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030002_CORRESPONDENCE_20171231
-:YR-eceived APR 19 2016 Winston-Salem Water Resow-ces Regional Office ENVIRONMENYAL OUALITY April 14, 2016 William Blan Bottomley Estate Glade Creek Dairy Farm 6460 Glade Valley Road Ennice, NC 28623 PAT MCCRORY Governor DONALD R. VAN DER VAART $ecretaly S. JAY ZIMMERMAN Subject: Certificate of Coverage No. AWC030002 Glade Creek Dairy Farm Cattle Waste Collection, Treatment, Storage and Application System Alleghany County Dear William Blan Bottomley Estate: Director In accordance with your Notification of Change of Ownership received April 5, 2016, we are hereby forwarding to you this Certificate of Coverage (COC) issued. to William Blan Bottomley Estate, authorizing the operation -of the subject animal waste management system in accordance with General Permit AWG200000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for Glade Creek Dairy Farm, located in Alleghany County, with an animal capacity of no greater than the following annual averages: Dairy Calf: Dairy Heifer: Milk Cow: 400 Dry Cow: Beef Stocker Calf - Beef Feeder: Beef Brood Cow: Other: This COC shall be effective from the date of issuance until September 30, 2019, and shall hereby void Certificate of Coverage Number AWC030002 dated December 20, 2014. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please read this COC and the enclosed State General Permit carefully. Please pay careful attention to the record keeping and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record keepingforms. orms. If your Waste Utilization Plan (W-UP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. State of North Carolina I Environmental Quality I Water Resources 1636 Mail service Centei I Raleigh, North Carnlina 27699-16.16 919 807 6464 The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the Animal Feeding Operations Program for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition I1.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Blacksburg/Roanoke, VA National Weather Service office at (540) 552-0084, or by visiting their website at: http://www.weather.gov/nW This facility is located in a county covered by our Winston-Salem Regional Office. The Regional Office staff may, be reached at 336-776-9800. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, '� • w14 Lor S. Jay Zimmerman, P.G. Director, Division of Water Resources Enclosure (General Permit AWG200000) cc: (Certificate of Coverage only for all ccs) �W �riston-Salem:Regi- .-- Cc Water;,Quality Regional Operations Section Alleghany County. Health Department Alleghany County Soil and Water Conservation District WQROS Central Files (Permit No..AWC030002) � "offf JanV(97 � sJ VW--Y)JG'(1 u S. scheduled site visit was made to the residuals generating facility, AND a separate u elated complaint investigation was also conducted on March 21, 2, complaint rec\Residualesd nonymous caller (the land app. contractor that ac ' ities had occurred ovend with no involvement from his company); in stigation revealed the foll • violations from above (photos and descr' e). • enerating facility also had violations d concerns (photos and describe). 9. Complaint investi tion on March 29, 2012, r eived from anonymous caller; investigation reveale the following: Continued violatiorxand new viola ' ns (photos and describe). 10. An NOV is hand delivered tot receiving party on March 29, 2012 during the complaint investigation. And an NOV/ 01 is finally issued to the facility on April 3, 2012. 11. Information begins tooll in from the facility and its residuals source provider. 12. Complaint inv igation on April 11, 2012, in stigation revealed the following: • Contin4ed violations (no pathogen or VAR, hers?) 13. Compliant investigation on April 23, 2012, spill behinZkthe facility. Mitchell, Patrick From: Tracy Bottomley <tbottomley@amhsparta.org> Sent: Friday, August 30, 2013 8:16 AM To: Mitchell, Patrick Subject: RE: Initial Operator Certification Yes I sent Nancy an email. Myself and 2 others will take the class Tracy From: Mitchell, Patrick[mailto:Patrick. Mitchell(d)NCDENR.gov] Sent: Wednesday, August 28, 2013 9:34 AM To: 'bottom leyfa m@skybest.com' (bottom leyfam@skybest.com); Tracy Bottomley Subject: FW: Initial Operator Certification Hey Tracy, Looks like Nancy is offering the OIC class soon. See her email below. Thanks, Patrick Patrick L. Mitchell, REHS, LS5 Division of Water Resources, Aquifer Protection Section NC Department of Environment & Natural Resources Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be disclosed to third parties. From: Nancy Keith [mailto:nancy keith0 ncsu.edu] Sent. Wednesday, August 28, 2013 8:14 AM To: Rosebrock, Melissa Cc: Nancy Keith Subject: Initial Operator Certification Melissa, 1 am planning to have initial animal waste operator training October 30 and October 31 from 10 - 4 each day. If you know of people who need a certified operator please have them call and register so that manuals can be ordered. There will be a cost of $50 to cover manuals. Nancy NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor f ! Acting Director -* t�, ,,,, sly t .Z. July 15, 2013 Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC 28623 Subject: Revised Notice of Violation (NOV-2013-PC-0194) Failure to Designate Operator in Charge Permit Number AWC030002, Alleghany County Dear Mr. Bottomley: John E. Skvarla, III Secretary The purpose of this revised Notice is to update Notice of Violation No. NOV-2013-PC-0194 issued to Glade Creek Dairy Farm on May 28, 2013 to reflect the responses/proposed corrective actions of Mr. Tracy Bottomely made via telephone and email correspondence. It should be noted that NOV-2013-PC-0194 was returned to this office by the US Postal Service as "Unclaimed" on June 24, 2013. A copy of the original NOV dated May 28, 2013 has been enclosed for your review. Mr. Tracy Bottomley indicated that he and two other farm representatives plan on taking the certification class in October 2013 and sitting for the December 12, 2013 examination required for becoming a Certified Operator. It is this offices understanding that you have not yet designated an Operator in Charge (OIC) for your facility. At least one of the proposed farm representatives must successfully complete the certification course and examination as proposed, and then subsequently be designated as the OIC for your facility. In the event that a farm representative fails to successfully complete the certification process as proposed, you must designate a Certified OIC for your facility within 30 days of notification of these results. Failure to designate a Certified OIC as requested may result in enforcement actions. If you have any questions concerning this Notice please contact me, or Mr. Patrick Mitchell, at (336) 771-5000. Sincerely, 49 - Y- , /t--/ CA Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: Mr. Tracy Bottomley, 6774 Glade Valley Rd., Ennice, NC 28623 Alleghany County SWCD/NRCS DWQ APS Animal Feeding Operations Unit, WSRO APS Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Locadon: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwate[9ualitv.ora One+ An Equal Opportunity 1 Affirmative Action Employer NOrl.l y, l Carol In a Natumllil v 06/07/2013 13:06 336372864 t4je.r*h - - .0-11 - - .. E tf f ALLEGHANY COUNTY PAGE 01/01 P.O. BOX 53 • 40 ALLEGHANY STRE&T DAYID R. EDWARDS SPARTA, NC 2 6-75 PHaNE: 93Pr972-4455 GHGRIFF FAX: 336372.6839 August 7, 2013 Patrick Mitchell Fax: 336 771 4631 TO WHOM IT MAY CONCERN: Please note the address and phone number on this letterhead. This is the correct mailing address and contact information for the Alleghany County Sheriff's Office. Thank you. • 1 Belva Miller Admn. Asst. is NCDENR North Carolina Department of Environment and Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director July 15, 2013 Sheriff David Edwards Alleghany County Sheriff's Office P.O. Box 53 Sparta, NC 28675 Subject: NOTICE OF SERVICE Mr. William Blan Bottomley Dear Sheriff Edwards: Please serve the attached Notice of Violation as follows: Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Rd. Ennice, NC 28623 Natural Resources John E, Skvarla, III Secretary A check in the amount of 530.00 is enclosed for this service. Please return the completed Return of Service form in the enclosed return envelope. The Division of Water Quality appreciates this assistance from your department. If you have any questions or need additional information, please contact me at (336) 771-5000. Sincerely, Sherri Knight, PE DWQ-APS Regional Office Supervisor Enclosures cc: WSRO Files APS Central Files, AFO-Unit AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 91M07-64641 FAX: 919-807-6496 Internet www.ncwatemuality,oEg NorthCarol ina ;Vatura!!y An Eq4 Opportunity t Affirmativu Action Employer • 0 RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the and together with the document(s) was served as follows: Date Served: Designated Recipient Place of Service (fill in address) Mr. William Blan Bottomley 6774 Glade Valley Road Ennice, NC 28623 (Served Officer) Check one of the following: day of 2013 By personally delivering copies to the named individual; By leaving copies of the Notice and original letter at the named individual's dwelling, house or place of business with a person of suitable age and discretion then residing therein. Name of the person who the copies were left: If not served to the named individual, please state the reason why: Alleghany County Sheriff (Sheriff Signature)(Date) Service Fee Paid Waived (State A ency) > � 3 0" �v Paid By Please return this form to: Sherri Knight Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 0 0 MEMORANDUM CT:O: DWQ Budget Office —Archdale-Building �~ 1� FROM: Sherri Knight — Aquifer Protection Supervisor — WSRO SUBJECT: Check for Delivery Fee of Notice Served By Alleghany County Sheriff's Department DATE: July 15, 2013 The Winston-Salem Regional Office has attempted to serve by Certified Mail a Notice of Violation for violations against the following party:. Mr. William Blan Bottomley 6774 GIade Valley Road Ennice, North Carolina 28623 To date, delivery attempts have been unsuccessful by the US Postal Service and the document has been returned to our office. A copy of the returned document is attached for reference. Our office wishes to have the document served on the Responsible Party by the Alleghany County Sheriff's Department, which requires a service fee of $30.00. Our office requests that a check made out for $30.00 to the Alleghany County Sheriff's Department be provided to the Winston-Salem Regional Office so that we can attach it to our "Delivery Request Forms" to be provided with our submitted request. Our office greatly appreciates your assistance in this matter. Please contact me at (336) 771-5280 if you have any questions. Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. John E. Skvarla, III Director Secretary May 28, 2013 CERTH'MD MAIL 7009 2250 0004 1083 5510 RETURN RECEIPT REQUESTED Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC 28623 Subject: Notice of Violation: NOV-2013-PC-0194 Failure to Designate Operator in Charge Permit Number AWC030002, Alleghany County Dear Mr. Bottomley: This Notice is to follow-up on the Notice of Deficiency (NOD-2013-PC-0068) issued to Glade Creek Dairy Farm on February 6, 2013 for failure to designate an Operator in charge. It is this offices understanding that you have not yet designated an Operator in Charge (OIC) for your facility. As a reminder, North Carolina Administrative Code 15A 8F .0201(a)(2) requires the owner of an animal waste management system to designate a new OIC within 30 days of a vacancy in that position. By failing to designate a new OIC within 30 days, you are in violation of NCGS 90A-47.2, NCAC 15A 8F .0201(a)(2) and Permit Condition H. 16, which requires you to designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. In an April 1, 2013 email response to the Division, Mr. Tracy Bottomley indicated that he and possibly two other farm employees plan on taking the certification class in October 2013, and that he will "hire someone as the operator". Taking the class in October would allow for December 12, 2013 as the earliest potential date for taking the examination required for becoming a Certified Operator. Division staff subsequently directed Mr. Bottomley to designate a Certified Operator as soon as possible to fill in the time until someone at the facility could become certified and be designated as OTC for the facility. Again, it is this offices understanding that you have yet to designate an OIC for the facility. To avoid possible enforcement actions for the above mentioned violation, please designate an OIC for this facility. This office requests that you submit a written response and a completed designation form to this office within thirty days (30) of receipt of this Notice. A designation form is enclosed for your convenience. The written response should outline the actions that you have taken thus far and actions you are/plan to take to correct this violation in a timely manner. 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91M07.63001 FAX: 919-807-6492 Internet: www.ncwater uali .o ne An Equal Opportunity L Affirmative Aotion Employer North Caro] i.na Naturallll Glade Creek Dairy Farm - NOV 10 • May 28, 2013 Page 2 of 2 • � I If you have any questions concerning this Notice please contact me, or Mr. Patrick Mitchell, at (336) 771-5000. 3 Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: DWQ APS Animal Feeding Operations Unit WSRO APS Facility File Alleghany County SWCD/NRCS i Ea Complete items 1, 2, and 3. Also complete 1 item 4 it Restricted Delivery is desired. j ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the.front if space permits. ' 1. Article Addressed to: Mr. William Blan Bottomleg Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC'28623:. + I A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: Cl No 3. SServi' Type LVCe red Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7!009';22i50 011 1: 1 • 2004PS Form 3811, February Dornest[c Return Receipt 102595-02-M-1540 MIEN EI'a CB�ralD�MA�ILT1�Z'-•?._:c='a yg��• nly,;�tlnsurance�Coverage Prov dedJ �Fordeli� ry inforrnatia�visit„our�websile a Www:usps:co�iri" �'�, =:1 0 F P Postage $ Certified Fea / ] Return Receipt Fee t (Endorsement Required) E Restdcted DeRF y Fee (E.dorsement Required) shag A/6V Postmark Here I E �- I Total.Postaae&Peas. dlg $ 1 O1V^��� I ent *� �- Wilh m Blau Bott..1ey Srree Glade Creek Dairy Farm - . ----------- or PC 6774 Glade Valley Road Ennice, NC 28623 . ALT, •WA ��� NGDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director February 6, 2013 CERTIFIED MAIL, 7010 0290 0001 4977 4470 RETURN RECEIPT REQUESTED Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC 28623 Subject: Notice of Deficiency: NOD-2013-PC-0068 Failure to Designate Operator in Charge Permit Number AWC030002, Alleghany County Dear Mr. Bottomley: John E. Skvarla, III Secretary Our records show that the Type B animal waste operator certification for Martha R. Bottomley, (Certification No. 21384), the designated Operator in Charge (OIC) for your facility, became invalid effective -January 1, 2010. North Carolina Administrative Code 15A 8F .0201(a)(2) requires the owner of an animal waste management system to designate a new OIC within 30 days of a vacancy in that position. By failing to designate a new OIC within 30 days, you are in violation of NCGS 90A-47.2, NCAC 15A 8F .0201(a)(2). This is also a violation of Permit Condition It. 16. which requires you to designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. Please submit a written response and/or a completed designation form to this office within thirty days (30) of receipt of this Notice. A designation form is enclosed for your convenience. Be advised that this deficiency may result in the issuance of a Notice of Violation and is also subject to a civil penalty assessment. Nothing in this letter should be taken as resolving you of the responsibility and liability for any past or future violations that may have occurred due to your failure to designate an appropriate OIC for your animal waste management system. If you have questions concerning this matter, please contact Mr. Patrick Mitchell or.me at (336) 771-5000 Sincerely, 1��evr•� Y. 7C-rti..G,� Sherri V. Knight, P.E. - Regional Supervisor, Aquifer Protection Section ec: DWQ APS Animal Feeding Operations Unit & WSRO'APSTEility_Fil� A]leghany County SWCDINRC5 nJYL5cGc: 1617 Mail Service Center. Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807.6492 Internet: www.ncwaterguality.orq An Equal Opportunity 1 At.+rmative Action Employer One NorthCaro]_ina Aaft(1 11 • a. • .•Provided) r� 0" I C I A L USE f� s Cr Posuw Certified Fee • 9 S r-� Postmark p Return Receipt Fee Here o [Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) M Cr rU Total Postage 8 Fees C3 e„t Mr. William Blan Bottomley C3 a 3hiwf Glade Creek Dairy Farm -•------- orPOr 6774 Glade Valley Road -__---. �" Ennice, NC 28623 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. R Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Y ! Mr. Wiiliai Bfan Bottomiey f Gfade CrAA Dairy Farm 6774 Glade,Valley Road Ennice, NC 28623 A X B. ❑ Agent ❑ Addressee AG of Delivery VISAellvery address 3rer—bntirom Item 1? a Yes YES, enterdelivery address below: ❑ No r _I a., 2M . _ 1 3. ISICertified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) a Yes 2. A 7010. 0290 0001 4977 4470 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-ht-1540 UNITED STATES POSTAL SERVICE First -Class Mail - Postage & Fees Pai USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • P. m,+C'4U-'a-L Aquifer Protection Section N.C. Dept. ol' 1:;nvironment and Natural Resources 585 Waughtown Streit RECEIVED , Winston-Salem, NC 27107-2241 N.C. Dept. Of ENR' FEB 11 201 l `' Qehston;Salern g iiii;;FffijiFjjiijiij"rjiiiif:iiii1)ghijijjFF,1111jjiiiiFjfijFiF A® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor �� �bo�z°t� Director May 28, 2013 CERTIFIED AklVfOZ09 2250 0004 1083 5510 RETURN RECEft REQUESTED Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC 28623 Subject: Notice of Violation: NOV-2013-PC-0194 Failure to Designate Operator in Charge Permit Number AWC030002, Alleghany County Dear Mr. Bottomley: John E. Skvarla, Ill Secretary This Notice is to follow-up on the Notice of Deficiency (NOD-2013-PC-0068) issued to Glade Creek Dairy Farm on February 6, 2013 for failure to designate an Operator in charge. It is this offices understanding that you have not yet designated an Operator in Charge (OIC) for your facility. As a reminder, North Carolina Administrative Code 15A 8F .0201(a)(2) requires the owner - of an animal waste management system to designate a new OIC within 30 days of a vacancy in that position. By failing to designate a new OIC within 30 days, you are in violation of NCGS 90A-47.2, NCAC 15A 8F .0201(a)(2) and Permit Condition H. 16. which requires you to designate a certif ed animal waste management system operator with a valid certification to be in charge of the animal waste management system. In an April 1, 2013 email response to the Division, Mr. Tracy Bottomley indicated that he and possibly two other farm employees plan on taking the certification class in October 2013, and that he will "hire someone as the operator". Taking the class in October would allow for December 12, 2013 as the earliest potential date for taking the examination required for becoming a Certified Operator. Division staff subsequently directed Mr. Bottomley to designate a Certified Operator as soon as possible to fill in the time until someone at the facility could become certified and be designated as OIC for the facility. Again, it is this offices understanding that you have yet to designate an OIC for the facility. To avoid possible enforcement actions for the above mentioned violation, please designate an OIC for this facility. This office requests that you submit a written response and a completed designation form to this office_ within thirty_ days (30) of receipt of this Notice. A designation form is enclosed for your convenience. The written response should outline the actions that you have taken thus far and actions you are/plan to take to correct this violation in a timely manner. 1617 Mail Service Center. Raleigh. North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, Nod Carolina 27604 Phone: 9IM07-63001 FAX: 91 U07-6492 Internet: www.ncytaterguality.org Nne orthCarolina Naturalill An Equal Opportunity 1 Af6rmaOe AoVon Employer ------------ Glade Creek Dairy ltnn - NOV May 28, 2013 Page 2 of 2 If you have any uestions concerning this Notice please contact me, or Mr. Patrick Mitchell, at (336) 771-5000 Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section 'CC, DWQ APS Animal Feeding Operations Unit WSRO APS Facility File Alleghany County SWCD/NRCS F=difD MtdgticU S E Postage CertlBed Fee Return Receipt Fee (Endorsement Required) Restricted 0elCry Fee {Endorsement pequired) Total Postage & Fees. $ I ,la? ! V 0 V Postmark Here yy77 IS/0 ( ent M. W1 hdM Blan Bottomielg GIade Creek Dairg.l" Scree . or PC or 6774 Glade Valleg Road -------•-- cry , .lrnnice, NC 28fi23.. . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P, E. Governor Director May 28, 2013 CERTIFIED MAIL 7009 2250 0004 1083 5510 RETURN RECEIPT REQUESTED Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC 28623 Subject: Notice of Violation: NOV-2013-PC-0194 Failure to Designate Operator in Charge Permit Number AWC030002, Alleghany County Dear Mr. Bottomley: John E. Skvarla, III Secretary This Notice is to follow-up on the Notice of Deficiency (NOD-2013-PC-0068) issued to Glade Creek Dairy Farm on February 6, 2013 for failure to designate an Operator in charge. It is this offices understanding that you have not yet designated an Operator in Charge (OIC) for your facility. As a reminder, North Carolina Administrative Code 15A 8F .0201(a)(2) requires the owner of an animal waste management system to designate a new OIC within 30 days of a vacancy in that position. By failing to designate a new OIC within 30 days, you are in violation of NCGS 90A-47.2, NCAC 15A 8F .0201(a)(2) and Permit Condition I1. 16. which requires you to designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. In an April 1, 2013 email response to the Division, Mr. Tracy Bottomley indicated that he and possibly two other farm employees plan on taking the certification class in October 2013, and that he will "hire someone as the operator". Taking the class in October would allow for December 12, 2013 as the earliest potential date for taking the examination required for becoming a Certified Operator. Division staff subsequently directed Mr. Bottomley to designate a Certified Operator as soon as possible to fill in the time until someone at the facility could become certified and be designated as OIC for the facility. Again, it is this offices understanding that you have yet to designate an OIC for the facility. To avoid possible enforcement actions for the above mentioned violation, please designate an OIC for this facility. This office requests that you submit a written response and a completed designation form to this office within thirty days (30) of receipt of this Notice. A designation form is enclosed for your convenience. The written response should outline the actions that you have taken thus far and actions you are/plan to take to (, correct this violation in a timely manner. `^+� 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91 M07-63001 FAX: 919-807-6492 Internet: www.ncwateroua;ity.ora O An Equal Opportunity 1 Affirmative Action Employer Ile NorkhCaroIina Glade Creek Dairy Farm - NOV May 28, 2013 Page 2 of 2 7M If you have any questions concerning this Notice please contact me, or Mr. Patrick Mitchell, at (336) 771-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: DWQ APS Animal Feeding Operations Unit WSRO APS Facility File Alleghany County SWCD/NRCS Mitchell, Patrick From: Tracy Bottomley [tbottomley@amhsparta.org] To: Mitchell, Patrick Sent: Wednesday, May 15, 2013 7:00 AM Subject: Read: Certified Operator for Glade Creek Dairy Farm Your message To: Subject: Certified Operator for Glade Creek Dairy Farm Sent: Wednesday, May 15, 2013 7:06:01 AM (UTC-05:00) Eastern Time (US & Canada) was read on Wednesday, May 15, 2013 6:59:40 AM (UTC-05:00) Eastern Time (US & Canada). In Mitchell, Patrick From: Mitchell, Patrick Sent: Monday, May 13, 2013 2:46 PM To: 'bottomleyfam@s ky best. com'; 'tbottomley@amhsparta.org' Cc: Buffington, Beth; Larick, Keith; Knight, Sherri Subject: RE: Certified Operator for Glade Creek Dairy Farm Tracy, I was on another line earlier when you tried to call me earlier. I received your voicemail message concerning Nancy Keith possibly moving the certification course to June 2013. I hope she is able to do this for you. It is too late now, but there was a course given in April that you or someone at the farm could have possibly attended in Burgaw, NC and then sat for the June 13, 2013 exam. If Nancy can offer the course in June, please note that the exam application must be postmarked by August 13, 2013 to be eligible to sit for the next available exam. The next available exam appears to be September 12, 2013. Additional information on the exams can be found at the following link: http://portal.ncdenr.org/web/wq/tacu-exams. It sounds like you have not yet hired a Certified Operator to designate for the farm. Please notify our office if you successfully obtain a Certified Operator on or before the close of business this Friday May 17, 2013. If you are unable to obtain a Certified Operator by Friday, we will have to issue a Notice of Violation. Would you please email me the same information that you left on the voicemail regarding your discussions with Nancy Keith and possibly hiring an Operator until you or someone at the farm can get certified. Feel free to call me to further discuss. I will be here the remainder of today (till 5:00 pm), out of the office in the field tomorrow and Wednesday, and in the office most of the day Thursday & Friday. Thanks, Patrick Patrick L. Mitchell, REHS, LSS NC DENR - DWQ , Aquifer Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 www.ncwaterquality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Mitchell, Patrick 1 Mitchell, Patrick From: Microsoft Outlook To: bottomleyfam@skybest.com; tbottomley@amhsparta.org Sent: Monday, May 13, 2013 2:47 PM Subject: Relayed: RE: Certified Operator for Glade Creek Dairy Farm Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: bottomle�am�skybest.com(bo�omleyfam@skybest.com).com(bo�omleyfam@)skybest.com) tbottomle amps arta.or tbottomle amhs arta.or Subject: RE: Certified Operator for Glade Creek Dairy Farm • Mitchell, Patrick From: Sent: To: Cc: Subject Tracking: Tracy, Mitchell, Patrick Monday, May 13, 2013 11:41 AM 'bottom Ieyfam@skybest.com'; 'tbottomley@amhsparta.org' Buffington, Beth; Larick, Keith; Knight, Sherri RE: Certified Operator For Glade Creek Dairy Farm Recipient 'bottomleyfam@skybest.com' 'tbottomley@amhsparta.org' Buffington, Beth Larick, Keith Knight, Sherri Delivery Delivered: 5/13/2013 11:42 AM Delivered: 5/13/2013 11 A2 AM Delivered: 5113/2013 11 A2 AM I left voicemail messages for you on both of your cell phones. Please call me to discuss the Operator designation at your farm. It has been greater than 30 days since I sent you the April 9, 2013 reminder email and greater than 90 days since the Notice of Deficiency was received on February 11, 2013. To date our office has not received any correspondence for designating a Certified Operator for your farm. Please respond by returning my phone calls or this email by this Friday May 17, 2013. Again, NC Administrative Code 15A 8F .0201(a)(2) requires that the owner of an animal waste management system designate a new Certified Operator within 30 days of a vacancy in that position. Please complete and return the operator designation form that was enclosed with the Notice of Deficiency dated February 6, 2013. If you have any questions, please feel free to contact me. Thanks, Patrick Patrick L. Mitchell, REHS, LSS NC DENR - DWQ , Aquifer'Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 www.ncwaterquality.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. -----Original Message ----- From: Mitchell, Patrick Sent: Tuesday, April 09, 2013 10:04 AM To: 'bottomleyfam@skybest.com'; tbottomley@amhsparta.org Cc: Buffington, Beth; Joshi, J.R. ; Larick, Keith 1 Subject: RE: Certified Opergor for Glade Creek Dairy Farm Tracy, You need to hire and designate a Certified Operator as soon as possible, or within 30 days of receipt of this email. NC Administrative Code 15A 8F .0201(a)(2) requires that the owner of an animal waste management system designate a new Certified Operator within 30 days of a vacancy in that position (this should have been completed on or before February 1, 2010). Please complete and return the operator designation form that was enclosed with the Notice of Deficiency dated February 6, 2013. If you have any questions, please feel free to contact me. Also, I wanted to make you aware that the annual permit fee for the following years: 2011 or 2012, is overdue and has not been paid. The fee is $180.00 for each year. Please submit payment and/or direct any questions concerning this matter to: Ms. Fran McPherson, DWQ Budget Office 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6321 E-mail: fran.mepherson(@ncdenr.gov Thanks, Patrick Patrick L. Mitchell, REHS, LSS NC DENR - DWQ , Aquifer Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 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. -----Orig1,ial-Message----- From: Tracy Bottomley[mailto:bottomleyfa_m@skybest.com] Sent: Monday, April 01, 2013 5:14 PM To: Mitchell, Patrick Cc: tbottomley{lamhsparta.org Subject: Re: Certified Operator for Glade Creek Dairy Farm Patrick Nancy Keith called me today and scheduled me and two of my employees for the next class available (October). I called her last week when we talked and she just informed me of the dates. If I need to hire someone as the operator, that will be fine. Thanks 2 Tracy Bottomley Tracy & Martha, ' > I am writing you to follow up on our March 27, 2013 phone > conversations concerning Notice of Deficiency (NOD-2013-PC-0068) dated > February 6, 2013. As a reminder, this Notice was the result of Failure > to Designate a valid Operator in Charge for Glade Creek Dairy Farm (Permit No. > AWC030002). Please respond to this email letting this office know your > intentions for designating an Operator in Charge for the subject farm > (i.e. someone at the farm is getting certified and what steps you > have/are taking to get certified, or you are hiring a valid certified > Operator). Please be reminded that the subject Notice requested a > written response be returned to our office within thirty days of > receipt, notifying us of your intentions and planned actions. To date > we have not received any written response. > If this violation is not addressed and we do not receive a timely > response, a Notice of Violation and possibly a Civil Penalty will be > issued. > Please feel free to contact me if you have any questions or if I can > be of any assistance. > Thank you, > Patrick L. Mitchell, REHS, LSS > NC DENR - DWQ , Aquifer Protection Section > Winston-Salem Regional Office > 585 Waughtown Street > Winston-Salem, NC 27107 > Phone: (336) 771-5285 > FAX: (336) 771-4631 > www.ncwaterguality.orR<http://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. 3 Mitchell, Patrick From: Microsoft Outlook To: bottomleyfam@skybest.com; tbottomley@amhsparta.org Sent: Monday, May 13, 2013 11:42 AM Subject: Relayed: RE: Certified Operator for Glade Creek Dairy Farm Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: bottomleyfam@skybest.com (bottomleyfam sky_best.com) tbottomle amhs arta.or tbottomle amhs arta.or Subject: RE: Certified Operator For Glade Creek Dairy Farm Mitchell, Patrick From: Tracy Bottomley [tbottomley@amhsparta.org] To: Mitchell, Patrick Sent: Tuesday, April 09, 2013 10:40 AM Subject: Read: Certified Operator for Glade Creek Dairy Farm Your message To: Subject: Certified Operator for Glade Creek Dairy Farm Sent: Tuesday, April 09, 2013 10:39:11 AM (UTC-05:00) Eastern Time (US & Canada) was read on Tuesday, April 09, 2013 10:40:16 AM (UTC-05:00) Eastern Time (US & Canada). Mitchell, Patrick From: Mitchell, Patrick Sent: Tuesday, April 09, 2013 10:04 AM To: 'bottomleyfam@skybest .com'; tbottomley@amhsparta.org Cc: Buffington, Beth; Joshi, J.R.; Larick, Keith Subject: RE: Certified Operator for Glade Creek Dairy Farm Tracking: Recipient Tracy, Delivery 'bottomleyfam@skybest. com' tbottomley@amhsparta.org Buffington, Beth Delivered: 4/9/2013 10:04 AM Joshi, J.R. Delivered: 4/9/2013 10:04 AM Larick, Keith Delivered: 4/9/2013 10:04 AM Rosebrock, Melissa Delivered: 419/2013 10.04 AM Knight, Sherri Delivered: 4/9/2013 10:04 AM You need to hire and designate a Certified Operator as soon as possible, or within 30 days of receipt of this email. NC Administrative Code 15A 8F .0201(a)(2) requires that the owner of an animal waste management system designate a new Certified Operator within 30 days of a vacancy in that position (this should have been completed on or before February 1, 2010). Please complete and return the operator designation form that was enclosed with the Notice of Deficiency dated February 6, 2013. If you have any questions, please feel free to contact me. Also, I wanted to make you aware that the annual permit fee for the following years: 2011 or 2012, is overdue and has not been paid. The fee is $180.00 for each year. Please submit payment and/or direct any questions concerning this matter to: Ms, Fran McPherson, DWQ Budget Office 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6321 E-mail: fran.mepherson(ancdenr.gov Thanks, Patrick Patrick L. Mitchell, REHS, LSS NC DENR - DWQ , Aquifer Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 www.ncwaterguality.org 1 s 4t 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. -----Original Message ----- From: Tracy Bottomley[mailto:bottomleyfampskybest.com] Sent: Monday, April 01, 2013 5:14 PM To: Mitchell, Patrick Cc: tbottomlev(@amhsoarta.org Subject: Re: Certified Operator for Glade Creek Dairy Farm Patrick Nancy Keith called me today and scheduled me and two of my employees for the next class available (October). I called her last week when we talked and she just informed me of the dates. If I need to hire someone as the operator, that will be fine. Thanks Tracy Bottomley Tracy & Martha, > I am writing you to follow up on our March 27, 2013 phone > conversations concerning Notice of Deficiency (NOD-2013-PC-0068) dated > February 6, 2013. As a reminder, this Notice was the result of Failure > to Designate a valid operator in Charge for Glade Creek Dairy Farm (Permit No. > AWC030002). Please respond to this email letting this office know your > intentions for designating an Operator in Charge for the subject farm > (i.e. someone at the farm is getting certified and what steps you > have/are taking to get certified, or you are hiring a valid certified > Operator). Please be reminded that the subject Notice requested a > written response be returned to our office within thirty days of > receipt, notifying us of your intentions and planned actions. To date > we have not received any written response. > If this violation is not addressed and we do not receive a timely > response, a Notice of Violation and possibly a Civil Penalty will be > issued. > Please feel free to contact me if you have any questions or if I can > be of any assistance. > Thank you, > Patrick L. Mitchell, REHS, LSS > NC DENR - DWQ , Aquifer Protection Section > Winston-Salem Regional Office > 585 Waughtown Street > Winston-Salem, NC 27107 > Phone: (336) 771-5285 > FAX: (336) 771-4631 > www.ncwaterguality.org<http://www.ncwaterguality.org/> 2 Mitchell, Patrick From: Microsoft Outlook To: bottomleyfam@skybest.com; tbottomley@amhsparta.org Sent: Tuesday, April 09, 2013 10:05 AM Subject: Relayed: RE: Certified Operator for Glade Creek Dairy Farm Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: bottomleyfam(Pskvbest.com (bottomleyfam_ skybest.com) tbottomley(@amhsparta.org (tbottomley@amhsparta.org) Subject: RE: Certified Operator for Glade Creek Dairy Farm 1 Mitchell, Patrick From: Tracy Bottomley [bottomleyfam@skybest.com] Sent: Monday, April 01, 2013 5:14 PM To: Mitchell, Patrick Cc: tbottomley@amhsparta.org Subject: Re: Certified Operator for Glade Creek Dairy Farm Patrick Nancy Keith called me today and scheduled me and two of my employees for the next class available (October). I called her last week when we talked and she just informed me of the dates. If I need to hire someone as the operator, that will be fine. Thanks Tracy Bottomley Tracy & Martha, > I am writing you to follow up on our March 27, 2013 phone > conversations concerning Notice of Deficiency (NOD-2013-PC-0068) dated > February 6, 2013. As a reminder, this Notice was the result of Failure > to Designate a valid Operator in Charge for Glade Creek Dairy Farm (Permit No. > AWC030002). Please respond to this email letting this office know your > intentions for designating an Operator in Charge for the subject farm > (i.e. someone at the farm is getting certified and what steps you > have/are taking to get certified, or you are hiring a valid certified > Operator). Please be reminded that the subject Notice requested a > written response be returned to our office within thirty days of > receipt, notifying us of your intentions and planned actions. To date > we have not received any written response. > If this violation is not addressed and we do not receive a timely > response, a Notice of Violation and possibly a Civil Penalty will be > issued. > Please feel free to contact me if you have any questions or if I can > be of any assistance. > Thank you, > Patrick L. Mitchell, REHS, LSS > NC DENR - DWQ , Aquifer Protection Section > Winston-Salem Regional Office > 585 Waughtown Street > Winston-Salem, NC 27107 > Phone: (336) 771-5285 > FAX: (336) 771-4631 > www.ncwaterguality_.orb<http://www.ncwaterguality.or > 1 I Mitchell, Patrick From: Nancy Keith {nancy_keith@ncsu.edul Sent: Monday, April 01, 2013 2:33 PM To: Mitchell, Patrick Cc: Rosebrock, Melissa; Larick, Keith; Buffington, Beth; Knight, Sherri Subject: Re: FW: No Certified Operator for Glade Creek Dairy Farm (Alleghany County) Patrick, I have talked with Tracy Bottomley and let him know that I plan to do the 10 hour Animal Waste Operator In Charge training October 30 and 31 so that they can take the December test. Thanks, Nancy Keith On Mon, Apr 1, 2013 at 12:04 PM, Mitchell, Patrick <Patrick.Mitchel l ca cdenr.gov> wrote: W I just wanted you to be aware of the no operator situation at Glade Creek Dairy in Alleghany County. They are aware of the violation and are reportedly in progress of working toward getting someone at the farm certified and maybe even a backup certified. Background: I began calling them late January 2013 to notify them of this violation. No answers and no returned phone calls. Note: our records show that their certified OIC became invalid January 1. 2010. They have had a little while to replace the OIC or get someone certified. - Due to the lack of response. we sent a Notice of Deficiency February 6. 2013 requesting a written response within 30 days of receipt (the response was due March 12, 2013). No written response or phone calls were received. - I began calling all contacts for the farm on March 26, 2013 to inquire about the missing response and what their intentions were to correct this violation. I spoke with the previous OIC and they stated that they would have the farm representative call me back. - I spoke Nvith the farm representative (Mr. Tracy Bottomley) on March 27. 2013. Mr. Bottomley stated that he was going to pursue getting certified and that he would be contacting the necessary people. I requested that he send me an email notifying me of leis intentions and proposed dates if possible... he stated that he would do SO. See email below for most recent correspondence. Patrick L. Mitchell, REHS, LSS NC DENR - DWQ . Aquifer Protection Section Winston-Salem Regional Office 585 Wauohtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 u-tii��+�. ncri�ul erqu�rl it�g E-mail correspondence to and froin this address ►ni tv be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Mitchell, Patrick Sent: Monday, April 01, 2013 11:37 AM To: 'bottomle fam sk best.com'; 'be Arland sk best.com' Cc: Knight, Sherri Subject: Certified Operator for Glade Creek Dairy Farm Tracy & Martha, I am writing you to follow up on our March 27, 2013 phone conversations concerning Notice of Deficiency (NOD-2013-PC-0068) dated February 6, 2013. As a reminder, this Notice was the result of Failure to Designate a valid Operator in Charge for Glade Creek Dairy Farm (Permit No. AWC030002). Please respond to this email letting this office know your intentions for designating an Operator in Charge for the subject farm (i.e. someone at the farm is getting certified and what steps you have/are taking to get certified, or you are hiring a valid certified Operator). Please be reminded that the subject Notice requested a written Mitchell, Patrick From: Sent: To: Cc: Subject: Tracking: Tracy & Martha, Mitchell, Patrick Monday, April 01, 2013 11:37 AM 'bottom leyfam@skybest. com; 'begarland@skybest. com' Knight, Sherri Certified Operator for Glade Creek Dairy Farm Recipient ' bottomleyfam@skybest. com' 'begarland@skybest.com' Knight, Sherri Delivery Delivered: 4/1/2013 11:37 AM I am writing you to follow up on our March 27, 2013 phone conversations concerning Notice of Deficiency (NOD-2013- PC-0068) dated February 6, 2013. As a reminder, this Notice was the result of Failure to Designate a valid Operator in Charge for Glade Creek Dairy Farm (Permit No. AWC030002). Please respond to this email letting this office know your intentions for designating an Operator in Charge for the subject farm (i.e. someone at the farm is getting certified and what steps you have/are taking to get certified, or you are hiring a valid certified Operator). Please be reminded that the subject Notice requested a written response be returned to our office within thirty days of receipt, notifying us of your intentions and planned actions. To date we have not received any written response. If this violation is not addressed and we do not receive a timely response, a Notice of Violation and possibly a Civil Penalty will be issued. Please feel free to contact me if you have any questions or if I can be of any assistance. Thank you, Patrick L. Mitchell, REH5, LSS NC DENR - DWQ, Aquifer Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 www.ngwaterguality.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. L-] 0 Mitchell, Patrick From: Microsoft Outlook To: bottom leyfam@s ky best. com; begarland@skybest, com Sent: Monday, Aprii 01, 2013 11:37 AM Subject: Relayed: Certified Operator for Glade Creek Dairy Farm Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: bottom IeyffamCaskybest.com (bottomleyfam@skybest.com begarland(Z-Dskybest.com (begarland@skybest.com Subject: Certified Operator for Glade Creek Dairy Farm ,ram NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakiid, RE Governor Director August 30, 2012 CERTIFIED MAIL, 7010 2780 0001 4221 7310 RETURN RECEIPT REQUESTED Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Enruce, NC 28623 SUBJECT: Notice of Violation -- NOV-2012-PC-0297 Facility 03-02, Permit Number AWC030002 Alleghany County Dear Mr. Bottomley: Dee Freeman Secretary On August 23, 2012 Mr. Patrick Mitchell with the North Carolina Division of Water Quality, Winston-Salem Regional Office (DWQ-WSRO), performed an announced Compliance Inspection at Glade Creek Dairy Farm. Mr. Tracy Bottomley accompanied Mr. Mitchell during this inspection. The inspection reflects non-compliance with your permit. The following violations warrant your attention and action: 1. Animal waste from the facility was land applied onto newly cleared tracts (parcel ID's: 4020496511, 4020483779 and 4020471849) located on Saddle View Road. The subject tracts are not referenced in the Certified Animal Waste Management Plan (CAWMP). Application of animal waste onto areas not included in the CAWMP is a violation of the Permit Condition IL2. You should discontinue any further land application of animal waste to the subject tracts until this tract is added to your CAWMP. 2. Application records associated with the above referenced land application event listed in item 1. were not completed and available for review. Failure to record all land application events is a violation of the Permit Condition I11A. Please record all land application events on the Division provided forms and keep available for review during inspections. 3. There was no vegetative cover present on the subject tracts referenced above in item 1. Animal waste land applied to bare soil where crops are not actively growing must be incorporated into the soil within two (2) days after application, or prior to the next rainfall event, whichever occurs first. Mr. Tracy Bottomley indicated that land application at the Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: 336-771-5000 4 FAX: 336-771-4631 1 Customer Service: 1-877-623-6748 Internet: www,ncwatLrgtjality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina ,'Vatumay Glade Creek Dairy Farm i Notice of Violation — NOV-2012-PC-0297 0 August 30, 2012 Facility 03-02, Permit No. AWC030002 subject site began early -August 2012. Failure to incorporate the animal waste into the soil within two (2) days following application is a violation of Permit Condition II. 7. Please incorporate the animal waste into the soil as soon as conditions allow. 4. Waste analysis results associated with the following land application events were not available for review during inspection: Fall 2011 event(s), Spring 2012 event(s), and Summer 2012 event(s). Failure to conduct an analyses of animal waste within sixty (60) days (before or after) the date of application is a violation of Permit Condition 111.5. Please submit these missing waste analysis. Keep all waste analysis results available for review during future compliance inspections. In addition to the above listed permit condition violations, the following items of concern should also be addressed: a) The `Waste Utilization Plan" (WUP) has not been updated as suggested during the previous compliance inspection conducted on June 23. 2011. This resulted in non-compliance during the 2011 inspection due to the plant available nitrogen (PAN) rating that is allowable per the existing WUP for a corn crop on some fields. Please contact your Technical Specialist for review and any modifications of PAN- ratings in the WUP. As a reminder, please follow the current PAN ratings listed in your WUP until modification can be made. b) The waste in the "Heifer Waste Pond" was at the max freeboard level at the time of inspection. Please take the following actions: tralisfer waste to one of your other two (2) waste ponds with adequate freeboard until waste can be properly land applied and/or land apply waste on approved tracts in your WUP if conditions allow. c) There was evidence of a past overflow of waste from the "New Waste Pond''. It should be noted that no evidence of discharge to surface waters was observed. Please maintain all waste ponds so that adequate freeboard is present at all times, per the CAWMP, to prevent release of waste. d) Division staff revisited the above referenced newly cleared tracts located on Saddle View Road immediately following the inspection unaccompanied. Mr. Tracy Bottomley was invited to accompany staff for this revisit, but was unable. The site was found to contain some areas with steep slopes. which had a minor amount of animal waste applied. Some runoff was observed from these areas, with none reaching surface waters at the time of inspection. This office recommends avoiding animal waste application to steep areas to prevent runoff and possible discharges. Again, please contact your Technical Specialist for site review and the addition of this tract to your WUP. e) The following concerns were also observed during the unaccompanied revisit of the subject newly cleared tracts and have been forwarded to the appropriate divisions and sections: sediment and erosion control. and fillin`r of a drainageway possibly containing surface waters. You are required to take necessary actions to correct the above mentioned violations and address the items of concern. Also, provide the missing waste analysis results listed in item 4. to this office. Be advised that these violations, and any future violations, are subject to a civil penalty assessment of up to $25,000 per day, per violation under authority of G.S. 143-215.6A. Page 2 of 3 .+ Glade Creek Dairy Farm Notice of Violation — NOV-2012-PC-0247 #es. August 30, 2012 Facility 03-02, Permit No. AWC030002 If you have any questions concerning this Notice, you may contact Mr. Patrick Mitchell or me at (336) 77I-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: Mr. Tracy Bottomley — 6774 Glade valley Rd., Ennice, NC 28623 Alleghany County SWCD/NRCS Mr. Matt Gantt, WSRO LQ Mr. Corey Basinger, WSRO SWPS ,APS - Animal Feeding Operations Unit �WSRO_APS-FilesD Page 3 of 3 r CERTIFliD RECEIPT II U.S. Postal Service,,, ,. (DomesticOnly, rn r- ' r-q OFFICIAL USE ru ru Postage $ . �{ 5 r-q CerilfledFee "1.� 5 C3 Retum Receipt Fee a� Postmark O � 3 (Endorsement Required) , S Here tC3 Restricted DeWory Fee 0 (Endorsement Required) CO r- Total Prmt .. K For Q. r ru 0 o Mr. William Blan Bottomley r-1 Glade Creek Dairy Farm O Street, A r` orPoa 6774 Glade Valley Road "I" I Ennice, NC 28623 IIM —AM I UNITE4STATES POSTAL SERVICg Firsf-Class Nail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4.in this box • Aquifer Protection Section N.C. Dept. of Environment and Natural RCSOUrces 585 Waughtown Street Winston-Salem, NC 2 7107-2241 li iliftl ll 1i i l l ill I I ill i I I l J 1111 1111111 l 01d111 i I 1 i I l I l l l l 111 ■ Complete items 1, 2, and 3. Also complete A. item a if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. B. I ■Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC 28623 © Agent ❑ Addressee by (Printed N17m 10. Date of Delivery Is delivery address different from item 17 U Yes If YES, enter delivery address below: ❑ No 3. Se ce Type Certi[led Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured MaIJ ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number l,v (Transfer from service labell PS Form 3811, February 2004 Domestic Return Receipt 1 102595-02-M•1540 �osebrock, Melissa From: Mitchell, Patrick Sent: Wednesday, August 29, 2012 8:41 AM To: Smith, George Cc: Euliss, Amy; Rosebrock, Melissa Subject: RE: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley George, No, they were not with me when I took the photos. I did ride around the site with the farm OIC first, but he was driving and showing me what he wanted me to see. I told him I was going back over there and offered for him to accompany me, but he was too busy and unable. I agree the pipes probably serve a dual purpose for draining a wet area also, but there was a fairly significant amount of water flowing in a 10 to 14 inch wide channel flowing out of the fill beside the pipes. Without and auger or shovel I was unable to determine if this flow was from a spring close by or a stream that started upslope under the fill material. Contacts: Blan Bottomley — 657-3499, 657-3161 or 657-3347 Tracy Bottomley — (home) 657-8347 or (cell) 200-2347 Patrick L. Mitchell, REHS, LSS Aquifer Protection Section NC DENR - DWQ Winston-Salem Regional Office S85 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Smith, George Sent: Wednesday, August 29, 2012 7:34 AM To: Rosebrock, Melissa; Euliss, Amy; Mitchell, Patrick Subject: RE: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley Yes, contact information is needed. Did you meet them on the site when the pictures were taken? George Smith New email: george.smith@ncdenr.gov NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4968 FAX: (336) 771-4630 � J 0 pe E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Tuesday, August 28, 2012 4:10 PM To: Euliss, Amy; Mitchell, Patrick Cc: Smith, George Subject: RE: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley I'm on vacation Friday as well. Hate to miss out on all the fun, though.... Let us know if you need any contact numbers or addresses for Mr. Bottomley (son or father). Melissa Rosebrock E-mail Address: melissa.rosebrock(@ncdenr.sov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records.Law and may be disclosed to third parties. From: Euliss, Amy Sent: Tuesday, August 28, 2012 4:08 PM To: Mitchell, Patrick Cc: Smith, George; Rosebrock, Melissa Subject: RE: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley I think George and I need to get out there ASAP. His schedule is uncertain next week. We'll go on Friday, and let you know what we come up with. Melissa, You're welcome to tag along if you can. From: Mitchell, Patrick Sent: Tuesday, August 28, 2012 4:05 PM To: Euliss, Amy Cc: Smith, George; Rosebrock, Melissa; Basinger, Corey Subject: RE: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley I will be on vacation this Thursday through next Tuesday. I have 9/06, 9/07 and 9/08 available next week. Patrick L. Mitchell, REHS, LSS Aquifer Protection Section NC DENR - DWQ Winston-Salem Regional Office 58S Waughtown Street . Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 www' cWoterquolity.org 0 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: Euliss, Amy Sent: Tuesday, August 28, 2012 8:56 AM To: Mitchell, Patrick Cc: Rosebrock, Melissa; Basinger, Corey; Smith, George Subject: RE: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley Patrick, George and I are available to go up there on Friday. Would that work for you? From: Mitchell, Patrick Sent: Monday, August 27, 2012 5:15 PM To, Basinger, Corey; Smith, George; Euliss, Amy; Cc: Knight, Sherri; Rosebrock, Melissa Homewood, Sue; Gantt, Matt; Leonard, Shannon Subject: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley All, I visited a newly cleared property on 8/23/2012 during a routine inspection of one of our permitted CAFOs (Glade Creek Dairy Farm — Mr. Blan Bottomley) in Alleghany County. The cleared area consist of approximately 30 acres, that was previously forested. Included in this area of disturbance is an unnamed tributary to Big Pine Creek (possibly an ephemeral or intermittent stream) that has been filled. There were two drainage pipes and washed gravel present at the outlet of the fill area. The stream however, was bypassing the installed pipes flowing out from under the fill material. This UT flows into another UT prior to entering Big Pine Creek (See attached sketch). The intended purpose for the clearing/disturbance is for agricultural purposes (i.e. corn, small grain, and some Christmas trees). I will place photos of the site on the "G" drive tomorrow, then email the exact file location and name. The site is located off Saddle View Road. I will be happy to accompany anyone tc the site if necessary. We (DWQ-APS) will be writing the Permittee an NOV for violations at the site related to our permit and regs., but I wanted to forward this to you all, since there may be additional site violations for your programs. Feel free to contact me to discuss. Thanks, Patrick Patrick L. Mitchell, REKS, LSS Aquifer Protection Section NC DENR - DWQ Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 tw_ww. ncwoterquolity.orq 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. `hosebrock, Melissa From: Mitchell, Patrick Sent: Monday, August 27, 2012 5:15 PM To: Basinger, Corey; Smith, George; Euliss, Amy; Homewood, Sue; Gantt, Matt; Leonard, Shannon Cc: Knight, Sherri; Rosebrock, Melissa Subject: Land clearing & stream impacts in Alleghany County - Mr. Blan Bottomley Attachments: SaddleView Sketch.pdf All, I visited a newly cleared property on 8/23/2012 during a routine inspection of one of our permitted CAFOs (Glade Creek Dairy Farm — Mr. Blan Bottomley) in Alleghany County. The cleared area consist of approximately 30 acres, that was previously forested. Included in this area of disturbance is an unnamed tributary to Big Pine Creek (possibly an ephemeral or intermittent stream) that has been filled. There were two drainage pipes and washed gravel present at the outlet of the fill area. The stream however, was bypassing the installed pipes flowing out from under the fill material. This UT flows into another UT prior to entering Big Pine Creek (See attached sketch). The intended purpose for the clearing/disturbance is for agricultural purposes (i.e, corn, small grain, and some Christmas trees). I will place photos of the site on the "G" drive tomorrow, then email the exact file location and name. The site is located off Saddle View Road. I will be happy to accompany anyone to the site if necessary. We (DWQ-APS) will be writing the Permittee an NOV for violations at the site related to our permit and regs., but I wanted to forward this to you all, since there may be additional site violations for your programs. Feel free to contact me to discuss. Thanks, Patrick Patrick L. Mitchell, REHS, L55 Aquifer Protection Section NC DENR - DWQ Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 www. ncwaterquolity. 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. 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W rR0'00- Datum: NAD27 CoPr�ft (C) 2WD WIYTOM 17 Aosebrock, Melissa From: Mitchell, Patrick Sent: Wednesday, August 01, 2012 9:50 AM To: Rosebrock, Melissa Subject: RE: Land application & slope If they require PLAT, there will be slope requirements. Patrick L. Mitchell, L55 NC DENR - DWQ Aquifer Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Wednesday, August 01, 2012 9:47 AM To: Mitchell, Patrick Subject: RE: Land application & slope Great thanks! Melissa Rosebrock E-mail Address: mefissa.rosebrockPncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Mitchell, Patrick Sent: Wednesday, August 01, 2012 9:45 AM To: Rosebrock, Melissa Subject: Land application & slope Melissa, I did find this study conducted by the University of Michigan (Titled: Wet Weather Benchmarking Report, Ch 8). It compares different State requirements vs. EPA. Below is what they had listed for NC on slope... Sounds like the 10% / 18% would just be a recommendation or BMP for animal waste. I know for biosolids land application that other states have more strict slope requirements than NC while others have less strict. File ''Edit View Window Help'-" 54 it using e plow w method, -- e slope must not exceed o- A manure free vegetative buffer zone of 25 feet is required along or around defined draw: sinkholes on slopes of 6% or less- On slopes greater than 6%, the vegetative buffer shall percent slope times 100 feet. Where a vegetative buffer is not established, manure shall i closer than 50 feet from the defined drainage channel or sinkholes on slopes of 6% or les vegetative buffer on slopes greater than 6%, the distance shall be eight times percent slol For example, the buffer zone for a 10 percent slope should be 8 x 0.10 x 100 = 80 feet. IS( North Dakota Applications are allowed on tiled land, but must be set back either 35 feet with a vegetati feet without vegetation. The state also utilized slope -specific restrictions. 189 Ohio The state allows waste -to -land application in fields that are tiled, but regulates the activit "100' or 35' vegetated strip for land application, and 300' [setback] for stockpiles from [a inlet." To reduce contamination the agency utilizes the following BMPs_ "lower rates, di to tiles shallow injection tile stops/plugs, visual monitorui "190 pathways � J� a g- Operators engaging 'n liquid application of waste must use methods or devices to captun Patrick L. Mitchell, LSS NC DENR - DWQ Aquifer Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 I 2 NC®ENR North Carolina Department of Environment and Natural Resourc Pat McCrory Governor CERTIFIED. MAIL RETURN RECEIPT_ REQUESTED William Bottomley Glade Creek Dairy Farm 6774 Glade Valley Rd Ennice, NC 28623-8623 Dear Permittee, Diviston of Water Quality Chad--s-Wakild,-P.E. Director April 24, 2013 Subject: Notice of Violation' Glade Creek Dairy Farm Permit NumberAWC030002 Alleghany County • RECEIVED N.C.Dept. of EN�R APR 2 5 2013 a Winston-Salem Regional offira John E. Skvarla, III Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the.annual administering and compliance fee within thirty (30) days of being billed by this Division. The followin2 invoices are outstanding: Invoice Number Due Date Outstanding Fee $ 2011PR007498 9/4/201I 180.00 2012PR008498 9/6/2012 180.00 Please also include payments for prior year invoices for which the anuual fees are still due. . Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Quality — Budget Office Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6321 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-64641 FAX 91IM07.6492 I nternet: www.nc vva teraua 4ty.ora -contd - No hCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 807-6341 or atjaya.joshi@ncdenr,gov. Sincerely, Keith Larick, Supervisor Animal Feeding Operation Unit cc: Winston-Salem Regional Office, Aquifer Protection Section. APS Central File (Permit No AWC030002) .F :r e� e r� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 27, 2011 CERTIFIED MAIL 7008 1300 0001 1938 6816 RETURN RECEIPT REQUESTED Mr. Tracy Bottomley Glade Creek Dairy Farm 5071 Glade Valley Road Ennice, North Carolina 28623 Subject: NOTICE OF VIOLATION: NOV-2011-PC-0396 Glade Creek Dairy Farm Facility No. 03-02 Permit No. AWC030002 Alleghany County Dear Mr. Bottomley: On June 23, 2011 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected Glade Creek Dairy Farm and the permitted waste disposal system. As a result of this inspection, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste System General Permit No. AWG200000 as follows: Violation: Failure to test and calibrate the waste application equipment in accordance with Condition I1. 24. of Cattle Waste System General Permit No. AWG200000. On June 23, 2011 staff documented that the honey wagon had not been calibrated since 2008. Required Corrective Action for Violation: In the future, be reminded that all waste application equipment, including the 4800 gallon tank, shall be calibrated every two years. Assuming that the calibration requirement has now been or is soon to be met, it would then be required again in 2013. Failure to comply with conditions in a permit may result in a recommendation of enforcement action to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-77IA630 LCustomer Service: 1-877-623-6748 Intemet: wwwncwaterquality.org NorthCarolina Nat"allrf An Equal Opportunity 1 Affirmative Action Employer T. Bottornley — Glade Creek Dairy Fa,o July 27, 2011 Page 2 of 2 Additional Concerns: A review of the waste application records indicates that the 2011 Spring corn crop may have received over twice as much plant available nitrogen (PAN) as is allowed per the Waste Utilization Plan (WUP). As discussed with Ms. Rosbrock during the inspection, you may wish to contact your technical specialist since some of the PAN numbers appear to be unusually low. If a review of the WUP indicates that the current allowable PAN is correct, your permit requires that you apply no more total nitrogen (animal waste and commercial nitrogen) per acre than stated in the WUP. Additionally, we remind you that stocking records must be maintained on at least a monthly basis. Heifers should also be included in this number. Lastly, stream samples obtained on the date of the inspection indicate that you may have additional sources of contaminants entering the freshwater stream below the barn. On -site observations document that sludge worms, odor, and foam were not present in the stream. However, downstream specific conductance was measured to be 310 µs/em and biochemical oxygen demand (BOD) was 2.3 mg/L. Since the stream in question is a headwater stream that originates on your property as a spring, Ms. Rosbrock was not able to obtain a suitable upstream sampling site. Specific conductance is a measure of the ability of water (at 25°C) to pass an electrical current. Conductivity in water is affected by the presence of inorganic dissolved solids such as chloride, nitrate, sulfate, and phosphate anions (ions that carry a negative charge) or sodium, magnesium, calcium, iron, and aluminum cations (ions that carry a positive charge). Organic compounds like oil, phenol, alcohol, and sugar do not conduct electrical current very well and therefore have a low conductivity when in water. Conductivity is also affected by temperature: the warmer the water, the higher the conductivity. Discharges to streams can change the conductivity depending on their make-up. A failing sewage system, for example, would raise the conductivity because of the presence of chloride, phosphate, and nitrate; an oil spill would lower the conductivity. BOD measures the amount of oxygen consumed by microorganisms in decomposing organic matter in stream water. BOD also measures the chemical oxidation of inorganic matter (i.e., the extraction of oxygen from water via chemical reaction). The rate of oxygen consumption in a stream is affected by a number of variables: temperature, pH, the presence of certain kinds of microorganisms, and the type of organic and inorganic material in the. water. Sources of BOD include leaves and woody debris; dead plants and animals; animal manure; effluents from pulp and paper mills, wastewater treatment plants, feedlots, and food -processing plants; failing septic systems; and urban stormwater runoff. We urge you to re-evaluate your onsite animal waste management, fertilizer, and leachate practices to assure that all sources of pollution have been addressed. Please contact our office if you have questions regarding this Notice. Your prompt attention to the concerns outlined in this letter is greatly appreciated. Sincerely, Sherri V. Knight, P.E. Environmental Program Supervisor cc: APS CAFO Unit, WSR acFO acFO ility Fileand Alleghany County NRCS/SWCD UiviTEd STATE��US1',4����1:f�fIC��'x�;i`'•�•<�„L� t.,',�,��{�""' -rr �''rti"::a•.Y,,,_'.$.,ylr.0 �;'�';':s.�c�:, 541 r)." • „r e • a:, �rn r^wt rr�t..:: ..,�nn:•rs ".t4-� k'k • Sender: Please print your name, address, and ZIP+4 in this box • %Y) . 1�6 se b roc. - Aquifer Protection Section N.C. Dept. of Environment and Natural Resources 585 Waughtown Street Winston-Salem, NC 27107-2241 �rrlrl�rrrlrrr��lfrrrlrreirrlrlrr�rl�rrtlr�[frfrrira�rlrl�lrl� ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. s Attach this card to the back of the mallplece, or on the front If space permits. r ,. Article Add t3 C 03 W6 � Mr. Tram Bottomiey N o r�s Glade Creek Dairy Farm 5071 Glade Valley Road Ennice, NC 28623 2. A BVelved vPrfe— Name) G. Aata f e ver 4' a. D. Is aellvery address different from tern-17,- � Yes If;YES, enter delhre`ry address below: `- 0 No T)4A01UL 2 9 3. Sapdce Type Certified Mall ❑ Express Mall Cl Registered ❑ Return Receipt for Merchandlsr ❑ Insured Mall ❑ C.Q.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7008 1300 0001 1938 6816 I P5 Form'3811, February 2004 Domestic Return Receipt' I/ County: ALLEGHANY Sample ID: AB72929 River Basin NEU _ _ -- OF WArq PO Number # 11W4937 Report To WSROSP IkECEIVED Date Received: 06124I2011 Collector: M ROSEBROCK ;.c. Deot of ENR ? al r Time Received: 08:00 n �UL U 8 2011 Labworks LoginlD DLEAVITT Region: WSRO Report Generated: 7I6111 Sample MaWx; SURFACEWATER Winston-Satem Loc. Type: Re8lonat Office Date Reported: 07106/2011 Emergency Yes/No VisitlD COC Yes/No 7� Loc, Descr.: DOWNSTREAM GLADE CREEK DAIRY Location ID: WSROSPNLC Collect Date: 0612312011 Collect Time: 14:30 Sample Depth CAS # Analyte Name LAB Sample temperature at receipt by lab MIC BOD, 5-Day in liquid Result/ Method Analysis PQL Qualifier Units Validated by Reference hate 1.0 °C 6124/ 11 DLEAVITT 2 2.3 mg1L APHA5210B 6124/11 MOVERMAN NUT NH3 as N in liquid 0.02 0.30 mg/L as N LaC10-107-06-1-J 6128111 CGREEN Total Kjeldanl N as N in liquid 0.2 1.0 mg1L as N Lachat107-06-2-H 6/28111 CGREEN NO2+NO3 as N in liquid 0.02 13 mg1L as N LaC10-107-04-1-c 6128111 CGREEN Phosphorus_total as P in liquid 0.02 0.22 mg1L as P Lac10-115-01-1EF 6/24111 CGREEN Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes rafer to hlt IbDrtal.ncdenror !we I a4ls!affonfoltevsassist DataQualifier Codes <h*tpgperalncdenr.or lwebf flab/stafFinfoltechassist� Page 1 of 1 �C-4 I .� -V -z) �5vv �mC COUNTY RIVER BASIN: n • REPORTTO 7ll��v`-'� Reydnnal Office Other COLLECTOR(S) Estimated BOP Ranee: Sect!: ClOcrioated: Station Al/Location Code Dale BSgi`L DIVISION OF NVATER QUALII'1' Chemistry Laboratory Report 1 Water Quality El i1. LTYPE P_PJOR= ❑.., AN1131ENr ❑ QA Lln*R AM ❑ EFFLUENT I V 0—L-LANCE ❑ CHA.fN OF CUSTODY ❑ LAKE ❑ INFLUENP ❑ ENIERG£NCY VIS5F ID ❑ ESTUARY Station Location: --` Remarks: mldd) Date End (yylrrrmtdd) Time Begin Time End I Depth - DK IM DBM Value Type - A, H, L BOD 3 tO mg1L COD High 340 mg/L COD Low 335 mglL Coliform: MF Fecal 31616 1100nd Col ifomr: h1F Total 31504 t100m1 Cnlil'orm: tube Focal 316I5 /loom] Coliform: Fecal Strep 31673 1l OOmil Residue, Total 500 mg/L Volatile 505 ml/L Fixed 510 in6fL. Residue: Suspended 530 mF/L Volatile 535 MO. Fixed 540 mg1L pH 403 units Acidity to pH 4.5 436 MWL Acidity to pH g.3 435 mg1L Alkalinity to p148.3 415 mp L Alkalinity to pl[ 4,5 410 mg/L. TOC 690 mglL Turbidity 76 NIU Coliform Total 'rube 1100 ml COMMENTS : Chloride 940 mgfL Chlorophyll a EPA 445,0 modified option ul/L Color. Truc 80 c,u. Color. (pH) 83 pH. c,u. Color: pH 7.6 82. C,u. Cyanide 720 mgtL Fluoride 951 mgiL Pormaldchyde71880 n%fL Grease and Oils 556 mgrL Hardness Total90D mg1L Specific Cond. 95 umhoslcm NMA5 38260 mg1L Phenols 3273C uVL Sulfmt 945 mg/L Sulfide 745 mg1L Boron Tannin & Liptin ugfL Heaavalent Chromium ug/L Bicarbonate mWI. Carbonate mg/I. Total Dissolved Solids mg1L Ni-13 as N 610 mBfl- rFKN an N 625 mF/L . 02 plus NO3 as N 630 mg1L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd- Cadmium 1027 ugfL CrrChromium:Tolal 1034 ug/L Cu- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ug/L Zn-'Zinc 1092 ug/L V-Vanadium ug/L Ag-Silver 1077 ugfL Al- Aluminum 1 105 uS(L Be -Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ugfL Fe- Iran 1045 L!fL Ma -Molybdenum ug L Sb-Antimony ugfL S n-Tin ua TI-Thallium ug/L T, Titanium uafL Fig-1631 ngfL ab Nurnbe� "�j Date Received: Time Received : O� Received By I- 1 Data Released Date Reported Composite-T, 5, B I Samplr'[•ype Li -Lithium ) 132 ug/L Mg- Magnesium 927 Mn-Manganese 1055 ug/L Na-Sodium 929 mgtL Armnic:Tola11002 ug/L So -Selenium 1147 ug/L Hg- Mercury 71900 u6jL Ba-Barium ugfL Orpmochlorine Pesticides Organophosphorus Pesticides Organonittogen Pesticides Acid Herbicides BnefNcutral&Aced Extractsbl c Organics TPH Diesel Range Purgeable Organics (VOA bottle req d) TPH Gasoline Range TP141131EX Gasoline Range Phytoplankton Temperature nn arrival (aC): L "" J w 5 �� �. ' ix: t4 �,, � � i u r'� .:: «. .' S' 0 EN North Caroiina DeDarrment of Envir :nmont and Natural FIxe5ources E�everiv Eaves perdue izovarnor CERTIFIED MAIL- RETURN IZECEiPT_REQUESTED Bottomlev.W illiam Glade Creek Dain, Faun 6774 Glade Valley Rd Ennice. NC: 25623 Dear Permittee. Division of Water Quality Coie-erl H. Sullins Director December 10. 2010 Dee reemar, �a:.r?iarlr RECEIVED N.C. Dept. of ENR DEC 14 2010 Winston -salons Regional office Subject: Notice of Violation Glade Creek Duir v Farm Permit Number AWC030002 Alleshany County As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 1 aA NCAC 2T .0105(c) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The followinu invoices are outstandin<L,: Invoice Number I Invoice Date Due Date Outstanding Fee (S) 2010PR008242 I S/13/2010 1 9/12/2010 1 180 Please be reminded that the table above covers only the most recent invoice sent to you. Please also include pavments.fnr invoices sent in the previous years.for which the anuual fees are still due. Failure to pay the fee accordingly may result in the Division initiating enforcement actions. to include the assessment of civil penalties. Failure to comply with conditions in a pennit may result in a recommendation of enforcement action. to the Director of the Division of Water Quality who may issue a ci%, l penahy assessment of not more that twenty-five thousand (5-25,000) dollars against any "person who violates or fails to act in accordance with the terms. conditions. or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENTR'). in the above amount. Please include Permit Number on vour check and mail this payment to: Division of Water Quality — Budget Office Attn: Fran McPherson 1617 Mail Service Center Raleieh, NC 17699-1617 At" Phone: (919) 807-6321 0-41 )s//o /f ,-Corrtd.- 16H f;4ail cerdic5 Center=�aieia N=J-i Caroline 2 66��-16H- l + A�D ocation: 2i 22 ;, am..al Bive,. oat=an. Nanh {,;a.:aiina 2-604 iil�e(ne,-:;wv,,n'�lvr.l��rQtjnfE�_S'.11C�i A _� t� L/ • • If you have any questions concerning this Notice, please contact J. R..ioshi at (919) 715-6698 or at java.joshi@ncdenr.gov. Sincerely. Keith Lariclt, Supervisor Animal Feeding Operation Unit cc:K-W:inston:Salem.Regional Office, Aquifer Protection Section APS Central File (Permit No AWC030002) ���YII'Jr NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor William Bian Bottomley 6774 Glade Valley Rd. Ennice, NC 28623 Division of Water Quality Coleen H. Sullins Director May 19, 2010 Subject: Notice of Deficiency #NOV-2010-PC-0578 Glade Creek Dairy Farm Permit No. AWC030002 Alleghany County Dear Mr. Bottomley: Dee Freeman Secretary During the Fall or Winter of 2009-2010, a representative of your animal operation informed the Division of Water Quality (DWQ) Winston-Salem Regional Office that there was inadequate freeboard in the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section Ill. No. 13) states that the "Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the ... failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in ... this General Permit." We appreciate the fact that you reported the problem of high waste level as required by your permit and have worked with our staff to manage the problem once it occurred. While we recognize the extraordinary weather conditions existing at the time, the lack of adequate freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ. The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made. to resolve the problem once identified, and efforts proposed to prevent future problems have all been factors in our decision regarding enforcement. Upon review and consideration of the information submitted and/or discussed with DWQ staff, the Winston-Salem Regional Office has determined that a Notice of Deficiency (NOD) is appropriate and that no further compliance/enforcement actions will be taken by the Division for the high waste levels occurring between October 2009 and March 2010. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. This may include, but is not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and / or more flexible application equipment, and main- 585 Waughtown Street, Winslon-Saiem, North Carolina 27107 Phone: 336-771-5000 1 FAX: 336-771-4631 One Internet: www ncwaterqualityorg North Carol i rya An Equal Opportunity's Affirmative Aclion Employer Aalurally High Freeboard NOD May 19, 2010 Page 2 taining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Thank you again for your cooperation, If you have any questions regarding this letter, please do not hesitate to contact the Winston-Salem Regional Office at (336) 771-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section CC: WSRO Facility File DWQ-APS-Animal Feeding Operations Unit Joseph Hudyncia — DSWC WSRO APS Central Files — Permit No. AWC030002 t �OYA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL 7005 2570 0001 4673 8517 RETURN RECEIPT REQUESTED Mr. Blan Bottomley Glade Creek Dairy Farm 5071 Glade Valley Road Ennice, NC 28623 SUBJECT: Notice of Violation Coleen H. Sullins Director October 28, 2009 Case Number; NOV-2009-PC-0864 Failure to Maintain Adequate Freeboard Facility 03-02, Permit Number AWC030002 Alleghany County Dear Mr. Bottomley: Dee Freeman Secretary As you are aware, staff of the Division of Water Quality's Winston-Salem Regional Office performed a Compliance Inspection at Glade Creek Dairy on October 6, 2009. Mr. Tracy Bottomley, dairy farm manager, was present during Ms. Rosebrock's visit. At the time of the inspection, the waste level in all three animal waste storage structures was observed to be above the maximum liquid mark. In fact, the waste level of the "heifer' waste pond had risen into the structural freeboard, with only seven inches of storage remaining before overflowing the wall along the farm road. And while animal waste from the "milk barn" and "new" storage structures was not flowing through their spillways, the waste levels were still greater than that allowed by the Certified Animal Waste Management Plan (CAWMP). Ms. Rosebrock noted that the Division received prior notification of the freeboard problems as required by the permit. A visual inspection of the waste storage pond embankments did not indicate that the structural integrity had been compromised as yet. Ms. Rosebrock also discussed with Tracy the need to more "proactively" manage the waste when weather conditions are favorable and a receiving crop is available. It is our expectation that farming activities can be conducted such that permit compliance may be maintained year-round. Additionally, Ms. Rosebrock documented excessive fungal and algae growth, foam, and odor in the stream below the concrete lot near the milk barn. On the date of the inspection, leachate from the trench silo was actively flowing into the stream, Nutrients and solids in the leachate can easily cause stream standard violations of pH, dissolved oxygen, turbidity, etc. Winston-Salem Regional Once 585 Waughtown Street Winston-Salem, NC 27107 Phone: 336-771-50001 FAX: 336-771-46311 Customer Service: 1-877-623-6748 Hemet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarotina Naturally 0 Bottomley October 28, 2009 Page 2 In order to avoid future water quality violations, the discharge of leachate should be abated immediately and the following corrective actions implemented: 1) Construct a small retention basin in "natural soil" below the lowest point on the dam for any waste structure with the waste level currently above the maximum liquid mark. The retention basin must NOT be dug into the constructed dam. The basin is to contain the waste in the event it crests through or over the spillway. 2) Continue to divert any additional freshwater away from. the waste storage ponds. 3) Begin/continue hauling waste from the storage ponds and land apply as soon as field conditions allow. 4) Continue to update the DWQ Regional office on the daily rainfall and waste levels each week until the waste levels in all waste ponds are below the maximum liquid mark (in compliance). These updates may be in the form of an email or telephone call. 5) Continue to monitor and document the condition of the dams for any deterioration or leaks. Notify DWQ immediately if detected. If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrock, at (336) 771-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: APS - Animal Feeding Operations Unit Alleghany County SWCDINRCS WSRO APS Files Central Office APS File UNITED STATES • Sender: Please print your name, address, and ZIP+4 in this box • M . 12"se-b,-o c-L Aquifer Protection Section Department of Environment and Natural Resources 585 Waughtown Street Winston-Salem, NC 27107-2241 IikI3�Ik3313 EE�111l1!�!:k�!!i1i!.l I1�klilEi t�311l�iki E�t!1llll ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. I ■ Attach this card to the back of the mailplece, or on the front if space permits. Article Addressed to: Mr. Blan Bottomley Glade.Creek Dairy Farm 5071 Glade Valley Road Bnnice, NC 28623 A. by ( D. Is delivery address. different fro If YES, eater delivery address ❑ Agent Deliv ery 7 G- 0 I C] Yes ❑ No 3. Seclka Type 19 Certified Mall ❑ Express Mail ❑ Registered ❑ Ratum Receipt for Merdrandise o insured Mall ❑ C.O.D. 4. Restricted Delivery? (EX" Fee) ❑ Yes 2'-...Jr`- ' oo5;,257D 101101,N673 _6517 PS Form 3811. February 2004 Domestic Return Receipt //� ®�^� /? 14P. 102595-024A-154c 632,5 FIRST COMMUNITY BANK, N.A. :Glade Creek',palry d Spaita."roc 2e65115 - ),,'--Tracy 0A S1an Rollomiey h 89 129/515 +:• 6774 Glade Valley Road. Ennics;-.NC 28623 �+ 336 657, 8347 ' PAY TO THE ri'ORDER OF .L'U kaa.,, , wN���ryryrs,s�j�yy `r5 L , mar- �' One ►�jytn e:Yjt�n �:�6' �yut DQLLARS_UR 8 7 7N, 'u i aF�j ♦rbz�� F 'rAt'S` r.SR" f'J,1� yyr�.''w+i��">lA L �� +'r �'1._ mo \� `Sf 0 :Y° �W 'U�iVin:•tl�i6iG "�8"' �-01''I r� '�h C i NP 000632SI'm 40515012991.' ' 96 3i?9 20 • State of North Carolina Dement of Environment and Natural Reso rces Division of Water Quality Animal Waste Management Systems Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit On September 30, 2009, the North Carolina State Non -Discharge General Permits for Animal Waste Management Systems will expire. As required by these permits, facilities that have been issued Certificates of Coverage to operate under these State Non - Discharge General Permits must apply for renewal at least 180 days prior to their expiration date. Therefore, all applications must be received by the Division of Water Quality by no later than September 3, 2009, Please do not leave any question unanswered. Please make any necessary corrections to the data helow. 1. Facility Number: 30002 and Certificate of Coverage Number: AWC030002 2. Facility Name: Glade Creek Dairy Farm 3. Landowner's name (same as on the Waste Management Plan): William Blan Bottomley 4. Landowner's Mailing address: 6774 Glade Valley Rd City/State: Ennic_e, NC Zip: 28623 �3G 665-7_8347 J Telephone Number (include area code):-�9'E-mail: 'J Q CCU 5. Facility's physical address: St. �.e e;s Q6wc2 City/State: 6. County where facility is located: Alleehan; 7. Farm Manager's name (If different than the Landowner): Trace Bottomlev 8. Farm Manager's telephone number (include area code): 3366578555 9. Integrator's name (if there is not an integrator write "None"): 10. Lessee's name (if there is not a lessee write "None"): IL Indicate animal operation type and number: Zip: Swine Cattle Dry Poultry Wean to Finish Dairy Calf Non Laying Chickens Wean to Feeder Dairy Heifer Laying Chickens Farrow to Finish Milk Cow 40U Turkeys Feeder to Finish Dry Cow Other Farrow to Wean Beef Stocker Calf Pullets Farrow to Feeder Beef Feeder Turkey Poults Boar/Stud Beef Brood Cow Gilts Other Other N3'et Poultry Horses - Horses Sheep- Sheep Non Laying Pullets Horses - Other Sheep - Other Layers t;nu;st RF.NFAVAi,-STATE GENERAL 08/09 Submit two (2) copies of the most recent Waste Utilization Plan for this facility with this application. The Waste Utilization Plan must be signed by the owner and a technical specialist. If a copy of the facility's most recent Certified Animal Waste Nlanagement_Plan (CAWN'IP) has not previousi been submitted to the NC Division of Water uality_two 2) copies of the CAWMP must also be submitted as part of this application. I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that, if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143- 215.6B, any person who knowingly makes any false statement, representation, or certification in any application may be subject to civil penalties up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment of not more than 5 years, or both for a similar offense.) Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sign. If Landowner is a corporation; signature should be by a principal executive officer of the corporation): N Si Name: Signature: Signature: Title: Date: =d_ 97 Title: Date: Title: Date: THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS: NCDENR — DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 Fax Number: (919) 715-6048 FORM RENEWAL -STATE GENERAL 08109 w to NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins RECEIVED Governor Director N.C. flept of ENR AUG 0 4 20 July 31, 2009 wirlstonsalom Regional Office William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Rd Ennice, NC 28623 Subject: Application for Renewal of Coverage for Expiring State General Permit Dear Permittee: Dee Freeman Secretary This is a follow-up to our March 3, 2009 letter requesting an application from your facility for the continued coverage under one of the Animal Waste Operation State Non -Discharge General Permits. Current General Permits expire on September 30, 2009. Copies of the new General Permits are available at http://h2o.enr.state.ne.uslaps/afou/applications.htm or by writing or calling: NCDENR — DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 In order to assure your continued coverage under the State Non -Discharge General Permits, you must submit an application for permit coverage to the Division. Enclosed you will land a `Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit.' The application form must be completed and retumed by September_3, 2009_ Please note you must include two (2) copies of your most recent Waste Utilization Plan with the application form. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Unit staff at 919-733-3221. Sincerely, Ted L. Bush, Jr., Chief Aquifer Protection Section Enclosures cc (w/o enclosures): Alleghany County Soil and Water Conservation District Winston-Salem Regional Office, Aquifer Protection Section AFO Unit Central Files - 30002 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 One Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 North Carolina Phone: 919-733-3221 1 FAX 1: 919-715-0588: FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 J� ]��1��� //� Internet, www.ncwatergN/ V , uality.oM K l An Equal Opportunity t Affi mat[ve Action Employer NOWS Agronomic Division Phone: (919)733-2655 Web Site: www.ncagr.com/agronomi/ Report: W02477 ' Grower: Bottomley, Tracy c/o Glade Creek Dairy Cojiies To: Rosebrock, Melissa WasteAnaiysisReport 6774t Glade Valley Rd Enice, NC 28623 Rosebrock, Melissa Farm: AWC0300 G/ONC Dept. Env. & Nat. Resources 585 Waugh(own SC 10/11/2007 Alleghany County Winston Salem, NC 27107 Sample Information Laboratory Results (parts per million unless otherwise noted) Sample 19: IV P K Ca Mg S Fe Mn /,n C11 H IVlo C1 C 81906W lWal 3403 476 1687 1806 689 261 285 22.4 20.2 8.6o 1.38 IN-N Waste Code: -N114 LSD -NO3 Na Ni Cd Pb Al Se Li p11 SS ON Dm% CC1190 ali(Kgal) Description: OR-N 620 6.42 Dairy Litt. Shir ' Urea Recommendations: Nutrients Available for First Crop lbs/1000 gallons Other Elements lbs/1000 allons Applicalion Nletbod N P-203 K20 Ca Mg S Fe Alit 7n Cu B Alo CI Na Ni Cd Pb Al Se Li Broadatst 12.2 6.4 H-5 10.5 4.0 1.5 1.7 0.13 0.13 0.06 o.oi 5.2 The waste contains a I;trge stniouni of nitrogen. To protect the environment, he careful to apply the waste only at rates needed to meet crop nitrogen requirement. The w;tste product contains a large amount of sodium. This element can accumulate in soils where it replaces calcium and contributes to excess soluble salts. Sodium may also damage the foliage of sensitive plants where the waste is a li(Illid:111dapplied in overhead irri alion systems, Monitor sodium accumulation in the soil where the waste is r0litinely applied. Sample Information Laboratory Results (parts per nullion unless otherwise noted) Sample ID: W� N P R Ca Mg S Fe Mn 711 Cu B Mo C1 C 81507B 7o1al 2134 373 983 992 467 147 70.8 10.5 11.1 3.34 1.39 ._ . , IN-N Waste Code: -N114 LSD -1V0.3 Nc1 Ni Cd Pb Al Se Li /tit S,S C:N DAM (11610/ ALF.(Kgal) Description: OR -A. 376 7 Dain' Liq . Sturm• I I've) Recommendations: Nutrients Available for First Crop Ibs/1000 allons Other Elements lbs/1000 gallons rtpplication Alelbod ,1' P203 1+a0 Ca lug S Fe Afn Z11 Gic H Alo CI Na Ni Cd Pb Al Se Li Broadcast 7.7 5.0 7.9 5.8 2.7 0.86 0.41 0.06 0.07 0.02 0.01 3.1 The waste contains a large amount of nitrogen. To protect the environment, be careful to apply the waste only at rates needed to meet crop nitrogen requirement. nECi=1 N.C. Dept of FNR I OCT 12 2007 Winston-Salem Regional Office 09/25/2007 10:29 919-7_ 6048 DWQ NON DISJWGE BR PAGE 01/02 State of North Carolina OF W A r�9 Department of Environment 0 pG and Natural Resources Division of Water Quality >_ y Michael F. Easley, Governor William G, Ross Jr., Secretary Alan W. Klimek P.E., Director Division of Water Quality Aquifer Protection Section Location: 2728 Capitol Blvd. Raleigh, NC 27604 Mailing Address: 1636 Mail -Service Center Raleigh, N.C. 27699-1636 FAX: (919) 715-0588 (919) 715-6048 Date: % 2 0 7 .30 FROM: �R JOS6,1 PHONE: 7�5 ' G 9 4' NO. OF PAGES INCLUDING THIS SHEET: �. bl e-kssa, / HI's oHC_ /s otic Ole � �i /f �a n !.� � A v a G! � G✓ �� �' Cif �� leis. L�./� . If you receive this fax by mistake call: Aquifer Protection. Section @ 919-733-3221 09/25/2007 10:29 919-715-6048 DWQ NON DIRGE BR 10-13-`06 17:57 FROM* 3367714633 336?714633 PAGE 02/02 T-040 P005/026 F-064 6. SURFACE"WA T ASSF'FiCAT t This form mu9t be completed by the appropriate DWQ regional ofi]ce and included as a part of lbe. project submittal information. INSTRUCTIONS TO NC PROFESSIONALS: The classificatien of the downslope surface waters (the surface waters that any overflow from the facility would flow toward) in which this animal waste management system will be operated must be determined by the appropriate DWQ regional office. Therefore, you are required, prior to submittal of the application package, to submit this form, with items 1 through 6 completed, to the appropriate Division of Water Quality Regional Aquifer Protection Supervisor. (see page 6 of 10). At a minimum, you must include an 8.5" by l l" copy of the portion of a 7.5 minute USGS Tolipgsaphic Map whieb shows the location of this animal waste application system and the'downslope surface waters in which they will be located. Identify the closest downslope surface waters an the attached map copy, Once the regional ofllce has completed the classlllcatioo, reincorporate this completed page and the topographic map into the compkte application foray and submit the applleatlon package. 6.1 Pann Name: Llgdk eMek 4141) 47 6.2 Name & complete address of engineering firrn:—A u r% . E-, P- ftepriu Co. 15,1 N• Ih'kr.;n S Telephone number: (33 to )27 $q - (cial vvN+, t4-. r, !,L -70 3 O 6.3 Name of closest downslope surface waters: 6A County(ics) where the animal waste management system and surface waters are located41 6.5 Map name and date: 6.6 NC Professional's Seal (if appropriate), Signature, and Date: Spec,- 1 TO: REGIONAL AQUIFER PROTECTION SUPERVISOR Please provide me with the classification of the watershed where this animal waste managment facility will be or has been constructed or field located, as identified on the attached map segment(s): Name of surface waters: Classification (as established by the Envirotmenta) Management Commission): Proposed Classification, if applicable; Signature of regional office personnel: Date: (All attachments must be signed) 'rJ I yj� p�� rnt.h FORM: AWO-STATE-C-N/E 11/10/06 Page 4 of 5 6. SURFACE WATER CLASSIFICATION: This form must be completed by the appropriate DWQ regional office and included as a part of the project submittal information. INSTRUCTIONS TO NC PROFESSIONALS: The classification of the downslope surface waters (the surface waters that any overflow from the facility would flow toward) in which this animal waste management system will be operated must be determined by the appropriate DWQ regional office. Therefore, you are required, prior to submittal of the application package, to submit this form, with items 1 through 6 completed, to the appropriate Division of Water Quality Regional Aquifer Protection Supervisor (see page 6 of 10). At a minimum, you must include an 8.5" by I I " copy of the portion of a 7.5 minute USGS Topographic Map which shows the location of this animal waste application system and the downslope surface waters in which they will be located. identify the closest downslope surface waters on the attached map copy. Once the regional office has completed the classification, reincorporate this completed page and the topographic map into the complete application form and submit the application package. 6.1 Farm Name: Glade Creek Dairy 6.2 Name & complete address of engineering firm: Bunn Engineering Co., 152 North Main Street, Mt. Airy, NC, 27030 Telephone number: (336 ) 789 - 6610 6.3 Name of closest downslope surface waters: UT to Big Pine Creek 6.4 County(ies) where the animal waste management system and surface waters are located:AlleghanY 6.5 Map name and date: Cumberland Knob NC -VA 1965 Photorevised 1977 6.6 NC Professional's Seal (If appropriate), Signature, and Date: TO: REGIONAL AQUIFER PROTECTION SUPERVISOR Please provide me with the classification of the watershed where this animal waste management facility will be or has been constructed or field located, as identified on the attached map segment(s): Name of surface waters: UT to Big Pine Creek Classification (as established by the Environmental Management Commission): Class C, Trout Proposed classification, if applicable: Not A licable - (1Signature of regional office personn4.;---p4e: September 27 2007 (All attachments must be signed) �f `Sstl --...v �lJ� iCiBilns'� +iil la�� J 111 i +',` --� ��1,1 :�'� �.�J� } \'f - ra , .`' -/ •" ` ' �' fry; } 1�%/� �•\".1i� '�_° - t.�. ��, ':11( r I 'a �\ jJ ��_•� \� _�;��J J..'I{v�. ! �l'f l�f* �` a�.� ti`l%�/L-�/ /r' _--_\ .% -`t '�� -�r �• � `�^•� � �t�`0°° ' "� 1,1"r/�� ���f��`--`:.� ..Barret` )�\/,- '�"'� '�a"''_. ��`n _�� ;�iY�� I��fs�1 2q� as— ~ j" '�$r�! ,-A �� r�� -�-'sj �.ttif�� •}���1`'r��_ `�-f�. \�'��•AZ/`f �,�^ _- ).Ce1-/~C��� �v-��ti �! /T,elt. J'(/�/(r ' � ' /� ( � �,• pry S� - � `�� rJd t i ✓ e^ �,� � fr."l ' ' ly�, \ � - L �� + [ i.^ ii � ' " � r :�,7 � � ��y. 'l I �, l . �.../- { 4� �\Jj • • ti - `'I:•iq-/!- I t 1 ! J r ,.yam>� .f i, -i IKI 1 I. ��i 7i / �� ,�1 �• �� �-I`�,`;i �� � \\ /I a,'�� ,1 ����� `� I / t�• ; �' ~� �' fi} 2� I�j.- 1 `( 'c %Cr�o � `/'1��=`C..�� .xf +`'�� .'� - ���� - _o�* `����-" i `•�: f i� 1/ ti - �,� `�a\t i r l�f' t����}4-��'��f %F � �� j �, i � � _ � !!/ � ,, C�u5t1w„�YT� �\ � • �. t���fi�'': ./�� 8�4� /� � - -� t � fi`�-s ,- h-" `\� =e144� - a— _ �. cna. �r.°► des.• [ + �I ;�� ��l' i I•' IQ ra- j, 1 r l ��Cr 1 �� --J � �/,ti',G� ��Lf •\1� 11 a��-���,�e. 1 1 _ 1 e_qf If Q- - -' N > -��. - c Copyright (C) 1998, Maptech, InC. I - aU30 -o-)sP_o 9 la?0 NC DENR - DIVISON OF WATER QUOY 2B .0300 .0307 NEW RIVER BASIN Class Name of Stream Description Class Date Index No. Cheek Branch From source to Little River C;Tr 05/15/63 10-9-3 waterfalls Creek From source to Little River C;Tr 05/15/63 10-9-4 Pine Swamp Creek From source to Little River C;Tr 05/15/63 10-9-5 No Head Branch From source to Pine Swamp C;Tr 05/15/63 10-9-5-1 Creek Little River From Dam at Sparta Lake to N.C. Hwy. 18 Bridge Bledsoe Creek From source to Little River Vile Creek From source to Little River Glade Creek From source to Little River Wolf Branch From source to Glade Creek Brush Creek From source to Little River Haynes Branch From source to Brush Creek Laurel Branch (Laurel Creek) From source to Brush Creek Little Glade Creek From source to Brush Creek Little Glade Millpond Entire pond and connecting stream to Little Glade Creek Rock Branch Big Pine Creek (Crab Creek) Little Pine Creek Moccasin Creek Little River (North Carolina Portion) Crab Creek West Fork Chestnut Creek From source to Little Glade Creek From source to Brush Creek From source to Brush Creek From source to Little River From N.C. Hwy. 18 Bridge to North Carolina -Virginia State Line C 05/15/63 10-9-(6) C;Tr 07/01/73 10-9-7 C 05/15/63 10-9-8 C;Tr 05/15/63 10-9-9 C;Tr 05/15/63 10-9-9-1 C;Tr 05/15/63 10-9-10 C;Tr 05/15/63 10-9-10-1 C;Tr 05/15/63 10-9-10-2 C;Tr 05/15/63 10-9-10-3 C;Tr 05/15/63 10-9-10-3-1 C;Tr 05/15/63 10-9-10-3-2 C;Tr 05/15/63 10-9-10-4 C;Tr 05/15/63 10-9-10-5 C 05/15/63 10-9-11 C;HQW 08/01/90 10-9-(11.5) From source to Little River C;Tr From source to North C Carolina -Virginia State Line (Tributary to Chestnut Creek) 05/15/63 10-9-12 05/15/63 10-10-1 + This sol identifies waters that are subject to a special management strategy specified in 15A NCAC 2B .02 5 the Outstanding Resource Waters (ORW) rule, in order to protect downstream waters designated as ORW. Note: "CA" means critical area. _lul . �) �.�.az� Jam- LOsR 6 Ild7/o 7 ii r. Re: Glade Creek Dairy Subject: Re: Glade Creek Dairy From: "J. R. Joshi" <jaya.joshi@ncmail.net> Date: Thu, 10 May 2007 13:50:18 -0400 To: Melissa.Rosebrock@NCmail.net Thanks. I will follow up on this one.... Melissa Rosebrock wrote: JR, Yes, this was an expansion to 400 dairy cattle with 100% confinement. The waste plan is dated 10/16/06. I sent Tracey Sottomley the application form and that's the last I've heard. You may want to confirm whether the dry cows are on pasture or included in the 400 dairy. Also, whether the heifers are on pasture or confined. Tf confined, the permit would need to specify how many. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Aquifer Protection Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5289 FAX: (336) 771-4630 on 5/10/2007 11:26 AM, J. R. Joshi wrote: Melissa, I have an application her for the Glade Creek Dairy in Alleghany county (Facility No 03-02) that I alive lost track of (as to what I was oiling with it). It came in as an expansion (400 dairy vs 300 dairy+114 heifers). I think they wanted to replace heifers with milk cows? For some reason, this package seems to have gotten at the bottom of my pile. Do you remember anything about this one. Apparently, the owners have not been asking about it. I wanted to check with you before I follow up with them. Thanks. J. R. Joshi North Carolina Division of Water Quality Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone: (919) 715-6698 Fax: (919) 715-0588 Email: jaya.joshi@ncmail.r_et Sia007 �ewt.t� 5/10/2007 3:01 1 1 Michael F. Easley, Governor AGA NCDENR North Carolina Department of Environment and Natural Resources FAX TRANSMITTAL Winston-Salem Regional Office Telephone: (336) 771-5000 Date: 0 1D1 (310IP No. of Pages (including this page) _YV.bra-C i� From: 11 ' I 1 ss0� PO se �Q d"dC� FAX No. _ 3 3 to - 6 an Telephone No. 33 (0 RE: Aabhca'- Toff ;r CxoowS�Ior) William G. Ross Jr., Secretary ' FAX: (336) 771-4631 -Comments: �MPPP_ 4 iq `-) Winston-Salem Regional Office, 585 Wacghtown Street, Winston-Salem, NC Z7107-2241 Phone: 336-771-50001 AX:336-771-463 An Equal Ooponunity 1 Afirmaiive Action, Emoioye.' — 50116 Recvcled `, 10`"P Past Consumer Pape,- • State of North Carolina is Department of Environment and Natural Resources Division of Water Quality Animal Feeding Operations Permit Application Form (THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL) State General Permit — New or Expanding Animal Waste Operations 1. GENERAL INFORMATION: 1.1 Facility name: 1.2 Print Land Owner's name: 1.3 Mailing address: City, State: Zip: Telephone number (include area code): ( ) - 1.4 Physical address: City, State: Zip: Telephone number (include area code): ( ) - 1.5 County where facility is located: 1.6 Facility location (directions from nearest major highway, using SR numbers for state roads): 1.7 Farm Manager's name (if different from Land Owner): 1.8 Lessee's / Integrator's name (if applicable; circle which type is listed): 1.9 Facility's original start-up date: Date(s) of facility expansion(s) (if applicable): 2. OPERATION INFORMATION: 2.1 Facility number: 2.2 Operation Description: Please enter the Design Capacity of the system. The "No. of Animals" should be the maximum number for which the waste management structures were designed. Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals ❑ Wean to Feeder ❑ Layer ❑ Beef Brood Cow ❑ Feeder to Finish ❑ Non -Layer ❑ Beef Feeder ❑ Farrow to Wean (#`sow) ❑ Turkey ❑ Beef Stocker Calf ❑ Farrow to Feeder (# sow) ❑ Turkey Poults ❑ Dairy Calf ❑ Farrow to Finish (# sow) ❑ Dairy Heifer ❑ Wean to Finish (# sow) ❑ Dry Cow ❑ Gilts ❑ Milk Cow ❑ Boar/Stud ❑ Other Type of Livestock on the farm: No. of Animals: FORM: AWO-STATE-G-N/E 1/10/06 Page 1 of 5 • 1-1 2.3 Acreage cleared and available for application (excluding all required buffers and areas not coveredby the application system): Required Acreage (as listed in the CAWMP): 2.4 Number of lagoons: Total Capacity (cubic feet): Required Capacity (cubic feet): Number of Storage Ponds: Total Capacity (cubic feet): Required Capacity (cubic feet): 2.5 Are subsurface drains present within 100' of any of the application fields? YES or NO (circle one) 2.6 Are subsurface drains present in the vicinity or under the waste management system? YES or NO (circle one) 2.7 Does this facility meet all applicable siting requirements? YES or NO (circle one) 3. REQUIRED ITEMS CHECKLIST: Please indicate that you have included the following required items by signing your initials in the space provided next to each item. Applicants Initials 3.1 One completed and signed original and two copies of the application for State General Permit - Animal Waste Operations; 3.2 Three copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied and a county road map with the location of the facility indicated; 3.3 Three copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a permit application for animal waste operations. The CAWMP must include the following components. Some of these components may not have been required at the time the facility was certified but should be added to the CAWMP for permitting purposes: 3.3.1 NRCS Site Evaluation Form NC-CPA-17 or equivalent 3.3.2 A hazard classification of the proposed lagoons, if required 3.3.3 Documentation that proposed swine facilities meet the Swine Farm Siting Act, including a site map prepared by a Registered Land Surveyor. The scale of this map shall not exceed 1 inch = 400 feet. At a minimum, the site map shall show the distance from the proposed houses and lagoons to occupied residences within 1500 feet, schools, hospitals, churches, outdoor recreational facilities, national parks, state parks, historic properties, or child care centers within 2500 feet, property boundaries within 500 feet, water supply wells within 500 feet. The map shall also show the location of any property boundaries and perennial streams or rivers located within 75 feet of waste application areas. 3.3.4 Documentation showing that all adjoining property owners, all property owners who own property located across a public road, street, or highway from the facility, the local health department, and the county manager or chair of the county board of commissioners if there is no county manages have been notified by certified mail of your intent to construct or expand a swine farm at this location. 3.3.5 A wetlands determination 3.3.6 The lagoon/storage,facility design 3.3.7 Proposed runoff control measures, if required 3.3.8 Irrigation or other land application method design 3.3.9 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility 3.3.10 The soil series present on every waste disposal field 3.3.1 l The crops grown on every waste disposal field 3.3.12 The Realistic Yield Expectation (RYE) for every crop shown in the WUP 3.3.13 The PAN applied to every waste disposal field 3.3.14 The waste application windows for every crop utilized in the WUP 3.3.15 The required NRCS Standard specifications FORM: AWO-STATE-G-N/E 1/10/06 Page 2 of 5 3.3.16 Emergency Action Plan 3.3.17 Insect Control Checklist with options noted 3.3.18 Odor Control Checklist with options noted 3.3.19 Mortality Control Checklist with options noted 3.3.20 Documentation proving this facility is exempt from the Mcritoria on Construction or Expansion of Swine Farms, if the application is for a swine facility 3.3.21 A map showing the topography of the proposed facility location showing features that affect facility design, the dimensions and elevations of any existirg facilities, the fields used for waste application, and areas where surface runoff is to be controlled If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. (Composting, waste transfers, etc.) 4. APPLICANT'S CERTIFICATION: (Land Owner's name listed in question 1.2), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information and attachments we not included, this application package will be returned to me as incomplete. Signature Date 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this applietion package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY AQUIFER PROTECTION SECTION ANIMAL FEEDING OPERATIONS UNIT 1636 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1636 TELEPHONE NUMBER: (919) 733-3221 FAX NUMBER: (919) 715-6048 FORM: AWO-STATE-G-NIE 1/10/06 Page 3 of 5 I -1 L_J DIVISION OF WATER QUALITY REGIONAL OFFICES (9/05) Asheville Regional APS Supervisor 2090 U.S. Highway 70 Swannanoa, NC 28778 (828) 2964500 Fax (828) 299-7043 Avery Macon Buncombe Madison Burke McDowell Caldwell Mitchell Cherokee Polk Clay Rutherford Graham Swain Haywood Transylvania Henderson Yancey Jackson Fayetteville Regional APS Supervisor 225 Green Street, Suite 714 Fayetteville, NC 28301-5094 (910)486-1541 Fax (910) 486-0707 Anson Moore Bladen Richmond Cumberland Robeson Harnett Sampson Hoke Scotland Montgomery Winston-Salem Regional APS Supervisor 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-5000 Fax (336) 771-4631 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford Washington Regional APS Supervisor 943 Washington Square Mall Washington, NC 27889 (252)946-6481 Fax (252) 975-3716 Beaufort Jones Bertie Lenoir Camden Martin Chowan Pamlico Craven Pasquotank Currituck Perquimans Dare Pitt Gates Tyrell Greene Washington Hertford Wayne Hyde Mooresville Regional APS Supervisor 610 East Center Avenue Mooresville, NC 28115 (704) 663-1699 Fax (704) 663-6040 Alexander Lincoln Cabarrus Mecklenburg Catawba Rowan Cleveland Stanly Gaston Union Iredell Raleigh Regional APS Supervisor 1628 Mail Service Center Raleigh, NC 27699-1628 (919) 791-4200 Fax (919) 571-4718 Chatham Nash Durham Northampton Edgecombe Orange Franklin Person Granville Vance Halifax Wake Johnston Warren Lee Wilson Wilmington Region APS Supervisor 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910)796-7215 Fax (910) 350-2004 Brunswick New Hanover Carteret Onslow Columbus Pender Duplin FORM: AWO-STATE-G-NIE 1/10/06 Page 5 of 5 \NA of rE9 `off o� Mr. Trace Bonomlev Glade Creek Dairy Farm 5071 Glade Valle), Road Ennice. NC 28623 SUBJECT: Dairy Expansion Glade Creel: Dairy Farm, 403-02 Aileghany Count)r Dear Tram•, Michael F. FwJcv. Governor William G. Ross ]r.. Smztin' North Carolina Depart rxn: of Envirmment and Ntmasl Resource August 4, 2006 Alan W. Klimek-- P.E. Dim= Division of Watcr Qua)itN This lener is to follow-up on our earlier phone conversation this week. l especially wanted to provide you with some forms and information to review as you plan for the expansion of the existing dairy, including construction of a new waste storage pond. Please review the follax•ing parts of your current animal %Haste management permit carefully. These items in the permit specifically apply to the new waste pond and subsequent waste plan revision: • Section 193. #4 and 43 (2nd paragraph) • Section H 425 • Section 11, paragraph) • Section V1 41 17ve enclosed a cope of the most recent version of NRCS Standard 313. "Waste Storage Structure." Because Glade Creek Dairy is covered by a State, animal waste permit., any new waste ponds that arc constructed must meet current NRCS standards. If you have questions about the standard itself David Clay or Linda Hash could provide the best assistance. Also. please look over the attached application and certification forms. These must be completed and submitwo: along with the new waste plan. design, etc. Please let me know- if you have any questions or need additional assistance. Sincerely. r Mciissa ROsebro..1: Environmental Specialist c-: DWC,-A;limal `recdisr, Cmi! anon: PCT.Minllia and Cotnniianc. unit Alit,ilanv Coulav NRCSISWCD David Ciao - Wilkes Counn• NR4::S!SWCD WSRO aciliw rues �entrsl :� iies No hCarolm Divistmi o; \\•atcr Oualiiv t tumii;r Protection Section. (,Uslflmtr Servic; �': tau• hto��r. 5trec . 1� �nstns 4aien� 2710, 1-97i-671-67U l'hsmc. 61 71-rot);, L:. '336) 77J-a6 2 In=.erne.. n: n ..... ,::ti: i._.z! RE: [Fwd: Bottomley Dairy Farm] 9 9 Subject: RE: [Fwd: Bottomley Dairy Farm] From: "Hash, Linda - Sparta, NC" <Linda.Hash@nc.nacdnet.net> Date: Tue, 1 Aug 2006 08:11:41 -0500 To: <Melissa,Rosebrock@ncmail.net> CC: "Wagoner, Gregory - Wilkesboro, NC" <Greg. Wagoner@nc. usda.gov>, "Tucker, David - Jefferson, NC" <David. Tucker@nc. usda. gov> Melissa, We have talked with Tracy. David Clay and our NRCS staff (David Tucker and Greg Wagoner) went out and looked at a sight for a new WSP. It is my understanding that the Bottomley's are talking with a private engineer about designing a new WSP to handle their expansion. (David/Greg, do you want to expand?). Linda From: Melissa Rosebrock[mailto:Melissa. Rosebrock@ncmail.net] Sent: Monday, July 31, 2006 3:04 PM To: Hash, Linda - Sparta, NC Subject: [Fwd: Bottomley Dairy Farm] Hey Linda, Just wanted to confirm that you were aware of their plans to expand the WSP? -------- Original Message-------- Subject:Bottomley Dairy Farm Date:Mon, 31 Jul 2006 11:10:44 -0400 From:Lee VanHoy <lee.vanhoy@ncmai1.net> To: Melissa. RosebrockgNCmail.net, Kay Sigmon <kay.sigmon(a.ncma:i � <lee.vanhoy(a),ncmail.net> - Melissa, Blan and Tracy Bc barn and to expand their E currently working with Soil the waste retention pond e for 400 cows January 1, 20l when I met with him last wi Melissa Rosebrock NC DENR Winston-Salem Regio: Division of Water Quality, 1 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5289 FAX: (336) 771-4630 f�ac�botiornO Pam @SKybeSfo Co M loft 8/2/2006 12:48 PM Re: Delete case from Enf. Tracking i r Subject: Re: Delete case from Enf. Tracking From: Lou Polletta <Lou.Polletta@ncmail.net> Date: Tue, 10 Feb 2004 11:13:42 -0500 To: Steve Lewis <steve.lewis@ncmai1.net> CC: Melissa Rosebrock <Melissa.Rosebrock@ncmai1.net> Deleted from filemaker. Lou Steve Lewis wrote: Hey, Lou - Evidently, I forgot to forward this to you back in Sept. Can you delete this one (PC 03-028) from Enforcement Tracking when you get a chance, please? Thanks. -------- Original Message-------- Subject:Blan Bottomley #03-02 Alleghany Co. Date:Tue, 16 Sep 2003 16:20:58 -0400 From:Melissa Rosebrock <Melissa.Rosebrock@)ncmail.net> Organization:NC DENR - Division of Water Quality, Water Quality Section To:Steve Lewis <Steve.Lewispncmail.net> CC:Steve Mauney <Steve.Mauney a,ncmail.net> Steve L., per your direction, this email is to request that PC 03-028 be removed from the Enforcement Tracking System. The reasons for this request are based on the "New Enforcement Policy Guideleines" from Keith dated 8/6/03. The facility has already received an NOV for failure the notify, which will stand. Please advise if you need any other information. Thanks. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 of 1 2/13/2004 l 1:22 AM F 1N1AMichael F. Easley, Governor 9 William G. Ross Jr., Secretary `Oil ` OG North Carolipartment of Environment and Naturat Resources UJ Alan W. Klimek, P-E. Director >_ Division of Water Quality CERTIFIED MAIL 7001 2510 0001 4778 5574 August 1], 2003 RETURN RECEIPT REQUESTED Mr. Blan Bottomley 5071 Glade Valley Road Ennice, NC 28623 SUBJECT: Notice of Violation/Notice of Intent to Enforce Compliance Inspection Glade Creek Dairy Farm, #03-02 Alleghany County Dear Mr. Bottomley: On July 9, 2003 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office (DWQ-WSRO) performed a compliance inspection at your dairy farm in Alleghany County. While most animal waste operations and recordkeeping continue to be improved, there are other concerns that require your immediate attention. Specifically, Ms. Rosebrock noted that on -site records document that there were freeboard violations in October 2002 and June 2003. Per the cattle waste permit, you are to contact the DWQ-WSRO anytime there is an inadequate waste storage volume. The WSRO did not receive notification that the waste level in the storage pond had exceeded the maximum liquid level. Failure to notify DWQ of inadequate freeboard is a violation of your cattle waste permit. A review of your onsite records also indicates that a soil analysis was not obtained for those fields receiving animal waste in 2002. Failure to have complete records is a violation of North ,Carolina General Statute 143-215.10C and your Animal Waste Management Permit. A reminder- a representative Standard Soil and Fertility Analysis, including, pH, copper, and zinc, needs to be obtained for those fields receiving animal waste during 2003 as well. Per your cattle waste permit, the results of these soil tests are to be maintained for at least three years. DWQ staff also observed that sediment and manure had washed off the concrete lot (outside the freestall barn) and had entered a ditch that runs downhill to waters of the State. While there was no discharge of animal waste into waters of the State on the date of the inspection, the potential certainly exists, particularly during rain events. You may wish to contact the Alleghany NRCS/SWCD or your technical specialist for suggestions or technical assistance. Corrective measures will be checked during your next operational review or compliance inspection. A review of the on -site waste records indicates that animal waste was applied to pumpkins this year. This is a violation of the CAWMP since "pumpkins" is not listed as a receiving crop in the CAWMP (Certified Animal Waste Management Plan). Additionally, "rye" is listed as a receiving crop for Tract-1342 Field-1 in the CAWMP while the waste records indicate that waste was applied to alfalfa hay. You should contact your technical specialist to have the CAWMP revised if possible. Failure to abide by the CAWMP is a violation of your cattle waste permit. N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-4600 Customer Service 1 800 623-7748 1 Glade Creek Dairy Farm August 11, 2003 Page 2 The WSRO is considering an enforcement action against you for the above referenced violations. If you have justification that these violations were caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. The WSRO will review your response and forward it to the Water Quality Section Chief with the enforcement package. In the absence of any justification, the Regional Office will recommend that an enforcement action be taken. Be advised that North Carolina General Statutes now provide for penalties of up. to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. Please address your response to my attention at the address shown on the letterhead. If you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, Steve Mauney Acting Water Quality Supervisor cc: DWQ-Non Discharge Compliance and Enforcement Unit Alleghany County NRCS/SWCD .Marlene Salyer-SWCD MRO Rocky Durham-SWCD MRO WSRO Facility Files 'Central Files s tti `n 0���ICc AI- ca Postage $ 17- Certified Fee T Return Receipt Fee En(Endorsement Required) O Restricted Delivery Fee M (Endorsement Required) wo tf\K Postmark Here C3 Total Postage & Fees 1 $ J r-1 t17 I Sent To r7u Str -- eet, AP1. No.;--------�� � /e�t�-------------------- L� or PO Box No. -------------------------------------------------------------------------- O Giy, State, T1P+4 PS Farm :rr .12001. I J UNrrED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender. Please print your name, addFoss, and ZIP+4 in this box • NCDENR - Division of Water Qu y Water Quality Section — M 1\ AUG 14 2003 595 Waughtown Street, Winston-Salem NC 27107-2241 Winston-Salem .... RegionalOfflcO ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to. �\c 8 to N 'eC)tiot� le/ 5�arl (CLA,-, aH Qd A. SigFUr X Agent B. eceived b Pd Na-me�' ( C. to of Delivery A' u `- � t i—Uj- D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise © Insured Mail ❑ C.O.D. 4. Restricted Delivery? {Extra Fee) ❑ yes 7001 0510 0001 4778 5574 Nov � IS Form 3811, August 2001 Domestic Return Receipt 2ACPRI.03-Z-0985 s� Pi3iy.M .5 . 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Traser Fir_makcs a durable, very - -- clre.brvicght; zx fi•oczi t6e fzeld to''be } aromatic garland .to last peroclucec!-to the ticzze it is sl�zpp�d otct throughout chc: holiday season: ;PrpPer;_care ccncl hang lc2g zs c1-cticccl to -Amilcclile t+a=211',.:2� ; 30 uiacl 7j'-F - r - i�zcality asszh-a ice 1 lenhs. _ - - ;- - — Our garland is so durable thou need never worry about decorating outside your home. What a wonderful way to say to your neighborhood, "Happy Holidays," with your house draped with beautiful, flowing garland. � . - ,� - - r• , ai - 7f _ �„� rfY �.��-r _. � .k' a!*��f a. .� f 'r'+�'`f' �'� �� � - r jam_77 ,veK j �3 �j� _ ` •a �� L - �f -; `~�..� '�•`i'�yw�. r'3���`' �`i+1i,.��♦ � "���'-��''�"�t �r e+•, - .s� ��J, k f rv' �'_^-4 ��S �1 rw ��ti. ` ••�,, �w�s �`F� -0'ef Y +�lv1F 'R.�+a�' �ivo-��+wti•3•+T�„� 3 y �o-'�•`.� �"'� r ? 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LJ'.7y_�' t +- ' i. •�'[`f T :�+F- �� -iY'{� 4 � � �"PIE, "a �E •sw� .a 7 "� �• ' - r r ff �' "' �rdE ��� ice' `; 1r >-y'• +. , r,.�.. 1 3 -—�...rt Y•`� - • r __ _ '..�'c4 i ' . i i kr• W .E. 4 ! �.��i+ .( r � �`i yi. e � - - r'sf^.k,_ `� �', ; _� -i •i.. _..'r ,~ c"- - '- i? � '.�! t.�y t 1 PjIT s a nr, .�-�µf��� �w• s'.�c � �` �:r�%}��,� i� ���,...� {#��ievxt� ` r - � �`� - �• �`� �'a.' ?� `���,�� p�r"� � �} - _ _ •'-� T d� , , ,.7: �;.3 S rat- •J� k r, Z �S'is 1i %.. 4- ,•1�- �,��" � � �S { .�r l��a - �.:� -fir- __ _ /..� _ _ _ _- ? 'S-''� �. �•4 '-. 'F�a ; -,t ce. n 'ME ENQ- B - iTOIILEY ]EVERGREENS & FAR,IIS, INC.' -All of ostr wreatbs are heavy foliage, bigb-duality F- V3. wrecrtbs. They •e band.` tied to a rigid double -wire a. • :painted frame making our;' quality second to none. _ l; �r Our White' Pine wreaths are 1 _ riiade from beautiful White Pines from the mountains of North Carolina and Virginia: s i ,.Available in 16'; 20 , 22'; ,- 1 =2G'; 30 "-2",' 34",.38", 42 , i 46'; -50"crud_ 60" outside � � � � - _ I• � F Also civailable in double- --fa c-ed at 16", 20', 24 and s y _U ilianzeter-s - r_ AY•5 Ai 6L _ y z 'I heTraser Fir wreath is'a t -. beautiful «death with a soon' g aromatic qualjty Phis wreath will add joy to your household . tlir`oughout the holiday season: '_'t �' Available in 16 , 20 , 22. 20*c # t a t.•;- and 60," oictsadl dicaaneteis 1 y' " Alsn iivarlable in iloarble-faced at 3. I , 20 , 24 . and:30 diameters Mema m,- r Our lioxwc�oci wreaths are -,unique as:ttiey aie stunning Ibis wreath will-b c the toast of ..season: 4 Available in' -M '20 22" 26 M ,i[ncl Ell oacisicle diameters <' r M i �A x y Also avcr2lcable in cl�irble- crceclp. f`�' -GIfid 30 diameters LJ Our wreaths will make a rich and fragrant addition to your home. Feel free to add your own personal touch to our wreaths, such as a velvet red bow shown here. r-F L ? D t r j.Y LI a-'-to x-w-- God -I These wrecaths ai-e Ueinb' loaded ifito F our refrigerated trucks for deliver�� all over Pe -country. y Oair cold storage facilrt�,-keeps Darr ._ tturealhs crud gi-eenei:)l.at.-the .ljropei _ !-orrt p� Deluca ion F ; through. delivei:) . ,This guarantees �otr w7ll `s,ecetued tl�e highest quality ' pr odtrct rvailciGle $OTTOItLFY EVERGREENS & I`:1_S, INC iL r fir,NEW ... .i - - _ - -' - � �;� y/'•s�!(_ �a d E E 1 �€ � Eji�♦Y > j' 3a7 , try � • }, w { 3 1 � �q p. z • �vT _ - - _..—..� � ��; .—�*rirl'ja � Fi,—;�s.���w�'//his to 41 a IF 71' i .lam SLL.w=. L s C II �, . r. . } _ 1 r +. (• i ' � , f�. t .,* k 1 • f fff 'Our} most popular wreath! It comes with three'-.: natural UNte Pine cones. A beaUt 1l w-cath for. just about ai I ere_-" i ,' � ! r i• JI �re' `AI � FF '♦� H i 1- Available 1n 16 , 20.t r J!r 46 50' and 60 outside ;,This outstandingwreath (shown here) is a•durable, aromatic wreath that will brighten uh Your - Y holidays, with fragrance and = beauty With three frosted White w r Pine cones and three' "clusters -of artificial Holly berries this wreath `., is 'absolutely gorgeous ' - Available in 20 "-22 emd _ W-3 9�" � - outsicle. diameters. 1-336-657..334 Our lovely mixed wreaths make a wonderful addition inside or out. Because of our quality workmanship you never need fear exposure ruining your wreath. {� � n � J� T�4,.i r�k1;'�i t a �4'•' � �"y +,i,� � y �f � 1Q'}}''�t ..� Jj- ` Fti t �� •,�5� .Lug i��!•yr \/�.I✓� � S A 13 * 3 w `.s - •t ♦ a `rc .n .era R, B6Ti6,mLEY EVERGREENS & ,FA INC. 3 eel Ift -.Cf. J 1, ,,,j V ��C�`.y�...'.(l�lte _"�i�{.'� y��v7 � �y"� - �y {. 1 Y� is'e�Jia''ac 3 F the same look as our most . -y. Candles are not included in candle rings. , popularwreath. It comes with-, three�natural tX�iiite Pine comes_.' Because greerzeiy is of a,flamnable nurture, Bottorzzle��'s Available in �6°' ��.ing stze� itb tt suggests nevea- leaving a burning candle uuattenuled. T2 14;dzazzzetez 'd ay ,14 tea'` '" - =� .� : = =: - _� ` .. , • .., 5ame.'as,abovc but with decorated - -with three frosted White Nine a conc.g., Availabl e in�G T=i7zgsz7e.with �N 3 dzczz�ieter - .- °A Fraser Fir,cardle`rii�g is;simple=• elcgance o�� your, table , 7 Available in G zing sz�e vztl� cc� T e -'12 14rdiazizetea: s ` _ y � - _Y �� 2,- "S - r-d: '� .ram 'jTS �• y� .�' _ .. w� ja�.'�,_7-�•�Yis- A beautiful candle png:made�, a comliletcly with Nc rth Carolina: and Viigin�a White l'ineti The =aroma just shells "Chi istmas� a FA vq A4b&,-i;f6- ;rhz q. szze.,zuil-a--.- 1-336-657_'334 A These beautiful candle rings take a lovely centerpiece that will tiring a glow to any room. Choose a candle scent to complement the lovely aroma of your candle ring. Vd z • =hie -�.i' .ems ' - � � •` � •�' � \`�' `. '4 K W- os 17 t: L =�B�tt«nrlej�`:•'ar»rs is':' . Ib eIj, a" nd-1)rochidive ]�eClY' rojil'I , Ift, g► u; on1j, fbe be>st evergreens_'arul pricle=. T oarsseh;es on our exceptional gt&dity BOTTOMLEY EVERGREENS Bit FARMS, INC. �-f All you need to really complement fits a room, -these lovely swags can go just about anywhere. Made with Fraser fir, you can count on their luxurious texture. Add some bows or intertwined ribbon to really make them festive. RN-FriS4�_r FirSwag wed Vith tones This lovely ss 149 looks_ -%wonderful_- above :any -door, clock;_ picture, etc..y.. t : Your,only limit is:yourimagination. Comes with to cones. Available in 2' and 4' lengths., c ent lied Nixie: - ,s: UR. N � _Our most popular mantle --centerpiece. This,lovely.piece _ _ ;comes' with three natural cones-. ` and �iiou 'I pizazz to jazz up any' mantle lust rn time for the 'h6li6ys Available tiz 481ehgtbs This centerliiece is just a little more dressed up -with frosted cones instead of natural cones. Available h7 4S" lenglbs. � � 1°5.` i � j � '.r�• fly ,: � — 4. - i +s- r ; � r �N j� � � YM1 5�••� i '� •— .� '.,_.'r F •'x �x , . '�' ' ii ]] �# A, sX € Fdr va'y*+a f• '7i$ d'i'h s "i3'�i rx �4+-2' Yi •.sa'1 ;.mi}. jss DOTTOMLEY EVERGREENS & FARMS, INC. • vvibh' To, : s These beautiful North Carolina -" Fraser Fir trees are very versatile. _ 'These are wonderful for anv room. Available in 2'-3' or 3'-4' sizes.:- - = -dy:5 _ u These wonderful fraser fir boughs & tips make beautiful, natural ornaments.-, - _.Boughs -conic i�a 25,ab. ba s' of , boirgl7s. Tips-eoine in 20 1b. cases.of tips 10'-18"-long. _PDT-�i'6I'71 .9f_- - r r White'Pi6c boughs & tips from thc,mountains of North Carolina'. ;and -Virginia are afomatic and-: long; lasting. - Botb0lb sofgnb �2' -Y boughs. = R_ Tips collie h7 20 Ib cases of tips 10 " 18-long. —Ahso ittiaVable in 2' 2 Ib. ='l�rr:7ches�er-case _ - 1_ _L 15.- _ _.Our boxxvood_tips.are beautiful in -their iiinisual-.design. GOiod for, all ycair round 'decorating. • Cnrtte in 20 lb _ . cases, 6"-16' long. r3OTTOMtEy `�- .,.-,;,� mac. �-�...,•.� � .;�--.....3,�� Table Top Trees are made from fragrant Fras Fir and are beautiful in ail entry hall or small room. Just the right size to put practically anywhere you want (they work wonder- fully in a child's room). These trees come with their own tree stand. All you need to do is add water, decorate and, enjoy! • ' �Bottor�aley's } decorative boy" are -stu clyiin ;beatitifitl ' �.The"se`'boxes+; rizcilze ci __ " : 'iuoilderful displci� itefia to .sell your,.:. 'Bottom1ey wreatbs and -greenery. = fiJ d�1J/ Pl 1-336-657-334 -7-07— A mantle centerpiece draws the eyes of everyone in the room. Absolutely anddecorate - gorgeous, very easy to . �►. '""_._- . _ _' .,�"1-_._.-.:�._ � C V. ' ..:.... L. +w � �" s � w-J� "�i. `.�"...-"—` L:w - � .ice.• _y. —'a�aiah IM. - ."• �"-'i - '� �- � _ x€'^"Ial:; ,s ,n,Y t , �+o. aid. - r W ? 14 g; � 7 eC �11 . � - �/ �" � x, - iG9�Y,,r� " '1... � ?•,� .� ie�-`��'..F 'i� `'�' T "�' .•i�� wV T 34 ` " _ :�= i•'9;�'° '7a Y' .. �. �,a�., t ti tiyr ,,.�„ :�:.F£' +a ��. - � s.�'7'"'. +FS�..�.�`",�� n �_��. �v -' 221MIT) 21 MES �i 11-336-657-334 " A s11o1. of of.ri=.c�ld•st�rrd�e facility; filled:: . } -?.botlgbs_iind tij � ,These Gacigbs and tips will_be leaded on to� r~r it i-cfi•igcruted t��uckfcir"delii�e��r � - In t€u— G 71 r JAW, ja�a .tt ` j ► -n+ ram. �• � � R; r �-' GLADE CREEK DAIRY •Nr� 5071 Glade Valley Rd Ennice NC 28623 (336) 657-3499 July 19, 2000 North Carolina Division of Water Quality Melissa Rosebrock 585 Waughtown Street Winston-Salem, NC 27107 Dear Melissa: RECEIVED N.O. Dept. of EHNR JUL 2 0 2009 Winston-Salem Regional Office This is in response to the certified letter dated July 6, 2000, that I received on the notice of violation and also the visit that you made to our farm on July 14, 2000 regarding this matter. We will correct the drain off which comes from silo near the freestall barn out of the four -inch pipe, by having it go into the waste lagoon. The water from the gutter will go into the gravel at the backside of barn. I will take care of this matter as soon as possible, within a couple of weeks. If you have any questions please give me a call at 336-657-3499 or my cell phone at 336-657-1277. Sincerely, 461wlz I-e William Blan Bottomley Owner & Operator NORTHONROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WINSTON—SALEM REGIONAL OFFICE July 6, 2000 CERTIFIED MAIL 7099 3400 0009 2222 7875 RETURN RECEIPT REQUESTED Mr. Blan Bottomley 5071 Glade Valley Road Ennice, NC 28623 SUBJECT: Notice of Violation Compliance Inspection Glade Creek Dairy Farm, #03-02 Alleghany County Dear Mr. Bottomley: The purpose of this letter is to summarize the findings of your compliance inspection conducted June 6, 2000. Melissa Rosebrock and Matt Czahor of the Division of Water Quality -Winston-Salem Regional Office performed the inspection. Although the waste handling system, other farm operations, and record keeping appeared in good condition, our staff noted a discharge of solids from a four -inch pipe near the large freestall barn that warrants your immediate attention and action. On the date of the inspection, inspectors discovered past evidence of a dark- brown/gray substance:. approximately one to two foot in width, extending approximately 374 feet downhill from the end of a white, plastic pipe which comes from beneath the freestall barn near the larger waste storage pond. A strong odor was also associated with this discharged material, along with an unusually large number of flies. DWQ Staff spoke with your onsite representative, Martha Bottomley, and the farm manager, who were both onsite. The farm manager stated to inspectors that the discharge was coming from a drain located near the silage trench on the opposite side of the freestall barn. Per a phone message left for Ms. Rosebrock on the afternoon of the inspection, your wife stated the discharge was actually a "drainpipe from a downspout at the back of the bard." Our concern is that this feed and/or animal waste, upon entering the stream, could cause an oxygen demand problem for aquatic life in the stream. Although on the date of the inspection there was no discharge flowing, the current situation allows for the potential discharge to surface waters of the State. Please be advised that the non -permitted discharge of any type of wastewater to the waters of the State is illegal as per North Carolina General Statute 143-215.1 and could subject you to civil penalties of up to $25,000 per day per violation. 4 ;.eNc'ANSRf G'A'7 2.' 0`... 1. e 0 585 WAUGHTOWN STREET, WINSTON—SALEM, NORTH CAROLINA 27107 PHONE 336-771-4600 FAX 336-771-4630 AN EQUAL OPPORTUNITY ( AFFIRMATIVE ACTION EMPLOYER . 50% RECYCLED/10% POST —CONSUMER PAPER Bottomley NOV July 6, 2000 Page 2 A written response is to be submitted to this office within 30 days of receipt of this Notice, indicating the actions taken to correct the noted violation described above. This written response should include an explanation of "when and how" the problem is to be corrected. Please address the information to the attention of Ms. Rosebrock. The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, /:Ik Fll� Larry D. Coble Water Quality Supervisor cc: DWQ — Non -Discharge Compliance and Enforcement Unit Jasper Cave -Sparta Field Office Rocky Durham - Mooresville Regional Office WSRO Facility Files Central Files SENDER: I also wish to receive the it Complete items 1 andlor 2 for additional services. ■ Complete items 3, 4a, and 4b. 1n f0110W g services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■ Attach this form to the front of the mailpiece, or on the back If space does not 1. ❑ Addressee's Address permit. •Write `Return Receipt Requested' on the mailpieCe below the article number. 2, ❑ Restricted Delivery ■ The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 148, Article Number `] QC -Mr Blan Bottomley 5071 Glad Valley Road Ennice NC 28623 5. Received By: (Print Name) 6. Signature: (Addre see orA X PS arm 811, December 1 4 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑ Insured �Retum Receipt for Merchandise ❑ COD 7. Date of Delivery 7-9-oc/ B. Addressee's Address (Only and lee is paid) 102595.96•e-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE 03 irst-C �NNIC Permit • Print your name, address, and ZIPICodbl in this box.m NC DENR �8623 WATER QUALITY SECTION 585 WAUGHTOWN STREET 3s Mail & Fees Paid WINSTON SALEM NC 27107-2241 rf-"TIED of 1~WNR JU L 1 9 2000 W n s t o n -S�a I e m I +._ �I1�l�11l1IFIlii�i3li�!lF�IFIIIIIIFlliiI FI, III I I , if I. , j�� JUL-09-99 THU 21:01 BOTTOMLEY FARMS 1 910 657 869E _.. . P -01 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Wayne McDevitt, Secretary Kerr T. Stevens, Director June 30, 1999 Blan Bottomley Glade Creek Dairy Farm 5071 GIade valley Rd Ennice NC 28623 Subject: Dear Blan Bottornley: &4•� NCDENR NORTH CAROUNA DEO RTMENT OF ENVIRONMF_mT AND NATUFtAL ResetjRce:S Application No. AWC03M Additional Information Request '-Glade Cre X' Gaif_7 FArZ - Animal Waste Operation Alleghany County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we c.tn continue our review. Please address the following by July 30. 1999: Please include application windows for all crops listed in the Waste Utilization Plan (WUP). Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed. sealed, and submitted in duplicate to ray attention at the address below. The information requested by this letter must be submitted on or before July 30, 1999 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina Gcnerztl Statute I43-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5033. extension 546. Sincerely, usan Cauley Environmental Engineer Non -Discharge Permitting Unit cc: Winston-Salem Regivnal Office, Water Quality Permit File P.O. Box 29WS, Raleigh, North Carolina 27628-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50%recycled/ 1016 post -consumer paper State of North Caro* Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Blan Bottomley Glade Creek Dairy Farm 5071 Glade Valley Road Ennice NC 28623 Dear Blan Bottomley: TIC NCDENR NORTH CAROLINA DEPARTMENT10FI-% URAL RE ENVIRONMENT ANo NATSOURCES December 30, 1999 JAN 10 2000 WIrIston-shall--R Regional C fira, Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 3-2 Alleghany County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Aileghany County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper db State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Blan Bottomley Glade Creek Dairy Farm 5071 Glade Valley Rd Ennice NC 28623 Dear Blan Bottomley: 11� 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAV.11�Kit $fES June 30, 1999 N.C. Dept. of EHNR J O L 0 9 1999 Winston-Salem -y lgnzl Office Subject: Application No. A ;it10 Additional Information Request Glade Creek Dairy Farm Animal Waste Operation Alleghany County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by July 30, 1999: Please include application windows for all crops listed in the Waste Utilization Plan (WUP). Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before July 30, 1999 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 546. Sincerely, Asan Caule Y Environmental Engineer Non -Discharge Permitting Unit cc: Winston-Salem Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina* Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director May 4, 1999 Blan Bottomley Glade Creek Dairy Farm 5071 Glade Valley Rd Ennice NC 28623 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application No. AWC030002 Additional Information Request Glade Creek Dairy Farm Animal Waste Operation Alleghany County Dear Blan Bottomley: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by June 3, 1999: 1. The facility is certified as having 300 Dairy cows, however the narrative of the Waste Utilization Plan (WUP) states that there are also 114 calves/heifers that are confined and contribute to an additional waste storage pond. The facility cannot be permitted for more animals that what the certification has been signed for. Please contact your technical specialist in order to determine certification requirements for your facility. 2. Please provide lagoon or waste storage pond capacity documentation (design, as -built calculations, etc.). Be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable. 3. Irrigation parameters must be included in your WUP. Irrigation events are to be listed in the WUP as the maximum application allowable for that soil type from the time the pumps are turned on until the time they are shut off. It is currently recommended that total application amounts not exceed one inch in any application event for any soil type. Please contact your technical specialist about revising your WUP to include irrigation parameters. 4. Please provide a clearer map that identifies (outlines or highlights) and shows the acreage for tract 1345. The acreage of each field must be included on the map. 5. The Plant Available Nitrogen (PAN) as calculated in the WUP does not appear to meet the current NRCS standards. Please refer to NRCS recommended PAN calculations or submit have your technical specialist provide justification for the reduced PAN calculated for your facility. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before June 3, 1999 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ,il Application No. 03-0002 • Blan Bottomley Page 2 Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 546. cc: Winston-Salem Regional Office, Water Quality Permit File Sincerely, S/san Cauley Environmental Engineer Non -Discharge Permitting Unit State of North Carolina t Department of Environ and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED m B an Bottoey Glade Creek Dairy Farm 5071 Glade Valley Rd Ennice NC 28623 Farm Number: 03 - 2 Dear Blan Bottomley: C4 i7ol NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 6, 1949 RECEIVED N.C. Dept. or EHNR APR 12 1999 Winston-Salem Regional Office You are hereby notified that Glade Creek,Dairy Farm, in accordance with G.S. 143-215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date_ Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Dianne Thomas at (919)733-5083 extension 364 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. Zncerely for Kerr T. Stevens cc: Permit File (w/o encl.) Winston-Salem Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper •• i NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY May 12, 1998 RECEWED N.C. Dept. "Ei- ,NJR Blan Bottomley MAY 1 5 1993 Glade Creek Dairy Farm 5071 Glade Valley Road 1>>>` ' ; -'; �• ; ►p Ennice NC 28623 �; Vr.�II C_i1rCE SUBJECT: Designation of a Certified Operator in Charge Glade Creek Dairy Farm Facility # 03-2 Alleghany County Dear Mr. Bottomley: North Carolina General Statute 90 A-47.2 requires the owner of each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined. poultry with a liquid animal waste management system, to designate a properly certified operator as the Operator in Charge (OIC). Our records indicate that the OIC you previously designated is no longer a certified animal waste management system operator. As the owner of a registered animal operation with an animal waste management system, you must designate a certified animal waste management system operator as the Operator in Charge. Enclosed is an Operator in Charge Designation Form specifically for your facility. Please return this completed form to this office by June 12, 1998. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge. If you have any questions regarding the certification of an operator, or need assistance in locating a certified operator in your area, please contact Cindy Dudley with the Technical Assistance and Certification Unit at (919)733-0026 ext. 309. Sincerely, W. Pt Joseph B. McMinn, Supervisor Technical Assistance & Certification Unit cd/Desig. of certified OIC Enclosure cc: Winston-Salem Regional Office Water Quality Files WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION P.O.BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE 91 9-733-0026 F'AX 919-733-1338 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER State of North Carolina 40 Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman A 4 l-iD [DEHNR November 6, 1997 RE f • "- `� - - a ) Kelly F. Bottomley c4 5071 Glade Valley Road NOV 1 0 1997 Ennice NC 28623 Subject: Operator In Charge Designation Win 5 t 4 n- S a l e rn Regional office Dear Mr. Bottomley : Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996. This bill required that a properly certified operator be designated as the Operator in Charge for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a Iiquid animal waste management system. The deadline for designating an Operator in Charge for animal waste management systems involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and certification program was not yet available for these systems, you were allowed to apply for and were issued a temporary animal waste management certificate from the Water Pollution Control System Operators Certification Commission (WPCSOCC). Because you applied for and were issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an animal waste management system. Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate that you have not obtained a permanent animal waste management system operator certification. If you intend to remain the Operator in Charge of the facility for which you were designated, you must obtain a permanent animal waste management system operator certification of the appropriate type before your temporary certification expires on December 31, 1997. To obtain a permanent certification, you must be 18 years of age, complete ten hours of approved training, and pass an examination. If you do not intend to remain the Operator in Charge, a properly certified animal waste management system operator must be designated as Operator in Charge of the facility prior to the expiration of your temporary certification. This year's final training program for both Type A and Type B animal waste management systems is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would like information about this training program, please contact your local cooperative extension agent or call Dee Ann Cooper at 919/515-6968. For those enrolled in this training and registering with Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December 11, beginning at 1:00 pm. Water Pollution Control System Operators Certification Commission P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-0026 FAX (919) 733-1338 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper In addition to the training and testing at the Hunt Horse Complex, examinations for permanent certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh (Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last opportunity to obtain permanent certification before your temporary certification expires. if you need additional information or have questions concerning the examinations for certification, please call Beth Buffington at 919/733-0026. For additional information about other training opportunities, please contact your local cooperative extension agent or call David Crouse at 919/515-7302. Sincerely, Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cc: Regional Office Water Quality Files sharedfolder/beth/animalwaste/tempcertfollowup 0 • Rosebrock, Melissa From: Martha Bottomley <martha@bottomleys.com> Sent: Friday, August 26, 2016 4:19 PM To: Rosebrock, Melissa Subject: RE: Inspection Follow-up Thank you and have a blessed weekend!! From: Rosebrock, Melissa[mailto:melissa.rosebrock@ncdenr.gov] Sent: Friday, August 26, 2016 4:02 PM To: Martha Bottomley <martha@bottomleys.com>; Tracy Bottomley <Tracy@bottom leys.com> Subject: Inspection Follow-up Martha and Tracy, Thank you again for your time today. The animal waste records were complete and very well organized and the waste pond embankments looked great. Additionally, the waste levels are the lowest I've seen in years! Your efforts are appreciated. I spoke with my supervisor regarding there still being no certified OIC for the farm. She said if you submit the completed OIC designation form within a week then that would suffice. Let me know if you need anything or have questions, Melissa Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa. rosebrock(d.ncdenr.Qov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Water Resources HNV1Q0Ni kTAL QUALITY PAT MCCRORY Gaventor DONALD R. VAN'DER VAART .Se—tary S. JAY ZIMMERMAN` Darcror May 26, 2016 CERTIFIED MAIL - #7015 1520 0000 7838 3958 RETURN RECEIPT REQUESTED William Blan Bottomley Estate Glade Creek Dairy -Farm 5071 Glade Valley Road Ennice, NC 28623 SUBJECT: Assessment of Civil Penalties for Violations) of N.C... General Statutes) 143-215.1 Farm #'03-0002 Alleghany County Enforcement File No. PC-2016-0030 Dear William.BIan Bottomley Estate: This letter transmits notice of a civil penalty assessed against William Blan Bottomley Estate in the amount .of $4000.00 and S1272.58 in investigative costs, for a total: of $5272:58:, 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 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: I. Submit -payment of the penalty: Payment should be made; directly to the order of the Department of Environmental Quality: (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 Cdnter Raleigh, North Carolina 27699-1-636 OR Stale of North Carolina j .1aiviroartieatal Qualify j Wafer Resources Water Qualify Regiqu l Operations Section 1636 Mail scrvice cenlrrej Raleigh, north Carolina 27699-1636 919 807 6464 Assessment of civil.penalty William Blan Bottomley Estate Enforcement # PC-2016-0030 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'Divi'sion 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 carnndt' coiisider. 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 "R_equest.for Retri'ssion 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 t_he following address: Miressa Garoma Water Quality Regi6nal Operations Section Division of Water Resources 1636 Mail Service Center Raleigh;. North Carolina '27699-1'636 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>frorn the.Office-of Administrative Hearings. 0 Assessment of civil penalty William Blan Bottomley Estate Enforcement # PC-2016-0030 Page 3 of 3 You must file the petition with the:Office of Administrat ive. 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 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 fling.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: (919) 431-3000 Fax: (919) 431-31.00 One (.1) copy of the petition must also be served on DEQ as follows:: Sam M. Hayes, General Counsel DEQ 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.iiiternal datchime. 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 assessedrfor 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, n:Risga ; Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Sherri Knight, Winston=Salmi WQROS'Regional Supervisor w/ attachments File #'PC-2016-0030 w/ attachments WQROS CentralTiles w/-attachments Alleghany County Health Department u • STATE OF NORTH CAROLINA COUNTY OF ALLEGHANY IN THE MATTER OF WILLIAM BLAN BOTTOMLEY ESTATE FOR VIOLATIONS OF CATTLE WASTE MANAGEMENT SYSTEM GENERAL PERMIT.AWG200000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH'CAROLINA DEPARTMENT OF ENVIRONMENT QUALITY FILE NO. PC-2016-0030 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant -to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWK), 1, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the:following: 1. FINDINGS OF FACT: A. 'William Blan Bottomley owned Glade-. Cregk'Dairy, a permitted cattle operation.ih Alleghany County. William Blan Bottomley died -on September-.1, 2015. The ownership and operation of Glade Creek Dairy•was assumed=by the William':Blan Bottomley Estate:. B" William Blan:Bottomley Estate was issued,Certificate of_Coverage AWC030002 by DWRj under General' Permit AWG200000 for Glade Creek Dairy Farm "on April 14, 20i6; .effective. upon issuance„with. aft expiration date;of September 30,.2019. C. Condition II.16. ofthe General Permit AWG200600 states -'that "The Pern ittee shall designate a cehified,animal waste management system operator -with -a valid certification to be in charge of -the, animal waste management system, The waste management system shall be 'operated by the Operator in, Charge (OIC) or a person urideT. the OIC's, supervision." D. On November -20, 201"5 'WSRO staff documented that Glade Creek Dairy did. not designate a certified animal waste .'operatorfor201'5. E. Condition III.5.,of the'General;Perniii, AWG200606 states in pad that."An aiialysis:of the animal. waste shall be conducted,in accordance with. recommended laboratory" sampling procedures as: close to the time of application as -practical -and at least within,sixty (60) days (before or after) -of the date of application" F. On November 20, 20I5� DWR Winston Salein. Region Office (WSRO) staff conducted an announced compliance. inspection at .Glade. Creek Dairy. DWR-WSRO documented that, there were no waste analyses for waste applications -that occurred during the Spring and Fall of 2014 and Fall 2015._Even alter the violations were`hoted during the inspection, a current waste. sample was not submitted to the NCDA&CS Agronomic. Services Division ("lab") for analysis until March 2016. Pcrr_nittee maintains -'that the Spring 2014 waste samples;were lost_by'the lab:, G. Condition No. 11. 24. of the General Permit., AWG200000 states that "All waste application equipment must be tested and calibrated at least once every two years,. The results must be documented on forms provided by, or approved -by; the Division." H. Glade Creek Dairy did not have 2014 and 2015 calibration records for the slurry equipment as required by thepermit. These records were forwarded.and received by the WSRO on February 1, 2016. Tracey Bottomley alleges these.records were sent to WSRO in December 2015 but the date on the fax is "02/01/2016." Condition No. III. I 1. of the permit. states, in part that. "...copies of all records required by the General Permit and the facility's CAWMP shall be maintained by the permittee..-for three (3) years. Records include but are not.limited to: soil and waste analyses, rain ... freebo aid. .. appl ication events... stocking records... dropping information... and. calibration." On November 20, 2015 Glade Creek Dairy did not have 2014 crop, yield records as required by the permit. Application data was'then produced and received by the WSRO on December 15, 2015. Records state that the Fall 2014 receiving crop was "Cover" and as such would_ not be harvested, so yield records would not be required. K. On January 25, 2016 DWR-WSRO issued a Notice. of Violation/Notice of Intent to Enforce (NOV/NOI) to Martha Bottomley (surviving spouse) for: 1) failing to conduct required waste analyses; 2) failing to calibrate. waste application equipment;. 3) failing to maintain required crop records; and 4) failing to designate a certified operator. The NOVNOI was sent. Certified Mail and received by Ms. Barbara Bare on February 19, 2016. DWR-WSR01received a response from the violator on March 10, 2016, This NOVlNOI was reissued to the Estate on April 18, 2016. The reissued NOV/NOI was sent.Certifted Mail,and received by on April 21, 2016. L. The cost to the State of the enforcement procedures in this matter totaled $1272.58., Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. William Blan Bottomley Estate, are "persons" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.143-212(4). B. A permit for an animal waste management system is required by N.C.G.S. 1-43-215.1. C. The above -cited failure to designate a certified animal waste management system operator violated Condition No. 11.16 of General Permit AWG200000. D. The above -cited failure to conduct waste analysis within sixty days of the date of application constitutes violation of Condition No. 111.5. of the General Pere-ftAWG200000. E. The above -cited failure to test. and calibrate at least once every two years waste application equipment violated Condition ,No. IT.. 24_ of. the General Permit,AWG200000. F. The above -cited failure to maintain cropping.records-violated Condition III..11. of General- Permit AWG2b66o0. G. N:C.G,S. 143-215.6A(4)(2).pr9vides that a civil penalty of not more than $25,000.00 may be assessed against a person who fails;to apply for or to secure a permit requiredbyN.C.G,S. 143- 215.1, or who violates or`fails to act -in accordance with the terms, conditions, or requirements -of a permit required by N-.C.G.S. 14372.15.1. H. N.C.G.S. 1.43-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the, reasonable -costs of any investigation, inspection or monitoring survey may assessed against a -person who violates 0. 0 any regulations, standards, or Iimitations.adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. 1. The Chief of the Water Quality Regional Operations, Division of Water Resources, pursuant to delegation provided by the -Secretary of the Depaitment of Environment and Natural Resources and the Director of the Division of Water 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, William Blan Boitomley Estate, is hereby assessed a civil penalty of $ �. For violating Condition I1.16 of General Permit AW0200000 by failing to designate a certified animal waste management system operator. $ :2DC)o L For, violating Condition ,111:5 of General Permit AWG200000 for failure to conduct waste analysis within sixty days of the date of application. $ 0 For, violating,Conditiori H.24 of General Permit AWG200000 from.2014 to 2015 by.failing to test and calibrate waste application equipment at least once every two years. $ [� For violation ofpermit conditianIII.I l of General Permit AWG200000 by -failing to record and maintain crop.yield records as requifed by the permit. y0 $, yiUCIU TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by-N.C.G.S. 143-215.6A. $1272.58 Enforcement costs $ TOTAL -AMOUNT DUE Pursuant to N.C.G.S. 1.43-2,15.: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-2$2,1(b); which are: (1) The degree and extent of harm tothe 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 onsurface 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.corriply with programs over which the Environmental Management Commission.has regulatory authority; and (8) The cost to the State,ofthe enforcement procedtifes. 0 W. NOTICE: I reserve the right to assess civil penalties and invesiigative 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 Pact, Conclusions of Law and Decision shall be transmitted to William Blan Batton -ley Estate,'in.accordance-with N.C..G.S. 143-215.6(A)(d). (Date) 4ond; Chief ty Regional Operations Section Water Resources 0 9 Animal Waste Management System Operator Designation Form WRCSOCC NCAC 1SA.8F .0201 Facility/Farm Name: G [ j e C_xeE. k Dc..; r Permit #: Aw C p3 0"a Facility ID#: o3 - 007- County: �' ^ Operator. In Charge (OIC) Name. Brian K Souther First Middle Last A, Sr, etc. Cert Type / Number: AW / Grade A - 21972 -Grade B 21637 Work Phone: (.. 704 ) 450-8363 Signature: I. � Date: "I certify that I agree to my designation as the Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203+and failing to do so can result in Disciplinary Actions by the Water Pollution.Controi System Operators Certification Commission." Back-up Operator In Charge (Back-up OIC) (Optional), First Middle lau Jr, Sr, etc. Cert`Type / Number: Work Phone: Signature: Date: "I certify that I agree to my designation as Back=up Operator in Charge for the facility noted. I understand and will'abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do.so can Msult'in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Owner/Permittee Name: l'r ►aAk\a 40V%%i4 Phone #: (33(o) '22 Mail or fax to: WPCSOCC 1618 Mail Service Center Raleigh; N.C. 27699-1618 �, Fax: 919-733-1338 ttevkcd &2007 Fax#: 0A) .6 - — 80 $8. . Date: 6 - !S (Retain a copy of this form for your records) William Bottomley Obituary: WillilWottomley's Obituary by the Mount A' ewspapers. Page 1 of 1 William Bottomley ENNICE — William Blan Bottomley, age 68 of 5071 Glade Valley Road, Ennice, NC'died Tuesday, September 1, 2015 at his residence. He was born March 25, 1947 in Alleghany County to the late W, Cleve and Annie Ogle Bottomley. In addition to his parents he was also preceded in death by two brothers, L.C. Bottomley and Bill Bottomley; six sisters, Cecil Bottomley, Gladys Bedsaul, Zenna Bedsaul Todd, Lucille Holt, Aberdeen White, Lorraine Boles. He was the patriarch of the county's largest family farming enterprise. He and his son started Bottomley Evergreen Farms in 1990 and it grew into a sprawling operation with fields in northwest North Carolina and southwest Virginia as well as Nevada and Oregon. He was also one of North Carolina's largest producers of pumpkins. In 2013, a Raleigh News and Observer article said the farm shipped 1.2 million pumpkins. He also operated a trucking company and a dairy. -However, the operation had. made arrangements to leave the dairy business and planned to auction their herd on September 2. He is survived by his wife, Martha Roten Bottomley of the home; four sons, Martin C. Bottomley and fiance Serrena Caudill of Wilmington; Mitchell Blan Bottomley and wife DeAnna Osborne Bottomley of Ennice, Tracy Bottomley and wife Amy of Ennice, Kelly Floyd Bottomley and wife Renea of Ennice; ten grandchildren, Seth Bottomley, Hunter Bottomley, Jonah Bottomley, Heath Bottomley, Luke Bottomley, Matthew Bottomley, Kellen Bottomley, Connor Bottomley, Abigail Bottomley, Isabella Bottomley; four brothers, Bobby Bottomley and wife JoAnn of Ennice, Ben Bottomley and wife Gail of Sparta, Junior Bottomley and wife Carol of Glade Valley, Dennis Bottomley and wife Sandra of Ennice; two sisters, Cora Sue Brown of N. Wilkesboro, Gencie Finney of Sparta; several nieces and nephews also survive. The family requests the honor of your presence at the funeral service to honor the life of Mr. Bottomley at 11:00 a.m. on Saturday, September 5, 2015 in the chapel of Grandview Memorial Funeral Home with Brother Hugh Miller officiating. Interment will follow at Saddle Mountain Cemetery in Ennice. The family will receive friends starting at 5:00 p.m. Friday evening at the funeral home and other times at the residence. In lieu of flowers memorials may be made to the Alleghany County Education Foundation, Inc., c/o Rita Woodruff, PO Box 33, Sparta, NC 28675 for the Blan Bottomley Agricultural Scholarship Fund. Grandview Memorial Funeral Home is proudly serving the Bottomley family and if you wish, online condolences may be submitted to the family at www.grandviewfuneralhome.com. Funeral Home Grandview Memorial Funeral Home 789 Grandview Dr Sparta, NC 28675 (336)372-5621 Published in Mount Airy Newspapers from Sept. 3 to Sept. 4, 2015 http://www.legacy.com/obituaries/mtairynews/obituary-print.aspx?n=willlam-bottomley&pid=175 7... 4/l/2016 Corporations Division Page 1 of 1 North Carolina Elaine F. Marshal! D EPARTM ENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Account Login Register Click Here To: View Document Filings Corporate Names Legal: Glade Creek Dairy, LP Limited Partnerships Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: State of Incorporation: Registered Agent: Corporate Addresses 1200399 Current -Active Current Domestic 4/25/2011 NC Bottomley, Martha Reg Office: 5071 Glade Valley Road Ennice, NC 28623 Reg Mailing: 5071 Glade Valley Road Ennice, NC 28623 4D httpalwww. secretary. state, nc.us/search/profcorp/9743 262 4/1/2016 0 0 Page 1 of 2 Property Location: 6820 Glade Valley Rd Residential Property Record Card - Alleghany Co., NC Account: 4020-17-83200000 " " ' ' Map Block N( Current Owner Previous Owner History Mis( Bottomley, Martha R. Name Deed Date Deed Info: 15-E-1E 5071 Glade Valley Rd Bottomley, William Blan Estate 93I87 0110111973 Zoning: F1 Ennice NC 28623 Routing No: Neighborhd: 700 Living Units: 0 Census Trct: 2012 At Notes Entrance Information District: Estimates 4 RM Glade Creek Dairy Date Time ID Actv Entrance Code Source MRA: 0 Am3 Remodeled 2004 01/22/2014 EM Not at Home Other Weighted: 0 Pond On Property = 10% 09/19/2006 RM Info at Door Owner Market: 0 12/30/2005 DS Not at Home Other Sales History Date Price Type Validity Permit Information Date Permit # Price Purpose % Comp. Land Information Type Size Grade Influence Factor 1,2 and % Vail Primary A 1 0 16 22,0( Open Land A 111.93 0 0 529,9� Total Acres for this Parcel 112.93 Total Land Value 552,0( Out Building Information Type Qty Year Size1 Size2 Grade Cond %Good Value AP6 1 1975 80 270 D F 27% 20,4: AM3 1 1985 20 28 C A 48% 5,9; AB1 1 1981 32 56 C F 33% 7,8( AP6 1 1980 8 72 D F 32% 6i RG1 1 1980 24 40 D F 32% 7,9( AP6 1 1982 36 72 D F 34% 3,01 AP1 1 1982 12 16 D F 34% 5, Total OBY for this card 46, http:l/www.webgis.net/ne/Alleghany/PropertyCards/AlleghanyPropCard.asp?pid-4020-17... 3/31 /2016 Page 2 of 2 • Property Location: Residential Property Record Card - Alleghany Co., NC 6820 Glade Valley Rd Account: 4020-17-83200000 Map Block Nc Dwelling Information Replacement Costs NC Style: Base Price: 0 Condo Style: Additions: 0 Exterior Walls: Unfinished Area: 0 Story Height: 0 Basement: 0 Basement: Heating A/C Adj.: Bsmt Garage: 0 FBLA: Rec Room size: 0 0 Rec Room: FBLA size: 0 0 Fire Place: Unfinished Area 0 Basement Garage: Inlaw Apts: AP1 Exterior Trim: WB Fireplace: Stacks 0 Openings 0 Subtotal: MTL Fireplace: Stacks 0 Openings 0 Grade Factor: Heating Type: C & D Factor. Fuel: Total RCN: Heating System: Year Built: 0 Percent Good. Eff. YrBuilt: 0 MarketAdj.: Ground Fir Area: 0 Total RCNLD: Tot Living Area: 0 Additional In formation Notes: Low 1st 2nd 3rd Area Low 1st 2nd 3rd Tot ms: 0 0 0 0 0 looms: 0 0 0 0 0 Baths: 0 0 0 0 0 Baths: 0 0 0 0 0 7 Fixtures. 0 0 0 0 0 0. OwnerNalues: Includes all Land/Buildings/01 Current Cost Land: 552,000 552,000 Building: 116,600 116,600 Total: 228,100 668,600 Comparable Sales Summary Parcel ID Location DOS Price TLA Style 0 http a/www.webgis.net/ne/Alleghany/PropertyCards/AlleghanyPropCard.asp?pld=4020-17... 3/31/2016 NCDENR North Carolina Department of Environment and Natural Reso Pat McCrory Governor January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Bottomley Glade Creek Dairy Farm 5071 Glade Vly Rd Ennice, NC28623-8623 Subject: Notice of Deficiency Glade Creek Dairy Farm Permit Number: A WC030002 Alleghany County Dear Permittee, N C De., of ENR td 12 2015 'IN IIit, I Ii-JdlLM Reaional Office Donald R. van der Vaart Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The following invoices are outstanding: Invoice Number Due Date Outstandina Fee ($) 201 1PR007498 9/4/201 1 180 2012PR008498 9/6/2012 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action. to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25.000) dollars against any "person" who violates or fails to act in -accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Perna! Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -Con/d.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641Internet: httpalwww.ncwater.org An Equal Opportunity 4 Affirmative Action Employer — Made in part by recycled paper 0 0 If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, a'�� J bjcxk Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Winston-Salem Regional Office. Water Quality Regional Operations Section WQROS Central File (Permit No A WC030002) 0 Rosebrock, Melissa From: Hash, Linda - NRCS-CD, Sparta, NC <Linda.Hash@nc.nacdnet.net> Sent: Friday, January 15, 2016 9:52 AM To: Tucker, David - NRCS, Jefferson, NC Cc: Janie Woodle (allegswcd@skybest.com); Rosebrock, Melissa Subject: Req. for assistance David, We talked with the Bottomleys again and they want to go forward with getting a closure plan. I also talked with Melissa Rosebrock about it and she is ok with the closure providing they have enough storage in the WSP they plan to continue using for the number of beef cattle they will confine. Pacer Sheets called this morning because he had been asked by the Bottomleys (I think) to help with the closure. How do we need to handle this. Their waste plan needs to be updated to beef with the storage calculated in the one WSP they are keeping to see if their permitted numbers will work. I will start the grant process for the Foundation, but need help with the waste plan updates and the closure plan. Is this something you can do or do we need to go through Fred to have it assigned? Please advise on how to proceed. Thanks. Linda linda Hash, Director Alleghany Soil and Water Conservation District PO Box 127 (90 S. Main St., Rm 200) Sparta, NC 28675-0127 Phone: (336) 372-7777 Email: linda.hash@nc.nacdnet.net Rosebrock, Melissa From: Tracy Bottomley <tbottomley@amhsparta.org> Sent: Tuesday, October 27, 2015 1:52 PM To: Rosebrock, Melissa Subject: RE: Inspection for November 3rd or 4th? I'm off November 12`n 19tn 20tn I also have off Saturday 14, 21 and 281n Dr. Tracy Bottomley Pharmacy Director A LEGHANY: 'MEMORIAL HOSPETAI , 233 Doctors Street Sparta, NC 28675 336-372-3208 tbottomley@amhsparta.org From: Rosebrock, Melissa[mailto:melissa.rosebrock@ncdenr.gov] Sent: Tuesday, October 27, 2015 11:51 AM To: Tracy Bottomley; Tracy Bottomley; Tracy Bottomley Subject: Inspection for November 3rd or 4th? Tracy I have made numerous calls, texts, and emails. We must set up a time to review records and the waste management system!! Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-766-9699 office 336-813-7084 mobile melissa.rosebrock(o7ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 -�_-/'N©thing Compares_.-,,,_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. • Spam Phish/Fraud Not spam Forget previous vote This email and any files transmitted within are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error please notify the sender. This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and permanently delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thank you for your cooperation. -A Q= - NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory ---- -- ------ - -- - - Govemor November 17, 2014 CERTIFIED MAIL 7010 0780 0001 7057 4603 RETURN RECEIPT REQUESTED William Bottomley Glade Creek Dairy Farm 6774 Glade Valley Rd Eunice, NC 28623 — John E.Skvarla, III Secretary N,C. Dept NOV 19 -� Winston-Sajen, Reglonal4mce Re: Notice of Deficiency- NOD-2014-OP-0005 Failure to Apply for Renewal of Expiring State General Permit Permit #: AWC030002 Alleghany County Dear William Bottomley: Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits, which expired on September 30, 2014. The State Non -Discharge General Permit, Condition V.9 states: `If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be filed at least 180 days prior to the expiration of the General Permit.' In order to assure your continued coverage under the State Non -Discharge General Permits, the Division of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the Division in a letter written on March 3, 2014. However, our records indicate that the Division has not received an application form from your facility. -The form was due April 1, 2014- To avoid possible enforcement action for a violation of your permit, please submit your application within thirty (30) days of receipt of this letter to the following address: NCDENR—DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 807-6464 Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit.' The application form must be completed, signed and returned to DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps- 1636 MN Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-54641Internet: h(1p://www.ncdenr-oov/ An Equal nppmmity 1 Affirmative Action Emoioyer — Made in part by recycled paper 1. If your facility wa_*er built, please indicate so on the applico and request to be removed from the permitted list. 1. If your facility is depopulated and you are waiting to close the lagoon, please send a separate letter requesting a "zero animals" permit until such time as the lagoons are properly closed according to the NRCS standards and the permit is rescinded. 2. If you area cattle facility that has gone below the threshold animal numbers (< 100), you may request the rescission of your permit provided if the average size of the confined cattle herd at the cattle facility, calculated on an annual basis during the three years prior to the request for rescission, is less than one hundred confined cattle. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807- 6464. Sincerely, j�_ Debra Watts Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures cc (w/o enclosures): Winston-Salem Regional Office, Water Quality Regional Operations Section Alleghany County Soil and Water Conservation District WQROS Unit Central Files - AWC030002 Animal Waste Management System Operator Designation Form WPCSOCC NCAC 15A 8F .0201 Facility/Farm Name: ' (61(' cr-e-4p lC t f` a 4~ rYj Permit #; ti VD3 clC, Facility ID#: 0 - t --? County; Operator In Charge (OIC) Name: -T-r- Q_G `f _ Jc CtM ( e. Ll First Middle Last Jr, Sr, etc. Cert Type / Number: A V\-) i� _ `� � 0 ? Work Phone: ( 3 3 C„ ) 9'73_ -3 2 V v r Signature: Date: 9 -30 .. t " I certify that I agree to my desi ation as the Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." t Back-up O erator In Charge (Back-up OIC) (Optional) First i fe Lasi Jr, Sr, etc. Cert Type 1 Number: Work Phone: Signature: Date: "I certify that I agree to my d gnation as Back-up Operator in a for the facility noted. I understand and will abide by the rules and regulations per ng to the responsibilities set forth in 15AC 08F .0203 and failing to do so can result in Disciplinary Actions the Water Pollution Control System Operators Certification Commission." Owner/Permittee Name: Phone #: 63 7-- 3 3q-7 Signature: uV (Owner or au Mail or fax to: l Revised M007 agent) WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax:919-733-1338 Fax#: Date: 1- 34 ' `t (Retain a copy of this form for your records) Mitchell, Patrick From: Joshi, J.R. Sent: Wednesday, September 17, 2014 7:41 AM To: Tracy Bottomley; bottomleyfarm@skybest.com Cc: Mitchell, Patrick; Rosebrock, Melissa Subject: Permit renewal application Attachments: AWC030002-Bottomley.pdf Mr. Bottomley, Enclosed please find a copy of the permit renewal application dated March 3, 2014. Your current cattle general permit expires at the end of September, 2014. The permit requires that you apply for its renewal 180 before it expires. That is why, we had sent this application then. The renewals are done every five years and are required to continue coverage beyond the expiration date. This is not an invoice for the annual fees that you get every year. Please have the application completed, signed, and send it along with a copy of your waste plan and field maps to my attention at the address below. If you wish, you can scan the whole document and email to me at: iava.ioshi(@ncdenr.gov Please call or write me if you have any questions. Thank you ! H(7DF`1R-DWR, WQ %eoil onal operat --,7.3 Section Animal Feeding operations and Groundwater Protection Branch 1636 Mail Service Center Raleigh, NC 27699-1636 Phone: 919-867-6341 http1[www.ncwaterguality-.Qrg/web/wq/aps/afo DISCLAIMER: All e-:nails sent to and from this account are subject to the North Carolina Public Records Lava. y i • Mitchell, Patrick From: Mitchell, Patrick Sent: Wednesday, September 17, 2014 7:29 AM To: 'Tracy Bottomley' Subject: RE: Permit Renewal Application Thanks Tracy. I will pass info along and someone should send it to you soon thereafter. Patrick L. Mitchell, REWS, LSS Water Quality Regional Operations Section Division of Water Resources NC Department of Environment & Natural Resources Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Tracy Bottomley[mailto:tbottomley(abamhsparta.org] Sent: Wednesday, September 17, 2014 7:11 AM To: Mitchell, Patrick Subject: RE: Permit Renewal Application Yes. I think some of the problems occur because they have wrong addresses on file. I have written and spoken with them. I have not seen the invoice. Can you have them email it to me or mail it to 6774 Glade Valley Rd. Ennice NC 28623 Dr. Tracy Bottomley Pharmacy Director r ALLEGHANY^ y M Of OREAL HM5PiT,, 233 Doctors Street Sparta, NC 28675 336-372-3208 tbottomley@amhsparta.org From: Mitchell, Patrick [maiIto: Patrick. Mitchell NCDENR. ov] Sent: Tuesday, September 16, 2014 8:22 AM To: 'bottomleyfam@skybest.com' (bottomleyfam(abskybest.com); Tracy Bottomley Cc: Rosebrock, Melissa Subject: Permit Renewal Application Tracy, received word from Raleigh that they have not received an application for permit renewal from you guys yet. I wanted to send you this reminder just in case you were not aware that the renewal application is due. Please let me know if I can be of assistance in this application process. Thanks, Patrick Patrick L. Mitchell, REHS, LSS Water Quality Regional Operations Section Division of Water Resources Dep artment . partment of Environment &Natural Resources Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Seam Not spam Forget previous vote This email and any files transmitted within are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error please notify the sender_ This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate. distribute or copy this e-mail, Please notify the sender immediately by e-mail if you have received this e-mail by mistake and permanently delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thank you for your cooperation. Mitchell, Patrick From: Tracy Bottomley <tbottomley@amhsparta.org> To: Mitchell, Patrick Sent: Friday, August 15, 2014 11:00 AM Subject: Read: Written Response to Notice Your message To: Subject: Written Response to Notice Sent: Friday, August 15, 2014 10:57:54 AM (UTC-05:00) Eastern Time (US & Canada) was read on Friday, August 15, 2014 10:59:55 AM (UTC-05:00) Eastern Time (US & Canada). 0 1-1 Mitchell, Patrick Subject: FW: Glades Creek From: Mitchell, Patrick Sent: Friday, June 13, 2014 12:34 PM To: Garoma, Miressa Cc: Rosebrock, Melissa; Lawson, Christine Subject: RE: Glades Creek Miressa, Below is a chronological list of various request made from WSRO to the subject facility for missing records from Glade Creek Dairy Farm (Facility No. 03-02). Request for Missing Records Associated with the routine announced compliance inspection conducted on December 20, 2013: _ — • December 20, 2013 -- Subject records were requested for review during the previously scheduled inspection. FACILITY FAILED TO PRODUCE RECORDS FOR REVIEW DURING THE INSPECTION. • January 3,_2014 — NOV/NOI issued requesting that the facility submit missing records and a written response to the WSRO. NO MISSING RECORDS OR WRITTEN RESPONSE HAVE BEEN RECEIVED TO DATE. • February 3, 2014 — Phone conversation between facility representative Mr. Tracy Bottomley and WSRO staff persons P. Mitchell & M. Rosebrock discussing the NOV/NOI. Missing records were requested during the conversation, along with a reminder that a written response is due on or before February 24, 2014. The facility representative indicated that the missing records along with a written response would be submitted by the due date. NO WRITTEN RESPONSE AND NONE OF THE MISSING RECORDS HAVE BEEN RECEIVED TO DATE. • March 10, 2014 — WSRO staff sent a follow-up email letting the facility know that the 30-day written response is overdue, reminding them to submit this written response along with the requested missing records to the WSRO. NO WRITTEN RESPONSE AND NONE OF THE MISSING RECORDS HAVE BEEN RECEIVED TO DATE. Request for Missing Records Associated with the routine announced compliance inspection conducted on Aygust 23 2012: • August 23-2012 — Records were requested for review during the previously scheduled inspection. FACILITY FAILED TO PRODUCE ALL REQUESTED RECORDS FOR REVIEW DURING THE INSPECTION. • Au ust 30 2012 — NOV issued requesting that records found to be missing during the routine inspection be submitted to WSRO. THESE MISSING RECORDS HAVE NOT BEEN RECEIVED TO DATE. Request for Records Associated with Facility OIC Designation: NOTE: to the best of the WSRO's knowledge ... to date the facility has not submitted a form designating an OIC. • January 31,_2013 — WSRO left voicemail message for facility representative notifying of failure to designate a Certified OIC. • February 6,_2013 — NOD issued requesting the facility designate an OIC within 30 days of receipt of the NOD. • February 6, 2013 — WSRO staff made several attempts via telephone to contact the facility representative to discuss OIC issue and the NOD being issued; a voicemail message was left. • March 26, 2013 — WSRO staff made a number of attempts via telephone to contact the facility representative to discuss the OIC issue and necessary actions. Wife of Permittee was reached and discussed, she indicated that the NOD was received and they are working on the issue. • March 27, 2013 -- Facility representative Mr. Tracy Bottomley contacted WSRO staff via telephone to discuss the OIC issue, and indicated that himself and two others at the facility would be taking the Operator training course and examination for certification. • May 29, 2013— NOV issued requesting the facility designate an OIC within 30 days of receipt of the NOV. • July 2, 2013 — WSRO staff made several attempts to contact the facility representative via telephone, and left voicemail messages discussing the OIC issue and asking for call back. • January 3, 2014 -- NOV/NOI was issued requesting that a Certified OIC be designated for the facility within 30 days of receipt of the Notice. Please let me know if there are any questions or if you need any additional information. Thanks, Patrick Patrick L. Mitchell, REHS, LSS Water Quality Regional Operations Section Division of Water Resources NC Department of Environment & Natural Resources Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone., (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lawson, Christine Sent: Thursday, June 12, 2014 4:09 PM To: Rosebrock, Melissa; Mitchell, Patrick Cc: Garoma, Miressa Subject: Glades Creek Melissa & Patrick, Jay worked on the enforcement case on Glades Creek today. He asked that you (one of you) send us something either in an email or a memo to document specifically that the responsible party failed to produce the records requested. Would it be possible to make a list of the requests (via inspections, letters, NODS, NOVs, emails, etc) and whether or not the records were produced. Please send this to Miressa so that he can have it in the enforcement file. Thank you! Christine B. Lawson Acting Supervisor/Engineer - Animal Feeding Operations Branch NC Division of Water Resources 919-807-6354 - voice 919-807-6496 — fax http://Portal.ncdenr.org/webZwq/`aps/ fo ------------------------------------------- __-..------------------------------------------------- 0 0 Mitchell, Patrick From: Microsoft Outlook To: Tracy Bottomley; 'bottomleyfam@skybest.com' (bottomleyfam@skybest.com) Sent: Monday, March 10, 2014 3:01 PM Subject: Relayed: Written Response to Notice Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Tracy Bottomley (tbottomleyCn�amhspa rta.org) 'bottom leyfamga skybest.com' (bottomleyfamCaskybest.com) (bottom leyfam@skybest.com) Subject: Written Response to Notice 1 Ins 'r 4,,Ar� 1 f wf_ D rJ CiF3l� c , ✓A7 rr y l NCDENit North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director March 3, 2014 William Bottomley Glade Creek Dairy Farm 6774 Glade Valley Rd Ennice, NC 28623 Dear Permittee: John E. 5kvarla, III Secretary Subject: Application for Renewal of Coverage for Expiring State General Permit Your facility is currently approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits, which expire on September 30, 2014. Copies of the new animal waste operation State Non -Discharge General Permits are available at http://www.ncwatergualiiy.orp/web/wg/aps/afo/apes or by writing or calling: NCDENR—DWR Animal Feeding Operations Branch 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 807-6464 In order to assure your continued coves e under the State Non-Discharg ge General Permitsyou must submit an application for permit coverage to the Division. Enclosed you will find a 'Request for Certificate of Coverage Facile Currently Covered by an Expiring State Non -Discharge General Permit.' The application form must be completed, signed and returned by April 1, 2014. Please note that you must include one (1) copy of your most recent Waste Utilization Plan with the signed application form. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143 -215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Branch staff at 919-807-6464. Sincerely, S. Jay Zimmerman, P.G., Chief Water Quality Regional Operations Section Enclosures cc (w/o enclosures): Winston-Salem Regional Office, Water Quality Regional Operations Section Allee,hany County Soil and Water Conservation District WQROS Unit Central Files - AWC030002 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N, Salisbury St. Raleigh. North Carolina 27604 Phone: 919-807.64641 FAX: 91 MD7-6492 Internet: www.ncwater uali .o Aa Equal Opportunity 1 Affirmative Action Employer State of North Carolina Department of Environment and Natural Resources Division. of Water. Resources Animal Waste Management Systems Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit On September 30, 2014, the North Carolina State Non -Discharge General Permits for Animal Waste Management Systems will expire. As required by these permits, facilities that have been issued Certificates of Coverage to operate under these State Non - Discharge General Permits must apply for renewal at least 180 days prior to their expiration date. Therefore, all applications must be received by the Division of Water Resources by no later than April 1, 2014. Please do not leave any question unanswered Please verify all information and make any necessary corrections below. Application must be signed and dated by the Permittee. 1. Facility Number: 030002 and Certificate of Coverage Number: AWC030002 2. Facility Name: Glade Creek Dairy Farm 3. Landowner's name (same as on the Waste Management Plan): William Bottomley 4. Landowner's mailing address: 6774 Glade Valley Rd City/State: Ennice NC Zip':28623 Telephone Number (include area code): (336)657-3499 E-mail: bottomle, famQskybest_com 5. Facility's physical address: 6774 Glade Valley Rd City: Ennice State: NC Zip: 28623 6. County where facility is located: Alleghany 7. Farm Manager's name (If different than the Landowner): Tracy Bottomley 8. Farm Manager's telephone number (include area code): 9. Integrator's name (if there is not an integrator write "None"): 10. Operator in Charge (OIC) name: Martha Bottomlev Telephone Number OIC # 11. Lessee's name (if there is not a lessee write "None"): 12. Indicate animal operation type and number: Swine Cattle Dry Poultry Wean to Finish Dairy Calf Non Laying Chickens Wean to Feeder Dairy Heifer Laying Chickens Farrow to Finish Milk Cow 400 Turkeys Feeder to Finish Dry Cow Other Farrow to Wean Beef Stocker Calf Pullets Farrow to Feeder Beef Feeder Turkey Poults Boar/Stud Beef Brood Cow Gilts Other Other Wet Poultry Horses - Horses Sheep- Sheep Non Laying Pullets Horses - Other Sheep - Other Layers FORM: RENEWAL -STATE GENERAL 03/2014 • Mail one (1) copy of the most recent Waste- Utilization Plan"(WUP) along with the field maps for this facility with'this '. _.._.- ' ' .- completed and signed application as required by NC General Statures 143-215.10C(d) to the address below. The WUP must be signed by the owner and a certified technical specialist. As a second option to mailing paper copies of the application package, you can scan and email one signed copy of the application and the WUP to: animalpermits@ncdenr.gov 1 attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that, if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143- 215.6B, any person who knowingly makes any false statement, representation, or certification in any application may be subject to civil penalties up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment of not more than 5 years, or both for a similar offense.) Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sign. If Landowner is a corporation, signature should be by a principal executive officer of the corporation): Name Signature: Name Signature: Name Signature: Title: Date: Title: Date: Title: Date: THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS: NCDENR—DWR Animal Feeding Operations Branch 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 807-6464 E-mail: animalpermits@ncdenr.gov FORM: RENEWAL -STATE GENERAL 03/2014 NUSPS.com® - USPS Tracking" ,flab Page 1 of 1 tJ English — O Customerservice USPS Mobile AZUSPS.Coff a Register i sign In Search USPS.com or Track Packages Q Tracking Number: 70100780000201072405 . DELIVERED V Requested label is archived. Restore Archived Details ) Product & Tracking Information Postal Product: Features: Certified GF ITEMLOCATION - January 24, 2014, 10:54 Delivered 1, ENNICE, NC 28623 am Track Another Package What's your tracking (or receipt) number? Track It it Available Actions LEGAL - - ON USPS.COM - ON ABOUT.USPS.COM Privacy Policy) Government Services > About USPS Home) Terms of Use) - Buy Stamps &' Shop) 'Newsroom) FOIA) yr - - Print a La4el with Postage . :, USPS Service Alerts r No FEAR Act EEO Data r . ' ... , Customer Service , r Forms & Publications ) - pelivenn Solutions to the Last Miles .�Cafeer5 Site index, ajusiww- i CopynghtD 2014 U$PS All Rights Reserved `I[ OTHER USPS SITES Business Customer Gateway )- Postal Inspectors, Inspector General) Postal Explorer) https://tools.usps.com/go/TrackConfirmAc,lion?qtc_tLabels1=70100780000201072405 4/2/2014 ULK I IHLU IVIAILTU HLULIP I%VeUU" (Dormiestic Mail Only; No Insurance Coverage ided) 7For delivery information visit our website at www.usps.comty OFF�CIAL Us a Postage NOV - 2013 Q Certified Fee ru Q Retum Receipt Fee Q Postrnark Here (Endorsement Required) Q wC (A3 COD q Restricted Denvery Fee © (Endorsement Required) r- Total o.,....,..., s e...•., 0 o Mr. William Blan Bottonley o sent Glade Creek Dairy Farm a © sfree ..- - tti or PC 6774 Glade Valley Road c+iy' Ennice, NC. 28623 _� 0 • Mitchell, Patrick From: Tracy Bottomley <tbottomley@amhsparta.org> Sent: Monday, February 03, 2014 10:48 AM To: Mitchell, Patrick Cc: bottomleyfam@skybest.com Yes I did sign the green card at the post office back around January 25tn Dr. Tracy Bottomley Alleghany Memorial Hospital Pharmacy Director 233 Doctors Street Sparta, NC 28675 336-372-3208 This email and any files transmitted within are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error please notify the sender. This message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and permanently delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thank you for your cooperation. "F,. t �+ RC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary January 3, 2014 CERTIFIED MAIL 7010 0780 0002 0107 2405 RETURN RECEIPT REQUESTED Mr. William Blan Bottomley Glade Creek Dairy Farm 6774 Glade Valley Road Ennice, NC 28623 SUBJECT: Notice of Violation / Notice of Intent to Enforce Permit Conditions Violations - NOV-2013-PC-0356 Glade Creek Dairy Farm, Facility No. 03-02 Permit No. AWC030002 Alleghany County Dear Mr. Bottomley: On December 20, 2013 Mr. Patrick Mitchell with the North Carolina Division of Water Resources, Winston-Salem Regional Office (DWR-WSRO), performed a routine announced compliance inspection at Glade Creek - Dairy Farm. Glade Creek Dairy representative Mr. Nick Carty accompanied Mr. Mitchell during this inspection. The inspection reflects non-compliance with your permit. The following violations warrant your immediate attention and action: I. The following monitoring and reporting records were not available for review during the inspection: Waste Application Records, Waste Analysis Results, Weekly Freeboard Records, Rainfall Records, Waste Transfer Records, Monthly Inspection and One -Inch Rainfall Structure Inspection Records, Animal Stocking Records, Crop Yield Records, and Soil Analysis Results. Failure to maintain the above listed records and documents is a violation of Permit Conditions III. 1., 2., 3., 4., 5., 6., 7., 8., and -11. Mr. Tracy Bottomley indicated that the subject missing records were misplaced and will be recovered. Please provide this office with a copy of each missing record within thirty (30) days or receipt of this Notice, and make available for review during future - --�--mspect>Eons. WATER QUALITY REGIONAL OPERATIONS SECTION 585 Waughtown Street, Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-4631 1 Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org An Equal Opporturily 1 Afrmadve Action Employer Glade Creek Dairy Farm, Fa No. 03-02 — NOV/NOI, NOV 2013-PC-&?1;6 January 3, 2014 Page 2 of 3 It should be noted that the waste analysis results (those associated with land application events for Fall 2011, Spring 2012, and Summer 2012) were also missing during the last compliance inspection conducted on August 23, 2012. It was requested that these results be submitted to DWR-WSRO in the Notice of Violation letter dated August 30, 2012. To date, these records have not been received by this office and were found to be missing at the facility during the December 20, 2013 inspection. 2. Evidence of prior waste release from the Upper Waste Pond ("Milk Barn") was observed during the December 20, 2013 inspection. A catch basin was found to be installed at the toe of the structures embankment. The catch basin appears to have contained the waste release, and no evidence of discharge to surface waters was observed. Waste released from the waste storage structure is a violation of Permit Condition I. L, which requires that the collection and storage system be operated as a non -discharge system to prevent the discharge of pollutants. DWR-WSRO was not notified of this waste release. Failure to notify the Regional Office of a discharge from the waste storage structure is a violation of Permit Condition III. 9. Please notify this office in the future for any discharge from your waste collection and storage system. Permit Conddtion III. 13. requires that notification be made "as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence". 3. Evidence of prior exceedance of the maximum waste level in both the Upper Waste Pond ("Milk Bard') and the Lower Waste Pond ("New") was observed during the inspection. Exceeding the maximum waste level in the storage structure is a violation of Permit Condition V. 2. Please operate and maintain all waste storage structures below the maximum waste level. It should be noted that evidence of reaching and/or exceeding the maximum waste levels in both the Small Waste Pond ("Heifer Waste Pond") and the Upper Waste Pond was noted following the last inspection conducted on August 23, 2012. The only notification that this office received in calendar year 2013 for inadequate storage capacity was on December 11, 2013 for the Upper Waste Pond being "to the max mark" and that "waste was being transferred to the Lower Waste Pond". As a reminder, failure to notify the Regional Office is a violation of Permit Condition IIL 13. c., which requires the Permittee to notify the Regional Office at first knowledge of failure to maintain adequate storage capacity in the storage structure(s). Please notify this office in the future should the waste level in any storage structure reach or exceed the maximum level. 4. The facility continues to operate with no designated Operator in Charge (OIC). As a reminder, this violation of Permit Condition II. 16. was addressed in the Notice of Violation (NOV-2013-PC-0194) dated July 15, 2013. It has been indicated to this office that two farm representatives have completed the certification course and are awaiting operator certification examination results. At least one ;• — Glade Creels Dairy Farm, Fajjty No. 03-02 — NOV/NOI, NOV-20l3-PC 6 January 3, 2014 Page 3 of 3 of these farm representatives must successfully complete the examination as proposed, and then subsequently be designated as the OIC for your facility. In the event that a farm representative fails to successfully complete the certification process as proposed, you must designate a Certified OIC for your facility within 30 days of notification of these results. Failure to designate a Certified OIC as requested may result in enforcement actions., In addition to the above listed permit condition violations, the following items of concern should also be addressed: The newly cleared tracts (parcel ID's: 4020496511, 4020483779 and 4020471849) located on Saddle View Road have not been added to the Certified Animal Waste Management Plan (CAWMP). Please add these tracts to your CAWMP if you plan to conduct land application activities on them. Please contact your Technical Specialist for any modifications to the CAWMP. The Waste Utilization Plan (WUP) has not been updated as suggested during previous compliance inspections. This could result in over application of plant available nitrogen (PAN) due to the maximum allowable amount of PAN that is listed in the existing WUP for some crops on some fields. Please contact your Technical Specialist for review and potential modification of PAN limits listed in your WUP. As a reminder, please follow the current PAN limits listed in your WUP until modification can be made. Our office is considering the pursuit of punitive sanctions for these violations against Glade Creek Dairy Farm. If you wish to present an explanation for the violations cited, or if 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 letter. This response should also provide details on how you intend to address the violations and concerns listed above. Any additional information will be reviewed, and if an enforcement action is still deemed appropriate, that information will be forwarded to the Director with the enforcement package for their consideration. Your written response should be sent to my attention at the address shown on the letterhead. Be advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. Your immediate attention is greatly appreciated. If you have questions concerning this Notice, please contact Mr. Patrick Mitchell or me at (336) 771-5000. Sincerely, W.-Corey Basinger_--- - Regional Supervisor, Water Quality Regional Operations Division of Water Resources OnC.: O%c- Or, SnK n Tnrm cc: Mr. Tracy Bottomley -- 6774 Glade Valley Rd., Eunice, rVC 28623 Alleghany County SWCD/NRCS DWR CO- Animal Feeding Operations Unit WSRO Files