010010_ENFORCEMENT_20171231

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieer H. Sullins Dee Freeman
Governor Director Secretary
February 16. 2011 RECEIVED
N.C.DePt.of ERR
CERTIFIED MAI1. 700, 0220 0003 0155 7955 FEB 17 2011
RETURN RECEIPT REQUESTED yJinston jail--r
Ragsonal Office
Harold Woody
Triple W Farms
3�4� Easi 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 S757.67 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. iri accordance with
the 15A *iCAC 2T .0107(b). A copy of the certified letter pertaining to the status of your pernut 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 iA-ill 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:
ht : wx%,,.enr.state.nc.us:'DSWC' paues guidance docs.lttntl
Please reference the subject application number when providing the requested information. All revised andior 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 permit would constitute a violation
of NCGS 143-215.1 and could result in assessments of civil penalties of up to S25.000 per day.
If you have any questions.please call me at(919)715-61 S5.
Sincerely.
Lary} _ ode PE
Animal Feeding Operations Unit
cc: Aquifer Protection Section-Winston Salem Regional Office
File#OP-2009-0010
APS Central Files (AWC010010)
AQUIFER PROTECTION SECTION
1636 Mail Service Center Raleuh.Norltb Carolina 27699-1636
LocaLcri 2728 Capital Boulevam,Raleigh.N01h Carolina 27604 One
Phone:[phone] FAX 1:919-715-05a8:FAX [phone]'�Cusionler Service:1-877-623-F746 NorthCai-olhia
Inlemet www rimaterauality.ora Naturally f
4n EgitaJ OCOo".unify'Afrrmatrve Actor.Employer

1.
0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
RECEIVEt7
N.C.Dept-of ENR
January 1 2011 JAN p 5 2011
Harold'Woody Winston-5aiem
Regional office
Triple W Farms
3543 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 Dumber 1452 in the amount of S757.67 on December 21. 2010. The
balance of the penalty is S1.515.36.
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. if
You have any questions,please call me at(919) 715-6I95.
Sincerely,
Larry W,Wade PE
Animal Feeding Operations Unit
cc: Aquifer PFotFctiUi Sectiuit-Winston Selem Regional-Offce:
File#OP-2009-0010
APS Central Files(AWC010010)
AQUIFER PROTECTION S=CTION
1636 Pail Service Center,Rale�h,North Carolina 27699•i63o
Location:2728 Capital Boulevard,Raleigh,Nanh Carolina 27604 One
Phone:[phone] l FAX [phone],FAX 2:919.715-60481 Customer Service:1-877-523-6748 NOrthCa Q1j 17a
In�erner evww.ndwateraualitv.oro Naturally
Ctt
Ar,wtUal r= pornniiy 1 A5iarauve Atir n Lm;dorer ' � `y���"

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
5everfy Laves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 2, 2010
Harold Woody
Triple W Farms
3545 East Greensboro-Chapel Hill Hwy
Snow Camp, NC 27349
SUBJECT: Payment Schedule for Civil Penalty
Case OP-2009-0010
Famt# 10-0010
Alan-lance County
Dear Mr.'1•'v oodv:
This letter is to acknowledge receipt of your Check`umber 1451 in the amount of S757.67 on November 18,2010. The
balance of the penalty is S2,273.03.
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. if
you have any questions,please call me at(919) 713-6185.
Sincerely,
Larry W.Wade PE
Animal Feeding Operations unit
cc: Agisifer_protection.Section- iri_ton.Salen.RegioiiaF_0 fcc 1
File r OP-2009-0010
APS Central Files(AWC010010)
AOUIFER PROTECTION SECTION
1636 Mail Semite Center,Raleigh,North Carolina 27699-1636
Location:2728 Capital Boulevard,Raleigh,Nmh Carolina 27604 One
Phone:[phone] FAX 1:919-715.05H? FAX 2:919-715-60481 Customer Service:1-877-623-5748 NorthCal'Olil�a
Internet:m-m.navatercualirr.oro Ar.Eaual CGppoaunity 5 Aa;ma:ive Actor,Employe, A),duJ alli'

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
FTRECE"7November 4,2010 pt.cf ENRHarold Woody 5 2010
Triple W Farms on-Salem
3545 East Greensboro-Chapel Hill Hwy Regional[mice
Snow Camp,NC'27349
SUBJECT: Payment Schedule for Civil Penalty
Case OP-2009-0010
Farm # 10-0010
Aiamance County
Dear Mr. Woody:
This letter is to acknowledge receipt of your Check Number 1450 in the amount of$757.67 on October 20, 2010. The
balance of the penalty is$3,030.70.
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If
you have any questions,please call me at(919) 715-6185.
Sincerely,
Larry W. Wade PE
Animal Feeding Operations Unit
cc: Aquifer Protection-Section-�inston.Saiem.RegK l*0ffice'
.File#OP-2009-0010
APS Central Files(AWC010010)
AQUIFER PROTECTION SECTION
1636 Mail Service Center,Raleigh,Nor'h Caroiina 27699-1636
Location:2728 Capital Boulevard,Raleigh,Narih Carolina 27604 One
Phone:[phone] V FAX 1:919-715-0588.FAX 2:919-715-60481 Cuszonner Service:1-877-623-6748 NOrCh Car011113
Internet;wy&rimaterguaihy.org
An Equal Opvortuniiy 3 Atrrnative Anon Ernoloyer ;Vatumlly

ALIT V�
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly `saves Perdue Coleen H. Sullins Dee Freeman
Governor Director Reee" 4 Secrets
N.C.Dapt.o of f ENR ry
September 23,2010 SEP 2 l 10i
Winston-SaEarrs
Harold Woody LRegtonel Office
Triple W Farms
3545 East Greensboro-Chapel Hill Hwy
Snow Camp,NC 27')49
SUBJECT: Payment Schedule for Civil Penalty
Case OP-2009-0010
Farm# 10-0010
Alamance County
Dear Mr. Woody:
This letter i5 to acknowledge receipt of your Check Number 1449 in the amount of$757.67 on September 21, 2010. The
balance of the penalty is S3,788.37.
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If
you have any questions,please call me at(919) 715-6185.
Sincerely,
Larry W. Wade PE
Animal Feeding Operations Unit
cc: Aquifer-Protection•Section-Winston Salem Regional-Office
File#OP-2009-0010
APS Central Files (AWCO10010)
AQUIFER PROTECTION SECTION
1636 Mail Service Center,Raleigh,North Carolina 27699-1636
Location:2728 Capital Boulevard,Raleigh,Nonh Carolina 27604 011C
Phone:[phone] FAX 1:919-715-0588;FAX 2:919-715-0D481 Customer Sarvioe:1-877-623-6746 NorthCaralina
Internee:vnvw.navaterrluy�llty ors �atu1'at��
An Equal Cppc-minily L Affirmative Action Employer

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins RECEIVED Dee Freeman
Governor Director N.C,bspt of ENR I Secretary
JUL 0 1 2010
June 30,2010 Winston-Salem
iiegianaE Office j
Harold Woody
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 1446 in the amount of S757.67 on June 21,2010, The balance of
the penalty is S6,061.38.
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. if
you have any questions,please call me at(919) 715-6185.
Sincerely,
Larry W. Wade PE
Animal Feeding Operations Unit
cc: rAquifet pr'ote`ction Section-Win`ston-Salem Regional"O#1ice1
File #OP-2009-0010
APS Central Files(AWC010010)
AQUIFER PROTECTION SECTION
1636 Mail Service Center,Raleigh,North Carolina 27699-1636
Location;2728 Capital Boulevard,Raleigh,North Carolina 27604 One
Phone:[phone] FAX 1:919-715-0568;FAX 2:919-715-60481 Customer Service:1-877-623-6748 NOrthCal O�111a
Internet:www.ncwaterguality.org
An Ecual Ouvortunity 1 Alirmative Action Employer Nlatulull ff

j;A
111f01r11 Ap
N CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 18,2010 -
RECEWED
N.C.Dept.of ENR ,
Harold Woody
Triple W Farms '
3545 East Greensboro-Chapel Hill Hwy Lwinstan•5atera
Snow Camp,NC 27349 Re IIhar - I
SUBJECT: Payment Schedule for Civil Penalty
Case OP-2009-0010
Farni# 10-0010
Aiarnance County
Dear Mr. Woody_
This letter is to acknowledge receipt of your Check Number 1445 in the amount of S757.67 on May 17, 2010. The balance of
the penalty is S6819.05.
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If
you have any questions,please call me at(919) 715-6185.
Sincerely,
ff
Larry W. Wade PE
Animal Feeding Operations Unit
cc: Aquifer Protection Section-Winston Salem Regional Office
File#OP-2009-0010
APS Central Files(AWC010010)
AOLtIFER PROTECTION SECTION
1636 Mail Service Center,Raleigh,North Carolina 27699-1636
Location:2728 Capital Boulevard.Raleigh,North Carolina 27604 O
Phone:[phone] FAX 1:919-71540588;FAX 2:919-715-6048 One
1 Customer Service:1-877-623-6748 N ne Carolina
Internet:w .ncwateroualitv.o,u �Gx�lll'll��l�
An Equal Opportunity 1 Affirmative Actiun Employer L

'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
FAPR
IVED
t.of ENR
April27,201° g 2t410
Harold Woody .5elomTriple W Farms !office
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 1444 in the amount of$757.67 on April 16,2010. The balance
of the penalty is$7576,72,
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. if
you have any questions,please call me at(919) 715-6698.
Sincerely,
Larry W,Wade PE
Animal Feeding Operations Unit
J
cc: Aquifer Protection Section-Winston Salem Regional Office
File#OP-2009-0010
APS Central Files(AWCO10010)
AQUIFER PROTECTION SECTION
1636 Mail Service Center,Raleigh,North Carolina 27699-1636
Location:2728 Capital Boulevard,Raleigh,North Carolina 27604 One
Phone:[phone] FAX 1:919.715-0568;FAX 2:919-715M481 Customer Service:1-877-623-6748 NorthCarolina
Internet:vnrx.navateroualiN.org J�
An Equal Qpaorturiily I Affirmative Action Employer Aa`{ rallff

A17A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins -- — Dee Freeman
r2ECLIVEh
Governor Director rr.c.,a,t. ,f qN,F Secretary
BAR 2 3 2011
March 19,2010 Winston-SaEem
Regional Offee
Harold Woody
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 1443 in the amount of$757.67 on March 17, 2010. The balance
of the penalty is $8334.39.
Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If
you have any questions, please call me at(919) 715-6698.
Sincerely,
Larry W. Wade PE
Animal Feeding Operations Unit
cc: Aquifer Protection Section-Winston Salem Regional Office
File#OP-2009-0010
APS Central Files (AWC010010)
AOUIFER PROT-CTION SECTION
1636 Mail Service Cenler,Raleigh,North Carolina 27699-1636
Location:2728 Capital Boulevard,Raleigh,North Carolina 27604 One
Phone:[phone] FAX 1:919-715-0588 FAX2:919-715-6045 Customer Service:1-877-623-674fi NorehCc`ll'O 1I1B
Internet:www.nowaterguality.org
An Equal ppoonunity;Atnrmarive Anen Employer
Natutally

e..a x
aw...ea�ire
MCi END
Nort Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly laves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
RECEIVE-
March 201d
N.C.Dept of ENR
3,
MAR 0 5 20t0
Winston-Salem
Harold Woody Regional ofrrce
Triple W Farms
3 545 East Greensboro-Chapel Hill Hwy
Snow Camp, NC 27349
RE: Payment Schedule for Civil Penalty
Case No. OP-2009-0020
Alamance County
Dear Mr. Woody:
You have requested a schedule for making partial payments toward the $9,092,06 civil penalty
that was assessed by the Division of Water Quality on February 16, 2010. The Division is
agreeable to a twelve (12) month payment schedule beginning on April 1, 2010 and continuing to
March 1, 2011. There are eleven (11) payments of Seven Hundred Fifty Seven Dollars and Sixty
Seven Cents ($757.67) beginning on April 1, 2010 and one final payment of Seven Hundred Fifty
Seven Dollars and Sixty Nine Cents ($757.69).
Please sign the attached payment schedule and send it back with your first payment. Make a
.copy of the payment schedule for your records. Please make the payments by check payable to the
Department of Environment and Natural Resources and mail them so they are received by the 1st of
each month.
Failure to make the monthly payments in accordance with this schedule will cause the entire
unpaid balance of the civil penalty to be due and payable and subject to collection through a civil
action in the superior court.
Mail your payments to the address shown below to make sure that they are properly recorded:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
AQUIFER PROTEC T ION SECTION Qrle 1636 Mail Service Ce„ie:,Raleigh,Nortn Carolma 27699-1636 North Carol l n`al
Location:2728 Caci;al Bouievard,R51ei-gin.Norin Carolina 2764; � � + �r`
Phone:[phone]:FAX 1:915-715-DHP, .AX 2:919.71MO481 Customer Service: t-877-623-6748 y
Internet www.n'Muateraualitv.ora
in=ni,nI r)n t,,ncv!G�•m_Ttu .nnn=m Neva.

1 �
Harold woodv 0
' March 3.2010
Payee 2
If you have any questions; please call me at [phone].
Sincerely,
F� �1
Keith Larick, Supervisor
Animal Feeding Operations Unit
cc: Melissa Rosebrock, Winston-Salem APS Regional Office
File# OP-2009-0010
APS Central Files

+J
CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
TRIPLE W FARMS
CASE # OP-2009-0010
FARM 4 01-10
On February 16, 2010, the Division of Water Quality (DWQ) issued a civil penalty
assessment in the amount of $9,092.06, including $1,092.06 in investigative costs, against
Harold Woody for operating an animal waste management system without a required permit and
discharging animal waste into surface waters. In order to resolve this matter, DWQ and Mr.
Woody have agreed to enter into a payment schedule.
Mr. Woody agrees to pay the civil assessment of $9,092.06 according to the schedule
below as full settlement of Case No. OP-2009-0010.
Mr. Woody understands that any default in payment or failure to submit payment-by
day of the month in which payment is due will result in the immediate referral of this case to the
Attorney General's Office for collection through the courts. Mr. Woody also acknowledges that
DWQ reserves the right to take enforcement action for future violations within its authority
should they occur.
PAYMENT AMOUNT DATE DUE DATE PAID
$ 757.67 4/1/2010
$ 757.67 5/1/2010
$ 757.67 6/1/2010
$ 757.67 7/1/2010
$ 757.67 8/1/2010
$ 757.67 9/l/2010
$ 757.67 10/1/2010
$ 757.67 11/1/2010
$ 757.67 12/1/2010
$ 757.67 1/1/2011
$ 757.67 2/1/2011
$ 757.69 3/l/2011
$ 9,092.06
Payments should be by check payable to "NCDENR" and should be mailed to:
(OVER)

Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Harold Woody Date
Theodore L. Bush, Jr, Chief Date
Aquifer Protection Section
Division of Water Quality

Z • •
Y
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverl-Y-Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 16, 2010
RECEIVED
N.C.Dept of ENR
CERTIFIED MAIL.-#7006 2150 0003 5467 3234 FEB 19 2010
RETURN RECEIPT REQUESTED ! Winston-Salom
Regional Office
Mr. Harold Woody
Triple W Farms
3545 East Greensboro-Chapel Hill High-,vay
Snow Camp, NC 27349
SUBJECT: Assessment of Civil Penalties for Violation(s) of North
Carolina General Statute 143-215.1 and 15A NCAC 2B-0211
And Permit No. AWD010010
Enforcement File #: OP-2009-0010
Alamance County
Dear Mr. Woody:
This letter transmits notice of a civil penalty assessed against Harold Woody in the amount of$8000.00.
and S 1092.06 in investigative costs, for a total of $9092.06. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Pavment should be made directly to the order of the Department of Environment and Natural Resources
(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Please submit payment to the attention of:
Mr. Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
2. Submit a'<'►•ritten request for remission including a detailed justification for such request:
1617 Nail Service Center,Raleigh,\'p th Carolina 27699-I617
Location:612 N.Salisbury Si.Raicigh,North Carolina 27604 Olio
Phon.z:919-907-6300\FAX:[phone] i Customer Service: 1-877-62 -67 48 North Carol i 11a
Inlemct:www.nc%vaterqualAv.or Naturally
An Equal Opportunity\ACiinuutive Action Emplovrr "✓L!

Harold Woody .
Enf. File OP-2009-0010
Pare 2 of 3
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission
of an Assessment of Civil Penalty is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that
establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water
Quality at the address listed below. In determining whether a remission request will be approved, the
following factors shall be considered:
I. whether one or more of the civil penalty assessment factors in NCGS 14313-282.I(b) were
wrongfully applied to the detriment of the violator;
Z. whether the violator promptly abated continuing environmental damage resulting from the
violation;
3. whether the violation was inadvertent or a result of an accident:
4. whether the violator has been assessed civil penalties for any previous violations; or
5. whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Quality will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details-regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commissions Committee on Civil Penalty Remissions(Committee). Please be advised that
the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties; Waiver of Right to an Administrative Hearing. and Stipulation of Facts" form within
thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Mr. Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleil-h, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must
file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office

Harold Woody •
Enf. File OP-2009-0010
Page 3 of 3
hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00
a.m. and 5:00 p.m.,except for official state holidays. The petition may be filed by facsimile(fax)or electronic
mail by an attached file(with restrictions)-provided the signed original;one(1) copy and a filing fee(if a filing
fee is required by NCGS §15013-23 2) is received in the Office of Administrative Hearings within seven (7)
business days following the faxed or electronic transmission. You should contact the Office of Administrative
Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address
and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice; as evidenced by an
internal date/time received stamp (not a postmark); will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the reviekv period of this
assessment. If you have any questions, please contact Mr. Keith Larick at(919) 733-3221,
Sincerely,
eodor///-e L. •••Bush.3r..:Chief
Aquifer Protection
Enclosures
cc: Enforcement File OP-2009-0010
CSheHi-Kiiigbt-Winston-SalemRegional-Off icy
Central Files AWD010010

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALAMANCE
IN THE MATTER OF: ) FILE NO. OP-2009-0010
HAROLD WOODY )
FOR VIOLATIONS OF: }
NORTH CAROLINA ) FINDINGS AND DECISIONS
GS 143-215.1 } AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation by the Secretary of the Department of Environment and Natural
Resources, I. Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of
Water Quality(DWQ), make the following:
I. FINDINGS OF FACT:
A. Hai-old Woody owns and operates Triple W Farms, a dairy cattle operation located along
East Greensboro-Chapel Hill Road in Alamance County.
B. Triple W Farn-is was deemed permitted as a non-discharge facility on February 1, 1993 in
accordance with Title 1 5A North Carolina Administrative Code (hereby known as NCAC)
Subchapter 2H Section .0217 (15A NCAC 2H .0217).
C. North Carolina General Statute (hereby known as G.S. 1433-215.1 (3)(12)) states that no
person shall construct or operate an animal waste management system as defined in G.S.
143-1 a_1013, without obtaining a permit under either this part or Part IA of this Article.
The threshold established in G.S. 143-215.l OB is 100 or more confined cattle.
D. DWQ records verify that on October 15, 1998, Harold Woody signed a "Request for
Removal of Revistration" form indicating that his operation was below 100 confined cattle
and that he would apply for, and obtain a permit prior to any future expansions. To date,
Harold Woody has not applied for, nor received, a Cattle Waste Management System
Permit.
E. On February 26, 2009, DWQ staff visited Triple W Farms in response to a conmplaint.
During the site visit, DWQ staff documented at least 160 dairy cattle being maintained on a
feedlot at Triple W Farms. Division of Environmental Health milk production records
indicate that the number of dairy cattle at Triple W Farms has been increasing above the
I00-cow threshold since 2006. Mr. Woody verbally confirmed that he has been maintaining
more than 100 dairy cows during the last two years.

F. On April 1, 2009 DWQ issued a Notice of Violation (NOV)/Notice of Intent to Enforce
(NOI) to Harold Woody for failing to apply for a permit. The NOV/NOl was sent Certified
Mail and received by Harold Woody on April 4, 2009. The DWQ Winston-Salem Regional
Office received Mr. Woody's response on April 14, 2009 in which he states that "My only
explanation for this violation is I have a good team that did a fantastic job. Triple W Farms
produce [sic] four million pounds of milk for N.C. citizens in 2008. At all times we were
sure that N.C. streams were protected."
G. On May 1, 2009 DWQ staff performed an announced follow-up inspection at Triple W
Farms. On the date of this inspection, staff documented at least 2,500 linear feet of stream
impact due to severe stream bank erosion, denuded riparian buffer, and the deposition of up
to eight inches of sediment and animal waste, caused by excessive cattle traffic in and
around an unnamed tributary to Mary's Creek. Staff also observed sludge worms, foam,
excess algae growth, and a waste odor in the same unnamed tributary.
H. North Carolina General Statute hereby known as G.S. 143-215.1(a)(]) states that"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: "Make any outlets into the waters of the State."
1. On May 15, 2009 DWQ issued a second NOV/NO1 to Harold Woody for the above_
referenced stream impact and discharge violations. The second NOV/NOI was sent Certified
Mail and received by Harold Woody on May 22, 2009. To date, DWQ has received no
written response to this NOV/NOI.
J. The impacts occurred to an unnamed tributary to Mary's Creek. Mary's Creek is Class C -
NSW waters within the Cape Fear River Basin.
K. The costs to the State of the enforcement procedures in these matters totaled $1092.06.
Based upon the above Findings of pact, I make the following:
II. CONCLUSIONS OF LAW:
A. Harold Woody is a " person" within the meaning of G.S. 143-215.6A pL11-suant to G.S. 143-
212(4).
B. The unnamed tributary to Mary's Creek constitutes waters of the State within the meaning
of G.S. 143-215.1 pursuant to G.S. 143-212(6). 4
C. Harold Woody violated 143-215.1 (a)(I2) by operating an animal waste management system
without a required permit-
D. Harold Woody violated G. S. 143-215.1(a)(1) by allowing animal waste to cater into at least
2,800 linear feet of stream.
E. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-21 5.6A
(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in

accordance with the terms, conditions, or requirements of such pennit or any other permit or
certification issued pursuant to authoritv conferred by this Part.
F. The State's enforcement costs in this matter may be assessed against Harold Woody
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Aquifer Protection Section Chief, pursuant to delegation from the Director, Division of
Water Quality, and the Secretary of the Department of Environment and Natural Resources,
has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law.. I make the following:
III. DECISION:
Accordingly, Harold Woody is hereby assessed a civil penalty of:
S for violation of 143-215.1(a)(12) by operating an animal waste
management system without a required permit.
_ Ar
S GCS for violation of G. S, 143-215.1(a)()) by allowing animal waste to enter
into at least 2,800 linear feet of stream.
S 1092.06 Enforcement costs
S 9 061 TOTAL .A'%IOUNT DUE
As required by G.S. 143-215.6A(e), in determining the amount of civil penalty I have considered
the factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of hann to the natural resources of the State, to public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulator;
(8) The costs to the State for the enforcement procedures.
—�---
(Date) Tlieo ore L. Bush, Jr., Chie>`
Aquifer Protection Section

JUS7TC'ICATION FOR REMISSION REST
APS Case Number: OP-2009-0010 County: Alamance
Assessed Part-: Harold Woodv
Permit No. (if applicable): AWD010010 Amount assessed: S9092.06
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Rioht to an .4chninistrative Flearina, and Stipulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in determining
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of
a civil penalty may be granted when one or more of the following five factors applies. Please
check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages
as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wront,fully applied to the detriment of the petitioner (the ctssessruent factors are
included in the attached pcnalt_l.. mutri.r andlo]" listed in the civil penaltv
assessment document);
(b) the violator promptly abated continuinU environmental damage resulting from the
violation (i.e., explain the steps that von took to correct the violation and prevent
J`stare occul7ences);
(c) the violation was inadvertent or a result of an accident (i.e., e.�plain whI, the
violation was unavoidable or something you could not prevent or prepare fol);
(d) the violator had not been assessed civil penalties for anv previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions O.e., explain how pftvinent of the civil penalty will prel-ent you
fi-om perfol"mina the activities necessary-to achieve compliance).
EXPLANATION:
Ittern. req.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMFNT
AND NATURAL RESOURCES
COUNT' OF ALAMANCE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
HAROLD WOODY )
)
FILE NO. OP-2009-001 0
Having been assessed civil penalties totaling $9092.06 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated, February 16, 2010, the
undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an
administrative hearing in the above-stated matter and does stipulate that the facts are as alleged
in the assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty-(30) days from the receipt of the notice
of assessment.
This the day of 12009.
Signature
ADDRESS
TELEPHONE

i •
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
July 28, 2009
MEMORANDUM:
To: Keith Larick
nl�
From: Sherri Knight`
Melissa Rosebrock
Subject: Recommendation for Civil Penalty
Case #: Combined NOV-2009-OP-0027 and NOV-2009-SS-0021
Triple W Farms, AWD010010
Alamance County
Please find attached, documents supporting the Winston-Salem Regional Office's request
for a civil penalty assessment against Harold Woody, owner of Triple W Farms, for failing to
apply for a required permit and for conducting or controlling an activity which caused the
deposition of solids into Mary's Creek, resulting in an "Other Wastes" stream standard violation.
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. The threshold violation was confirmed by
DWQ staff, Mr. Woody, and through milk production records. Mr. Woody signed a "Request for
Removal of Registration" form on October 15, 1998 indicating that he would apply for, and
obtain a permit prior to expansion, To date, lie has not received a Cattle Waste Management
System Permit.
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 Creep 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.
We request that you initiate appropriate action from your office and forward the attached
package to the Aquifer Protection Section Chief. The following items are being transmitted for
your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."

Woody Request for Civil Penalty
July 28, 2009
Page 2
C) Most recent correspondence between violator and DWQ, including copies of both
"NOV/NOI letters."
D) Photographs of the site.
E) Maps
F) Supporting Documents.
Please contact Melissa Rosebrock in our office at [phone] for any additional
information you may need,
Attachments
cc.4nston-Salem Regional Office Facility Files
g Y
APS Central Files

Findings and Decisions
and
Assessment of Civil Penalties
Attachment A

. 0
0
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALAMANCE Case No. XXXXXX
IN THE MATTER OF
HAROLD WOODY
FOR VIOLATIONS OF FINDINGS AND DECISIONS
NORTH CAROLINA AND ASSESSMENT OF
GS 143-215.1 AND CIVIL PENALTIES
15A NCAC 2B .0211 (3)(f)
Acting pursuant to delegation by the Secretary of the Department of Environment and Natural
Resources, 1, Ted L_ Bush, Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Harold Woody owns and operates Triple W Farms, a dairy cattle operation located along
East Greensboro-Chapel Hill Road in Alamance County.
B. Triple W Farms was deemed permitted as a non-discharge facility on February 1, 1993 in
accordance with Title 15A North Carolina Administrative Code (hereby known as NCAC)
Subchapter 2H Section .0217 (15A NCAC 2H .0217).
C. On February 26, 2009, DNNIQ staff visited Triple W Farms in response to a complaint.
During the site visit, DWQ staff documented at least 160 dairy cattle being maintained on a
feedlot at Triple W Farms. Division of Environmental Health milk production records
indicate that the number of dairy cattle at Triple W Farms has been increasing above the
100-cow threshold since 2006. Mr. Woody verbally confirmed that he has been maintaining
more than 100 dairy cows during the last two years.
D. DWQ records verify that on October 15, 1998, Harold Woody signed a"Request for
Removal of Registration" form indicating that his operation was below 100 confined cattle
and that he would apply for, and obtain, a permit prior to any future expansions. To date,
Harold Woody has not applied for, nor received, a Cattle Waste Management System
Permit.
E. North Carolina General Statute (hereby known as G.S.) 143-215.1 (a)(12) states that no
person shall construct or operate an animal waste management system as defined in G.S.
143-215.1013, inrithout obtaining a permit under either this part or Part I of this Article.
F. On April 1, 2009 DWQ issued a Notice of Violation/Notice of Intent to Enforce to Harold
Woody for failing to apply for a permit. The Notice of Violation was sent Certified Mail and
received by Harold Woody on April 4, 2009. The DWQ Winston-Salem Regional Office
received Mr. VVoody's response on April 14, 2009 in which he states that "My only

explanation for this violation is I have a good team that did a fantastic job. Triple W Farms
produce [sic] four million pounds of milk for N.C. citizens in 2008. At all times we were
sure that N.C. streams were protected."
G. On May 1, 2009 DWQ staff performed an announced follow-up inspection at Triple W
Farms. On the date of this inspection, staff documented at least 2,800 linear feet of stream
impact due to severe stream bank erosion, denuded riparian buffer, and the deposition of up
to eight inches of sediment and animal waste, caused by excessive cattle traffic in and
around an unnamed tributary to Mary's Creek. Staff also observed sludge worths, foam,
excess algae growth, and a waste odor in the same unnamed tributary.
H. Title 15A NCAC 2B .0211 (3)(0 states that"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;
1. On May 15, 2009 DWQ was issued a second Notice of Violation/Notice of Intent to Enforce
to Harold Woody for the referenced stream standard violation. The second Notice of
Violation was sent Certified Mail and received by Harold Woody on May 22, 2009. To date,
DWQ has received no written response-to this NOV/N01.
J. The impacts occurred to an unnamed tributary to Mary's Creek, Class C - NSW waters
within the Cape Fear River Basin.
K. The costs to the State of the enforcement procedures in these matters totaled $1092.06.
Based upon the above Findings of Fact, 1 make the following:
11. CONCLUSIONS OF LAW:
A. Harold Woody is a" person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. Mary's Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant
to G.S. 143-212(6).
C. Harold Woody violated 143-215.1 (a)(12) by operating an animal waste management system
without a required permit.
D. Harold Woody violated Title 15A NCAC 213 .0211 (3)(t) from the deposition of sediment
and animal waste to at least 2,800 linear feet of stream.
E. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A
(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who is required'but fails to
apply for•or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.

o s
F. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty five thousand
dollars ($25,000.00)per violation may be assessed against a person who violates any
classification, standard, limitation, or management practice pursuant to G.S. 143-214.1, 143-
214.2, or 143-215.
G. The State's enforcement costs in this matter may be assessed against Harold Woody
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Aquifer Protection Section Chief, pursuant to delegation from the Director, Division of
Water Quality, and the Secretary of the Department of Environment and Natural Resources,
has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
I11. DECISION:
Accordingly, Harold Woody is hereby assessed a civil penalty of-
$ for violation of 143-215.1(a)(12) by operating an animal waste
management system without a required permit.
$ for violation of Title 15A NCAC 2B .0211 (3)(f) for the deposition of
sediment and animal waste to at least 2,800 linear feet of stream.
$ 1092.06 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of civil penalty I have considered
the factors listed in G.S. 14313-282.1(b), which are:
(1)The degree and extent of harm to the natural resources of the State, to public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount saved by noncompliance;
(6) Whether the violation %vas committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulator;
(8) The costs to the State for the enforcement procedures.
(Date) Ted L. Bush, Chief
Aquifer Protection Section
Division of Water Quality

Assessment Factors
Violator: Harold Woody
Owner: Harold Woody
Region: Winston-Salem
3. The degree and extent of harm to the natural resources of the State, to public health or to
private property:
The sections of Mary's Creek that flow through the Harold Woody property are class C NSW
waters of the State. This water is designated NSW in the classification schedule in order to limit
the discharge of nutrients (usually nitrogen and phosphorus). While the stream depth was such
That representative samples could not be obtained, this office believes that the presence of sludge
worms; foam, odor, and up to eight inches of waste and sediment are clear indications that the
discharge of nutrients from Mr. Woody's operation have harmed, to a high degree, the water
quality in Mary's Creek.
2. The duration and gravity of the violations:
DWQ observed water quality problems at this farm 12 years ago. Our files document that
animal waste was discharging from the feedlot area as far back as January 1997. At that time,
Mr. Woody was issued an NOV for "Discharging in excess of BMPs." A letter from DWQ
dated January 1998 documents that Mr. Woody was again allowing the runoff of waste from his
facility. The severe stream bank erosion and denuded riparian buffers will take several months
to be repaired, particularly since at least 2,800 linear feet of stream has been impacted.
Milk production records indicate that Mr. Woody has been operating Triple W Farms above the
100-cow threshold since early 2006. Not only is the herd size above the permitted threshold,
but the number of confined cattle has been steadily increasing as well. Mr. Woody verbally
confirmed that he has had at least 160 cattle on site for at least two years.
3. The effect on ground or surface Nvater quantity or quality or on air quality:
The effect of waste and sediment run-off from Triple W Farms has had an unknown effect on
ground water thus far. The air duality appears to be similar to that of any other dairy operation
within the WSRO area.
The effect of several years of noncompliance has had a direct impact on water quality. Stream
banks have been destroyed and the stream channel has been eroded and undercut while several
inches of sediment and waste has xvashed off the denuded cattle lots into waters of the State.
The nutrient impact upon this NSW stream has become visually apparent as well.

0 0
Assessment Factors
Harold Wood},
Page 2
4. The cost of rectifying the damage:
The cost of fencing the cattle out of the stream(s) and establishing adequate buffers would need
to be calculated. Each stream crossing is estimated to cost $8000410,000. The installation of
fresh water drinkers for the cattle and associated and piping would also add to this cost.
Preliminary estimates are that Mr. Woody would need to spend $20,000-50,000 to address the
stream issues. This is dependant, of course, upon how much of the work would need to be
contracted and how much could be completed by the owner.
5. The amount of money saved by noncompliance:
Mr. Woody has not had to pay an annual fee for the required permit ($160/year) in the
approximately four years that that this office believes Triple W Farms to have been above the
cattle threshold. Since he must now obtain his animal waste operators license, lie has also saved
another $10 per year by not obtaining the required license and/or'the cost of having the waste
applied by another certified operator ($30-60 per load).
Mr. Woody has also saved several thousand dollars by not constructing a waste storage structure-
(or structures) or installing fencing to exclude cattle from the stream. The financial costs to
become compliant include the construction of a solid waste storage structure as well as a liquid
waste storage structure if the existing one does not meet NRCS standards. Costs would also
include roof guttering to exclude as much fresh water from the system as possible since no
guttering is currently in place. Initial calculations suggest that Mr. Woody may need to acquire
additional land (through purchase or lease) in order to address the land application requirements
for the herd size he wishes to maintain. Total costs to obtain an animal waste management
permit are expected to be at least $150,000.
6. Whether the violation was committed willfully or intentionally:
This office considers the failure to apply for a permit to have been committed willfully and
intentionally by Harold Woody. On October 15, 1998, Mr. Woody signed and submitted a
"Request for Removal of Registration" in which acknowledges that he would be required to
obtain a CAWMP and permit, prior to expansion.
The Division of Environmental Health milk inspector for Triple W Farms estimates that each
dairy cow at this facility produces, on average, 80 pounds of milk daily. Milk production
records document that between 500 to 7,650 pounds of milk were sold daily during 1998-2002.
In 2003 through the first half of 2005, milk production ranged from 6500 to 8600 pounds per
day. Pounds of milk sold daily increased to 10,000 during mid 2005 to 2007. In 2008 the daily
poundage increased to 11,000 while in 2009 production rose to 11,500 pounds. Records suggest

i •
Assessment Factors
Harold Woody
Page 3
that this facility has maintained more than 100 cattle since early 2006. Mr. Woody himself also
stated that the herd has "been around 160 for a couple of years."
The stream standard violations were willful and possibly intentional. Letters from DWQ and
the Alamance Soil and water Conservation District staff document that in 1997 and 1998 Mr.
Wood), was previously provided technical assistance and guidance on the proper measures and
management techniques needed to control the run-off of waste into the stream.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
?Notice of Violation--February 2, 1994 for late submittal of"Registration Form for Animal
Feedlot Operations."
!Notice of Violation—January 22, 1997 for the discharge of animal waste from the feedlot and
silage storage areas.
Arotice of Violation—April 3, 1997 for failing to designate an Operator in Charge.
8. The costs to the State of the enforcement procedures.
Investigator— 5.5 hours field time $ 144.40
- 24 hours enforcement time $ 693.12
Sherri Knight - 1 hour for enforcement review $ 35.00
Mileage - 278 miles a 0.43 cents/mile $ 119.54
Administrative Costs $100.00
Total Cost $1092.06
9. Type of Violator:
Harold Woody operates a dairy operation. At the time of the February and May 2009 violations,
there were at least 160 confined adult cattle on site.

10. Violator's degree of cooperation (including efforts to restore) or recalcitrance:
Mr. Woody readily allowed DWQ staff on the property and actively participated in the
investigation while also being very pleasant when dealing with DWQ representatives. He
requested the technical assistance of the Alamance County Soil and Water Conservation District
and participated in their April 21, May 28, and June 10, 2009 on-site reviews and evaluations.
11. Mitigating factors:
None
12. Assessment factors:
A. iwC----NA
B. Receiving Stream-----Mary's Creek/Cape Fear Basin
C. SOC/JOC---------NA
D. Copy of M1' Screen-----NA
E. Copy of Limits Page----NA
F. Damage------Stream Standards Violations
Certification:
I certify that the information in this report is true to the best of my knowledge.
'-)AJ,UG v
Date} Principal Investigator

Fax,
NCDE��t
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 mill 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 401-10, Permit Number AWD010010
Alamance County
Dear Mr. Woody:
On May 1, 2009 Ms Melissa Rosebrock from the Division of Wafer 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
fallowing stream standard violations were documented:
(1) Removal of Best Usage • The stream impacts noted above corslitute a violation of 15A NCAC 213
.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 tyater pollution which
preclude any of these uses on either a short-term or long-term basis will be considered to be violating a
dater qualify 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 wafers 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.
1 h-,sla,,-Sa*m Regional Office
565 Wao9hlown 5treel Wjnslon-5a1em,NC P107
Phone s36-771.500C`FAX:[phone],Cuslomer Service:1-877-523-6748 One. r�
Internet:W-Av.ncwaleryuaiily.org NorthCa�rroth a
,,n Gcai 0,1(,rwiily�Aflirmaave AA010n"Employer 'Vatr�{`i llrf
c

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 expianaticn 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
[phone],
Sincerely,
r
Sherri V. Knight, P.E.'
Regional Supervisor, Aquifer Protection Section
cc: APS-Animal Feeding Operatiorns Unil
Alamance County SWCDINRCS
�,-WSROIAPS Files^` 4
�^�inslon-Salem Reylnaa!Office
585 waughlown Street Winston-Salem,NC 27107
Phone:[phone] FAX:M-771-4631 1 Customer Service;1-877-623.6748 One
Internet:www.ncYaalerEluality.org NorthiCarolina
An E.qua!OP,aarlwity 1 Affirrna6ve Arbon Employee NatU "Gl1411

Rt=celvto
H•G•apt of EHR
APR .i0 '
Winston-Salem
Regional Office
r
✓V � y

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 AVAIL 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 par#, "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 involving_100 or more confined cattle is considered an "animal operation" requiring application for coverage under
a-Gatlfe��aste-Manager�e�-System-6erjefaf F-'offal#—To-date�he-0ivisio�as-r+e#-roc-eived-a-pe�mit�pptic-a#ten-fer�r+�le - ---_ ..
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-foRvard it to the----
Director, along with the enforcement package, for consideration.
Winstor,-Salem Regional Ofrice
585'Naughtown Street winslon-Salem,NC 27107
r none:335-771.50.001 FAX:33E-771-4531 1,Customer Service:1-577-623-6748 One
1n.emet wy.w.r}tvvaiergeallly.or9 NorthCarol1lica
An 7qua:Opporluniry1A6firma"veActionEmployer xiitlll wlly

Woody
April 1, 2009
Page 2
In addition, upon receipt of this letter, you have sixty (60) days to submit the attached "Stale
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
[phone], 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 143-215A 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 [phone].
Sincerely,
Sherri V. Knight,P.E.
Regional Supervisor,Aquifer Protection Section
Attachment
...eeding pera ions-Unit.-----
Alamance County SWCDfNRCS
Division of Environmental Health -WSRO
?WSRO APS Files s= ;
Central Office AP File

State of North Carolin
Department of Envir*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 DEPARTMCNT OF
ENVIRONMCNT AND-NATURAL RESOURCES
RECEIVE D
March 5, 1999 N.C. Dept. of l~HNR
HAshevilleld Woody
Triple�'V la'arms
MAR 2 199
3545-E Greensboro Rd
Snow Camp NC 27349 Winston-Salem
Subject: Removal'of Regi"Oonai 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 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 srtic. 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 waste system 30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at [phone] ext 57 L
Sincerely,
A. Preston Howard,Jr.,P.E.
ce: Winston-Salem Water Quality Regional Office
Alamance. Soil and Water Conservation District
Facility File
P.Q. Box 29535, Raleigh,North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% 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: C 1 U
f;y
Farm Name: 7,',2 le GtJ
Owner: 1 .6
n a� �el CZ4
J Mailing Address: .5 /. = � tdr�� 0i5clrar arre' / � Ent
County:
Cormments:_1/�7�c-i
Operation is:
�elow threshold
out of busihessfno animals on site
closed out per Iti'RCS standards
Signature:
Agency:
Please return completed form to: DEFM-D'WQ ~
Water Quality Section
Compliance Group
P.O. Box 29535
Raleigh,NC 2762 6-053 5
RR-3/97

REQUEST FOR REMOVAL OF REGISTRATION
The followinst farm does not meet the 2H .0200 registration requirements. Please inactivate this
facility on the registration database.
Facility Number: 61 " 10
Farm Name:
Owner: Woo
Mailing Address: Sry.S- A'
County:
This Operation is:
pasture only (no confinement)
dry litter poultry operation
out of business/no animals on site
closed out per MRCS standards
below .the threshold (less that 250-swine, 100-confined cattle, 75-horses, 1000-sheep or
30,000-poultry with a liquid animal waste manaeernent system)
Cot' ,.Cnt5:
I am aware that even though I may qualify to be reinoved from the animal operations registradon database, the
Director of the Division of Water Quality (DWQ) may still require me to obtain a Cenified 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 1,
in the future, decide to repopulate this facility at or below the originally registered number of animals, I am required
to obtain a CAWMP 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 REcE` ED
eater Quality Section
Non-Discharge Compliance Unit AUG 13 1998
P.O. Box 29535
Raleigh, NC 27626-0535 SN�tnj '.R true Comb ancenl
yl:t i�V l V��Lii t�
RR-2/98

03 '153'10.00"N I I I I I 035 54 0.0 "N II 935'154'30.40"N I I I I 1 i031 55�0.00"
11 ) `'t f ff�t,++F 'i • �``ti.�'�\ • '� '`t.^! ♦ J' J�ram. i_.� �r.
;. ` """�`�,rX �7 r' L �_ ell � -0• � 1 '.� 'i �., 1-1.7 ( �.��•�
•��` �r° r•k '1,,,� ��n` (� ,4t � ram} ,j- ' f� A" y.'� '�� � t '�-, i`?�''� t
\' f�/+�r �/f�•' -��\•1 E..r'_'l;.\i• r +i...' �+, �.. �" .emu•/ �y � y vt\,'l. { yr y` : � � '••_ R ` + � 1.,,,. . .� +t
1p .^--• f✓J1�' ��'i/ �4,I.� r'" �� � '� w'\ „i 1 , r > � �` .ten'-},_ r° 1 • •Sy r ff I'l i i, � �
1 � I' � I L Y \ \ t + 1 � \. �W l .+. ..✓
co � r•..• 'i'� 1 .-•• .., r � \„ 4 � . ,t �1 "} 1� • f `•,r J �J f .. � . I� �4 � I q� w„
c \r1 �r, •,,, r^ 3 t r"'- •, 1,^ w g ... � •`-•. ;r f,.M'•r � %'���� � � A.1 �.,„3 �_
m T .� L � ,,,,,^% .Y t .' 1\t�sli � •. V•'*. 1 _` �_ i r } }}}71 r ^"\ � •�. � r„� '-_ .s J m Y`\,' '� 11 p�.-.�,�.,f
'!f.r '•,,.,,... ..f } :M1y • ''` "'•�17� ��a.�4 • ` 4\.X I y /j r� `~ ,r'F •,/ 'r �rr�•• \ y„ k jf •\_..:.-�-.. �-
� .,\,re!` :..+ y� `�..��y,'•-'•,.�",_ja«....",..•" •'�.... � \ ��'= Wit:.=r.-.".."' ,l f,�ar � -� ems,'° �4� ,\I �.'�.- Ir
3 '4'ti1` 11 ' r •',..r^ ��` "`Iw.._..,« i�rj f 4 i ..• "`' .� '�. Y
'"''.\�,u �\ �� ."1�`�i.`'y\ '°`•[. . 'J'•• CC:: S � I �\� !n3 !'`.� L•✓ �� �r-r f.w•'� ; ff r
e 1,�'�'4 \� y t \ ^�~ ✓ I y l� 1 r �.'w... /" f'�"n 3 ,M1 - -==.s"a
m r I 1 •n ///J A c ••--•
v '''w. 1tt � �r 4_` Y r � � 1 a-,.✓�..+•" - 1'� } rs+../+,j
d l � ,� l ".. n 1� F � X � � '� •. l�v" •/,/ f i� I. J V (r \ �1 1\ //
II '3 .,� rlyy{lr r�1 \f , j..- �.. y r r+ I • t `([� •._/ i`� a J .. �V�'"w' •..•....,` \!i �� 1(f
'� ` 1 :.�,�._yh1,1 + I 1p"•w f •, •� � �, � ! "� \ t S' ,./���t .. �_.'"'r.`--." ... ,r,�. ! � a ''f� � °
m ti ` .. ^. :{ i i •+ a � tt r...,.,� v+ 'k 9. 1. // s r1. '" . �••y 1 '�,7',,•✓.�-•,`i�'./'1 ..+ r ;
� .`L, 1 ti�.`'.y +., t! �)} / i; f 11, � �.,��:1. �....- r' -'...ter �• •��1 r t/} }f'M` /r'4�' '�,j
"�_•J'„J 1.�r 1 i .t !. ( i• f_.' '\ ,>.-..� \ (^-"'`• s '!•�..._..�'....,.._� = �+ •�\ \� .L t o
\ \- ..�_ /. .��� 5�i`_J > ,r• r`- -•'`vr�r t, �.'� �% r!'. "` •i .r' f• .,_+ rt 1 .,fr.Y '
.�l � �� ►+. ��..�•�. �' r �"`r�` �T"~f^\r'<� •,/• 1 , h� e'�1.���+,���--
_ � (r ..•'-�^`---1 • �,l� 1 Y y r 5 i (\I, ( Y __ ✓ �� •: .��r.'•�sir' - 'A".�'«-_'••�._\\,�
,.1 �•f.�_ ` ..•� f„e• f`�i; �'ll �1 3Y i t X ' � i r•,/+i'�..• vs....--' .oi.?�� .r•.•�—�°•:% ��•�•',��`.�` \ ':�
" rr� ` ":1'"\. _ � .-/ / � I• I •V 1 / `•°'4' rj' •�r ti:�'��•`ti`-'•. .t�.. � �R/'���'"�'wy.w•jl �• 1\`j '
.. k �'„ ' • ( ;`.ice,•,/^ ;. �,,,,r S i,..n..� � � f+� �` l��? (,,;, ^-'.L.:..�.�;^"� /`,• i � '-"1r * +t ,`�}�'t
C +. s... }•�: `� t rr .i J �rJ I`a�\Y: C:11 '•� i rwf•• _ 1..., ,1 _I tfr o
i• !1 ' ..{ /. .r � \ f/" i .J ! 7 ` yr ! Ir '•'"' "". n 11� 1
m „� { � �• • rr i '\ \'�... / � w .�r r t 1 �,,�,,,'`. 4... rn-..'' '...y� � I 'i 1 r of� m
o N ,�. I., II 1. � I 1��,4 ° � I\_f► t � !.+'1 } `". .,,_-...—.. •'',,.-,••..�...,,\ t / ,�w!it o
�3''53' 0' " •* 35 54 0. " 35-S4'30..0"N 1 I I I 35"55 O.G "

Supporting Documents
Attachment F

•
Name of Stream Description Curr. Class Date Basin Stream Index#
Varnals Creek From source to Haw C;NSW 12/01/83 Cape fear 16-21
River
Rock Creek From source to Varnals C;NSW 12/01/83 Cape Fear 16-21-1
Creek
Chub Creek From source to Haw C;NSW 12/01/83 Cape Fear 16-22
River
Meadow Creek From source to Haw C;NSW 12/01/83 Cape Fear 16-23
River
Whiteheat Creek From source to Haw C;NSW 12/01/83 Cape Fear 16-24
River
Motes Creek From source to Haw C;NSW 12/01/83 Cape Fear 16-25
(Newland Creek) River
Marys Creek From source to Haw C;NSW 12/01/83 Cape Fear 16-26
River
Long Branch From source to Marys C;NSW 12/01/83 Cape Fear 16-26-1
Creek
Cane Creek From dam at Cane Creek C;NSW 12/01/83 Cape Fear 16-27-(7)
Reservoir to Haw River
Caterpillar Creek From source to Orange WS-T-I;HQW,NSW 08/03/92 Cape Fear 16-27-6-(1)
County SR 1007
Cane Creek From source to Haw C;NSW 12/01/83 Cape Fear 1¢-28
(South side of River
Haw River)
Wells Creek From source to Cane C;NSW 12/01/83 Cape Fear 16-28-1
Creek
Hunting Branch From source to Cane C;NSW 12/01/83 Cape Fear 16-28-2
Creek
Reedy Branch From source to Cane C;NSW 12/01/83 Cape Fear 16-28-3
Creek
Foust Creek From source to Cane C;NSW 12/01/83 Cape Fear 16-28-4
Creek
South Fork Cane From source to Cane C;NSW l2/01/83 Cape Fear 16-23-5
Creek Creek
Pine Hill Branch From source to South C7NSW 12/01/83 Cape Fear 16-28-5-1
Fork Cane Creek
Pine Branch From source to Cane C;NSW 12/01/63 Cape Fear 16-28-6
Creek
Big Branch From source to a point C;NSW 12/01/83 Cape Fear 16-29-(1)
0.3 mile upstream of
Alamance County SR 2182
Big Branch From a point 0.3 mile WS-IV;NSSJ 08/03/92 Cape Fear 16-29-(2)
upstream of Alamance
County SR 21B2 to Haw
River
Lick Creek From source to a point C;NSW 12/01/83 Cape Fear 16--31-3-(1)
0.8 mile uppstream of
N.C. Hwy. 87
Lick Creek From a point 0.6 mile WS-Iv;NSW 08/03/92 Cape Fear 16-31-3-(2)
uppstream of N.C. Hwv.
87 to Terrells Creek
North Prong From source to Rocky WS-11I 08/03/92 Cape Fear 17-43-4
Rocky River River
Page 5 of 6 2009-05-09 05:22:00

oE��antEy I-597-4808209
BUSINESS C ORATION
ANNUAL REPORT
NAME OF BUSINESS CORPORATION: Triple W Farms,Inc.
FISCAL YEAR ENDING: STATE OF INCORPORATION: NC
SECRETARY OF STATE CORPORATE ID NUMBER: 0151373
NATURE OF BUSINESS: Farming
REGISTERED AGENT: Woody,Harold
REGISTERED OFFICE MAILING ADDRESS: 35451;Greensboro lChapel Hill Road
Show Camp,MC 27349
REGISTERED OFFICE STREET ADDRESS: 3545 E Greensboro I Chapel Hill Road
Show Camp,NC 27349 AL 4AfAj'1'CE County
SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNA-ITURE CONSTITUTES CONSENT'TO THE.>VPPOINTMTN'T
PRINCIPAL OFFICE TELEPHONE NUMBER: [phone]
PRINCIPAL OFFICE MAILING ADDRESS: 3545 E Greensboro-C'hulx,l Hill Road
Snow Camp,NC 27349
PRINCIPAL OFFICE STR-EET ADDRESS: 3545 EGreensboro-chapellHill Road
Snow Camp,MC 27349-0000
PRINCIPAL OFFICERS: Cry
1Vaine:Harold woody 1- `
Title:President
Address: �]
3 545 E Greensboro-Chapel Hill Roa o /�
Snow Camp, 11'C 27349
CERTIFICATION OF ANNUAL Rl CORPORATIONS
oLO CAmP i I
FORAI MUST BE SIGNED BY AN( �! '� 3 DATE
TYPE OR PRI` l Q�CJI.a'J TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $2 fIiee Box 29525- Raleigh,NC 27626-0525
a

ri
NC Department of
Environmental Quality PAT MCCRORY
Received
Governor
NOV 10 2016 DONALD R. VAN DER VAART
Winston-Salem Secretary
Water Resources Regional Office S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
November 8, 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp,North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Permit#: AWDO10010
Alamance County
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 3236 in the amount of$200.00
on November 7, 2016. This payment satisfies the penalty amount due, andtthe case is now
closed. �
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laws. 1f you have any questions, please call me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS- Winston-Salem Regional Office
File #DV-2015-0012
WQROS Central Files (AWDO10010)
State of North Carolina f Environmental Quality I Water Resources
Water Quality Regional Operations Section
1636 Mail service Center I Raleigh,North Carolina 27699-1636
919 707 9129

N C Department of
Environmental Quality PAT MCCRORY
k Received
Governor
� OCT Y 7 2016
(
DONALD R. VAN DER VAART
Winston-Salem
— Secretary
Water Resources
Regional Office S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Direcrar
October 3, 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Permit#: AWD010010
Alamance County
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 3186 in the amount of$200.00
on October 3, 2016. Your next payment of$200.00 should be made payable to DWR before
November 1, 2016. The total balance of the penalty is $200.00.
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laws. If you have any questions,please call me at [phone].
Sincerely,
ewa
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS- Winston-Salem Regional Office
File#DV-2015-0012
WQROS Central Files (AWD010010)
State of North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operations section
1636 Klail service Center I Raleigh.North Carolina 27699-1636
r 919 807 6464
pi

NC Department of
Environmental Quality Received PAT MCCRORY
�� [BCD 0 2 2016` Governor
Winston-Salem DONALD R. VAN DER VAART
Regional Office Secretary
Water R esources w S. 3 A Y Z I M M E R M A N
ENVIRONMENTAL QUALITY
birectar
September 1, 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Permit #: AWD010010
Alamance County
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 3149 in the amount of$200.00
on August 31, 2016. Your next paymen[ of S200.00 shoulu be inane payable to DWR before
October 1, 2016. The total balance of the penalty is $400.00.
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laws. If you have any questions, please call me at [phone].
Sincerely,
� e�
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS- Winston-Salem Regional Office
File #ITV-2015-0012
WQROS Central Files (AWD010010)
State of North Carolina I Environmental Quality[WatCr Resources
Water Quality Regional Operations Section
161E Ntai>cenlcc Ccmcr I Raleinh.North C'amlina 77A"-143R
919 807 6464

NC Department of PAT MCCRORY
Environmental Quality
Received Governor
AUG 0 3 2016 DONALD R. VAN DER VAART
` Winston-Salem secretary.
Water Resources Regional Office S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
August 1, 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Permit#: AWD010010
Alamance County
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 2940 in the amount of$200.00
on August 1, 2016. Your next payment of$200.00 should be made payable to DWR before
September 1, 2016. The total balance of the penalty is $600.00.
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laws. 1f you have any questions, please call me at [phone].
Sincerely,
cry
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS- Winston-Salem Regional Office
File# DV-2015-0012
WQROS Central Files (AWD010010)
State of North Camlina I Environmental Quality I Water Resources
Water Quality Regional Operations Section
163E Mail service Center [ Raleigh,North Carolina 2760-1636
919 907 6464

NC Department of
Environmental Quality PAT MCCRORY
_ Received
i' Governor
~' JUN 24 2016
DONALD R. VAN DER VAART
Winston-Salem Secrefan
Water Resources Regional Office S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Direclor
June 22, 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Permit#: AWD010010 A W G o 1 o o l 0
AlamanceCounty
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 2990 in the amount of$200.00
on June 22, 2016, Your next payment of$200.00 should be made payable to DWR before August
1, 2016. The total balance of the penalty is $800.00.
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laws. If you have any questions,please call me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS- Winston-Salem Regional Office
File#DV-2015-0012
WQROS Central Files (AWDO10010)
State o(North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operations Section
1636 Mail crrvice CeTuer I Raleigh.North Carolina 27699-1676
919 807 6464

N C Department of "W
Environmental Quality ;i PAT MCCRORY
Received
^s Gnvenwr
UN i 201 ->;V DONALD-R. VAN DER VAART
Winston-Salem
Secretary
Water Resources Regional Office S. JAY ZIMMERMAN
ENVIRONMENTAL OUAUTY
Director
June 14, 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Permit #: AWD010010
Alamance County
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 3121 in the amount of$200.00
on May 231 2016. Your next payment of$200.00 should be made payable to DWR before July 1,
2016- The total balance of the penalty is $1000.00.
Payment of this penalty does not preclude.further action by this Division for violations of
the Staters environmental laws, If you have any questions, please call me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS- Winston-Salem Regional Office
File#DV-2015-0012
WQROS Central Files (AWD010010)
State of North Carolina I Emironlnental Quality I Water Resources
Wzuer Quality Regional Operations Section
16;6 Mail service Center ! Raleigh,Nonit Carolina 27t,44-1 h}h
919 807 6464

PAT MCCRORY
NC De,+ j1af trl"I£'nt of "-$ Gu,•e�nar
Environmental Quality `
a+ Received DONALD R. VAN DER VAART
APR 0 6 2016
Water Resources _ r S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
yY�:�• rnStOn_Salem -',;
Oerector
Regional office
April 4, 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Permit#: AWDO10010
Alamance County
Dear Harold Woody:
This letter is to acknowledge receipt of your Cheek Number 3048 in the amount of$200.00
on April 4, 2016. Your next payment of$200.00 should be made payable to DWR before May 1,
2016. The total balance of the penalty is S 1400.00.
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laws. If you have any questions, please call the at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS- Winston-Salem Regional Office
File #DV-2015-0012
WQROS Central Files (AWD010010)
State of North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operations Section
1636 Mail sen-ice Center I Ralcil;ll,North Carolina 2 7699-1636
919 807 6464

NC Department Of �w PAT MCCRORY
Environmental Quality
Received
t _It GGovernor
= MAR 0 7 2016
-: w,J DONALD K. VAN DER VAART
- w= Winston-Salem : secrelar<.
Regional Office ' S. JAY ZIMMERMAN
WuterResources :3 °-
ENVIRONMENTAL QUALITY ""'i
Director
March 3, 2016
Darold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp,.North Carolina 27349
R E: Payment Schedule for Civil Penalty
File Na_: DV-2015-0012
Permit #: AWD010010
Alamance County
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 2918 in the amount of$200.00
on March 3, 2016. Your next payment of S200.00 should be made payable to DWR before April
1, 2016. The total balance of the penalty is S1600.00.
Payment of this penalty does not preclude further action by this Division for violations of
the Staters environmental laws. If you have any questions,please call me at(919) 807-6340.
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS-Winston-Salem Regional Office
File#DV-2015-0012
WQROS Central Files(AWDO10010)
State of North Carolina I Environmental Quality I Water Resources
Water Quality Ragioaal Operations Section _
1636 Mail service Center I Raleigh,North Carolina 27699-1636
919 807 6464

RECElvl=o PAT MCCRORY
N.C.Oept.of ENR (;,,,.crm?,.
FEB 03 2016 DONALD R. vAiv DER NlAART
Winston-Salem vrrra frt
Water Resources
Regional Office S. J A l' %I M Rf F R,M A N
ENVIRONMENTAL OUALITV
0ird 4-wr
February 1. 2016
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
RE: Payment Schedule for Civil Penalty
File No.: DV-2015-0012
Pen-nit #: A W D010010
Alamanee Countv
Dear Harold Woody:
This letter is to acknowledge receipt of your Check Number 2797 in the aneount of S200.00
on February t. 2016. Your next payment of S200.00 should be made payable to DWR before
March 1, 2016. The total balance of the penalty is S 1800.00.
Payment of this penalty does not preclude: further action by this Division for violations of
the States environmental laws. If you have any questions, please call me at [phone].
Sincerely.
Miressa D. Garo ma
Animal Feeding Operations Program
Division of*Water Resources
cc: WQROS- Winston-Salem Regional Office
File# DV-2015-0012
WQROS Central Files(AW1)010010)
Staw of North(-.'Lrnliim j En,ironnknL•d QLLrlil}'I Walcr R"?Urv,;4
Watcrtluility Regional(Ipenaljoikc Section
I06hlail krvk--('enter I Raleigh.North C'arolina27"-tnlo
9IQ 1Q)7 h4to

�s
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
RECEIVED
C Dent of ENR
November 18, 2015 NOV 2 3 2015
Harold Woody
Triple W Farms lorl�-S
alern
Trive
P �s nnal Office
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
SUBJECT: Acknowledgment of Receipt of Payment &Payment Plan
File No.: DV-2015-0012
Permit#: AWC010010
Alamance County
Dear Harold Woody:
On September 2, 2015,the Director of the Division of Water Resources(DWR)assessed a civil penalty
against you in the amount of$15,143.16 including$1143.16 in investigative costs, for various permit
condition violations. In order to resolve this matter, DWR and George Harold Woody have agreed to
enter into a settlement agreement(signed copy attached).
According to the settlement agreement, George Harold Woody agrees to pay the civil assessments
totaling $3143.16.This reduced civil penalty shall be paid as follows: (1) $1143.16 due at initial
execution of the agreement, and(2) $2000.00 due upon expiration of the agreement and can be paid in ten
(10) monthly installments of$200.00 according to the schedule attached herewith as full settlement of
Case No. DV-2015-0012.
DWR acknowledge the receipt of your Check Number 1162 in the amount of$1143.16 on November 13,
2015 as an initial payment. Your next payment of$200.00 should be made payable to DWR before
February 1,2015.The total balance of the penalty is$2000.00.
Failure to make the payments in accordance with the schedule monthly payments will be construed as a
failure to comply with the terms of the settlement agreement and will cause the entire unpaid balance of
the civil penalty to be due and payable and subject to collection through a civil action in the superior
court,
If you have any questions,please call me at(919) 807-6340.
Sincerely,
Miressa D.Garoma
Animal Feeding Operations Program
Division of Water Resources
cc: WQROS-Winston-Salem Regional Office
File#DV-2015-0012
WQROS Central Files(AWC010010)
1636 Mail Service Center, Raleigh,North Carolina 27699-1636
Phone:[phone] Internet:www.ncwater.org
An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled papef

• CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
George Harold Woody
CASE # DV-2015-0012
PAYMENT AMOUNT DATE DUE DATE PAID
$ 200.00 2/1/2015
$ 200.00 3/1/2015
$ 200.00 4/1/2015
$ 200.00 5/1/2015
$ 200.00 6/1/2015
$ 200.00 7/1/2015
$ 200.00 s/1/2015
$ 200.00 9/1/2015
$ 200.00 10/1/2015
$ 200.00 11/1/2015
$ 2000.00 TOTAL
Payments should be by check payable to "NCDEQ" and should be mailed to:
Miressa Garoma
NCDEQ-DWR
1636 Mail Service Center
Raleigh, NC 27699-1636

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ALAMANCE _
IN THE MATTER OF }
NORTH CAROLINA } SETTLEMENT AGREEMENWOV 13 2015
DEEMED PERMIT AWD010010 )
GEORGE EL WOODY ) i{. iui
TRIPLE W FARMS
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6)i this Settlement
Agreement is entered into by George H. Woody, herein referred to as George H. Woody, and the
North Carolina Environmental Management Commission, an agency of the State of North
Carolina created by N.C. General Statute § 143B-282,and hereinafter referred to as the
Commission:
1. George H. Woody and the Commission hereby agree to the following findings:
(a.) George H. Woody owns and operates Triple W Farms, a dairy cattle operation located
along East Greensboro-Chapel Hill Road in Alamance County.
(b.) Triple W Farms,owned and operated by George H. Woody,was deemed permitted as a non-
discharge facility on February 1, 1993 in accordance with Title 15A North Carolina
Administrative Code(hereby known as NCAC) Subchapter 2H Section .0217 (15A NCAC 2H
.0217). This facility is located near, and drains to, Marys Creek, Class WS-V NSW waters of
this State in the Cape Fear River Basin.
(c.) George H. Woody(Triple W Farms) has been noncompliant with G.S. 143-215.10C which
states that no person shall construct or operate an animal waste management system as defined
in G.S. 143-215.1 OB,without obtaining a permit under either this part or Part 1A of this article.
The threshold established in G.S. 143-215.1013 is 100 or more confined cattle.
(d.) Division of Water Resources(DWR)records verify that on October 15, 1998,George H.
Woody signed a"Request for Removal of Registration" form indicating that his operation was
below 100 confined cattle and that be would apply for, and obtain, a permit prior to any future
expansions. To date, George H. Woody has not submitted a complete application for, nor
received, a Cattle Waste Management System Permit.
(e.) On January 27 and February 3,2015,DWR staff visited Triple W Farms to perform an
announced follow-up inspection. During the February 3, 2015 inspection, DWR staff
documented at least 129 dairy cattle being maintained on feedlots at Triple W Farms.
(f.) North Carolina G.S. 143-215.1(a)(1) states that"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. Make any outlets
into waters of the State."
(g.) North Carolina G.S. 143-215.10C states that an animal waste management system shall be
operated so as to not cause pollution in the waters of the State.
(h.) On January 27, 2015, DWR staff documented illegal discharges occurring from both a slurry
tank and a concrete lot located behind the milking barn. Waste from both sources was

Harold Wood—Triple W Farms Settlement Agreement
AWD010010
p. 2
observed flowing downhill and into an intermittent stream which then flows into the UT to
Marys Creek.
(i.) On February 3, 2015, several inches of sediment and waste was observed in all the ditches and
wet-weather branches containing flowing water located kon Triple W Farms. All cattle lots
along and near surface waters were severely denuded and eroded due to excessive cattle
activity which is channeling the run-off of sediment and waste into waters of the State.
Approximately 2,135 linear feet of stream was impacted.
The impacts occurred to Marys Creek,Class WS-V NSW waters within the Cape Fear River
Basin.
(k.) George H. Woody has been assessed penalties totaling$15,143.16($1,143.16 are
investigative costs) in the mutter for violations ofNCGS 143-215(a)(12); 143-215.1(a)(1); and
143-215.1OC(bl). The assessment document can be found in Attachment B.
(1.) Pursuant to a DWR inspections conducted February 3,2015 and June 23 2015 George H.
Woody had completed corrective actions with respect to no further direct discharge to surface
waters of the State and cattle exclusion,respeectively.
2. Based upon the above findings, George H. Woody and the Commission agree to the
implementation of the following schedule:
(a.) Complete the construction, installation and certification of the animal waste management
system by December 1, 2015. The items noted in Attachment A roust be completed prior to
final certification.
(b.) Submit a complete animal waste management system permit application to Division of Water
Resources by December 31, 2015. Any extension request must be executed in writing and
submitted to the Winston-Salem Regional Office before December 31,2015. There is no
guarantee, implied or otherwise,that an extension will be granted.
(c.) Achieve consistent compliance with the Cattle General Animal Waste Permit AWC010010 no
later January 31, 2016. "Consistent compliance"as stated here is defined as being compliant
with all terms and conditions of Permit AWCO10010.
(d.) George H.Woody must provide written notification to the Winston-Salem Regional Office,
Water Quality Regional Operations Section,of compliance with activities listed in paragraph
2, within seven calendar days of completion of the tasks listed in 2(a-c).
3. Nothing in this Agreement relieves George H. Woody (Triple W Farms) of the duty to abide by
the terms of Permit AWD010010. Noncompliance with the terms of the permit AWD010010 may
subject George H. Woody to the assessment of additional civil penalties during the time this
Agreement is in effect.However,the Division will use discretion in its consideration of civil penalty
assessments for violations of permit limits that occur during the life of the Agreement.
4. Failure to comply with the terms of this Agreement may subject George FT, Woody to the
assessment of additional civil penalties.

RECEIVED
Harold Wood—Triple W Farms Settlement Agreement
N.C.Dept of ENR
AWD010010 NOV 0. 6 205
p 3 WiNSTON-SALEM
REGIONAL OFFICE
5. Upon George H. Woody's complete satisfaction of the terms of this Agreement,the outstanding
balance of civil penalties noted in paragraph 1.(k.)shall be reduced to the total amount of$ 3,143.16.
This reduced civil penalty amount shall be paid as follows: (1)$1_,143.16 due at initial execution of
this Agreement, and(2)$2,000.00 due upon expiration of this successfully completed Settlement
Agreement. The remaining$2,000.00 due upon expiration can be paid in ten(10)monthly
installments of$200.00 each with the first installment being due immediately upon expiration of this
Settlement Agreement.
6. Failure to comply with the terms of this Agreement will subject George H. Woody to the entire civil
penalty of$15,143.16 as documents in Attachment B.
7. Requests, actions and or reports required by-the terms of paragraph 2.above shall be deemed overdue
if they are not made,completed or submitted by the dates specified. The burden for providing
sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by
George H. Woody.
8. Because this is an Agreement between the Commission and George H. Woody, neither party will
file a petition for a contested case or for judicial review concerning its terms.
9. This Agreement-shall expire February 1, 2016.
For George H. Woody
Date 11 5 l t
George R. Woody
Owner
For the Nort na Environmental Management Commission
(;;I ---- - Date / l 7/Ze,
S. Jay i
Directo
North Carolina Division of Water Resources
for the Chair of the Commission

NORTH CAROLINA -
ENVIRONMENTAL MANAGEMENT COMNUSSION
COUNTY OF ALAMANCE NOV 2 3 2015 }��y,�
un Salem 1= E-;*kV�IL ENRii t`"ilR%
1N THE MATTER OF ) a',onel Office
NORTH CAROLINA ) SETTLEMENT AGREEMENWOV 13 2015
DEEMED PERMIT AWDO10010 )
GEORGE H.WOODY ) �''�::=`:',"its I`ivt;:uf
TRIPLE W FARMS
4
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement
Agreement is entered into by George H. Woody, herein referred to as George H. Woody, and the
North Carolina Environmental Management Commission, an agency of the State of North
Carolina created by N.C. General Statute § 143B-282, and hereinafter referred to as the
Commission:
1. George H. Woody and the Commission hereby agree to the following findings:
(a) George H. Woody owns and operates Triple W Farms, a dairy cattle operation located
along East Greensboro-Chapel Hill Road in Alamance County.
(b.) Triple W Farms, owned and operated by George H. Woody, was deemed permitted as a non-
discharge facility on February 1, 1993 in accordance with Title 15A North Carolina
Administrative Code (hereby known as NCAC) Subchapter 2H Section .0217 (15A NCAC 2H
.0217). This facility is located near, and drains to, Marys Creek, Class WS-V NSW waters of
this State in the Cape Fear River Basin.
(c.) George H..Woody(Triple W Farms) has been noncompliant with G.S. 143-215.10C which
states that no person shall construct or operate an animal waste management system as defined
in G.S. 143-215.1013, without obtaining a permit under either this part or Part IA of this article.
The threshold established in G.S. 143-215.10B is 100 or more confined cattle.
(d.) Division of Water Resources(DWR)records verify that on October 15, 1998, George H.
Woody signed a"Request for Removal of Registration'form indicating that his operation was
below 100 confined cattle and that he would apply for, and obtain, a permit prior to any future
expansions. To date, George H. Woody has not submitted a complete application for, nor
received, a Cattle Waste Management System Permit.
(e.) On January 27 and February 3, 2015, DWR staff visited Triple W Farms to perform an
announced follow-up inspection. During the February 3, 2015 inspection, DWR staff
documented at least 329 dairy cattle being maintained on feedlots at Triple W Farms.
(f) North Carolina G.S. 143-215.1(a)(1)states that"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: Make any outlets
into waters of the State."
(g) North Carolina G.S. 143-215.10C states that an animal waste management system shall be
operated so as to not cause pollution in the waters of the State.
(h.) On January 27, 2015, DWR staff documented illegal discharges occurring from both a slurry
tank and a concrete lot located behind the milking barn. Waste from both sources was

Harold Wood—Triple W Farms Settlement Agreement
AWD010010
p. 2
observed flowing downhill and into an intermittent stream which then flows into the UT to
Marys Creek.
(L) On February 3, 2015, several inches of sediment and waste was observed in all the ditches and
wet-weather branches containing flowing water located on Triple W Farms. All cattle lots
along and near surface waters were severely denuded and eroded due to excessive cattle
activity which is channeling the run-off of sediment and waste into waters of the State.
Approximately 2,135 linear feet of stream was impacted.
The impacts occurred to Marys Creek, Class WS-V NSW waters within the Cape Fear River
Basin.
(k.) George H. Woody has been assessed penalties totaling $15,143,16 ($1,143.16 are
investigative costs) in the matter for violations of NCGS 143-215(a)(12); 143-215.1(a)(1); and
143-215.1OC(bl). The assessment document can be found in Attachment B.
(1.) Pursuant to a DWR inspections conducted February 3, 2015 and June 2, 2015 George H.
Woody had completed corrective actions with respect to no further direct discharge to surface
waters of the State and cattle exclusion, respectively.
2. Based upon the above findings, George H. Woody and the Commission agree to the
implementation of the following schedule:
(a.) Complete the construction, installation and certification of the animal waste management
system by December 1, 2015. The items noted in Attachment A must be completed prior to
final certification.
(b.) Submit a complete animal waste management system permit application to Division of Water
Resources by December 31, 2015. Any extension request must be executed in writing and
submitted to the Winston-Salem Regional Office before December 31,2015. There is no
guarantee, implied or otherwise,that an extension will be granted.
(c.) Achieve consistent compliance with the Cattle General Animal Waste Permit AWC010010 no
later January 31, 2016. "Consistent compliance"as stated here is defined as being compliant
with all terms and conditions of Permit AWC010010.
(d.) George H_ Woody must provide written notification to the Winston-Salem Regional Office,
Water Quality Regional Operations Section, of compliance with activities listed in paragraph
2,within seven calendar days of completion of the tasks listed in 2(a-c).
3. Nothing in this Agreement relieves George H. Woody (Triple W Farms) of the duty to abide by
the terms of Permit AWD010010. Noncompliance with the terms of the permit AWD010010 may
subject George H. Woody to the assessment of additional civil penalties during the time this
Agreement is in effect. However,the Division will use discretion in its consideration of civil penalty
assessments for violations of permit limits that occur during the life of the Agreement.
4. Failure to comply with the terms of this Agreement may subject George H. Woody to the
assessment of additional civil penalties.

t�4 J N.C.Dept.afDENR
Harold Woad —Triple Farms Settlement Agreement �
AWD010010 NOV Q 6 20
p. 3
WNSTON-SALEM
REGIONAL OFFICE
S. Upon George H. Woody's complete satisfaction of the terms of this Agreement, the outstanding
balance of civil penalties noted in paragraph 1.(k.)shall be reduced to the total amount of$3,143.16.
This reduced civil penalty amount shall be paid as follows: (1)$1,143.16 due at initial execution of
this Agreement, and(2) $2,000.00 due upon expiration of this successfully completed Settlement
Agreement. The remaining 2 000.00 due upon expiration can be paid in ten(10)monthly
installments of$200.00 each with the first installment being due immediately upon expiration of this
Settlement Agreement.
6. Failure to comply with the terms of this Agreement will subject George H. Woody to the entire civil
penalty of$15,143.16 as documents in Attachment B.
7. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed overdue
if they are not made, completed or submitted by the dates specified. The burden for providing
sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by
George H. Woody.
8. Because this is an Agreement between the Commission and George H. Woody,neither party will
file a petition for a contested case or for judicial review concerning its terms.
9. This Agreement shall expire February 1, 2016.
For George H. Woody
�c Date
George fl. Woody
Owner
For the North na Environmental Management Commission /
Date
S. Jay i
D ire cto
North Carolina Division of Water Resources
for the Chair of the Commission

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ALAMAINCE
IN THE MATTER OF )
NORTH CAROLINA } SETTLEMENT AGREEMENT
DEEMED PERMIT AWD010010 }
GEORGE H. WOODY )
TRIPLE W FARMS }
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement
Agreement is entered into by George H. Woody, herein referred to as George H. Woody, and the
North Carolina Environmental Management Commission, an agency of the State of North
Carolina created by N.C. General Statute § 143 B-282, and hereinafter referred to as the
Commission_
1. George H. Woody and the Commission hereby agree to the following findings:
(a.) George H. Woody awns and operates Triple W Farms, a dairy cattle operation located
along East Greensboro-Chapel Hill Road in Alamance County.
(b) Triple W Farms, owned and operated by George H. Woody, was deemed permitted as a non-
discharge facility on February 1, 1993 in accordance with Title 15A North Carolina
Administrative Code (hereby known as NCAC) Subchapter 2H Section .0217 (15A NCAC 2H
.0217). This facility is located near, and drains to, Marys Creek, Class WS-V NSW waters of
this State in the Cape Fear River Basin.
(c.) George H. Woody(Triple W Farms) has been noncompliant with G.S. 143-215.1OC which
states that no person shall construct or operate an animal waste management system as defined
in G.S. 143-215.1013, without obtaining a permit under either this part or Part IA of this article.
The threshold established in G.S. 143-215.1013 is 100 or more confined cattle.
(d.) Division of Water Resources(DWR)records verify that on October 15, 1998, George H.
Woody signed a"Request for Removal of Registration" form indicating that his operation was
below 100 confined cattle and that he would apply for, and obtain, a permit prior to any future
expansions. To date, George H. Woody has not submitted a complete application for, nor
received, a Cattle Waste Management System Permit.
(e.) On January 27 and February 3, 2015, DWR staff visited Triple W Farms to perform an
announced follow-up inspection. During the February 3, 2015 inspection, DWR staff
documented at least 329 dairy cattle being maintained on feedlots at Triple W Farms.
(f.) North Carolina G_S. 143-215.1(a)(1) states that"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. Make any outlets
into waters of the State."
(g.) North Carolina G.S. 143-215.1 OC states that an animal waste management system shall be
operated so as to not cause pollution in the waters of the State.
(h.) On January 27, 2015, DWR staff documented illegal discharges occurring from both a slurry

Harold Woody—Triple W Farms Settlement Agreement
AWDO 10010
p. 2
tank and a concrete lot located behind the milking barn. Waste from both sources was
observed flowing downhill and into an intermittent stream which then flows into the UT to
Marys Creek.
(i.) On February 3, 2015, several inches of sediment and waste was observed in all the ditches and
wet-weather branches containing flowing water located on Triple W Farms. All cattle lots
along and near surface waters were severely denuded and eroded due to excessive cattle
activity which is channeling the run-off of sediment and waste into waters of the State.
Approximately 2,135 linear feet of stream was impacted.
The impacts occurred to Marys Creek, Class WS-V NSW waters within the Cape Fear River
Basin.
(k.) George H. Woody has been assessed penalties totaling$15,143.16 ($1,143.16 are
investigative costs) in the matter for violations ofNCGS 143-215(a)(12); 143-215.1(a)(1); and
143-215.1 OC(b 1). The assessment document can be found in Attachment B.
(L) Pursuant to a DWR inspections conducted February 3, 2015 and June 2, 2015 George H,
Woody had completed corrective actions with respect to no further direct discharge to surface
waters of the State and cattle exclusion, respectively.
2. Based upon the above findings, George H. Woody and the Commission agree to the
implementation of the following schedule:
(a.) Complete the construction, installation and certification of the animal waste management
system by October 31, 2015. The items noted in Attachment A must be completed prior to
final certification.
(b.) Submit a complete animal waste management system permit application to Division of Water
Resources by December 31, 2015. Any extension request must be executed in writing and
submitted to the Winston-Salem Regional Office before December 31, 2015. There is no
guarantee, implied or otherwise, that an extension will be granted.
(c.) Achieve consistent compliance with the Cattle General Animal Waste Permit AWC010010 no
later January 31, 2016. "Consistent compliance" as stated here is defined as being compliant
with all terms and conditions of Permit AWC010010.
(d.) George H. Woody must provide written notification to the Winston-Salem Regional Office,
Water Quality Regional Operations Section, of compliance with activities listed in paragraph
2, within seven calendar days of completion of the tasks listed in 2(a-c).
3. Nothing in this Agreement relieves George H. Woody (Triple W Farms) of the duty to abide by
the terms of Permit AWDO10010. Noncompliance with the terms of the permit AWDO10010 may
subject George H. Woody to the assessment of additional civil penalties during the time this
Agreement is in effect. However, the Division will use discretion in its consideration of civil penalty
assessments for violations of permit limits that occur during the life of the Agreement.

Harold Woody—Triple W Farms Settlement Agreement
AWD010010
p. 3
4. Failure to comply with the terms of this Agreement may subject George H. Woody to the
assessment of additional civil penalties.
5. Upon George H. Woody's complete satisfaction of the terms of this Agreement, the outstanding
balance of civil penalties noted in paragraph l.(k.)shall be reduced to the total amount of$ 4,143.16,
This reduced civil penalty amount shall be paid as follows: (1) $1,143.16 due at initial execution of
this Agreement, and(2) $3,000,00 due upon expiration of this successfully completed Settlement
Agreement. The remaining$3 0, 00.00 due upon expiration can be paid in ten (10) monthly
installments of$300.00 each with the first installment being due immediately upon expiration of this
Settlement Agreement.
6. Failure to comply with the terms of this agreement Agreement will subject George H. Woody to the
entire civil penalty of$15,143.16 as documents in Attachment B.
7. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed overdue
if they are not made, completed or submitted by the dates specified. The burden for providing
sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by
George H. Woody.
$. Because this is an Agreement between the Commission and George H. Woody, neither party will
File a petition for a contested case or for judicial review concerning its terms.
9. This Agreement shall expire February 1, 2016.
For George H. Woody
Date
George H. Woody
Owner
For the North Carolina Environmental Management Commission
Date
S. Jay Zimmerman
Director
North Carolina Division of Water Resources
for the Chair of the Commission

Harold Woody Triple W Farms Settlement Agreement
AWD010010
p. 4
ATTACHMENT A
1, Install the two 24 inch inlet pipes on the inside of the pond. Secure the joints with SS screws.
2. Spread the top soil around the outside of the pond so the planted grass will grow.
3. Mow or excavate around the pond so we can see how it looks. The weeds were pretty tall the
last time I was there.
4. The back side of the dam is a little too steep. It should not be any steeper than 3:1 so it can be
maintained. 4:1 is much easier to mow than 3:1. You can use topsoil for this. Don't worry about
disturbing the small sediment trap behind the dam. If you need to remove that sediment trap to
make the dam better-do it.
5. Some of the pond rim areas still need to be smoothed out and packed.
6. You will need to seed and mulch the disturbed soil areas.
7. The scraped manure from your alley ways has piled up under the push off ramp, There is a heap
of manure there now and it is running down and into the pond. This is the outside ramp and not
your dry stack that I am talking about. The manure is running down the hill and into the pond in its
own pathway, not in a ditch or pipe. You and I discussed this several times and I sent you a long
email on 8-25-15 about the manure issue. Your pond was not specifically designed to accept
manure solids, but if you want to put the small amount of manure that will come off the push off
ramp inside the pond you can do so, but you will need to use a pipe and a concrete entrance or
box for the manure. Do not transfer the existing piled up manure under the ramp to the new
pond. Go ahead and spread this stored manure onto crops as per your permit requirements. If
you authorize it I can design the new pipe and box, but allowing the manure to run across the
ground to the pond is not a good plan. .lust make sure you reread my email from 8-25-15 to
make sure adding solids to your pond it is what you want to do. Do not add the dry stack manure
to your pond.
8. The emergency overflow at the pond needed to be smoothed out some so it is more or less level.

A q r�-.e rve r NCDE�R '
1
.,n 3alam !
North Carolina Department of Environment and Natural Res ources---���`=-"�►�=
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 2, 2015
CERTIFIED MAIL-#70141200 0001 3432 6639
RETURArRECEIPT REQUESTED
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp,North Carolina 27349
SUBJECT; Assessment of Civil Penalties for Violation(s) of
N.C.General Statute(s) 143-215.1
Farm#01-0010
Alamance County
Enforcement File No,DV-2015-0012
Dear Harold Woody:
This letter transmits notice of a civil penalty assessed against Harold Woody in the amount of$14,000.00,
and $1143.16 in investigative costs, for a total of $15,143.16. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a
new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Waier Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
QR
1611 Mail Service Center,Raleigh,North Carolina 27699-i61 i
Phone:[phone] Internet:httpAvww.ncwater.orgl
An Equal Opportunity 1 Alflrmaiive Action Empio1v--Made in part by recycled paper

Assessment of civil penalty
Harold Woody
Enforcement#DV-2015-0010
Page 3 of 3
days of receipt of. this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with
restrictions) - provided the signed original, one (1).copy and a filing fee (if a filing fee is required by
NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission. You should contact.the Office of Administrative Hearings
with all questions regarding the filing fee and/or the details of the filing process. The mailing address and
telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DENR as follows:
Sam M..Hayes, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty(30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
R
S. Jay erman, P.G., Director
Division of Water Resources
ATTACHMENTS
cc: Corey Basinger; Winston-Salem WQROS Regional Supervisor w/attachments
File# DV-2015-0012 w/attachments
WQROS Central Files w/attachments
Alamance County Health Department

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALAMANCE
IN THE MATTER OF: ) FILE NO. DV-2015-0012
HAROLD WOODY )
FOR VIOLATIONS OF: )
NORTH CAROLINA ) FINDINGS AND DECISIONS
GS 143-215.1 AND GS 143-215.1 OC ) AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources, I, S. Jay Zimmerman, Director of the Division of Water Resources (DWR), make the following:
L FINDINGS OF FACT:
A. Harold Woody owns and operates Triple W Farms, a dairy cattle operation located along East
Greensboro-Chapel Hill Road in Alamance County.
B. Triple W Farms was deemed permitted as a non-discharge facility on February 1, 1993 in accordance
with Title I SA North Carolina Administrative Code(hereby known as NCAC) Subchapter 2H
Section .0217 (15A NCAC 2H .0217).
C. North Carolina General Statute 143-215 (a)(12) states in part that"No person shall construct or
operate an animal waste management system as defined in G.S.143-215.1OB,without obtaining a
permit under either this part or Part I of this article". The threshold established in G.S. 143-
215.1OB is 100 or more confined cattle.
D. DWR records verify that on October 15, 1998, Harold Woody signed a"Request for Removal of
Registration"form indicating that his operation was below 100 confined cattle and that he would
apply for, and obtain a permit prior to any future expansions. To date,Harold Woody has not
submitted a complete application for, nor received, a Cattle Waste Management System Permit.
E. On January 27 and February 3,2015,DWR-WSRO staff visited Triple W Farms to perform an
announced follow-up inspection.During the February 3, 2015 inspection,DWR staff documented at
least 329 dairy cattle being maintained on feedlots at Triple W Fauns.
F. North Carolina G.S. 143-215.1(a)(1) states that"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: Make any outlets into waters of the
State."
G. North Carolina G.S. 143-215.10C(b 1)states in part that"Animal waste management system... shall
be designed,constructed, maintained, and operated ... so that the animal operation served by the
animal waste management system does not cause pollution in waters of the State."

a
Based upon the above Findings of fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Harold-Woody, owner of Triple W Farms at the time of non-compliance,is hereby assessed a
civil penalty of:
$ , 9V_ for violation of NCGS 143-215 (a)(12) by operating an animal waste
management system without a required pem-it.
for violation of G. S. 143-215.1(a)(1) and NCGS 143-215.1OC(bl) for making
an outlet to the waters of the State without a permit and by failing to operate
an animal waste management system without causing pollution in waters of
the State.
$ 1,143. 66 Enforcement costs
$ t TOTAL AMOUNT DUE.
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,.or to
private property resulting from the violation;
(2) The duration and gravity of the Violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be considered
a separate violation subject to a maximum $25,OOO,OO per day penalty. Civil penalties and investigative cost
may be-assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Harold Woody, in
accordance.with N.C.G.S. 143-215.6(A)(d).
ate} S. Jay .i� . an,P.G.,Director
Divisz of Water Resources

r
DIVISION OF WATER RESOURCES
CIVIL,PENALTY ASSESSMENT FACTORS
Violator: Harold Woody
County: Alamance
Case Number: DV-2015-0012
Permit Number: AWD010014
ASSESSMENT FACTORS
1} The degree and extent of harm to.the natural resources of the State,to the public health,-or to
private property resulting from the violation;
The section of unnamed tributary to Marys Creek that flows through Triple W Farms is a class WS-[ NSW
water of the State. It is believed that the presence of foam; odor, and at least 6-8 inches of waste and
sediment are clear indications that the discharge ofsediment and nutrients from Mr. Woody's operation'
have harmed, to a high degree, the water quality in the UT to Marys Creek.
2) The duration and.gravityof the violation;
DWR staff observed water quality problems at this farm 18 years ago- Our files document that animal
waste was discharging-from the feedlot area as far back as January 1997. To date, the animal waste is still
not being managed properly nor has a complete application package been submitted. Construction of the
new waste structure was ordered by Alamance Superior Court almost years ago.
Records indicate that Mr. Woody has been operating Triple W Farms above the 100-cow threshold since
early.2006. Not only is the herd size above the permitted threshold, but-the number of confined cattle has
been steadily increasing. In 2009 at least 160 cattle were being maintained on the farm. In 2012, at least
225 dairy animals were documented to be in various stalls, dry packs, barns, etc. And during the recent
visits of January and February 2015, at least 329 confined animals were observed.
3) The,effect on ground or surface water quantity or quality or-on air quality;
The effect of waste and sediment run-off from Triple W Farms has had an unknown effect on ground water.
The effect of several years of noncompliance has had.a direct impact on water quality.. Stream banks have
been destroyed and the stream channel has been eroded and undercut while several inches of sediment and
waste has washed off the denuded cattle lots into waters of the State. The nutrient impact upon this.NSW
stream has become visually apparent as evidenced by algae and fungal growth.
4) The cost of rectifying the damage;
The cost of fencing the cattle out of the streams) and establishing adequate buffers.would need to be
calculated. According to cost estimates for previous Triple W Farms cases, each stream crossing is
estimated to total$8000410,000. The installation ofpiping and fresh water drinkers.for the cattle would
also add.to this cost. Preliminary estimates are that Mr. Woody would need to spend$20,000-50 000 to
address the stream issues.
S) The amount of money saved by noncompliance;
Since he has not yet been permitted, Mr. Woody has not had to pay the annual fee of$160 for the
approximately 10 years that this office believes Triple W Farms to have met the 100-cattle threshold. Mr.
Woody has also saved several thousand dollars by not constructing a waste storage structure (or
structures)or installing fencing to exclude cattle from the stream.'The financial costs to become compliant
include the completion of the new waste storage structure. Costs would also include roof guttering to
exclude as much.fresh waterfrom the system.as possible since little-guttering is currently in place.Initial
calculations suggest that Mr. Woody may need to:acquire additional land(through purchase or lease)in
order to address the land application requirements for-the herd size he wishes to maintain. After the 2009
assessment, total costs to obtain an animal waste management permit were expected to be at least
$150,000.
6) Whether the violation was committed willfully or intentionally;
This office considers the failure to apply for a permit to have been committed willfully and intentionally by
Harold Woody. On October 15, 1998, Mr. Woody signed and submitted a "Request for Removal of
red L.0-8.31.09

1♦
North Carolina Department of Environmental Quality
Pat McCrory Donald van der Vaart
Governor Secretary
October 19, 2015
CERTIFIED MAIL#7010 2780 0001 4236 4724
RETURN RECEIPT REQUESTED
George H. Woody
Triple W Farms
3545 E. Greensboro Road
Snow Camp,NC 27018
SUBJECT: Revised Settlement Agreement
Deemed Permit A WDO 10010
Alamance County
Dear Mr, Woody:
The Director of the Division of Water Resources has reviewed and accepted your October 12, 2015
verbal requests for an extension of the completion date for condition 2(a) of the Settlement
Agreement and for further reduction of the September 2, 2015 civil penalty assessment(DV-2015-
0012). The revised Settlement Agreement offer, attached, is only valid until 5:00pm on November
S, 201 S.
While reviewing the attached Settlement Agreement,you should note the following:
• The construction, installation and certification of the animal waste management system must
be completed by December 1, 2015. The items noted in Attachment A must be completed
prior to final certification.
• A complete animal waste management system permit application must be submitted to
Division of Water Resources by December 31, 2015. Any extension request must be in
writing and submitted to the Winston-Salem Regional Office before December 31, 2015.
There is no guarantee, implied or otherwise, that an extension will be granted.
• Consistent compliance with the Cattle General Animal Waste Permit must be achieved by
January 31, 2016. "Consistent compliance" is defined as being compliant with all terms and
conditions of Permit AWC010010.
• Upon completion of the terms of the Agreement,the outstanding balance of civil penalties
shall be reduced to the total amount of$ 3,143.16.
• Failure to comply with the terms of the Agreement will subject you to the entire civil
penalty of$15,143.16 as documented in Attachment B.
450 West Hanes Mill Road,Suite 300,Winston-Salem, NC 27105
Phone:[phone]\Internet:www.ncwaterguality.org
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

W 0-61 00 1 o
SENDER-.COMPLETE THIS SECTION COMPLETE THIS ON.DELIVERY
■ Complete items 1,2,and 3. A.-,Signature,,, ..
■ Print your name and address on the reverse X ❑Agent
so that we can return the card to you. A64 ❑Addressee
■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. bate of Delivery
or on the front if space permits. he ,W fq`.29 1�
D. Is delivery address different from item 17 ❑Yes
George H. Woody If YES,enter delivery address below: ❑No
Triple W Farms
3545 E. Greensboro Road
Snow Camp, NC 27018
III�IIIIIIIIIlilllliit IIIIIIIIIIIIIIIIIIIIIIII 3.❑dultSign Signature 0Re&taredMallpTAA
❑Adult Signature Restricted Delivery ❑Rapistered Mask Restricted
9590 9403 0268 5155 4908 35 rr Certified Man® r�livery
❑Certified Mail Resbicted Delivery ❑Return Receipt for
M Collect on Delivery Merchandise
o__nwi..L. n r-,Jw r. Delivery Restricted Delivery ❑Signature Confinnatlonr
7 010 2780 0001 4236 4 7 2 4- W1 Restricted Delivery ❑Signature Co fi
livery ion
Restricted Delivery
PS Form 3811,April 2015 P5N 7530-02-000-9053 16 —36 l5 Domestic Return Receipt

UNITED STAT>T -0S SERVICE First-Class Mail
Postage&Fees Paid
..�..� Permit No.G-10
USPS
l n • '�"CtL'bO C.�L I
• Sender: Please Drint..vour name. address. and 7_IP+4®in this box*
DIVISION OF WATER QUALITY
N. C DEPT OF ENVIRONMENTAL QUALITY
I 450 WEST HANES MILL ROAD, SUITE 300
WINSTON-SALEM, NC 27105
I
LISPS TRACKING# N.C.Dept.of FNP
OCT 3 0 2015
'INLF CE
ANA OF
95�o g�io3 13a "'s' Isslt�w �81t '� �I �jl, jll�l'�jillf#Ijllll

r
Woody-Settlement Agreement(AWD010010)
October 19,2015
Page 2
If you have questions concerning this Agreement, please contact Melissa Rosebrock or me at (336)
776-9800.
Sincerely,
_w*wrb4A"�
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment
cc: NCDENR-DWR Animal Feeding Operations Program
WSRO Facility Files
1

t
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ALAMANCE
IN THE MATTER OF )
NORTH CAROLINA ) SETTLEMENT AGREEMENT
DEEMED PERMIT AWDO10010 )
GEORGE H. WOODY )
TRIPLE W FARMS )
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement
Agreement is entered into by George H. Woody, herein referred to as George H. Woody, and the
North Carolina Environmental Management Commission, an agency of the State of North
Carolina created by N.C. General Statute § 143B-282, and hereinafter referred to as the
Commission:
1. George H. Woody and the Commission hereby agree to the following findings:
(a.) George H_ Woody owns and operates Triple W Farms, a dairy cattle operation located
along East Greensboro-Chapel Hill Road in AIamance County.
(b.) Triple W Farms, owned and operated by George H. Woody, was deemed permitted as a non-
discharge facility on February 1, 1993 in accordance with Title 15A North Carolina
Administrative Code (hereby known as NCAC) Subchapter 2H Section .0217 (15A NCAC 2H
.0217). This facility is located near, and drains to, Marys Creek, Class WS-V NSW waters of
this State in the Cape Fear River Basin.
(c.) George H. Woody (Triple W Farms) has been noncompliant with G.S. 143-215.I OC which
states that no person shall construct or operate an animal waste management system as defined
in G.S. 143-215.1013, without obtaining a permit under either this part or Part I A of this article.
The threshold established in G.S. 143-215.1013 is 100 or more confined cattle.
(d.) Division of Water Resources(DWR)records verify that on October 15, 1998,George H.
Woody signed a"Request for Removal of Registration" form indicating that his operation was
below 100 confined cattle and that he would apply for, and obtain, a permit prior to any future
expansions. To date, George H. Woody has not submitted a complete application for, nor
received, a Cattle Waste Management System Permit.
(e.) On January 27 and February 3, 2015, DWR staff visited Triple W Farms to perform an
announced follow-up inspection. During the February 3, 2015 inspection, DWR staff
documented at least 329 dairy cattle being maintained on feedlots at Triple W Farms.
(f.) North Carolina G.S. 143-215.1(a)(1)states that"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: Make any outlets
into waters of the State."
(g.) North Carolina G.S. 143-215.1 OC states that an animal waste management system shall be
operated so as to not cause pollution in the waters of the State.
(h) On January 27, 2015, DWR staff documented illegal discharges occurring from both a slurry
tank and a concrete lot located behind the milking barn. Waste from both sources was

Harold Wood—Triple W Farms Settlement Agreement
AWD010010
p. 2
observed flowing downhill and into an intermittent stream which then flows into the UT to
Marys Creek.
(i.) On February 3, 2015, several inches of sediment and waste was observed in all the ditches and
wet-weather branches containing flowing water located on Triple W Farms. All cattle lots
along and near surface waters were severely denuded and eroded due to excessive cattle
activity which is channeling the run-off of sediment and waste into waters of the State.
Approximately 2,135 linear feet of stream was impacted.
The impacts occurred to Marys Creek, Class WS-V NSW waters within the Cape Fear River
Basin.
(k.) George H. Woody has been assessed penalties totaling $15,143.16 ($1,143.16 are
investigative costs) in the matter for violations of NCGS 143-215(a)(12); 143-215.1(a)(1); and
143-215.1OC(bl). The assessment document can be found in Attachment B.
(L) Pursuant to a DWR inspections conducted February 3, 2015 and June 2, 2015 George H.
Woody had completed corrective actions with respect to no further direct discharge to surface
waters of the State and cattle exclusion, respectively.
2. Based upon the above findings, George H. Woody and the Commission agree to the
implementation of the following schedule:
(a.) Complete the construction, installation and certification of the animal waste management
system by December 1, 2015. The items noted in Attachment A must be completed prior to
final certification.
(b.) Submit a complete animal waste management system permit application to Division of Water
Resources by December 31, 2015. Any extension request must be executed in writing and
submitted to the Winston-Salem Regional Office before December 31, 2015. There is no
guarantee, implied or otherwise,that an extension will be granted.
(c.) Achieve consistent compliance with the Cattle General Animal Waste Permit AWC010010 no
later January 31, 2016. "Consistent compliance" as stated here is defined as being compliant
with all terms and conditions of Permit AWCO10010.
(d.) George H. Woody must provide written notification to the Winston-Salem Regional Office,
Water Quality Regional Operations Section, of compliance with activities listed in paragraph
2, within seven calendar days of completion of the tasks listed in 2(a-c).
3. Nothing in this Agreement relieves George H. Woody (Triple W Farms) of the duty to abide by
the terms of Permit AWD010010. Noncompliance with the terms of the permit AWDO10010 may
subject George H. Woody to the assessment of additional civil penalties during the time this
Agreement is in effect. However, the Division will use discretion in its consideration of civil penalty
assessments for violations of permit limits that occur during the life of the Agreement.
4. Failure to comply with the terms of this Agreement may subject George H. Woody to the
assessment of additional civil penalties.

Harold Wood—Triple-W Farms Settlement Agreement
AWD010010
p. 3
S. Upon George H. Woody's complete satisfaction of the terms of this Agreement, the outstanding
balance of civil penalties noted in paragraph 1.(k.) shall be reduced to the total amount of$ 3,143.16.
This reduced civil penalty amount shall be paid as follows: (1) $1,143.16 due at initial execution of
this Agreement, and (2) $2,000.00 due upon expiration of this successfully completed Settlement
Agreement. The remaining$2,000.00 due upon expiration can be paid in ten (10)monthly
installments of$200.00 each with the first installment being due immediately upon expiration of this
Settlement Agreement.
6. Failure to comply with the terms of this Agreement will subject George H. Woody to the entire civil
penalty of$15,143.16 as documents in Attachment B.
7. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed overdue
if they are not made, completed or submitted by the dates specified. The burden for providing
sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by
George H. Woody.
&. Because this is an Agreement between the Commission and George H. Woody, neither party will
file a petition for a contested case or for judicial review concerning its terms.
9. This Agreement shall expire February I, 2016,
For George H. Woody
Date
George H. Woody
Owner
For the North Carolina Environmental Management Commission
Date
S. Jay Zimmerman
Director
North Carolina Division of Water Resources
for the Chair of the Commission

Harold Wood—Triple W Farms Settlement Agreement
AWDOIOOIO
p. 4
ATTACHMENT A
1. Install the two 24 inch inlet pipes on the inside of the pond. Secure the joints with SS screws.
2. Spread the top soil around the outside of the pond so the planted grass will grow.
3. Mow or excavate around the pond so we can see how it looks. The weeds were pretty tall the last
time I was there.
4. The back side of the dam is a little too steep. It should not be any steeper than 3:1 so it can be
maintained. 4:1 is much easier to mow than 3:1. You can use topsoil for this. Don't worry about
disturbing the small sediment trap behind the dam. If you need to remove that sediment trap to
make the dam better- do it.
5. Some of the pond rim areas still need to be smoothed out and packed.
6. You will need to seed and mulch the disturbed soil areas.
7. The scraped manure from your alley ways has piled up under the push off ramp. There is a heap
of manure there now and it is running down and into the pond. This is the outside ramp and not
your dry stack that I am talking about. The manure is running down the hill and into the pond in its
own pathway; not in a ditch or pipe. You and I discussed this several times and I sent you a long
email on 8-25-15 about the manure issue. Your pond was not specifically designed to accept
manure solids, but if you want to put the small amount of manure that will come off the push off
ramp inside the pond you can do so, but you will need to use a pipe and a concrete entrance or
box for the manure. Do not transfer the existing piled up manure under the ramp to the new
pond. Go ahead and spread this stored manure onto crops as per your permit requirements. If
you authorize it I can design the new pipe and box, but allowing the manure to run across the
ground to the pond is not a good plan. Just matte sure you reread my email from 8-25-15 to
make sure adding solids to your pond it is what you want to do. Do not add the dry stack manure
to your pond.
8. The emergency overflow at the pond needed to be smoothed out some so it is more or less level.

L.LAUt. f:ja j
Alt SET
NCDENRi'I �!lnst3r,-Sa1ar
North Carolina Department of Environment and Natural
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 2,2015
CERTIFIED MAIL- #70141200 00013432 6639
RETURN RECEIPT REQUESTED
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Canip,North Carolina 27349
SUBJECT: Assessment of Civil Penalties for Violation(s)of
N.C. General Statute(s) 143-215.1
Farm#01-0010
Alamance County
Enforcement File No.DV-2015-0012
Dear Harold Woody:
This letter transmits notice of a civil penalty assessed against Harold Woody in the amount of$14,000.00,
and $1143.16 in investigative costs, for a total of $15,143.16. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a
new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
OR
1611 Mail Service Center,Raleigh,North Carolina 27699-1611
Phone:[phone] Internet:ht1p:1lwww.ncwater.org1
An Equal Opportunity MIRmallve Action Employer—Made in part by recycled paDe:

Assessment of civil penalty
Harold Woody
Enforcement#DV-2015-0010 \
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s)-occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a requik must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or-legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage -resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(S) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their,decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted
to the following address:
Miressa Garorna
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition forth from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty(30)

Assessment of civil penalty
Harold Woody
Enforcement#DV-2015-0010
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received .in the Office of
Administrative Hearings during normal office hours. The .Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with
-restrictions) - provided the signed original, one (1).copy and a filing fee (if a filing fee is required by
NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission. You should contact the Office of Administrative Hearings
with all questions regarding the filing fee and/or the details of the filing process. The mailing address and
telephone and.fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Sam M. Hayes, General Counsel
DENNR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an intemal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
S. Jay erman, P.G., Director
Division of Water Resources
ATTACEL TENTS
cc: Corey Basinger, Winston-Salem WQROS Regional Supervisor w/attachments
Pile #DV-201.5-0012 w/attachments
WQROS Central Files w/attachments
Alamance County Health Department

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COLTNT FY OF ALAMANCE
IN THE MATTER OF: } FILE NO. DV-2015-0012
HAROLD WOODY )
FOR VIOLATIONS OF: )
NORTH CAROLINA ) FINDINGS AND DECISIONS
GS 143-2.15.1 AND GS 143-215.IOC ) AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources, I, S.Jay Zimmerman, Director of the Division of Water Resources(DVVR), make the following:
1. FINDINGS OF FACT:
A. Harold Woody owns and operates Triple W Farms, a dairy cattle operation located along East
Greensboro-Chapel Hill Road in Alamance County.
B. Triple W Farms was deemed permitted as a non-discharge facility on February 1, 1993 in accordance
with Title t 5A North Carolina Administrative Code(hereby known as NCAC) Subchapter 2H
Section.0217(15A NCAC 2H .0217).
C. North Carolina General Statute 143-215 (a)(I2) states in part that"No person shall construct or
operate an animal waste management system as defined in G.S.143-215.1 OB, without obtaining a
permit under either this part or Part I A of this article". The threshold established in G.S. 143-
215.1 OB is 100 or more confined cattle.
D. DWR records verify that on October 15, 1998, Harold Woody signed a"Request for Removal of
Registration"form indicating that his operation was below 100 confined cattle and that he would
apply for, and obtain a permit prior to any future expansions.To date, Harold Woody has not
submitted a complete application for, nor received, a Cattle Waste Management System.Permit.
E. On January 27 and February 3, 2015, DWR-WSRO staff visited Triple W Farms to perform an
announced follow-up inspection. During the February 3, 2015 inspection, DWR staff documented at
least 329 dairy cattle being maintained on feedlots at Triple W Farms,
F. North Carolina G.S. 143-215.1(a)(1) states that "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: Make any outlets into waters of the
State."
G. North Carolina G.S. 143-215.10C(bl)states in part that"Animal waste management system... shall
be designed,constructed, maintained, and operated'.. so that the animal operation served by the
animal waste management system does not cause pollution in waters of the State."

H. On January 27, 2015 DWR staff documented illegal discharges occurring from both a slurry tank and
a concrete lot located behind the milking barn. Waste from both sources was observed flowing
downhill and into an intermittent stream which then flows into the UT to Marys Creek.
1. On February 3, 2015 several inches of sediment and waste was observed in all the ditches and wet-
weather branches containing flowing water located on Triple W Farms. All cattle lots along and near
surface waters are severely denuded and eroded due to excessive cattle activity which is channeling
the run-off of sediment and waste into waters of the State. Approximately 2,135 linear feet of the
stream is impacted.The impacts occurred to Marys Creek, Class WS-V NSW waters within the Cape
Fear River Basin.
J. On February 19, 2015 the DWR-WSRO responded by issuing a Notice of Violation(NOV)/Notice of
Intent to Enforce(NOT) to Harold Woody for maintaining more than 100 confined cattle without an
Animal Waste Management System Permit and for illegally discharging animal waste into Marys
Creek.The NOV/NOI was sent Certified mail and received by Harold Woody on February 21, 2015.
To date,the DWR-WSRO has not received a response from the violator.
K. The costs to the State of the enforcement procedures in these matters totaled$1,143.16.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Harold Woody is a"person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).
B. Marys Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S.
143-212(6).
C. Harold Woody violated G.S. 143-215.1 (a)(12) by operating an animal waste management system
without a required permit.
D. The above-cited discharge constituted making an outlet to waters of the State for purposes of G.S.
143-215.1(a)(1),for which G.S. 143-215.1 requires a permit.
E. Harold Woody violated G.S. 143-215.10C(bl)by failing to operate the anima] waste management
system so as to not cause pollution in the waters of the State.
F. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2),
which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation per day may be assessed against a person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this fart.
G. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(1),
which provides that a civil penalty of not more than twenty five thousand dollars($25,000.00)per
violation may be assessed against a person who violates any classification, standard, limitation,or
management practice pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
H. The State's enforcement costs in this matter may be assessed against Harold Woody pursuant to G.S.
143-215.3(a)(9) and G.S. 143.B-282.I(b)(8).
1. The Director of Division of Water Resources; pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources, has the authority to assess civil penalties in this
matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Harold Woody, owner of Triple W Fauns at the time of non-compliance, is hereby assessed a
civil penalty of:
for violation of NCGS 143-215 (a)(12) by operating as animal waste
management system without a required permit.
for violation of G. S. 143-215,1(a)(1)and NCGS 143-215.1OC(b1) for making
an outlet to the waters of the State without a permit and by failing to operate
an animal waste management system without causing pollution in waters of
the State.
$ 1 143.16 Enforcement costs
TOTAL AMOUNT DUE.
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B=282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally,
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be considered
a separate violation subject to a maximum $25,000.00 per day penalty, Civil penalties and investigative cost
may be-assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fa6t, Conclusions of Law and Decision shall be transmitted to Harold Woody; in
accordance.with N.C.G.S. 143-215.6(A)(d).
2"hel
(bate) S.Jay i r an, P.G., Director
Divisi of Water Resources

DMSION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Harold Woody
County: Alamance
Case Number: DV-2015-0012
Permit Number: AWD010010
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health, or to
private property resulting from the violation;
The section of unnamed tributary to Marys Creek that flows through Triple W Farms is a class IVS-V NSW"
water of the State. It is believed that the presence of foam; odor, and at least 6-8 inches of waste and
sediment are clear indications that the discharge ofsediment and nutrients from Mr, Woody's operation
have harmed, to a high degree, the water quality in the ITT to Marys Creek,
2) The duration and gravity of the violation;
DWR staff observed water quality problems at this farm 18 years ago. Our files document that animal
waste was discharging from the feedlot area as far back as January 1997. To date, the animal waste is still
not being managed properly nor has a complete application package been submitted. Construction of the
new waste structure was ordered by Alamance Superior Court almost years ago.
Records indicate that.Mr. Woody has been operating Triple W Farms above the 100-cow threshold since
early 2006 Not only is the herd size above the permitted threshold-but the number of confined cattle has
been steadily increasing. In 2009 at least 160 cattle were being maintained on the farm. In 2012, at least
225 dairy animals were documented to be in various stalls, dry packs, barns, etc. And during the recent
visits of January and February 2015, at least 329 confined animals were observed.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect of waste and sediment run-off from Triple W Farms has had an unknown effect on ground water.
The effect ofseveral years of noncompliance has had a direct impact on water quality. Stream'banks have
been destroyed and the stream channel has been eroded and undercut while several inches of sediment and
waste has washed off the denuded cattle lots into waters of the State. The nutrient impact upon this NSW
stream has become visually apparent as,evidenced by algae and fungal growth.
.4) The cost of rectifying the damage;
The cost offencing the cattle out of the streams)and establishing adequate buffers.would need to be
calculated. According to cost estimates for previous Triple W Farms cases, each stream crossing is
estimated to total$8000-$10,000. The installation ofpiping and fresh water drinkers for the cattle would
also add to this cost. Preliminary estimates are that Mr. Woody would need to spend$20,000-50,000 to
address the stream issues.
5) The amount of money saved by noncommpliance;
Since he has not yet been permitted, Mr. Woody has not had to pay the annual fee of$160 for the
approximately 10 years that this office believes Triple W Farms to have met the 100 cattle threshold. Mr.
Woody has also saved several thousand dollars by not constructing a waste storage structure(or
structures)or installing fencing to exclude cattle from the stream. The financial costs to become compliant
include the completion of the new waste storage structure. Costs would also include roof guttering to
exclude as much fresh water from the system as possible since little guttering is currently in place. Initial
calculations suggest that Mr. Woody may need to'acquire additional land(through purchase or lease)in
order to address the land application requirements for the herd size he wishes to maintain. After the 2009
assessment, total costs to obtain an animal waste management permit were expected to be at least
$150,000.
6) Whether the violation was committed willfully or intentionally;
This office considers the failure to apply for a permit to have been committed willfully-and intentionally by
Harold Woody. On October 15, 1998, Mr. Woody signed and submitted a "Request for Removal of
rev 1.0•8.31.09

.. r
Registration"In which-he acknowledges that he would be required to obtain a CAWMF and permit,.prior
to expansion. After several inspection reports, letters, NO Ws, a civil penalty assessment and a court order,
Mr. Woody has still not been persuaded to come into compliance.
The continuing discharge of waste from the lots at Triple W Farms is believed to be willful and possibly
intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
February 16, 2010—Civil Penalty Assessment of$9,092.06 for operating an animal waste management
system without a required permit and for allowing waste to enter into at least 2.800linearfeet ofstream.
8) The cost to the State of the enforcement procedures.
SE 143.16
Date . a ,immerman
i
rev 1.0-8.3[.09

RECEIVED
N.C.pept,oiENR
.' SEP 2015
NCDENR `!Winston-Sateen
North Carolina Department of Environment and Natural Resources Re iOia`Office
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 2, 2015
CERTIFIED MAIL - #7014 1200 00013432 6639
RETURN RECEIPT REQUESTED
Harold Woody
Triple W Farms
3545 E. Greensboro Rd
Snow Camp, North Carolina 27349
SUBJECT: Assessment of Civil Penalties for Violation(s)of
N,C. General Statute(s) 143-215.1
Farm#01-0010
Alamance County
Enforcement File No. DV-2015-0012
Dear Harold Woody:
This letter transmits notice of a civil penalty assessed against Harold Woody in the amount of$14,000.00,
and $1143.16 in investigative costs, for a total of $15,143.16- Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a
new enforcement action,including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Waver Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
OR
1611 Mail Service Center,Raleigh,North Carolina 27699-1611
Phoney 919-707-90001 Internet: http:/1www.ncwater.org/
An Equal Opportunity Atfrnn9ve Action Employer—Made in part by recycled paper

Assessment of civil penalty
Harold Woody
Enforcement#DV-2015-0010
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or-legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their.decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider inforrrration that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted
to the following address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty(30)

Assessment of civil penalty
Harold Woody
Enforcement#DV-2015-0010
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with
restrictions) - provided the signed original, one (1).copy and a filing fee (if a filing fee is required by
NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission. You should contact the Office of Administrative Hearings
with all questions regarding the filing fee and/or the details of the filing process. The mailing address and
telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
TO. [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DENR as follows:
Sam M. Hayes, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. if you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
S. Jay'S erman, P.G., Director
Division of Water Resources
ATTACHMENTS
cc: Corey Basinger, Winston-Salem WQROS Regional Supervisor w/attachments
File#DV-2015-0012 w/attachments
WQROS Central Files w/attachments
Alamance County Health Department

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALAMANCE
IN THE MATTER OF: ) FILE NO. DV-2015-0012
HAROLD WOODY )
FOR VIOLATIONS OF: )
NORTH CAROLINA ) FINDINGS AND DECISIONS
GS 143-215.1 AND GS 143-215.1OC ) AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources, 1, S. Jay Zimmerman, Director of the Division of Water Resources(DWR), make the following:
I. FINDINGS OF FACT:
A. Harold Woody owns and operates Triple W Farms, a dairy cattle operation located along East
Greensboro-Chapel Hill Road in Alamance County.
B. Triple W Farms was deemed permitted as a non-discharge facility on February 1, 1993 in accordance
with Title 15A North Carolina Administrative Code(hereby known as NCAC) Subchapter 2H
Section .0217 (15A NCAC 2H .0217).
C. North Carolina General Statute 143-215 (a)(12) states in part that"No person shall construct or
operate an animal waste management system as defined in G.S.143-215.1 OB, without obtaining a
permit under either this part or Part 1 A of this article''. The threshold established in G.S. 143-
215.1 OB is 100 or more confined cattle.
D. DWR records verify that on October 15, 1998, Harold Woody signed a "Request for Removal of
Registration" form indicating that his operation was below 100 confined cattle and that he would
apply for, and obtain a permit prior to any future expansions. To date, Harold Woody has not
submitted a complete application for, nor received, a Cattle Waste Management System Permit.
E. On January 27 and February 3, 2015, DWR-WSRO staff visited Triple W Farms to perform an
announced follow-up inspection, During the February 3, 2015 inspection, DWR staff documented at
least 329 dairy cattle being maintained on feedlots at Triple W Farms.
F. North Carolina G.S. 143-215.1(a)(1) states that"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 pen-nit: Make any outlets into waters of the
State."
G. North Carolina G.S. 143-215.1 OC(bl) states in part that "Animal waste management system... shall
be designed, constructed, maintained, and operated ... so that the animal operation served by the
animal waste management system does not cause pollution in waters of the State,"

H. On January 27, 2015 DWR staff documented illegal discharges occurring from both a slurry tank and
a concrete lot located behind the milking barn. Waste from both sources was observed flowing
downhill and into an intermittent stream which then flows into the UT to Marys Creek.
1, On February 3, 2015 several inches of sediment and waste was observed in all the ditches and wet-
weather branches containing flowing water located on Triple W Farms. All cattle lots along and near
surface waters are severely denuded and eroded due to excessive cattle activity which is channeling
the run-off of sediment and waste into waters of the State. Approximately 2,135 linear feet of the
stream is impacted.The impacts occurred to Marys Creek, Class WS-V NSW waters within the Cape
Fear River Basin.
J. On February 19, 2015 the DWR-WSRO responded by issuing a Notice of Violation(NOV)/Noticc of
Intent to Enforce(NOI) to Harold Woody for maintaining more than 100 confined cattle without an
Animal Waste Management System Permit and for illegally discharging animal waste into Marys
Creek. The NOV/NOI was sent Certified mail and received by Harold Woody on February 21,2015.
To date,the DWR-WSRO has not received a response from the violator.
K. The costs to the State of the enforcement procedures in these matters totaled $1,143.16.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Harold Woody is a "person"within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).
B, Marys Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S.
143-212(6).
C. Harold Woody violated G.S. 143-215.1 (a)(12) by operating an animal waste management system
without a required permit.
I D. The above-cited discharge constituted making an outlet to waters of the State for purposes of G.S.
143-215.1(a)(1), for which G.S. 143-215.1 requires a permit.
E. Harold Woody violated G.S. 143-215.1 OC(b1) by failing to operate the animal waste management
system so as to not cause pollution in the waters of the State.
F. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2),
which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation per day may be assessed against a person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
G. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(1),
which provides that a civil penalty of not more than twenty five thousand dollars($25,000.00)per
violation may be assessed against a person who violates any classification, standard, limitation,or
management practice pursuant to G.S. 143-214.1, 143-214.2,or 143-215.
H. The State's enforcement costs in this matter may be assessed against Harold Woody pursuant to G.S.
143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
1. The Director of Division of Water Resources, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources, has the authority to assess civil penalties in this
matter.

Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION:
Accordingly, Harold Woody, owner of Triple W Farms at the time of non-compliance, is hereby assessed a
civil penalty of,
$- ?,f_ ry, Be for violation of NCGS 143-215 (a)(12) by operating an animal waste
management system without a required permit.
for violation of G. S. 143-215.1(a)(1) and NCGS 143-215,10C(bl) for making
an outlet to the waters of the State without a permit and by failing to operate
an animal waste management system without causing pollution in waters of
the State.
$ 1143.16 Enforcement costs
$ !,5, Z( TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be considered
a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost
may be,assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Harold Woody, in
accordance,with N.C.G.S. 143-215.6(A)(d).
(bate) S. Jay i �6rAian, P.G., Director
Divisibfi of Water Resources

`. DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Harold Woody
County: Alamance
Case Number: DV-2015-0012
Permit Number: AWD010010
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
The section of unnamed tributary to Marys Creek that flows through Triple W Farms is a class WS-V NSW
water of the State. It is believed that the presence offoam, odor, and at least 6-8 inches of waste and
sediment are clear indications that the discharge of sediment and nutrients from Mr. Woody's operation
have harmed, to a high degree, the water quality in the UT to Marys Creek.
2) The duration and gravity of the violation;
DWR staff observed water quality problems at this farm 18 years ago. Our files document that animal
waste was discharging from the feedlot area as far back as January 1997. To date, the animal waste is still
not being managed properly nor has a complete application package been submitted. Construction of the
new waste structure was ordered by Alamance Superior Court almost years ago.
Records indicate that Mr. Woody has been operating Triple W Farms above the 100-cow threshold since
early 2006 Not only is the herd size above the permitted threshold, but the number of confined cattle has
been steadily increasing. In 2009 at least 160 cattle were being maintained on the farm. In 2012, at least
225 dairy animals were documented to be in various stalls, dry packs, barns, etc. And during the recent
visits of January and February 2015, at least 329 confined animals were observed.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect of waste and sediment run-offfrom Triple W Farms has had an unknown effect on ground water.
The effect ofseveral years of noncompliance has had a direct impact on water quality. Stream banks have
been destroyed and the stream channel has been eroded and undercut while several inches of sediment and
waste has washed off the denuded cattle lots into waters of the State. The nutrient impact upon this NSW
stream has become visually apparent as evidenced by algae and fungal growth.
A) The cost of rectifying the damage;
The cost offencing the cattle out of the stream(s) and establishing adequate buffers would need to be
calculated. According to cost estimates for previous Triple W Farms cases, each stream crossing is
estimated to total$8000-S]0,000. The installation ofpiping and fresh water drinkers for the cattle would
also add to this cost. Preliminary estimates are that Mr. Woody would need to spend$20,000-50,000 to
address the stream issues.
.5) The amount of money saved by noncompliance;
Since he has not yet been permitted, Mr. Woody has not had to pay the annual fee of$1 60 for the
approximately 10 years that this office believes Triple W Farms to have met the 100 cattle threshold. Mr.
Woody has also saved several thousand dollars by not constructing a waste storage structure (or
structures) or installing fencing to exclude cattle from the stream. The financial costs to become compliant
include the completion of the new waste storage structure. Costs would also include roof guttering to
exclude as much fresh water from the system as possible since little guttering is currently in place. Initial
calculations suggest that Mr. Woody may need to acquire additional land(through purchase or lease) in
order to address the land application requirements for the herd size he wishes to maintain. After the 2009
assessment, total costs to obtain an animal waste management permit were expected to be at least
$150,000.
6) Whether the violation was committed willfully or intentionally;
This office considers the failure to apply for a permit to have been committed willfully.and intentionally by
Harold Woody. On October 15, 1998, Mr. Woody signed and submitted a "Request for Removal of
rev 1.0-8.31.09

' 1 .
Registration"in which he acknowledges that he would be required to obtain a CAWMP and permit,.prior '
to expansion. After several inspection reports, letters, NO Vs, a civil penalty assessment and a court order,
Mr. Woody has still not been persuaded to come into compliance.
The continuing discharge of waste from the lots at Triple W Farms is believed to be will/ul and possibly
intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
February 16, 2010—Civil Penalty Assessment of$9,092.06for operating an animal waste management
system without a required permit and for allowing waste to enter into at least 2,800 linear feet of stream.
8) The cost to the State of the enforcement procedures.
$1143.16
Y
912120 A �
Date a lmmerman
rev 1.0-$.31.09

and 3.Also complete 7A77""
elivery is desired. ❑ Agent
address on the reverse - " f Addressee
the card to you. S. Received by(Printed Name) C. Date of Delivery
back of the mailpiece, 0 4JG 6 T - l�
e permits.
D. is delivery address different ftm ern 1? ❑'Yes
If YES, enter delivery address below: ❑ No
a Rd
T349 3. ServiceTyrps
❑ Certified Mail ❑ Exprem Mail
❑ Registered ❑ Return Receipt for Merchandise `
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
7014 1200 0001 3432 6639
(2004 Domestic Return Receipt 102595-02-M-1w
117
.I• - A Y - t _ • s r -
m
Y 1 _ 51 Y_ _
m
Postage s
m
Certified Fee
r9
© Return Receipt Fee Postmark
C3 (Endorsement Required) Here
Restricted Delivery Fee
© (Endorsement Required)
C3rU _
Total Pr Harald Woody
Sent To Triple W Farms
Street,A; 3545 E. Greensboro Rd -- -••
arPOBO. Snow Camp, NC 27349 ...
City Stab _

S'
OMIZEM
7A-
X
and 3. Nso complete ature
eGvery is desired. ,� , Agenaddress on the reverse K " " ` / Addressee
the Card to you. B_ Received by (Printed Name) C. Date of Delivery
a back of the mailpiece,
e permits. rL a e, '� L,)G 6 9-S `1-5
D. is delivery address,different from ern 19 0 Yes
It YES, enter delivery address below: ❑ No
Rd
7349 3. Service Type
❑ Certified Mail © Express Mail
❑ Registered ❑ Retum Receipt for Merchandise
❑ insured Mail ❑ G.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
?014 1200 000123432 '6639
r 2004 Domestic Retum Receipt IOMS-02-M-1540
M
...la - - - - • ,
ru
m
-I- :*
Postage S
m ;.
Certified Fee
Postmark
C3 Return Receipt Fee Here
C3 (Endorsement Required)
C3
Restricted Delivery Fee
1-3 (Endorsement Required)
a Tow F` Harold Woody
sent To Triple W Farms
0 5"LKAi 3545 E. Greensboro Rd ------
E,.- or Posy Snow Camp, NC 27349 --------
----------
city,state

r•
1 ..
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
April ld, 2015
MEMORANDUM:
To: Christine Lawson
From: Corey Basinger ,�f
Melissa Rosebrock `t"J?_
Subject: Recommendation for Civil Penalty
Case#: DV-2015-0012
Triple W Farms, AWDO10010
Alamance County
Please find attached, documents supporting the Winston-Salem Regional Office's request
for another civil penalty assessment against Harold Woody, owner of Triple W Farms, for failing
to apply for a required permit and for operating the animal waste system without controlling the
sources of water pollution.
Staff from the Winston-Salem Regional Office Division of Water Resources (WSRO-
DWR) visited Triple W Farms on January 27 and February 3, 2015 to assess the farm's progress
towards fulfilling the terms of the consent judgment (12 CVS 1864) mandated by Alamance
Superior Court (March 4, 2013 and amended May 29, 2013). The judgment stipulated that Mr.
Woody was to: 1) construct a waste structure to store waste water and control lot run-off; and 2)
submit a complete and acceptable permit application in order to maintain more than 100 confined
cattle.
During the visit of January 27, 2015 staff documented at least 329 confined cattle at
Triple W Farms. This number does not include all the cattle residing on denuded lots. It has been
two years since the order, and a completed permit application has not yet been submitted. The
waste pond construction is still only 80-85% complete. Staff also observed the active discharge
&oin both the waste slurry tank and the concrete holding lot located behind the milk parlor barn.
Waste was flowing downhill and into an intermittent stream flowing into unnamed tributary
(UT) to Marys Creek, Class WS-V NSW waters of the State within the Cape Fear River basin.
Observations during our second visit on February 3, 2015 document that sediment and
waste has continued to run off all the feedlots, which are severely denuded and eroded, due to
excessive cattle activity. Sediment .and waste continues to accumulate in waters of the State,
impacting approximately 2,135 linear feet.

Woody - Request for Civil Penalty
April 16, 2015
Page 2
We request that you initiate appropriate action from your office and fonvard the attached
package to the Director of the Division of Water Resources. The following items are being
transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Recent correspondence between violator and DWR, including copies of the
"NOV/NOI letter."
D) Photographs of the site.
E) Maps
Please contact Melissa Rosebrock in our office at [phone] for any additional
information you may need.
Attachments
cc: Winston-Salem Regional Office Facility Files

Assessment Factors
April 16,2015
Violator: Harold Woody -- Triple W Farms
Owner: Harold Woody
Region: Winston-Salem
1. The degree and extent of harm to the natural resources of the State, to public health or to
g
private property:
The section of unnamed tributary to Marys Creek that flows through Triple W Farms is a class
WS-V NSW water of the State. This water is designated NSW in the classification schedule in
order to limit the discharge of nutrients (usually nitrogen and phosphorus). This office believes
that the presence of foam, odor, and at least 6-8 inches of waste and sediment are clear
indications that the discharge of sediment and nutrients from Mr. Woody's operation have
harmed, to a high degree, the water quality in the UT to Marys Creek.
2. The duration and gravity of the violations:
DWR(previously DWQ) observed water quality problems at this farm 18 years ago. Our files
document that animal waste was discharging from the feedlot area as far back as January 1997.
At that time, Mr. Woody was issued.an NOV for "Discharging in excess of BMPs." A letter
from DWR (DWQ) dated January 1998 also documents that Mr. Woody was allowing the
runoff of waste from his facility to discharge into waters of the State. In 2009 Mr. Woody was
issued a Civil Penalty for the discharge of animal waste which impacted at least 2,800 linear feet
of stream. In 2012 Mr. Woody was once again cited (NOV/NOI) for a discharge of animal
waste from the concrete lot into waters of the State. This led to a consent judgment requiring
Mr. Woody to control the discharge of animal waste from his property, construct a permanent
waste structure to contain the waste, and submit a completed application for a permit. To date,
the animal waste is still not being managed properly nor has a complete application package
been submitted. Construction of the new waste structure was ordered by Alamance Superior
Court almost years ago.
Records indicate that Mr. Woody has been operating Triple W Farms above the 100-cow
threshold since early 2006. Not only is the herd size above the permitted threshold, but the
number of confined cattle has been: steadily increasing. In 2009 at least 160 cattle were being
maintained on the farm. In 2012, at least 225 dairy animals were documented to be in various
stalls, dry packs, barns, etc. And during the recent visits of January and February 2015, at least
329 confined animals were observed.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect of waste and sediment run-off from Triple W Farms has had an unknown effect on
ground water. The air quality appears to be similar to that of any other dairy operation within
the WSRO area. The effect of several years of noncompliance has had a direct impact on water
quality. Stream banks have been destroyed and the stream channel has been eroded and undercut
while several inches of sediment and waste has washed off the denuded cattle lots into waters of
the State. The nutrient impact upon this NSW stream has become visually apparent as evidenced
by algae and fungal growth.

Assessment Factors -Harold Woody
April 16,2015
Page 2
4. The cost of rectifying the damage:
The cost of fencing the cattle out of the stream(s) and establishing adequate.buffers would need
to be calculated. According to cost estimates for previous Triple W Farms cases, each stream
crossing is estimated to total $8000410,000. The installation of piping and fresh water drinkers
for the cattle would also add to this cost. Preliminary estimates are that Mr. Woody would need
to spend $20,000-50,000 to address the stream issues. This is dependant, of course, upon how
much of the work would need to be contracted and how much could be completed by the owner.
Mr. Woody has already spent several thousand dollars on a dry pack barn, and the yet
unfinished, waste structure.
5. The amount of money saved by noncompliance:
Since he has not yet been permitted, Mr. Woody has not had to pay the annual fee of$160 for
the approximately 10 years that this office believes Triple W Farms to have met the 100 cattle
threshold. Mr. Woody has also saved several thousand dollars by not constructing a waste
storage structure(or structures) or installing fencing to exclude cattle from the stream. The
financial costs to become compliant include the completion of the new waste storage structure.
Costs would also include roof guttering to exclude as much fresh water from the system as
possible since little guttering is currently in place. Initial calculations suggest that Mr. Woody
may need to acquire additional land (through purchase or lease) in order to address the land
application requirements for the herd size he wishes to maintain. After the 2009 assessment,
total costs to obtain an animal waste management permit were expected to be at least $150,000.
6. Whether the violation was committed willfully or intentionally:
This office considers the failure to apply for a permit to have been committed willfully and
intentionally by Harold Woody. On October 15, 1998, Mr. Woody signed and submitted a
"Request for Removal of Registration" in which he acknowledges that he would be required to
obtain a CAWMP and permit, prior to expansion. After several inspection reports, letters,
NOVs, a civil penalty assessment and a court order, Mr. Woody has still not been persuaded to
come into compliance.
The continuing discharge of waste from the lots at Triple W Farms is believed to be willful and
possibly intentional. Letters from DWR and the Alamance Soil and water Conservation District
staff document that in 1997, 1998, and 2009 Mr. Woody was provided several days of on-site
technical assistance and guidance on the proper measures and management techniques needed to
control the run-off of waste into the stream. The WSRO has also made several visits to the farm
to try and instruct Mr. Woody on the need for cattle exclusion (fencing), buffers, and permanent
vegetation. In 2011 Mr. Woody hired a consultant who has also attempted to guide him as to the
proper methods for animal waste management and who has designed and overseen construction
of a new dry-pack barn and roofed dry stack. The same consultant designed the new, but
unfinished, waste structure. The consultant has been waiting on Mr. Woody and his contractor
to finish construction before he can certify the structure. An on-site meeting with Mr. Woody,
the contractor, consultant, technical specialist, and WSRO staff was conducted on January 27,
2015. Per Telephone conversation with Mr. Woody on April 16, 2015 no progress has occurred.

Assessment Factors- Harold Woody
April 16,2015
Page 3
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
April 27s g 2012 -NOV/N01 for the illegal discharge of animal waste from the concrete lot into
P
waters of the State and for operating an animal waste management system without a required
permit. This Notice lead to a Complaint and Motion for Injunctive Relief filed September 4,
2012 in Alamance County Superior Court. The Consent Judgment (12 CVS 1864) was signed
March 4, 2013 and amended May 29, 2013 requiring Mr. Woody to construct a permanent
waste structure and submit a completed and acceptable Permit application by August 1, 2013.
.tune 16, 2011 -NOV/N01 for operating above the 100-cow threshold without a permit.
NOV/NOI originated out of Central Office. Mr. Woody was to submit completed permit
application or reduce herd to less than 100 cattle.
February~ 16, 2010 -Civil Penalty Assessment of$9,092.06 for operating an animal waste
management system without a required permit and for allowing waste to enter into at least 2,800
linear feet of stream.
February 2010, May 2010, and February 2011 -Written correspondence from DWQ
notifying Harold Woody that he must obtain an Animal Waste Management System Permit.
February 2, 1994 - Notice of Violation for late submittal of"Registration Form for Animal
Feedlot Operations."
January 22, 1997 - Notice of Violation for the discharge of animal waste from the feedlot and
silage storage areas.
April 3, 1997 - Notice of Violation for failing to designate an Operator in Charge.
8. The costs to the State of the enforcement procedures.
Investigator- 5.5 hours field time and 24 hours enforcement time $ 163.19
- 24 hours enforcement time $ 712.08
Corey Basinger - 1 hour for enforcement review $ 48.35
Mileage - 278 miles @ 0.43 cents/mile $ 119.54
Administrative Costs $ 100.00
Total Cost $1,143.16
9. Type of Violator:
Harold Woody owns and operates Triple W Farms,
M. Violator's degree of cooperation (including efforts to restore) or recalcitrance:
Mr. Woody readily allowed DWR staff on the property and actively participated in the
investigation while also being very pleasant when dealing with WSRO representatives. He
requested the technical assistance of the Alamance County Soil and Water Conservation District
and participated in their April 21, May 28, and June 10, 2009 on-site reviews and evaluations.

Assessment Factors-Harold Woody
Apri 116,2015
Page 4
Unfortunately, Mr. Woody has never made compliance a priority. In a telephone conversation
with staff on April 16, 2015 (today) he stated that since DWR's visit of February 3, 2015 it has
been too wet to move any soil from the unfinished waste structure or install fencing to exclude
cattle from surface waters.
Mr. Woody stated that he is still using the degraded slurry tank but"is keeping it moved and
hauled." The NOV/NOI clearly stated that he was to locate another piece of equipment for
storing and applying the waste. He said he plans to get someone out next week to install fencing
and when I ask him to send me this information in an email he said he would do it on Monday
since"that was a better day for hirn", which will be the 20'`, and four days from now.
11. Mitigating factors:
Mr. Woody has, during 2010-2012, had to care for his father who was in a rehabilitation
center/nursing home and has subsequently passed-away. Mr. Woody himself has also had some
recent health problems which required surgery. Additionally, the attached email correspondence
will attest to the fact that the weather was often not cooperative for carth moving activities.
While this office sympathizes with Mr. Woody, we feel that the State has afforded him several
years and ample opportunity with which to come into compliance.
12. Assessment factors:
A. IWC----NA
B. Receiving Stream-----Marys Creek/Cape Fear Basin
C. SOC/JOC---------NA
D. Copy of MP Screen-----NA
E. Copy of Limits Page----NA
F. Damage------Stream Standards Violations
Certification:
I certify that the information in this report is true to the best of my knowledge_
nj
(Date) Principal Investig or

Findings and Decisions
and
Assessment of Civil Penalties
Attachment A

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALAMANCE Case No. DV-2015-0012
IN THE MATTER OF
HAROLD WOODY
FOR VIOLATIONS OF FINDINGS AND DECISIONS
NORTH CAROLINA AND ASSESSMENT OF
GS 143-215.1 AND GS 143-215.10C CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, I, S. Jay Zimmerman, Director of the Division of Water Resources
(DWR), make the following:
I. FINDINGS OF FACT:
A. Harold Woody owns and operates Triple W Farms, a dairy cattle operation located along
East Greensboro-Chapel Hill Road in Aiamance County.
B. Triple W Farms_was deemed permitted as a non-discharge facility on February 1, 1993 in
accordance A ith Title 15A North Carolina Administrative Code(hereby known as
NCAC) Subchapter 2H Section .0217 (15A NCAC 2H .0217).
C. North Carolina General Statute (hereby known as G.S.) 143-215.1OC states that no
person shall construct or operate an animal waste management system as defined in
G.S.143-215.1013, without obtaining a permit under either this part or Part IA of this
article. The threshold established in G.S. 143-215.10B is 100 or more confined cattle.
D. DWR (previously DWQ) records verify that on October 15, 1998, Harold Woody signed
a"Request for Removal of Registration" form indicating that his operation was below
100 confined cattle and that he would apply for, and obtain a permit prior to any future
expansions. To date, Harold Woody has not submitted a complete application for, nor
received, a Cattle Waste Management System Permit.
E. On January 27 and February 3, 2015, DWR-WSRO staff visited Triple W Farms to
perform an announced follow-up inspection. During the February 3, 2015 inspection,
DWR staff documented at least 329 dairy cattle being maintained on feedlots at Triple W
Farms.
F. North Carolina G.S. 143-215.1(a)(1) states that "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: "Make
any outlets into waters of the State."
G. North Carolina G.S. 143-215.1 OC states that an animal waste management system shall be
operated so as to not cause pollution in the waters of the State.
H. On January 27, 2015 DWR staff documented illegal discharges occurring from both a
slurry tank and a concrete lot located behind the milking barn. Waste from both sources
was observed flowing downhill and into an intermittent stream which then flows into the
UT to Marys Creek.
I. On February 3, 2015 several inches of sediment and waste was observed in all the ditches
and wet-weather branches containing flowing water located on Triple W Farms. All cattle
lots along and near surface waters are severely denuded and eroded due to excessive cattle
activity which is channeling the run-off of sediment and waste into waters of the State.
Approximately 2,135 linear feet of the stream is impacted.
J. The impacts occurred to Marys Creek, Class WS-V NSW waters ,"rithin the Cape Fear
River Basin.
K. On February 19, 2015 the DWR-WSRO responded by issuing a Notice of Violation
(NOV)/Notice of Intent to Enforce (NOI) to Harold Woody for maintaining more than 100
confined cattle without an Animal Waste Management System Permit and for illegally
discharging animal waste into Marys Creek. The NOV/NOI was sent Certified mail and
received by Harold Woody on February 21, 2015. To date, the DWR-WSRO has not
received a response from the violator.
L. The costs to the State of the enforcement procedures in these matters totaled $1,143.16,
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Harold Woody is a"person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. Marys Creek constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6),
C. Harold Woody violated G.S. 143-215.1 (a)(12) by operating an animal waste
management system without a required permit.
D. Harold Woody violated G.S. 143-215.1 OC(b) by failing to operate the animal waste
management system so as to not cause pollution in the waters of the State.
E. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A
(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars

($25,000) per violation per day may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to
act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.
F. Harold Woody may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty five thousand
dollars ($25,000.00) per violation may be assessed against a person who violates any
classification, standard, limitation, or management practice pursuant to G.S. 143-214.1,
143-214.2, or 143-215.
G. The State's enforcement costs in this matter may be assessed against Harold Woody
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
H. The Director of Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority to
assess civil penalties in this matter.
-Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Harold Woody, owner of Triple W Farms at the time of non-compliance, is hereby
assessed a civil penalty of:
$ for violation of NCGS 143-215.1 by operating an animal waste
management system without a required permit.
$ for violation of NCGS 143-215.10(C) by failing to operate an animal
waste management system without causing pollution in waters of the
State.
$ 1,143.16 Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have
taken into account the Findings of Fact and Conclusions of Law and the factors set forth at
N.C.G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation,
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;

(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a continuing
violation may be considered a separate violation subject to a maximum $25,000.00 per day
penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for
which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Harold
Woody, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)- S. Jay Zimmerman, P.G., Director
Division of Water Resources

NCID Nk
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
February 19, 2015
CEBTFIED MAIL#7012 2920 0000 36551721
RETURN RECEIPT REQUESTED
Mr. Harold Woody
Triple W Farms
3545 E. Greensboro Road
Snow Camp, NC 27349
SUBJECT: Notice of Violation/Notice of Intent to Enforce
NCGS Violations: 143.215.1 and 143-215.10C
Permit Number: AW0010010
Alamance County
Dear Mr.Woody:
As you recall,staff from the Division of Water Resources Winston-Salem Regional Office(DWR-WSRO)
recently visited yourdairy operation.The announced site visits of January 27 and February 3, 20.5 were to
follow-up on Triple W Farms'progress towards fulfilling the terms of the Consent Order mandated by Alamance
Superior Court on March 4, 2013 and amended on May 29,2013'(12 CVS-1864).
Continuing violations of the Order were observed during the recent site visits and are outlined below:
(1) Failure to submit to the Division a completed-and acceptable application for a Permit in order to
maintain more than 100 confined cattle (NCGS142-215,10C).A certified animal waste management
plan (CAWMP) is a required component of the permit application. To date,a CAWMP citing an accurate
number of confined cattle,correct ii ventory of waste storage structures and volumes,current crop type,
Operation and Maintenance and Emergency Action plans, and the requisite odor, mortality, and insect
checklists, has not been received by the Division. The April 2010 Nutrient Management Plan produced.by
Agri-Waste Technology, Inc. for the Clean East Program lacks several of the required elements.
When developing the CAWMP, be reminded reminder that, the cattle must be considered`confined"if the
concentration of animals is such that a vegetative cover cannot be maintained. On February 3,2015
inspectors observed at least 329 confined cattle at Triple W Farms. This number did not include all the
cattle residing on denuded lots,
450 West Hanes Miff Road,Suite 300,Winston-Salem,NC 27105
Phone:[phone]N Internet:www.ncwater uali .ar
An Equal Opportunity�Affirmative Action Employer—Made in part by recycled paper

Woody NOVMOI
February 19,2015
Page 2
(2) Failure to construct a permanent waste structure that meets current Natural Resources
Conservation Service(NRCS)Practice Standards to store parlor waste,and to control run-off of
waste from the lot so as to discontinue the illegal discharging of waste Into Class'C, NSW waters
(NCGS 143-215.1 and 143-215.10C). Our records indicate that construction of a new waste storage
structure was begun in late August(personal communication)or early October 2013(electronic
correspondence), Electronic correspondence dated October 6, 2013 states that construction was projected
' to be completed by early November 2013.An email dated December 4,2014 estimates that the waste
structure was still only 80-85%complete.The 2015 site visits confirm that construction has not yet been
completed.We are aware of extenuating circumstances such as wet-weather and illness which has
prolonged construction, however, the Division has afforded Triple W Farms almost two years to meet the
requirements of the Consent Order and to come into compliance. Of particular concern is that you stated to
staff that there is no crop available to receive waste from the new structure'until the small grain is removed
in late spring (April).This situation further hinders completion of the waste storage structure.
(3) Failure to control sources of water pollution, by allowing the outlet of animal waste Into waters of
the State without a discharge permit, is a violation of NCGS 143-215.1. The discharge of waste from a
slurry tank parked behind the milk parlor was actively occumng during the January 27, 2015 site visit.The
sides and top of the slurry tank were observed to be so degraded that the tank could no longer contain'
liquid material, including the animal waste. As discussed with WSRO-DWR staff,you must immediately
locate another slurry tank with which to haul parlor and lot waste from the concrete pit. It is our expectation
that you are no longer using the degraded slurry tank for storage or transport of animal waste.
A discharge of waste from the concrete lot behind the milking parlor was also occurring on January 27,
2015. Upon closer inspection, staff noted that the concrete in the berm in the lower corner of the lot had
degenerated such that waste could not be contained. Manure was observed flowing through a hole in the
berm, over unvegetated soil, and into a spring-fed wet-weather branch which flows into waters of the State.
The accumulation of waste below the lot suggests that the discharge of waste from the lot had been
occurring for several months. While we appreciate that repairs were made by the time of our return on
February 3, 2015,this area was previously identified as a concern during an April 24,2012 inspection.
The cattle lots along and'near the wet-weather branches on the farm are severely denuded and eroded due
to excessive cattle activity. Large ruts, apparently caused by precipitation, have channeled the run-off of
sediment and waste downhill and into the spring-fed branches which flow into waters of the State. Several
inches of sediment and waste was observed in all ditches and branches on February 3,2015..
Corrective Action:
The Division of Water Resources requires that the previously mentioned violations be abated immediately.
The following corrective actions are needed to bring the site into compliance:
(1) Construction of the new waste structure needs to be completed as soon as weather conditions allow. This
will require improved communication between Triple W Farms, the contractor,commercial waste
applicator,engineer, and technical specialist.As owner,it is your responsibility to coordinate the tasks
needed to finish the construction.

NOVIN01
February 19,2915
Page 3
i
(2) A completed and acceptable permit application for,including a CAWMP, must be submitted to the Division
for approval. We strongly urge your continued collaboration with your technical specialist, Joseph
Hudyncia, to finalize the CAWMP and permit application package. Please contact Melissa Rosebrock at -
[phone] for any questions or assistance.
(3) Another means of removing,storing,and hauling the waste from the concrete pit behind the milk parlor
must be found.Completion of the connection of the PVC pipe leading from the concrete pit into the new
waste structure may eliminate this issue.
(4) Cattle must be excluded from surface waters immediately and a permanent,vegetated, buffer established.
A 100-foot filter strip must be established between lounging areas that are typically void of vegetation
during the winter months and any perennial streams, ponds, and drainage ways. The filter strip must be
protected by a fence.
Written Resp2nse
This office is considering an enforcement action for the above referenced violations. If you wish to present an
explanation for the violation,or you believe there are other factors which should be considered; please send
such information to me in writing within thirty(30)'days following receipt of this Notice. Your response should
outline the selected corrective actions that have been taken or will be taken to correct the stream impacts. Our
office will review your response and,if an enforcement action is still deemed appropriate,will forward your
response to the Director for consideration
Pursuant to G.S. 143-215.6A, these violations and any future violations may be subject to a civil penalty =.
assessment of up to a maximum of$25,000.00 per day for each violation.Your.above-mentioned response to
this correspondence, the degree and extent of harm to the environment and the duration and gravity of the
violation(s)will be considered in any civil penalty assessment that may occur.Your written response should be
sent to my attention at the address listed at the bottom of page one.
Thank you for your prompt attention to this matter. Should you have any questions,please contact Melissa
Rosebrock at(336)776-9699 or me at(336) 776-9688.
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson—NDDENR-DWR Animal Feeding Operations
Joseph Hudyncia—NC Division of Sail and Water,2820 Lawndale Dr.,Greensboro,2744E
WSRO Facky Files

qf
STATEfJF'NQR;T'H `+" E'I b GENERAL coURtt'OFJUSTICE
CAROIw:•l�fA � .�`Y� 7 -
SUPERIO» 4[ RT DVWI" hI:'
GO'IJNT3'(}F ALAMAieET.C. f 8G
.
`NORM H;:GARQ
J4H `E SICVARLA, ZII, Secietary, :f R!
AIIvJ : A
£9,14;- ONMENTANf,N AT,U1 AL.. ;)
RESOURCJES,DEPART.
�,��te����
- V 'ep Sl NT fIDGMEIVT
_ s
. -.. VY — ` ~ ' � ter.•'�•. r.
TR_zPLE W;F RMR attic, ;}
r :4R0.I.D W.QUI?Y
DeI'ericits� . :j.
eLu: . - �i�� � -=••f-ey Y rS-..t hhS'i - �r
' lis:Sate_of iVa,7t Ga Ii Ta,_upon-the fel4d6n d,tiae tltttii��e �#etleaal R.qY�oo}iei `mod
tire:Noitli C 'r.'oliiia Depaz;tnertt'of Gst��io�inle�lt end Ni[tir` 1::Reshtirc+ s here%t # iD.CNR":
.the.. "-Department" ar "Pla2ntif '), Pta tit !ie_reirt; Ur„qu llt ril i acrioii.`ta et�It pe["i).6foll all
r r. t•.+� .. �"� Yip; .tf_,. M;
Ia�r51;c{ .o§qy 'and .li�ile 1Y.: Vi[ea D feodar s"}` to eas and refrairti. f oFn: j�e�'itit ;s
;
r4
De eri nits' cl iLy 'ain}. ("tI at��i`"� �; s=.�akfib�:of Nvi tli aroliit
-�--
Defendant, iat'�Cd WT _ddd is l: to l i i;[ c etary�ofi at t �c f le Ct.-C iiali ia,a ;the
reg�ste�ed �gent:foeDefendwi-t Tfj ik air Parini axe is,.tlz��pcta#fir i�t' 1�e� ��'.i��hielys's'�or�fesl
�i�-_Si�c'w Cap t�, NoitI� arollt�a.. The ;facis and>circiims!, n e e(a(Ei� 't "tli s, t;glatry ;tie M ore,
scieci.ficall stated �� the �'oR �a�nt.at�d �tatz,��i;'fgr'I�i tiEicti.v�:rehel<,:-'I2 C"' • t M. �to
xIed' Se�feiribei;2Q:I'2, riicirii'.i%rated�tieii :iefe�eiice::
'�l

I. Au t st< 013 Dcfindints :shall co'n!t-tct= a per.mAjI jJr; $ t ucttii e:_Hilt titeets .C,t�Ct��tt
-14owal Rqs�0.'on"sei'vati-on$S ry e R utiseitira ioii;Practice-Stmo ;ta
'st<ofe tlle` milking"pO:W,'s.=wasCe '.1?�ate'�` `�iid cor�ttc�l �tit,.QFf'-of"waste &orh`.the
:eons steiit'_ivit .flee• ei+iti�t so.:'as tii 3iseon(uxtze Mid di5irl ar tng :i»ta Clan 'C;: F
c =T :a vzSii n _rig"=made a "l St :hays to Order, btai nofi Tater'the, i
Air ttst.2t1`l Q fe tcl fits .s hill strbr iZt"'c ,'DWQ'=s C '�fftcei :fot;•its= oppromo , :a.
co'riipleted:and.aacceptalile ajiplicatori fii.:: p� � tt iil.:dcli"t' ip niilttpu 'tlte: # �tt':s,
opera[fan°c__ ttirxingoe.fhasi;ane hundred�(-1k}.coiined castle,as-,,requir(*4y
Untess otlret'�v a staff d lien t i i'MOM,l proyrSiot�s�of 417is Order sfialt,'be
ipleni nteE€vui:hma-13 days o ilia icde ,•6+it pia ���er tha -i,M%ot SM.'Tiie a c�t�re cl l
off is Drclet~`tstl date upon,wfiF Ct 416ro eci i"tt a teEect 't1i hCiaiut:. : : �`F° .
The above;` co'pdfiions arttl tenet ietttet ts� as agte d ' .by the parties, '�i.L CUM--by.
made;sjefte +� d rit'ies g: ilis`C#irt;`
• -La - �x
Ci: Tlj ai ins shall°a ii wifli jiff terms4di s por--..
7:, ,Nothrr�g innthts Clder`t'estie!s ll:aittt `s t'gf�t'fa tk;'r�tliei' eto�ceiiitit> Cpti,
a a st De e�3dai�rs fob : tt ; trora �zaE allow �ixaw�� t� I�a!'t ttff VrihY futi)jd
ideWdf.1i%ut aoi"- iiiit'e tox 8 se striea c_c eiirilwpei It es_._Dek� ariis-da nvt. raixe apy of-their
►igllis; tom test-,ox;defend 4&nst,at y sticlt;t"tttlii'e eriforcet�ze t t ttOi S' id; :vi0f hpiiS:k at tTCTt
lciiownyFtp''Pj,!Wiff or' Y etions,
t

The=utldersigned�.here'�y-.io0ly fde>an&consdrit:• d)&- d cat vof ll11s C?rder
NORTH=CAftQLINA-DEPAI TtiiEN1' TIZIPLE W,,.FA-MS.-
�JF- 1�(y�[ ONM NT AND AZ'tIRAL :`HA[2QLD.,W
P,ESOL ACES.:DIVISION OF WAT�K
070"LTTT'
- 13 .� 4
rcT goody, . -
�y r•
Bill-
�tforney Oene nl. 'E`�i s ai: odeiy
By.
eaux J E ee Grai -
Assisi$in A'tto�vey'.enee e-3)efenda
.ltok'iiey'foi:.Pla rit ff:

LAT
�.AMANCE:JED'
FIL
STATE OF NORTH CAROI, ENERAL COURT Oh JLJSTICE
MH 4 UPERIOR COURT D1VIS[ON
COUNTY OF ALAMANCE c�o 12 CVS 1864
STATE OF NORTH CAROL. ,
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'ofNorth Carolina, upon the relation of the Attorney General Roy Cooper and
the North Carolina Department-of Environment and Natural Resources, hereinafter ("DENR,"
the "Depailment" 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
§143-215.10B and §143-215.1OC.
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 circuRnstances 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 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 Alarnance 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. § 143-215.10C .(e); or shall pen-nanently
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. § 143-215.10C (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 shall
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 farm's operation
containing more than one hundred (100) confined cattle, as required by N.C. Ge.n, 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 (GO) 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 regUirements, as agreed to by the parties, are hereby
made specific findings and orders of this Court.
5. 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 futEu-c enforcement actions for violations not now
known to Plaintiff or future violations.
8. The parties; with the C:ourt'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.
Su eri- u g e,i ing
i
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
ByQe zwz itti �GF� Lau-z� By: 4I' iry�id2
Christine B 3 Lawson P ol�Woody
'417y
As to Dorm:
ROY COOPER
Attorney General
By: t• ;L ;� ram._ " �/n F
F Yf
Anita LeVeaux- r
Assistant Attorney General
N.C. Dept. of Justice
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
Attorney for Plaintiff
5

Rosebrock, Melissa
From: larrygraham54@gmaii,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 stormwater/manure 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 stormwater/manure 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: [phone]
Fax: [phone]
Email: larrypraham54(aDgmail.com
----Original Message-----
� �r. ah a �• ,
To: Rosebrock, Melissa ; Harold Woody ; HgdYncia. Joseph
Sent:Wednesday, July 16, 2014 9.32 AM
Subject: Re: Update?
Hello Melissa. I 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.
I 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
1

Rosebrock, Melissa
From: [e-mail].
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 1 have to report for last week.
Larry F. Graham, PE
Environmental Engineering Services
PO Sox 426
Aberdeen, NC 28315
Phone: [phone]
Fax; 910-944-1652
Email! 1arrVqraham54Qqmail.com
Original Message From: Rosebrock Melissa
To: Iarrygraham54Qgmail,com
Cc: Joshi, J.R. ; joseph.hudyncia(d)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
rune know if you run into any non-weather related issues, though.
Melissa
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street,Winston-Salem,NC 27107
[phone];fax[phone]
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: [e-mail] [mailto:[e-mail]]
Sent: Monday, October 14, 2013 2:49 PM
To: Rosebrock, Melissa
Cc, Joshi, J.R.; [e-mail]; 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 tell, 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: [e-mail]
Sent: Monday, October 14, 2013 2:49 PM
To: Rosebrock, Melissa
Cc: Joshi,J.R.;[e-mail]; 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 tail, 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: [phone]
Fax: [phone]
Email: larrygraham541�i_)4mail.conn
--- Original Message ----
From: Rosebrock, Melissa
To: I@rrygraham54()g mail.corn
Cc: Lawson Christine : Joe Hudvncia (i [e-mail])
Sent: Tuesday, October 08, 2013 8:18 AM
Subject: RE: Triple W. Farms earth moving progress
Larry,
I 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: [e-mail]
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone];fax[phone]
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: [e-mail] [maiito:larrygraham54@gmail:comj
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 prod s update on the Triple W. Farms dam. I K Joe will be doingtthe 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. 1 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: [phone]
Fax: [phone]
Email: larrygraham54@gmail.6om
--- - Original Message -----
From: Rosebrock, Melissa .
To: [e-mail]
Cc: Joe Hudyncia ; Lawson Christine ; JoshT i, 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: [e-mail]
NCQENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone];fax [phone]
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.c6m [mailto:Iarryaraham54Cc�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 stormwater/waste 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 measuremr ":. So far things look good and we
have some good clay soils from which to may ie 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.
hope this brief update helps.
Larry F. Graham, PE
Environmental Engineering Services
PO Box 426
Aberdeen, NC 28315
Phone: 91 b-944-1648
Fax: 91 Q-944-1652
Email: larrygraham54(i)gmail.com
3

Rosebrock, Melissa
From: ][e-mail]
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 et it finished. I don't want to et too far down the road with an irrigation design and those costs until the
g 9 9 9
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: [phone]
Fax: [phone]
Email: la rrygraham54ag mail.com
---- Original Message -----
om• : as r c • Itssa9
To: Harold Woody ; Lar Graham ; Hudyncia, 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:.melissa.rosebrock@)ncdenr.gov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street,Winston-Salem, NC 27107
[phone],-fax[phone]
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

Rosebrock, Melissa
From: [e-mail]
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. It is slow going:
but we are moving forward. All the soil compaction tests on the darn 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: [phone]
Fax: [phone]
Email: [e-mail]
----- Original Message From: Rosebrock, Melissa
To: larryara ham 54aa mail.com
Cc; Hudyncia, Joseph ; Josh_, J.R� ; Lawson, Christine ; Harold Woody
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
-mail Address, rnelissa.rosebrock@ncdenr. ov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(3361 771-5289;tax(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: farry raham54 cDgmail.com [mailto:[e-mail]]
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, al dam/pond work at the Triple W. Farms since 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. l 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: [phone]
Fax: [phone]
Email: larryaraham540 gmail.com
----- Original Message From: Rosebrock, Melissa
To: [e-mail]
Cc: Josh i�J._R. ; joser)h.hudynciaCcDnc„usda;qov ; 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.rosebrock6Dncdenr.gov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem,NC 27107
1336)771-5289;fax[phone]
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: [e-mail] [mailto:lar[yoraham54Caamail.com]
Sent: Monday, October 14, 2013 2,49 PM
To: Rosebrock, Melissa
Cc: Joshi, J.R.; [e-mail]; Lawson, Christine
Subject: Re: Triple W. Farms earth moving progress
Melissa. l 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 worst,
That's all from a soggy Alamance county right now.
z

Yar,'y F. Graham, PE - -
Enonmental Engineering Services
PO Box 426
Aberdeen, NC 28315
Phone: [phone]
Fax: [phone]
Email: larrvaraham54@�gmail.com
Original Message From: Rosebrock, Melissa
To: [e-mail]
Cc: Lawson,Christine ; Joe Hud ncia ([e-mail]
Sent: Tuesday, October 08, 2013 8:18 AM
Subject: FEE: Triple W. Farms earth moving progress
La rry,
I 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. ov
NCDENR Division of water Resources
Winston-Salem Regional Office
585 waughtown Street, Winston-Salem, NC 27107
[phone];fax [phone]
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: Iarrygraham54 algmail,com [mailto:lar;[e-mail]]
Seat: Monday, October 07, 2013 6:09 PM
To; Rosebrock, Melissa
Cc: Joe Hudyncia; Lawson, Christine; Josh!, 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: [phone]
Email- Iarrygraham54(c�gmail.com
----- Original Message -----
3

From: Rosebrock Melissa
To: larryaraham5 gmail.com
Cc: Joe H� u� ; Lawson, Christine ; Joshi, J.R. ; Larick, Keith ; Harold Woody ; Anita LeVeaux
Seat: 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.rosebrockPncdenr.gov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 waughtown Street,Winston-Salem, NC 27107
[phone]; fax[phone]
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: [e-mail] (mailto:[e-mail]]
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 stormwater/waste management pond. The earth moving'
contractors have been moving unneeded soil for several weeks and have just recently prepared for the dam. l was at the farm
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: [phone]
Fax: [phone]
Email: la_rrygraham54(_agmail.com
4

Rosebrock, Melissa
From: [e-mail]
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 darn. 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: [phone]
Fax: [phone]
Email: Iarrygraham54(ftmail,com
-----Original Message -----
From. Larick, Keith :
To: Iarrygraham54(@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
[phone] phone
1

Rosebrock, Melissa
From: [e-mail]
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 1/3 of an inch. I 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.
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.
I 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: [phone]
Fax: [phone]
Email Iarrygraham5401gmail.com
i

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, June 28, 2013 3:12 PM
To: Harold Woody
Cc: Larry Graham
Subject: Follow-up to DWO 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: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waoghtown Street,Winston-Salem, NC 27107
[phone];fax[phone]
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.

® Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 010010 Facility Status: Inactive Permit: AWD01001Q ❑ Denied Access
Inspection Type: Compliance Inspection Inactive or Closed Date:
Reason for Visit: Follow-up _ County: Alamance Region: in t I m
Date of Visit: 06/20/2013 Entry Time: 12:10 M Exit Time: 01:00 PM Incident#:
Farm Name: I,riplg W Farms Owner Email: hwoodv273QbellsoWth
Owner: Harold Woody Phone: [phone]
Mailing Address: 3545 E Greensboro Rd Snow CamD NC 27349
Physical Address: 3545 E Greensboro-Chaoel Hill Hwy Snow Camp NC 27349
Facility Status: n 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: [phone]
On-site representative Harold Woody Phone: [phone]
Primary Inspector: Melissa Rosebrock Phone:
Inspector Signature: _. _.. _ Date:
Secondary Inspector(s):
Page: 1

Permit:AWD010010 Owna-Faclllty: Namld Woody Faculty Number: 010010 Permit;AW0010010 owner-Facility: tumid Woody Facility Nnmeer: 010010
Inspecliee Date: OMOQ013 Inspection Type: Compliance Inspection Reason for yisH: Follow-up Inspacfien Date:061 OM13 Inspection Type: Canplience Insper,-lion Reason far Visit: Follow-up
Regulated Operations Design Capably Currant Popufati0n
Discharges a Stream Impacts Yes No NA NE
Cattle 1.Is any discharge observed from any part of the operation? Is ❑
a Cattle-l itkCow 250 231 Discharge originated at,
Total Design Capacity'. 250 structure
Tnral SSLW; 350,000
Application Field ❑
Waste Structures
Designed Ohserved Other
Tyne Identfaer Cleeed Data Start Date Freeboard Freeboard
a.Was conveyance man-made? 1 ❑ ❑ ❑
-Sbeck WET STACK
6.Did discharge reach Waters of the Stale?{if yes,notify DWD) v ❑ ❑ ❑
rite c a PIT BEHIND MItK DARN e.What is the esLmated volume thot coached waters of the State{gationsi
d.Does discharge bypass the waste managemen system?[If yes,notify[riYQ) IN 0 IJ
2.is there evidence of a past discharge Imm any part of the operation? O ❑ ❑ ❑
3.Ware There any observable adverse impacts or potential adverse impacts to Waters oflhrt State other than M U ❑ ❑
from a discharge?
Waste Collection,Storage&Treatment Yes No NA HE
4,Is storage capacity less than adequate? i ❑ ❑ ❑
0 yes,is waste level into stnlchtml freeboard? ❑
S.Are there any immediate threats to the integrity of any of the structures observed(I,ed large trees,severe ❑ n a ❑
erosion,seepage,el
S.Are there structures on-sitn that are not oroparly addressed andtot managea through a wasta management ❑ a ❑ ❑
or till plan?
7.Do any of the stnrcWros need maintenance or improvement? ■ ❑ ❑ ❑
It.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.Floes any pad of the will management system other thart the waste structures require maintenance or ® ❑ ❑ ❑
improvement?
Other issues Yes No NA NE
28.Did the facility fail to properly dispose IN dead arnimais within 24 hews and/or documont and report ❑ ■ ❑ ❑
mortality fates that exceed nomill rates?
29.At the time of the in"clior,did the( ity pose an odor or air quality concern? If yes,contact a regional ❑ IN ❑ ❑
Air Quality representative immadlately.
30.Did the facility,fail to notify regional DWO of emergency situations as required by Permit?(i.e., discharge, ❑ 0 IN ❑
freeboard problems,over-appitoation)
31.Do subsurface Me dealns exlU of the facility? 0 ❑ ❑ Is
If yes,check the appropnala 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
fnsprclian Oats:08R0f2013 Inspe ties Type:Compliance Inspection Reason for Visit Fd11dw-op irapecltioa Dale_ 0612012013 InspeNion Type:Compilance lnspecoon Reason far Ylsit: Fallow-up
Other Issues Yes No NA HE Inspection Summary:
Lagoon I Storage Popd %a..3.,4.,&7.At least 231 cattle were observed on severely denuded lots or in various barns.
Other fl Previous discharge from the coinaeta lot area was shill occur*g.New discharge from push off ramp of old treestall bam was
documented.Both waste streams converged,and continued flowing downhill into the denuded ditch which leads to a UT to Marys
If Other,please specify Creek(NSW;Class-C).Animal waste was observed h the ditch.This ditch has been cleared of elf vegetation.presumably in
preparation for construction of the new waste storage pond.Construction has not yet begun.
32-Were any addibonal problems noted which cause non-compliance of the Permit or CAWMP7 11 ❑ a Cattle waste is not being contained to the barns,lots,and wet stack as some waste had run-oft thesa areas. At least 52 catle have
r-� access W a spring-fed ditch which is severely eroded and Completely denuded.
33.Old the SfevieWer(InspeClor fail In discuss fBVlew(IpSpeCtian with on-site representative? � � d t-r
33 1 called Mr.Woody at approximately 1130am and told him I was in the area and would Ilke to come by the farm and check on the
3C Does the facility require a follow-up visit by same agency? ■ n n ❑ progress of the new waste storage pond construction. He sold that it had been very wet This Spring and that they had not started but
would try to gel equipment on site the next day or the day after.He stated that he was in the field getting hay up antl Could hat meet
with me. l ask Mr.Woody if 4 was ok to 1001t around inr or few minutes without him being present-He sold okay and to come on. I said
I would he there about IZOOpm.
34.This facility Is under a Consent Order to construct a permanent structure tc contain the parlor and Idt wastes by August 1,2013.
Prior to August 1,2013 DWQ will need to evaluate Mr.WoodVs progress again. -
Page:5
Page:2

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Wednesday, June 26, 2013 9:38 AM
To: '[e-mail]'
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 ga. If there
was equipment, I did not see it. Please keep me updated as you have time.
Thanks,
Melissa
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone];fax[phone]
www.ncwatergoality.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: [e-mail] fmailto:[e-mail]
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 tar 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: [phone]
Fax: [phone]
Email Tarry raq ham54agmail.com
i

Rosebrock, Melissa
From: [e-mail]
Sent: Thursday, June 20, 2013 4:44 PM
To: Rosebrock, Melissa
Subject: Triple W. Farms
Hi Melissa. I have seat Harold several ernails about being ready to begin construction bn 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: [phone]
Fax: [phone]
Email: 1arrygraham54(g)_gmail.com

Rosebrock, Melissa c ,�
From: [e-mail]
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: [phone]
Fax: [phone]
Email: larrygraham54Ca?gmail.com
----- Original Message-----
From: Rosebrock, Melissa
To: larrygraham54CcDgmail.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.rosebrock(@ncdenr.gov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street,Winston-Salem, NC 27107
[phone];fax[phone]
ww_w.ncwatergualitY.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.
From: lar[[e-mail] (mailto:lar[[e-mail]]
Seat: 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 t think everybody is at the ready for a break in the weather. 1 will keep you posted on when earth moving
begins.
Larry F. Graham, PE
Environmental Engineering Services
PO Box 426
Aberdeen, NC 28315
Phone: [phone]
. t

Re: Just checking
[e-mail]
Sent:Monday,April 22,2013 1:05 PM
' To: Rosebrock, Melissa; hwoody273 f [e-mail]]
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 Alamance 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 1 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. I 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.
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: [phone]
Fax [phone]
Email larryaraham54(c)gmail.com
---- Original Message -----
From: Rosebrock, Melissa
To: hwoody273
Cc: Larry Graham ; Laric__y k�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.
Tha nks,
Melissa
From: hwoody273 [[e-mail]]
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@ncdenrgov]
Sent: Thursday, April 18, 2013 2:46 PM
To: [e-mail];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@ncdenrgov
NCDENR Division of water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterqu ality.or�
E-mail correspondence to and from this address may be subject to the

Page 2 of 2
RSINFO OBJECTID GPIN#(State ID) Parcel ID
6406648.2675675 37129 9708556748 156590
Old Tax ID CaICAcres Owner Name 2nd Ownr Name
8-12-3 147.07699431 WOODY GEORGE S IRREVOC TRUST*
Parcel Ownr Addrs OwnCft owns t OwnZiP
C/O GEORGE H WOODY SNOW CAMP NC 27349
DdAcres Dd Pa Dd Sk Parcel Site Address
146 0734 2431 3545 E GREENSBORO CHAPEL HILL
RD
Lot# PIt Papa Pit Bk Parcel Ownr 2n _Addrs
0376 075 3545 E GREENSBORO CH HILL RD
Yr Bit
1950
elcome to the Alamance County GIS Site.THiS IS NOT A LEGAL DOCUMENT.Alamance County shall assume no liability for any errors,omissions,or inaccuracies in the information provided regardless of how Caused;or any decision
made or actions taken or not taken by user in reliance upon any information or data furnished hereunder.The user knowingly waives any and all claims for damages against any and all of the entities comprising the ALAMANC
COUNTY GIS SYSTEM that may arise from the mappincl data.
4/16/2015

,J ,
FTWA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
February 19, 2015
CERTIFIED MAIL#7012 2920 0000 36561721
RETURN RECEIPT REQUESTED
Mr. Harold Woody
Triple W Farms
3545 E. Greensboro Road
Snow Camp, NC 27349
SUBJECT: Notice of Viol ation]Notice of Intent to Enforce
NCGS Violations: 143-215.1 and 143-215.10C
Permit Number: AWD010010
Alamance County
# N gad— Z op 5 U V— 003S
Dear Mr. Woody: Copse, # DV ` aol S - DO l Z
As you recall, staff from the Division of Water Resources Winston-Salem Regional Office (DWR-WSRO)
recently visited your dairy operation. The announced site visits of January 27 and February 3, 2015 were to
follow-up on Triple W Farms' progress towards fulfilling the terms of the Consent Order mandated by Alamance
Superior Court on March 4, 2013 and amended on May 29, 2013 (12 CVS 1864).
Continuing violations of the Order were observed during the recent site visits and are outlined below:
(1) Failure to submit to the Division a completed and acceptable application for a Permit in order to
maintain more than 100 confined cattle (NCGS142-215.10C). A certified animal waste management
plan (CAWMP) is a required component of the permit application. To date, a CAWMP citing an accurate
number of confined cattle, correct inventory of waste storage structures and volumes, current crop type,
Operation and Maintenance and Emergency Action plans, and the requisite odor, mortality, and insect
checklists, has not been received by the Division. The April 2010 Nutrient Management Plan produced by
Agri-Waste Technology, Inc. for the Clean East Program lacks several of the required elements.
When developing the CAWMP, be reminded reminder that, the cattle must be considered uconfined" if the
concentration of animals is such that a vegetative cover cannot be maintained. On February 3, 2015
inspectors observed at least 329 confined cattle at Triple W Farms. This number did not include all the
cattle residing on denuded lots,
450 West Hanes MiII Road,Suite 300,Winston-Salem,NC 27105
Phone:[phone]\Internet:www.ncwaterguality•org
An Equal opportunity\Affirmative Action Employer—Made in part by recycled paper

Woody NOV1N01
February 19,2015
Page 2
(2) Failure to construct a permanent waste structure that meets current Natural Resources
Conservation Service (NRCS) Practice Standards to store parlor waste, and to control run-off of
waste from the lot so as to discontinue the illegal discharging of waste into Class C, NSW waters
(NCGS 143-215.1 and 143-215.10C). Our records indicate that construction of a new waste storage
structure was begun in late August (personal communication) or early October 2013(electronic
correspondence). Electronic correspondence dated October 6, 2013 states that construction was projected
to be completed by early November 2013.An email dated December 4, 2014 estimates that the waste
structure was still only 80-85% complete. The 2015 site visits confirm that construction has not yet been
completed. We are aware of extenuating circumstances such as wet-weather and illness which has
prolonged construction, however, the Division has afforded Triple W Farms almost two years to meet the
requirements of the Consent Order and to come into compliance. Of particular concern is that you stated to
staff that there is no crop available to receive waste from the new structure until the small grain is removed
in late spring (April). This situation further hinders completion of the waste storage structure.
(3) Failure to control sources of water pollution, by allowing the outlet of animal waste into waters of
the State without a discharge permit, is a violation of NCGS 143-215.1. The discharge of waste from a
slurry tank parked behind the milk parlor was actively occurring during the January 27, 2015 site visit. The
sides and top of the slurry tank were observed to be so degraded that the tank could no longer contain
liquid material, including the animal waste. As discussed with WSRO-DWR staff, you must immediately
locate another slurry tank with which to haul parlor and lot waste from the concrete pit. It is our expectation
that you are no longer using the degraded slurry tank for storage or transport of animal waste.
A discharge of waste from the concrete lot behind the milking parlor was also occurring on January 27,
2015. Upon closer inspection, staff noted that the concrete in the berm in the lower corner of the lot had
degenerated such that waste could not be contained. Manure was observed flowing through a hole in the
berm, over unvegetated soil, and into a spring-fed wet-weather branch which flows into waters of the State.
The accumulation of waste below the lot suggests that the discharge of waste from the lot had been
occurring for several months. While we appreciate that repairs were made by the time of our return on
February 3, 2015, this area was previously identified as a concern during an April 24, 2012 inspection.
The cattle lots along and near the wet-weather branches on the farm are severely denuded and eroded due
to excessive cattle activity. Large ruts, apparently caused by precipitation, have channeled the run-off of
sediment and waste downhill and into the spring-fed branches which flow into waters of the State. Several
inches of sediment and waste was observed in all ditches and branches on February 3, 2015.
Corrective Action:
The Division of Water Resources requires that the previously mentioned violations be abated immediately.
The following corrective actions are needed to bring the site into compliance-
(1) Construction of the new waste structure needs to be completed as soon as weather conditions allow. This
will require improved communication between Triple W Farms, the contractor, commercial waste
applicator, engineer, and technical specialist. As owner, it is your responsibility to coordinate the tasks
needed to finish the construction.

I.
NOWN01
February 19,2015
Page 3
(2) A completed and acceptable permit application for, including a CAWMP, must be submitted to the Division
for approval. We strongly urge your continued collaboration with your technical specialist, Joseph
Hudyncia, to finalize the CAWMP and permit application package. Please contact Melissa Rosebrock at
[phone] for any questions or assistance.
(3) Another means of removing, storing, and hauling the waste from the concrete pit behind the milk parlor
must be found. Completion of the connection of the PVC pipe leading from the concrete pit into the new
waste structure may eliminate this issue.
(4) Cattle must be excluded from surface waters immediately and a permanent, vegetated, buffer established.
A 100-foot filter strip must be established between lounging areas that are typically void of vegetation
during the winter months and any perennial streams, ponds, and drainage ways. The filter strip must be
protected by a fence.
Written Response
This office is considering an enforcement action for the above referenced violations. If you wish to present an
explanation for the violation, or you believe there are other factors which should be considered; please send
such information to me in writing within thirty (30) days following receipt of this Notice. Your response should
outline the selected corrective actions that have been taken or will be taken to correct the stream impacts. Our
office will review your response and, if an enforcement action is still deemed appropriate, will forward your
response to the Director for consideration
Pursuant to G.S. 143-215,6A, these violations and any future violations may be subject to a civil penalty
assessment of up to a maximum of$25,000.00 per day for each violation. Your above-mentioned response to
this correspondence, the degree and extent of harm to the environment and the duration and gravity of the
violation(s) will be considered in any civil penalty assessment that may occur. Your written response should be
sent to my attention at the address listed at the bottom of page one.
Thank you for your prompt attention to this matter. Should you have any questions, please contact Melissa
Rosebrock at [phone] or me at(336) 776-9688,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson—NDDENR-DWR Animal Feeding Operations
Joseph Hudyncia—NC Division of Soil and Water,2820 Lawndale Dr., Greensboro,27408
WSRO Facility Files

COMPLETESENDER:COMPLETC THIS SECTION •
■ Complete items-I and 3.Also complete A. Sig ature
item 4 if Restricted elivery is desired. X � (�t�z� ❑Agent �
■ Print your name and address on the reverse dressee
so that we can return the card to you. B, Received by(Printed Name) C. Date of IDo ery f
■ Attach this card to the back of the mailpieee, h,d.u) L�j &'r r
or on the front if space permits.
D. Is dellvery address differen from item 1? ❑Yes
t, Article Addressed to: If YES,enter deWery address Maw: ❑No
i
Mr. Harold Woody 00 V- Z 015- t>V —
Triple W Farms 1
3545 E. Greensboro Road
3. Seglice Type I
Snow Camp, NC 27349 certified Mail ❑ Express Mail
❑Registered ❑ Return Receipt for Merchagdise {
❑ Insured Mail ❑C.O.D. I
4. Restricted De1WM?Xhlra Fee) ©Yes s
7012 2920: 0000 3656 1721,
!� 1
PS Form 3811. February 2004 Domestic Return Receipt N GV 1=95-02-M-1w
. � r