are authorized to execute this Order. SO ORDERED, This the day of May 2013. Superior Court Judge Presiding 4 The undersigned hereby apply for and consent to the modification of this Order: For the Plaintiff: For the Defendants: NORTH CAROLINA DEPARTMENT TRIPLE W. FARMS and OF ENVIRONMENT AND NATURAL HAROLD WOODY RESOURCES, DIVISION OF WATER QUALITY By: By: W 612�i--, Keith Larick Hai-old Woody ROY COOPER Attorney General ;y: s an a Woody By: % B Anita LeVeaux Assistant Attorney General e Defends s Attorney for Plaintiff 5 RE: Just checking Rosebrock, Melissa Sent:Monday,April 22, 2013 10:55 AM To: hwoody273 [hwoody273@bellsouth.net] Cc: Larry Graham[iarrygraham54@gmail.com]; Larick, Keith;Joshi,J.R. Harold and Larry, From whom are you waiting on permission? I've checked with DWQ and it's not us. Thanks, Melissa From: hwoody273 [hwoody273@bellsouth.net] Sent: Thursday, April 18, 2013 8:49 PM To: Rosebrock, Melissa Subject: RE: Just checking We have progressed very will on the pound sight but on hold at the moment, waiting for permission from Raleigh to start moving dirt for the dam -----Original Message----- From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenr.gov] Sent: Thursday, April 18, 2013 2:46 PM To: larrygraham54@gmail.com; Harold Woody Cc: Larick, Keith Subject: Just checking May stop by the farm next week. How are things progressing? Thanks, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289;fax (336) 771-4630 www.ncwatergualityorg E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. Rosebrock, Melissa From: larrygraham54@gmail.com Sent: Wednesday, March 27, 2013 3:29 PM To: Rosebrock, Melissa; Phil Ross Cc: Euliss, Amy; Harold Woody ; Larick, Keith Subject: Re: Harold Woody Dairy Blue Line Stream Hi Melissa. l appreciate Phil sending all of us this map with the dimensions. I was out of the office Monday and Tuesday so I was unable to look this up. From what I had seen on the farm, we met the 100 feet set-backs from the blue line stream and our plan is to not have the inner rim of the pond closer than 100 feet to the water well. FYI -The drainage way in which we plan to install the pond is normally dry, but I did not want to call you about this until I had a chance to get back to the office and look at the USGS topo map. Again, thanks for.the information and your help. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: laruoraham54@gmail.com ----- Original Message ----- From: Rosebrock, Melissa To: Phil Ross Cc: Euliss, Amy ; Harold Wood ; Larick, Keith ; Iar(ygraham54C�gmail.com Sent: Tuesday, March 26, 2013 10:19 AM Subject: FW: Harold Woody Dairy Blue Line Stream Phil, Thanks for forwarding the requested information. Good news for all concerned. Although the proposed WSP will be closer than the old waste tank, it still meets the 100' NRCS setback requirement. Thanks again for your time and assistance. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 5S5 Waughtown Street,Winston-Salem, NC 27107 (336)771-5289;fax(336)771-4630 www,ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina public Records Law and may be disclosed to third parties. From: Phil Ross fmailto:Phil.Ross@alamance-nc.com] Sent: Tuesday, March 26, 2013 10:09 AM To: Rosebrock, Melissa Subject: Harold Woody Dairy Blue Line Stream Hi Melissa, 1 As requested 1 measured the distance too6SGS Blue line stream using the county GIS*the existing Waste Tank to the stream was 737 Feet. I also measured it off of the actual USGS map (the Saxaphaw Quad) and it was Aprox.800 Feet. This should allow sufficient space for a WSP construction. Both maps show the actual Blue line stream in the same place see attached. PfiiC4?gss District Conservation Adm. Alamance Soil and Water Conservation District phone: 336-228-1753 ext.3 Fax:336-513-5565 2 Rosebrock, Melissa From: Rosebrock, Melissa Sent: Tuesday, March 26, 2013 10:20 AM To: 'Phil Ross' Cc: Euliss, Amy; Harold Woody ; Larick, Keith; 'larrygraham54@gmail.com' Subject: FW: Harold Woody Dairy Blue Line Stream Attachments: Harold Woody Dairy Blueline Stream.pdf Phil, Thanks for forwarding the requested information. Good news for all concerned. Although the proposed WSP will be closer than the old waste tank, it still meets the 100' NRCS setback requirement. Thanks again for your time and assistance. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.sov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289;fax(336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Phil Ross [mailto:Phil.Ross@alamance-nc.com] Sent: Tuesday, March 26, 2013 10:09 AM To: Rosebrock, Melissa Subject: Harold Woody Dairy Blue Line Stream Hi Melissa, As requested I measured the distance to the USGS Blue line stream using the county GIS from the existing Waste Tank to the stream was 737 Feet. I also measured it off of the actual USGS map (the Saxaphaw Quad) and it was Aprox.800 Feet. This should allow sufficient space for a WSP construction. Both maps show the actual Blue line stream in the same place see attached. rPhiC(R9ss District Conservation Adm. Alamance Soil and Water Conservation District phone: 336-228-1753 ext.3 Fax: 336-513-5565 3 s� 90 ,3 - LA 7~ 3 ) �v A73 . 1 Rosebrock, Melissa -09 From: Rosebrock, Melissa Sent: Friday, March 22, 2013 1:59 PM To: 'LeVeaux, Anita' Cc: Larick, Keith; Knight, Sherri; Mitchell, Patrick Subject: RE: Triple W. Farms Attachments: IMG_0018.JPG; DSCN2883.JPG; DSCN2896.JPG; IMG_0013.JPG All: I visited the Mr. Woody's farm this morning. Several things concern me and I discussed these items with Mr. Woody and will put in my written report: 1. Farm is still WAY over 100 cattle. 2. The stakes marking the placement of the yet to be constructed WSP are within 100 feet of what I would consider a blue-line stream. Will talk with Larry Graham about this. 3. There is still waste discharging from the lot in two places. Today, one discharge was being contained in a denuded field with an earthen berm but the waste was washing around it (#2883 and #2896). Waste discharge stopped just a few feet short of the trib. The second discharge from the lot is (#18) still several hundred feet from the trib. 4. Many cattle still have access to the stream---and we observed sludge worms today (#13). 5. Mr. Woody still says Phil Ross is writing his waste plan. I ask Mr. Woody if he had confirmed that with Phil and he said "they" (Larry Graham and Phil) were still discussing it and that he had not spoken with Phil Ross directly. I ask Mr. Woody to call Phil himself because I had received an email from him to the contrary. This is just a quick summary. I also explained to Mr. Woody that he, DWQ, and the judge agreed that the CAWMP and the waste pond will/must be completed within 60 days of when we were in court. I ask Mr. Woody if he had any questions or needed me to explain what was expected and he said no. He was very pleasant and readily answered my questions. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax(336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: LeVeaux, Anita [mailto:ALEVEAUX0)ncdoj gov] Sent: Thursday, March 21, 2013 11:49 AM To: Rosebrock, Melissa; Larick, Keith Cc: Knight, Sherri Subject: RE: Triple W. Farms I've talked with Mr. Woody's attorney and he is going to try to contact him to see what he can do. Thanks Anita From: Rosebrock, Melissa [mailto:m .rosebrock ncdenr. ov] Sent: Thursday, March 21, 2013 8:2 To: LeVeaux, Anita; Larick, Keith Cc: Knight, Sherri Subject: FW: Triple W. Farms I foresee some problems meeting the consent order..... Phil had always told me they were not going to do the CAWMP and that Harold had not called to ask for their assistance. Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336)771-5289;fax(336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygraham54@gmail.com [mailto:larrygraham54@gmail.com] Sent: Wednesday, March 20, 2013 2:58 PM To: Rosebrock, Melissa Cc: Harold Woody Subject: Triple W. Farms Hi Melissa. I wanted you to know that Phil Ross with the Alamance County NRCS has backed out of doing the animal waste utilization plan for Triple W. Farms. All along Phil said he would do the work, but now says no. So I am working to help Harold Woody find someone else, but Harold was counting on some help from the NRCS. I have a pretty tight schedule to try and keep so I would really like for someone else to do that part of the work. But if push comes to shove I will try to do the entire plan. I am not sure how things will work out but this is one of those "can't help it" things. will keep you informed about progress. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrygraham54@gmail.com 2 Rosebrock, Melissa 0 0 From: larrygraham54@gmail.com Sent: Wednesday, March 20, 2013 2:58 PM To: Rosebrock, Melissa Cc: Harold Woody Subject: Triple W. Farms Hi Melissa. I wanted you to know that Phil Ross with the Alamance County NRCS has backed out of doing the animal waste utilization plan for Triple W. Farms. All along Phil said he would do the work, but now says no. So I am working to help Harold Woody find someone else, but Harold was counting on some help from the NRCS. I have a pretty tight schedule to try and keep so I would really like for someone else to do that part of the work. But if push comes to shove I will try to do the entire plan. I am not sure how things will work out but this is one of those "can't help it"things. I will keep you informed about progress. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: lar raham54 mail.com Rosebrock, Melissa • From: Rosebrock, Melissa Sent: Tuesday, March 19, 2013 12:32 PM To: 'hwoody273' Cc: 'larrygraham54@gmail.com' Subject: RE: Farm Visit The 22"d (Friday) will work for me. I'll see you around 10am. Thanks, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr..gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289;fax(336)771-463© www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: hwoody273 [mailto:hwoody273@bellsouth.net] Sent: Sunday, March 17, 2013 1:38 PM To: Rosebrock, Melissa Subject: RE: Farm Visit Melissa, I have plans to sell cows in Wytheville, VA on the nineteenth and will need the eighteenth to get ready. March 21 or 22 would be good for me Thanks , Harold -----Original Message-7--- From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenraov] Sent: Wednesday, March 13, 2013 3:07 PM To: Harold Woody Subject: Farm Visit Mr. Woody, As we discussed last week after court, I would like to visit your farm on Monday March 18th to check on the progress of your waste plan and construction of the waste structure for the parlor waste. This would also be an opportunity for you to discuss any questions or concerns that you might have as well. Would 10:00 on March 181h work for you? Thanks, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality 1 Winston-Salem Regional Office 585 Waughtown Street,Winstoom, NC 27107 O (336) 771-5289; fax(336) 771-4630 www.ncwaterauality•or E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Rosebrock, Melissa is From: Phil Ross [Phil.Ross@alamance-nc.com] Sent: Thursday, March 14, 2013 8:40 AM To: Rosebrock, Melissa Subject: RE: Triple W. Farms Hi Melissa, saw the email and talked to Brad about Harold. Larry Graham his engineer contacted me see my response below. I honestly do not have time in the next 60 days to do this. I am not sure he could even get the soil test back if they were sent in today to do the plan. Not to mention where he would have the land to spread waste for 300 cows. Just thought I would let you know what I told him. Sincerely, ThiC�Rgss District Conservation Adm. Alamance Soil and Water Conservation District phone: 336-228-1753 ext.3 Fax: 336-513-5565 From: Phil Ross Sent: Thursday, March 14, 2013 8:13 AM To: `larrygraham54@gmail.com` Subject: RE: Triple W. Farms Hi Larry, Sorry I have not been able to contact you sooner, With all that I have going on now And in the coming weeks, Basically I will not be able to do this waste plan in this short time window. I have already put off to many projects due to the time with my mother and ongoing health problems with my wife. I think it would be in Harold's best interest to go ahead and get another waste technical specialist that could write the plan immediately, get the soil samples needed (That will be tough enough to get back in 60 days). Thanks for letting me know what is going on. But again he needs someone that can get started on the plan immediately to get it finished by that date. Sincerely Thai(&ss District Conservation Adm. Alamance Soil and Water Conservation District phone: 336-228-1753 ext3 Fax: 336-513-5565 From: Iarrygraham54(aIgmail.com [mailto:larrygraham54Cnbgmail.com] Sent: Wednesday, March 13, 2013 4:48 PM To: Phil Ross; Phil Ross Cc: Harold Woody Subject: Triple W. Farms Hello Phil. I hope things are settling down around your office. Please accept my condolences over the death of your mother. I know that this can really add to your work load and stress. 1 called your office this afternoon and ed you. I wanted to get up with you withW ds to the Triple W. Farms animal waste plan and the work currently being cond at the farm. I will simply bullet a fewbelow and we can of course discuss them over the phone or via email as needed. 1. Triple W. Farms is under a court ordered consent to have their new waste management plans in to DWQ by Friday May 10. This includes the waste storage pond containment and plans and the animal waste utilization plans. In other words Triple W. Farms needs all the Certified Animal Waste Management Plan (CAWMP) information submitted to DWQ by May 10. In addition I understand the waste storage pond needs to be built or at least well on its way by May 10. Of course weather and contractor's schedule will figure into how much construction takes place on the pond. Still this is a tall order to have all this completed in the next 7 or 8 weeks. 2" 1 aim to have the plans in to DWQ for the temporary animal waste storage pond (mainly for stormwater runoff storage and milking parlor waste) on or before March 25. After DWQ looks at these plans and approves their design Harold can OK the construction to begin. 3. 1 also aim to develop an irrigation plan by which Triple W. Farms can empty their waste storage pond throughout the year. While I suppose this will technically be par:of the animal waste management plan, it will by no means be the entire animal waste management plan. I will include nutrient applications from the collected water via the irrigation. I think Harold wants to grow fescue grass in the irrigated field(s) so I will address the amounts of water, nitrogen, yields, etc, only on the irrigated land. 4. From previous on-farm meetings and email correspondence, it is my understanding that you are going to develop the animal waste management plan for all of Triple W. Farm's scraped waste. I can provide you with the details on the amounts of scraped waste I estimated he would have from 300 milk cows if you wish. I can also provide you with the volume of the new dry stack you need these numbers. The waste utilization plan will also include the fields onto which Triple W. Farms will apply the scraped waste, soil types, crop rotations, yields, PLAT, etc. I am sure you know what to include. I wanted you to know we will need PLAT on the irrigated areas as well. That will not be a large field, but needs to be included while you are on-site. It is my understanding from talking to Melissa Rosebrock (with DWQ) that ALL of these details have to be in to DWQ's hands on or before May 10. 5. If for some reason there is a problem with you providing the waste utilization part of the plan by May 10, please let me and Harold know ASAP. I will be hard pressed to get all the pond design, construction management, and irrigation design completed by May 10 so I sincerely hope you can do the scraped waste utilization plan and PLAT. look forward to your reply. Thanks Phil. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larry9raham54@gmail.com 2 ' PAT MCCRORY Gov enlor . w DONALD R. VAN DER VAART �� Secretar} M S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY November 22, 2016 Harold Woody Triple W Farms 3545 Greensboro Rd Snow Camp, North Carolina 27349 SUBJECT: Compliance Evaluation Inspection Harold Woody Triple W Farms AWD01001.0 Alamance County Dear Mr. Woody, The Division of Water Resources staff has been trying to contact you in order to change the time of a compliance inspection dated for November 29, 2016 at 1:00pm. Phone calls have been made to the telephone number 336-213-8644, but no answer. The voicemail inbox is frill and is unable to receive new voicemail messages. I have not received a response from the email sent to hwoody273@bellsouth.net either. Melissa Rosebrock will be accompanying myself, she has an appointment later in the afternoon and needs to be back at the office early. I would like to request changing the time of inspection from 1:00pm to 10:30am. If I have not heard back from you by the day of inspection, I will arrive at the predetermined time of 1:00pm on November 29, 2016. Your prompt response to this letter is much obliged. My contact information is listed below, Thank you. Jeff Robinson Environmental Specialist NC Division of Water Resources NC Department of Environmental Quality Office: (336)776-9691 Cell: (336)406-4993 Jeff.Robinson(�NCDENR.gov Winston-Salem Regional Office 450 W. I-lanes Mill Road, Suite 300 Winston-Salem, NC 27105 i Cc: DWR WSRO files 450 W.Hanes Mill Road,Suite 300,Winston-Salem,North CaroEEna 27105 Phone:336-776-98001 FAX:336-776-97971 Customer Service 1-877-623-6748 Internet:www.ncdenr.gov-www.ncwater.org �C_�. '��- �`•,.#'� .4r tis�A��:.����`�`��`����A�f � -�� - �` .� �"` E-car:._ _ -x., �'.�:- _ '� - Robinson, Jeff From: Rosebrock, Melissa Sent: Thursday, November 10, 2016 10:04 AM To: larrygraham54@gmail.com Cc: Wally Walker; Harold Woody; Robinson, Jeff Subject: RE-. Triple W. Farms water level pole. Hi Larry, Thanks for your email and update. Glad to hear the marker has been installed, I know Mr. Woody has recently been working very diligently to lower the waste level enough to work on the marker. As you mentioned, keeping good records is important(and required per the permit). Rainfall, waste levels, and 1" rainfall checks must all be recorded in addition to the other records.This is half the battle as they say. Mr. Woody is not unique though in that we have a few others that depend mostly/entirely on a commercial hauler to keep the waste levels compliant.This is often difficult and the permittee must "get on their list" many weeks before they actually think they want to have the waste pumped.This is part of their management that we take into consideration. This year has been particularly tough on farmers to manage animal waste. Alamance and Randolph Counties have had it rough due their proximity to coastal storms. While allowing waste levels to rise, at any time, above the maximum liquid mark is a noncompliant permit event, we also look at other factors such as compliance history, effect of rain on others in the county, rain and freeboard records, notification to our office of high freeboard, and especially the efforts by the farmer to try to abide by their permit requirements before such storm events. We are charged with being consistent across Alamance County and across the Winston-Salem region...which can be very difficult when dealing with both swine and cattle systems across the entire state. I would encourage Mr. Woody and everyone associated with this facility to contact our office for ANY questions or concerns you might have. We can work best if we can all work together on compliance (that was not intended as any political statement! O). Best regards, Melissa Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrock _.ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Nothing Compares— ,-, x Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: larrygraham54@gmail.com [mailto:larrygraham54@gmail.com] Sent: Monday, November 07, 2016 6:04 PM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> Cc:Wally Walker<wally.walker@nc.usda.gov>; Harold Woody<hwoody273@bellsouth.net> Subject:Triple W. Farms water level pole. Hello Melissa. I wanted you to know that on November 1 1 installed a water level indicator pole inside the Triple W. Farm stormwater containment pond. I briefly spoke to Harold about the device. It was placed on the dam end of the pond where he can see it from the free stall barn. I would like to point out one thing with regards to the Triple W. Farm pond water levels. Harold elected to use a pump and haul practice to remove manure impacted stormwater from the pond. As you well know pump and haul is an intense water removal effort over a short time. Hauling opportunities depend on crop availability, the amount of water in the pond, availability of a pumping contractor, wetness in the fields, etc. Even when called, the pumping contractor can't always come immediately or easily get into the fields for spreading. I am sure you know all about the limitations of pump and haul. That said it is much harder to keep the water level below the "start pumping" mark all the time when using pump and haul as a water removal technique, especially since he is collecting rainwater. Even a moderate rain event could add a foot or two of water into the pond and send the water level over the"start pumping" level from one day to the next. Naturally irrigation affords much more flexibility in managing pond water levels and that may be something Harold will want to do later on. I am told that work has been done since I originally designed the pond to redirect some of the "clean" stormwater away from the pond. I have not spent time to see if this would significantly reduce the required emergency storage volume but every bit of clean runoff he keeps out helps in terms of storage needs. I say all this to point out that there may be times when Harold calls the pumper for water removal and in the meanwhile he exceeds the start pump level before the pumper can visit the site. Given that he has a considerable amount of storage built into this pond I think allowing some flexibility in emergency water storage reserves at this site is not an unreasonable thing. But the 25 year-24 hour storm storage is there for a good reason and protects not only the streams but Triple W. Farms as well. I will let you work with Harold on this but I wanted to point out how he might from time to time exceed the start pump level by a small amount without taking any significant risk for overflow. I am not advocating a large discounting of the emergency storage volume, but I think you can see that some flexibility is a needed reality under these circumstances. Harold needs to keep good records on local rainfall events to help him communicate the impacts of rainfall events on his pond water levels. If you have any questions please let me know. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: Iarrygraham54(d_)gmail.com 2 Robinson, Jeff From: Rosebrock, Melissa Sent: Monday, November 07, 2016 10:22 PM To: Robinson, Jeff, Shepherd, Michael D Subject: Fwd: Triple W. Farms water level pole. Fyi Seui from my Verizon%Vircless 3U I TE smanphone -------- Original message -------- From: larrygraham54@gmail.com Date:11/07/2016 6:04 PM (GMT-05:00) To: "Rosebrock, Melissa" Cc: Wally Walker , Harold Woody Subject: Triple W. Farms water level pole. Hello Melissa. i wanted you to know that on November 1 1 installed a water level indicator pole inside the Triple W. Farm stormwater containment pond. I briefly spoke to Harold about the device. It was placed on the dam end of the pond where he can see it from the free stall barn. I would like to point out one thing with regards to the Triple W. Farm pond water levels. Harold elected to use a pump and haul practice to remove manure impacted stormwater from the pond. As you well know pump and haul is an intense water removal effort over a short time. Hauling opportunities depend on crop availability, the amount of water in the pond, availability of a pumping contractor, wetness in the fields, etc. Even when called, the pumping contractor can't always come immediately or easily get into the fields for spreading. I am sure you know all about the limitations of pump and haul. That said it is much harder to keep the water level below the"start pumping" mark all the time when using pump and haul as a water removal technique, especially since he is collecting rainwater. Even a moderate rain event could add a foot or two of water into the pond and send the water level over the "start pumping" level from one day to the next. Naturally irrigation affords much more flexibility in managing pond water levels and that may be something Harold will want to do later on, am told that work has been done since I originally designed the pond to redirect some of the"clean" stormwater away from the pond. I have not spent time to see if this would significantly reduce the required emergency storage volume but every bit of clean runoff he keeps out helps in terms of storage needs. I say all this to point out that there may be times when Harold calls the pumper for water removal and in the meanwhile he exceeds the start pump level before the pumper can visit the site. Given that he has a considerable amount of storage built into this pond I think allowing some flexibility in emergency water storage reserves at this site is not an unreasonable thing. But the 25 year-24 hour storm storage is there for a good reason and protects not only the streams but Triple W. Farms as well. I will let you work with Harold on this but I wanted to point out how he might from time to time exceed the start pump level by a small amount without taking any significant risk for overflow. I am not advocating a large discounting of the emergency storage volume, but I think you can see that some flexibility is a needed reality under these circumstances. Harold needs to keep good records on local rainfall events to help him communicate the impacts of rainfall events on his pond water levels. If you have any questions please let me know. 1 Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: larrxaraham54Ca7g mail.com z i Rosebrock, Melissa From: Joshi, J.R. Sent: Monday, March 14, 2016 10:12 AM To: Walker, Wally - NRCS-CD, Burlington, NC Cc: Rosebrock, Melissa; <iarrygraham549gmail.com> Subject: RE: AWC010010 COC Wally, No, I was not able to contact Mr. Graham for the follow-up. However, based on the volume data he had provided and the additional dry stack storage, we made a determination that the facility had enough storage and waste application area to handle the waste. Hence, we went ahead with the permit issuance. It was better for the facility to be covered under the general permit for the time being. At some point, however, all these numbers need to be reconciled. We will always have an opportunity to re-visit the situation during our annual inspections and would discuss the plans further. J. R. Joshi Soil Scientist DWR Animal Feeding Operations Branch Department of Environmental Quality 919 807 6341 office IaYa.ioshi0Dncdenr.goy 1636 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1636 -'_%''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. From: Walker, Wally- NRCS-CD, Burlington, NC [maiito:wally.walker@nc.usda.gov] Sent: Monday, March 14, 2016 10:03 AM To:Joshi, J.R. <jaya.joshi@ncdenr.gov> Subject: RE: AWC010010 COC 1 r 0 Hey J.R. Were you able to get up with Larry Graham to get what you needed to clarify the volumes for Harold's storage pond. If the numbers changed as far as number of days of storage, do I need to enter this into the plan and send this printed revision to you Melissa and Harold to enter into your copies of his Nutrient management Plan. I have not heard anything back from you regarding the info you requested in your previous e-mail. If you could get me up to date on what was decided I would appreciate it. Thanks Waliv Walker District Technician Alamance SWCD phone 336-228-1733 s3 From:Joshi, J.R. [mailto:iaya.ioshi@ncdenr.govj Sent: Monday, March 14, 2016 7:30 AM To: Walker, Wally- NRCS-CD, Burlington, NC <wally.wa Ike r@nc.usda.Rov> Cc: Rosebrock, Melissa <melissa.rosebrock ncdenr. ov>; <larrygraham54@gmail.com><larrygraham54@g_mail.com> Subject: AWC010010 COC Please find enclosed a copy each of their COC and the general permit. Please let me know if you have any questions. J. R. Joshi Soil Scientist DWR Animal Feeding Operations Branch Department of Environmental Quality 919 807 6341 office iaya.ioshi(a,)ncdenr.gov 1636 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1636 �Nvthing Compares. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 I This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. 3 Rosebrock, Melissa From: Walker,Wally - NRCS-CD, Burlington, NC <wally.waiker@nc.usda.gov> Sent: Friday, January 29, 2016 3:50 PM To: Joshi, J.R.; Rosebrock, Melissa; hwoody273@bellsouth.net Subject: Triple W Farm Permit application wanted to let everyone know I mailed Harold's application at 3:30 p.m. on Jan. 29 2016. The only thing that I know will be lacking will be PLAT on the Guarin Tract in Chatham County. Harold lost two Tracts he previously was using but picked up a large tract in Chatham County. This Tract did not have soil samples in the last three years so I could not run PLAT on these fields. I told Melissa and she said to go ahead and send in the application and I could run Plat at a later date when the soil samples became available because this is something that has been done in the past.The most important thing was to get the application in before the deadline. I think he probably has enough land available to handle what waste he will need to spread. I will run PLAT when the soil samples become available and send them to you to attach to plan. Thanks Wally Walker District Technician Alamance SWCD phone 336-228-1753 x3 1 0 0 ENVIRONMENTAL ENGINEERING SERVICES P.O.Box 426,Aberdeen,H.C.28315 Phone 9I0-944-1648 F'ax 910-944-1652 Email: Iarrygraham54Qginaii.com November 27. 2015 Melissa Rosebrock, Sr. Environmental Specialist C/o NCDENR—Dept. Environmental Quality Division of Water Resources 450 West Hanes Mill Road, Suite 300 Winston Salem, NC 27105 Re: Engineer's inspection and certification letter for the new stormwater/waste storage pond at the Triple W. Farm in Alamance County,NC. DWR Facility Number AWD 10010 Dear Ms. Rosebrock, On November 17, 2015 I again visited the above referenced site to perform a final inspection of the newly installed pond. Based on that inspection (and prior inspections) I am sending you this correspondence to verify my belief that the said structure was constructed in accordance with the original intent of the plans. It is my opinion that the new pond is now functional and ready to be placed into permanent service. You and I have discussed the many ancillary aspects of the farm's manure management and I did not want to get those confused with the pond itself, especially since 1 have only been asked to work on and certify the pond. There are a few minor issues(e.g. push-off ramp manure infrastructure) that remained to be completed at the time of my last inspection, but from a functional standpoint the new pond is complete, but the installation of the auxiliary parts of the manure handling system are not critical to the pond function. I will be helping Mr. Woody install a water level indicator pole inside his pond in the near future. This letter shall also verify that I have inspected all or representative sections of the above referenced pond and dam at critical times as it was being installed and found the essential components to be in place within the intent of the approved engineering plans, specifications, and correspondence. Any system components which I did not see installed, or that were covered with soil prior to my visits, or were otherwise not visible for my personal inspection have been verified to be in place by a either the farm owner or by the earth moving contractor. The engineer feels confident that the overall project intent has been met and wastewater flow, treatment intent, safety, etc. conforms to the original specifications. Information given to the engineer by others and used in this certification shall be taken as truth if it cannot be verified otherwise. There will be additional certifications and documentation sent from my office on this project in the near future. They will include the "As-Constructed" package and drawings as well as the Technical Specialist Certification (Form AWC-Sept. 18, 2006), but since these documents are still being finalized I did not want to delay some type of engineering verification that the pond is in place and functional. Waste utilization and crop management plans are being developed by others. The engineer can take no responsibility for changes made to the above system before, during, or after construction without his knowledge. Nor does the engineer take any responsibility for human losses or property damages which should occur due to poor workmanship, improper use of machinery, unknown conditions above or below ground level, defective equipment, legal problems with boundary lines or easements, acts of nature, "short-cuts" the owner or contractor may have taken in system construction, improper system operation, unauthorized chemical discharge into the system, lack of long term maintenance, accidents, or use of the system beyond its intended purpose. It should be noted that Mr. Harold Woody will be furnished a copy of this certification letter and subsequent as-constructed documentation. It shall now be the system owner's responsibility to comply with all items specified within the engineering plans, permit, etc. and operate the system in accordance with State and local laws. On behalf of Triple W. Farms i would like to offer our sincere thanks for your time and for your valuable assistance on this project. Please be on the lookout for the other end-of-project documentation and let me if I can be of further assistance. Best Re s, F. am, P.E. Environmental Engineering Services Cc: l larold Woody(Triple W. Farms) Wally Walker(Alarnance Co.SWCD) PROFESSIONAL ENGINEERS CERTIFICATION F ABOVE PROJECT i Professional Engineer's Signa N. C. Professional Registration Num r: 1160 // GgROI+,:,,, Date of Certification: 2 SEAL i31 Z 11602 s�` 9�s ` 481 '•.,,AAA IYC�S ,.•`'� 2 Rosebrock, Melissa From: larrygraham54@gmail.com Sent: Tuesday, September 22, 2015 2:17 PM To: Rosebrock, Melissa; Basinger, Corey; Knight, Sherri; Lawson, Christine Cc: Shepherd, Michael D; Mitchell, Patrick; Garoma, Miressa; Harold Woody Subject: Re:Woody-Triple W Farms 9-18-2015 Visit Greetings everyone. I received a call from Harold Woody's contractor on Monday of this week telling me he was finishing up the earth moving work on the pond. This is really good news. I have been to the farm to see the basic cuts and shapes, but I will need to visit he farm at least one more time to see that certain check list items have been performed. I will not go into lots of detail here about the check list items since they may all be completed at this point. I am not sure what Mr. Woody wants to do with the push off ramp manure but we should address this so it is functional and has a predetermined path to the pond, if that is where he wants it to go. I really don't feel comfortable leaving that aspect of the project"un-addressed". It is my understanding that Mr. Woody will be using contracted pump and haul for water/manure removal from the pond. assume he is working with others to develop a waste utilization plan for that aspect of the project. So we will not be utilizing irrigation for water management. I will be happy to furnish anyone the volume calculations and predicted water balances for the pond once I do my final inspection. I have to be out of the State from September 25 through October 6 and will not be able to visit the site prior to me leaving. This may also allow Mr. Woody time to plant grass and/or make some decisions about what to do with the push- off ramp manure. I agree with Melissa that the pond is functional and should contain runoff and light manure additions without a problem as long as Mr. Woody manages future water levels. Watch out for those tropical systems since they can drop many inches of rain over a few hours! I will provide my engineering certification and develop as-constructed drawings as soon as I can verify the check-list items are complete. Call if you have any questions. Larry F. Graham, PE Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: lar[ygraham54@qmail.com ----- Original Message ----- LIFrom: Rosebrock Mefissa To: Basinger, Corey ; Knight, Sherri ; Lawson, Christine Cc: Shepherd. Michael D ; Mitchell. Patrick ; Garoma. Miressa ; Warold Wood; Larry Graham Sent: Tuesday, September 22, 2015 11;16 AM Subject: Woody-Triple W Farms 9-18-2015 Visit Al I: In summary: It appears that the new waste structure has been constructed and is functional but the waste system has not yet been certified since the new waste structure still needs to be lightly smoothed and fescue seeded and mulched (see #37). The solid waste below the old freestall barn still needs to be removed and land-applied (#50). Lastly, Mr. Woody needs to obtain a certified animal 1 ' 1 waste management plan and submit a completed application to the 6"vision. The most recent inspection report is also attached. If you need additional photos or information please contact me. Melissa M e Li s ya- Rose f�-o c�c, E vt Sri ro vuM eta I.Sr'eci aLi s NCDEQ-Division of Water Resources Regional Operations Section Winston-Salem Regional Office,450 Hanes Mill Road, Ste. 300, Winston-Salem, NC 27105 Main (336)776-9800; Direct(336) 776-9699; FAX (336) 776-9797 For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. 2 Rosebrock, Melissa From: Harold Woody <hwoody273@bellsouth.net> Sent: Monday, April 20, 2015 8:35 AM To: Rosebrock. Melissa Subject: RE: Construction Update Melissa. I am going to give you and up date on the progress we have made and plan to make in the next three mounts, May June July I have fence in eighteen acres of pasture to added to the heifer lot. This area will give the heifers shade and more area away from the stream for the manure. Barton Michel called this morning and is planning to start fencing the streams out April 27.. 2015. Since I will not be involved with the fence building i have two eighteen wheelers to move compost out of the pack barn, weather permitting, next week. This compost will be stock pilled next to grass field and spread at a later date. This will allow us to get the pipe in the ground to convey the pallor water to the storage pond. On about the first of June, weather permitting.. we will get the water pumped out of the pond so the dirt can dry At this point the contractor can finish the dirt removal Please no penalty; I need every penny I have to finish this job I am spending social security money to finish this job Thanks, Harold -----Original Message----- From: Rosebrock, Melissa [mailto: elissa.rosebrocka:ncdenr.gov; Sent: Tuesday, April 14, 2015 9:17 AM To: Larry Graham; Harold Woody Subject: Construction Update Larry and/or Mr. Woody, I'm writing to see if any progress has been made on the construction of the new waste structure? In the attached photo, there is a stake in the foreground. Does this stake represent additional soil that needs to be removed or is it just a random stake?Thanks, Melissa 1