760023_CORRESPONDENCE_20171231

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❑ Agent
❑ Addressee
C. Date of Delivery
D. Is delivery address different from Item 17 ❑ Yes
' If YES, enter delivery address below: ❑ No
Mr. Keith Hockett
,1001 Hockett Dairy Road
Randleman, NC 27317 i
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Domestic Return Receipt

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UNITED STATES RVICE First -Class Mail
Postage & Fees Pdld
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M TZI Permlt No. G-90
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• Sender: Please print your name,, addre_ss,_and ZIP+4® in this box"
DIVISION OF WATER QUALITY
N. C DEPT OF ENVIRONMENTAL QUALITY PECFIVEb
450 WEST HANES MLL ROAD, SUITE 300 N Dept. of E�
i WINSTON-SALEM, NC 27105 DEC 14 215
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Charles Wakild, P.E. Dee Freeman
Governor
Director Secretary
February 21, 2012
Keith L. Westmoreland
T. M. Westmoreland & Sons
13434 Westmoreland Road
Huntersville, NC 28078
Subject: Permit No. AW1600009
T. M. Westmoreland & Sons
Animal Waste Management System
Mecklenburg County
Dear Keith L. Westmoreland:
In accordance with your February 20, 2012 request for a zero animal permit, we are hereby forwarding to
you this Permit issued to Keith L. Westmoreland authorizing the operation of the subject animal waste
management system. You had requested to drop the animal population at this facility to zero until such
time as the waste storage lagoon at this facility is properly closed, as you no longer wished to maintain it
as an active cattle farm.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste structures on the T. M. Westmoreland & Sons, with an annual capacity of no greater than
an annual average of zero (0) cattle.
The Permit shall be effective from the date of issuance until January 31, 2017 and replaces the COC No.
AWC600009 issued to this facility on October 1, 2009. You are subject to the conditions of this permit
until the closure of all waste storage basins and the rescission of this permit. You must submit a letter to
the Division of Water Quality to request rescission of the Permit by providing documentation of closure
of all containment basins.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property }rights
in either real or personal property.
Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards, a 100-ft 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 Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the
Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone]M FAX: 91M07-6492
Intemet: www.ncwaterguelity.org
o ne
NCarolina
Naturally
An Equal Opportunity 4 Affirmative Action Employer

If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an
application for renewal must be filed at least 180 days prior to expiration.
This Permit is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
This facility is located in a county covered by our Mooresville Regional Office. The Regional Office
Aquifer Protection Staff may be reached at [phone]. If you need additional information
concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at
[phone].
Sincerely,
for Charles Wakild, P.E.
Enclosures (Record -Keeping Forms Package)
cc: Mecklenburg County Health Department
Mecklenburg County Soil and Water Conservation District
Mooresville Regional Office, Aquifer Protection Section
AFO Unit Notebooks
Permit File AWI600009

• 0
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
INDIVIDUAL CATTLE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Keith L. Westmoreland
Mecklenburg County
FOR THE
continued operation and maintenance of an animal waste management system for the T. M.
Westmoreland & Sons located in Mecklenburg County, consisting of zero (0) cattle and the application to
land as specified in the Facility's Certified Animal Waste Management Plan (CAWMP).
This permit shall be effective from the date of issuance until January 31, 2017 and shall be subject to the
following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The animal waste management system operated under this Permit shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of pollutants
to surface waters, wetlands, or ditches. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in accordance with Natural Resources
Conservation Service (MRCS) Standards and does not result in a discharge of waste to
surface waters, wetlands, or ditches. If the Facility has a discharge of waste that reaches
surface waters or wetlands resulting from a storm event more severe than a 25-year, 24-
hour storm, it will not be considered to be in violation of this Permit, as long as the
Facility is in compliance with its CAWMP and this Permit.
2. No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, Subchapter 213, Section .0200 of the North Carolina
Administrative Code (NCAC) and Title ISA, Subchapter 2L of the NCAC.
The facility's CAWMP is hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards
(federal, state and local) in effect at the time of siting, design, and certification of the
Facility.
4. Any proposed increase or modification to the annual average that exceeds the thresholds
set by North Carolina General Statues (NCGS) 143-215.1013(1) will require a
modification to the CAWMP and the Permit prior to modification of the Facility.

5. Animal waste shall not be applied within one hundred (100) feet of any well, with the
exception of monitoring wells. The allowable distance to monitoring wells shall be
established on a case -by -case basis by the Division.
II. OPERATION AND MAINTENANCE REQUIREMENTS
l . The collection, treatment, and storage facilities, and the land application equipment and
fields shall be properly operated properly and maintained at all times.
A vegetative cover shall be maintained as specified in the Facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP.
Soil pH on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the agronomic rate of the nutrient of concern for the receiving
crop. In no case shall land application rates result in excessive ponding or any runoff
during any given application event.
5. If manure or sludges are applied on conventionally tilled, bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pastures, or fields where crops are actively
growing.
6. Pesticides, toxic chemicals, and petroleum products shall not be disposed of in the animal
waste management system.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste management system. Washdown of stock trailers
owned by and used to transport animals to and from the Facility only'will be permissible
as long as the system has been evaluated and approved to accommodate the additional
volume. Only those cleaning agents and soaps that are EPA -approved according to their
labels, will not harm the cover crop, and will not contravene the groundwater standards
listed in 15A NCAC 2L may be utilized in the Facility covered by this Permit.
Instruction labels are to be followed when using cleaning agents and soaps.
Disposal of dead animals resulting from normal mortality rates associated with the
Facility shall be done in accordance with the Facility's CAWMP and the North Carolina
Department of Agriculture and Consumer. Services (NCDA&CS) Veterinary Division's
statutes and regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste
lagoons/storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.

10. A protective, vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embankments (outside toe of embankment to maximum pumping
elevation), berms, pipe runs, and diversions to surface waters or wetlands. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the lagoon/storage pond
embankments. All trees shall be removed in accordance with good engineering practices.
Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed
in accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
provisions must be taken to prevent damage to the lagoon dikes and liner.
12. . Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The Facility must have at least one of the following items at all times: (a) adequate
animal waste application and handling equipment, (b) a lease, or other written agreement,
for the use of the necessary equipment, or (c) a contract with a third party applicator
capable of providing adequate waste application.
14. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach surface waters or wetlands.
15. The Permittee shall maintain buffer strips or other equivalent practices as specified in the
Facility's CAWMP near feedlots, manure storage areas, and land application areas.
16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application:
17. Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the decision to land apply waste.
18. Land application activities shall cease on any application site that exceeds a Mehlich 3
Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater
than 3,000 (213 pounds per acre).
19. Any major structural repairs to lagoons/storage ponds must have written documentation
from' a technical specialist certifying proper design and installation. However, if a piece
of equipment is being replaced with a piece of equipment of the identical specifications,
no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the
gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the
replacement involves disturbing the lagoon/storage pond embankment.
III. MONITORING AND REPORTING RE UIREMENTS
An inspection of the animal waste collection, treatment, and storage structures, and
runoff control measures shall be conducted and documented at a frequency to insure
proper operation For example, lagoons/storage ponds, and other structures should be
inspected for evidence of erosion, leakage, damage by animals or discharge.

0
2. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. The
waste level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by, or approved by, the Division.
3. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and
zinc, shall be conducted on each application field receiving animal waste at least every
three (3) years. An analysis 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.
This analysis shall include the following parameters:
Nitrogen Zinc
Phosphorus Copper
4. The Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittee shall also
record removal of solids and document nutrient loading rates if disposed on -site or record
the off -site location(s). These records must be on forms supplied by, or approved by, the
Division.
If, for any reason, there is a discharge from the animal waste management system
(including the land application sites), to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition III. 9. The discharge
notification shall include the following information:
a. Description of the discharge: A description of the discharge including an estimate of
the.volume discharged, a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste. Also, an estimation of
the volume discharged.
b. Time of the discharge: The length of time of the discharge, including the exact dates
and times that it started and stopped, and if not stopped, the anticipated time the
discharge is expected to continue.
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused
by a precipitation event, detailed information from the on -site rain gauge concerning
the inches and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken
to prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition I11. 3.
6. A copy of this Permit, the Facility's permit, certification forms, lessee and landowner
agreements, the CAWMP, and copies of all records required by this Permit and the
Facility's CAWMP shall be maintained by the Permittee in chronological and legible
form for a minimum of three (3) years.

7. Within fifteen (15) working days of receiving the request from the Division, the
Permittee shall provide to the Division one (1) copy of all requested information and
reports related to the operation of the animal waste management system. Once received
by the Division, all such information and reports become public information, unless they
constitute confidential information under North Carolina General Statutes (NCGS) 132-
1.2, and shall be made available to the public by the Division as specified in Chapter 132
of the NCGS.
8. The Division may require any additional monitoring and reporting (including but not
limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond
levels and plant tissue) necessary to determine the source, quantity, quality, and effect of
such waste upon the surface waters, groundwaters or wetlands. Such monitoring,
including its scope, frequency, duration and any sampling, testing, and reporting systems,
shall meet all applicable Division requirements.
9. Regional Notification:
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 occurrence of any of the following events:
a. Any discharge to ditches, surface waters or wetlands.
b. Failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V. 2. of this Permit.
Over applying waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters or wetlands.
d. Failure of any component of the animal waste management system resulting in a
discharge to surface waters or wetlands.
Any failure of the animal waste management system that renders the Facility
incapable of adequately receiving, treating or storing the waste and/or sludge.
f. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat
to the environment or human safety or health.
For any emergency, which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within five (5) calendar days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written report may not
be waived by the Division Regional Office.

IV. INSPECTIONS AND ENTRY
The Permittee shall allow any authorized representative of Department, upon the
presentation of credentials and other documents as may be required by law and in
accordance with reasonable and appropriate biosecurity measures, to:
a. Enter the Permittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
c. Inspect, at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this Permit;
and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance, any substances or parameters at any location.
V. GENERAL CONDITIONS
1. The issuance of this Permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surface water, wetlands, groundwater and air quality
standards or for damages to surface waters, wetlands or groundwaters resulting from the
animal operation.
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
Facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds
must not exceed the level that provides adequate storage to contain a 25-year, 24-hour
storm event plus an additional one (1) foot of structural freeboard except that there shall
be no violation of this condition if: (a) there is a storm event more severe than a 25-year,
24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at
least one (l) foot of structural freeboard.
Any containment basin, such as a lagoon or a storage pond, used for waste management
shall continue to be subject to the conditions and requirements of this Permit until
properly closed. When the containment basin is properly closed in accordance with the
Natural Resource Conservation Service (MRCS) North Carolina Standard for Closure of
Waste Impoundments, February 2005 or any subsequent amendment, the containment
basin shall not be subject to the requirements of this Permit. The Permittee must submit a
letter to the Division to request rescission of the Permit by providing documentation of
closure of all containment basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within fifteen (15) days of completion of closure.

4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for revocation
of its COC to operate under this Permit.
This Permit is not transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of
Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate.
6. The issuance of this Permit does not prohibit the Division from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
appropriate laws, rules, and regulations.
7. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A
NCAC 02T .0 11l (c). An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division
in addition to the penalty provisions applicable under the NCGS.
VI. PENALTIES
1. Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law; may subject the Permittee to an enforcement
action by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties, and injunctive relief.
2. The Permittee must comply with all conditions of this Permit. Any Permit
noncompliance constitutes a violation of state law and is grounds for enforcement action;
for Permit coverage termination, revocation and reissuance, or modification; or denial of
Permit coverage renewal application.
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this Permit.
This Permit issued the 21st day of February, 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
North Carolina Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number AWI600009

Rosebrock Melissa •
From: [e-mail]
Sent: Friday, August 25, 2017 7:43 PM
To: Rosebrock, Melissa -4Y 7 i/ - Z 3
Subject: spreader calibration
Attachments: bookshare.xlsx
Hi Melissa,
Here is the spreader calibration. It is done with excel. Please let me know if you get it ok or if I need to resend it or send it
another way. Will I need to send the bullet points to you so you can pass them on one of the ones you sent copies of your
email to or just contact one of them? Also because there will be changes on my farm for the next several years that may affect a
waste plan, who'might be best to handle changes? Hope you know what I mean.
Thank you
Clifford Loflin

Calibrating Liquid Manure Spreader Using the Load- Area Method
Step 1 Capacity of Manure Spreader in gallons 4800 4800 4800
Step 2 Spread at least one full load using the regular spreading pattern of the applicator
Trial #1 Trial #2 Trial #3
b. Tractor gear used 1 1
c. RPM desired 2200 2200
d. spreader gate setting NIA NIA NIA
Step 3 Measure the area of spread
e. Spread area width (in ft.)
f. Spread area length (in ft.)
g. Spread area (in sq. ft.)
h. Spread area (in acres)
41 40
455 460
18655 18400 0
0.4282599 0.4224059 0
Step 4 Compute the manure application rate
i, Number of loads spread 1 1
j. Capacity per load (in gallons) 4800 4800
k. Total manure spread (in gallons) 4800 4800 0
1. Application rate (gallacre) 11208.148 11363.478 #DIVIO!
Step 5 Compute the nutrient application rate
m. Manure analysis (lbs.11000 gallons) Nitrogen P205 K20
0.41 0.41 1.39
n. Application rate (lbs.lacre)
Nitrogen
P2O5
K2O
Date: 8/2512017
4.59534
4.65903
#DIVIO!
4.59534
4.65903
#DIV/O!
15.5793
15.7952
#DIVIO!

0
Rosebrock, Melissa
From: Homewood, Sue
Sent: Monday, February 27, 2012 3:07 PM
To: Rosebrock, Melissa
Subject: RE: loflin dairy - randolph
[e-mail]
Can't find her number anywhere, but it should be on ESP's website.
Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
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: Monday, February 27, 2012 2:54 PM
To: Homewood, Sue
Subject: RE: Win dairy - randolph
Thanks! Yes, please provide.
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterguality.org
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Low and may be disclosed to third parties.
From: Homewood, Sue
Sent: Monday, February 27, 2012 2:29 PM
To: Rosebrock, Melissa
Subject: loflin dairy - randolph
There's still another one I'm thinking about.
Kristie is the contact for Loflin dairy, if you need her contact info let me know.

Sue Homewood
NC DENR Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
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.

SECTION 19.(d) The Building Code Council, the Department of Health and
Human Services, and the Commission for Public Health shall jointly study the requirements
for installation of carbon m onomde detectors in lodging establishments, enacted by subsections
(a), (b), and (c) of this section, in order to determine whether the requirements are adequate to
protect the health and safety of the ' traveling public. At a mini the Council, the
Department, and the Commission shall study the requirements for placement of detectors and
evaluate whether sufficient coveraged,anprovided to�and occupants �
establishment. The Council, the and the ion report their
and recommendations to the General Assembly no later than April 15, 2014_
SECTION 19.(e) This section is effective. when it becomes law, except that (i)
subsection (b) of this section becomes effective October 1, 2013, and expires October 1, 2014;
and (u) subsection (c) of this section becomes effective October 1, 2014.
LAGOON CLOSURE RULE
SECTION 20.(a) The defmitions set out in G.S. 143-212, 1.5A NCAC 02T .0103
(Definitions) and 15A NCAC 02T .1302 (potions) apply to this section.
SECTION 20.(b) 15A NCAC 02T .13006 (Clasune Requirements). — Until the
effective date of the revised rule that the Commission is required #o amp#
to Section 20(d) of this act; t Ccua=mM scion and the Department sha11 implen tt 5t Nm AC
02T .1306 Closure irt=ts) as provided in Section 20(c) of this act.
CiTON" 0.(c) Implementation. — Notwithstanding 15A NCAC 02T .1306
(Closure Requirements). any containment basin. such as a lagoon or a waste storyge structure,
permitted at a cattle facility under the Section 1300 Rules, shall continue to be subject to the
conditions and requirements of the farilitys permit until that permit is rescinded by the
Division. Upon request of the permittee, the permit may be rescinded by the Division prior to
closure of the containment basin if the average sue of the cow cattle herd at the cattle
facility, calculated on an annual basis during the three years prior to the r t for rescission,
is less than one hundred confined cattle. Upon permit rescission, alfo�f the following
requirements
shall T�ply. �(1) The cattle facility shalt be subject to the requirements of 15A NCAC 02T
.1303 (Permitting By Regulation) and 15A NCAC 02T .0113 (Permitting By
Regulation) until the containment area is Closed in accordance with
standards adopted by the MRCS.
(?) The farm o%mes shall maintain records of land application and weekly
records of containment basin waste levels on forams provided by or approved
byy the Division
(3) Closure shall include prenotification to the Division and, within 15 days of
completion of closure, submittal of a closure farm supplied by the Division
of closure forms approved by the Division that provide the same mfinmation
required by the fomm omplied by the Divisiam
The Division shall have the authority i7dVny a request for permit rescission based on the
factors set out in subsection e) of 15A NCAC 02T .0113 (Permitting By Regulation).
SECTION 20.(d) Additional Rule -Making Authority_ — The Commission shall
adopt a rule to amend 15A NCAC 02T .1306 (Closure. Requirements) consistent with Section
20(c) of this act. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission
pursuant to this section shall be substantively identical to the provisions of motion 20(c) of this
act. Rules adopted t to this section are not subject to Part 3 of Article 2A of Chapter
150B of the Statutes. this
adopted pursuant to this section shall become effective as
provided in G.S. 150B-21.3 1 as though 10 or more written objections had been received as
provided by G.S. 150B-21.3
SECTION 20.(e) Sunset. — Section 20(c) of this act expires on the date that rules
adopted pursuant to Section 20(d) of this act become effective_
Page 18 Session Law 2013-413 House Bill 74-Ratified

RE: Loflin Dairy imap:[e-mail]:143/fetch%3EUID:
Subject: RE: Loflin Dairy
From: "Barton Roberson" <[e-mail]>
Date: Thu, 11 Dec 2003 11:22:17 -0500
To: "'Melissa Rosebrock"' <Mel is [e-mail]>
Melissa,
Loflin: we've planned thru EQTP w/ him to release that water out into a
system that will be similar to that of a "septic system" Graveled areas
will be larger 1 think that traditional systems for septic. The milk
"clogging"..well, who knows. Don't think we will be dealing w/ PURE mile.
This is in the early stages of our "design".. time will tell.
-----Original Message -----
From: Melissa RosebrockImailto:[e-mail]]
Sent: Thursday, December 11, 2003 7:40 AM
To: Barton Roberson
Subject: Loflin Dairy
Hey Barton,
Wayne told me yesterday that he is installing a septic system to handle
the milk -bottle wash waste, is this correct? You may have mentioned
this to me but my memory failed met Does he need approval from the
county health dept. ?? Seems like the milk waste would clog the tail
lines??
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street ;.
Winston-Salem, NC 27107
Voice: [phone] ext 265
L
FAX: [phone]
I of 1 12/12/2003 8:39 AM

O�OF W A r�iy G Michael F. Easley
Governor
UJ 7� William G. Ross Jr., Secretary
3_ . I Department of Environment and Natural Resources
-Ic Alan W. Klimek, P.E. Director
Division of Water Quality
April 29, 2003
Mr. Clifford Loflin
2410 Loflin Dairy Road
Sophia, NC 27350
SUBJECT: Retraction of Notice of Violation
Loflin Dairy
Farm # 76-23
Randolph County
Dear Mr. Loflin:
On April 17, 2003, you were sent a Notice of Violation for having high freeboard in your
lagoon. Because there was a misunderstanding as to the level of the freeboard marker and you
actually had more than nineteen inches, this Notice of Violation is hereby retracted and has been
removed from your file.
We apologize for any inconvenience this has caused you. If you have any questions, please
call Steve Lewis at 733-5083, ext. 539.
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
[Win'ston-Salem.Regional_Off'ice
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1.877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affimmative Action Employer
50 % recycled / 10010 post -consumer paper
http://h2o. enrstata.nc. us

rf�j,q]F Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
QG North Carolina rtment of Environment and Natural Resources
�] Alan W. Klimek, P.E. Director
Division of Water Quality
TO:
NC Department of Environment and Natural Resources
Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, NC 27107
[phone] Fax [phone]
Qr10
FAX NO.: 336. 6o2q- 6165�
FROM: � le / 155e� -J-2 05 e b roC-IL
DATE: —
NUMBER OF PAGES (including this page):
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone]
WN
7l R
Customer Service
1 B00 623-7748

AoF W rE9Q Michael F. Easley
Governor
William G. Ross Jr., Secretary
> Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 23, 2003
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Wayne Loflin
2410 Loflin Dairy Road
Sophia NC 27350
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Loftin Dairy
#76-23
Randolph County
Dear Sir or Madam:
RECEIVED
N.C. Dept. of EHNR
MAY 0 1 2003
Winstct�-Salem
Regiunai Office
On March 6, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on February 21, 2001. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assistus in our review, please provide the Winston-Salem Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone [phone] Location:
1-977-623-6746 1617 Mail Service Center Fax [phone] N. Salisbury St., -
Raleigh, North Carolina 27699-1617 Stale Courier #52-01.01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http.-11h2o.enr.state.nc.us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Winston-Salem Regional Office at the
following address no later than 10 days following receipt of this letter.
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Winston-Salem Regional Office Staff at
[phone].
Sincerely,
an W. Klimek, P.E.
Director
cc: Winston-Salem Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

` Information contained in this tabase is from non agency sour ' and is considered unconfirmed.
r 41 4v
Farm Emergency Call Form
DWQ Facility Number
76 — 23
Date
3/6/2003
Farm Name
JlLoflin Dairy
Time
Owner First Name
ayne
Control Number
P399
Owner Last Name
Loflin
Reporting O Complaint
Source
Plan Due Date
Date Plan Date Freeboard
Inches (? equals blank)
Received Level OK
Breached
O Yes 0 W07 Freeboard Lagoon'!
31 ?
Depopulated
O Yes 0 NO Freeboard Lagoon2
Overflowed
O Yes O NO
Freeboard Lagoon3
?
LQ Issue
O Yes ONO
PermissionToPump
Freeboard Lagoon4
O Yes No
?
Inundated
O Yes OQ No Freeboard Lagoons
?
Flooded
O Yes ONO Freeboard Lagoon6
?
Pumping Equipment
OO Yes ONO
Comments
/.G 0.3.-..Opeirato.r..called..to..report.that.the..wasta.in..the.W.SP....was..at.the..max..liqui.d.............
ark.....NoT.QA..sentw..MR..................................................................................................................................................................
3/.11.1,03..-.JNS.P.Ja now.2"..ta..�".aboy.e..max.1.iquid..l.ey.e.l..rraar.k,..MR.................................................
3/17/03 - WSP is below max liquid level mark. MR
"..b.elcw..rrpax.liquid..mark..MR'...b.elo.w..max.liquid..mark..MR ............................................................................................. ...........................................................
..1.4.1.03n.A-..Nc..P..Q,A,.; cnl.aince. asto..was..h lcw.xn,a�..laefprsK..11.11. R�?..Gould...send..P..QA..in......
y
1. aj.1e..1.Y.SR.............................................................................................................................................................................................................
.................................................................................................................................................................................................... I..... I.......................
1. 3IA.3.,-..T.c hni.Gal..s.peGialist., E rt n..Reber. Q ..G.ail.a.d..ta..say1hat..Qperalor-had...................
..1.9-hrhu.Qf..............
xeeb.card..(f ram..waste..l.auel..to. top..of...conerete..w.aJl).instead.Qf..3.1".....T.herefore,..facility.....
as..NlMul�.k3.�yar..tha."Garractad':..m z�rngym.liquid..1.a�raL,...I Q..Iu{.V...shauld.have..h.e.an.........
..of...this..loday.,....MR..........................................................................................

Information contained in this database is from non agency sources and is considered unconfirmed.
Animal Operation Telephone
DWQ Facility Number F 701 —� Date
Farm Name [ O i I�11 V F' Time
Caller's Name I Control Number 357
Reporting O Complaint Region 5 �0
Caller's Phone #
Access to Farm
Lap-oon Ouestions
Breached 10 Yes No
Farm Accessible
from main road
Yes O NO
Inundated 10 Yes No
Overtopped 10 Yes No
Animal Po ulation
Water on Outside Wall O Yes Na
Confined
liyYes O No
Dike Conditions O Yes No
Depop
10 Yes 3KNo
Feed Available
N Yes O No
Freeboard Level
Freeboard Plan Due Date
Date Plan Date Freeboard
Mortality
10 Yes C No
Inches (7 equals blank)
Received Level OK
Lagoonl
Spray Availability Lagoon2
Pumping Lagoon3 I
Equipment Yes O No
Lagoon4
Available O Yes No
Fields Lagoons
Lagoon6
............... .................
..........Ol.......'4'11�...........m �,�G,..�.....1.�.. .:�.1.�.....�1 �-i!�.�...�.............................. �....��i1-�.r....�!l iar...........................
..........................................._......................................... � ..r1.... ....a...................... .,............,.... . ...........
............s..P......j....... r)Q.c).............-., ........Q.......rx�.�,�c.m.uxin......(.�.0 �j..... v .�...�.... .........
...... ............................. �................ ... ................ ,......... w..... ..
b:............ :..:.......... :c:::::::.:: , .:.....:l..g..�..:::::. �::I :::::::::......::::::......::::::::::::::::::::
............................................:...................................................................r.....i........... ....... ...... ...............
3.. ..,, 3..........G�....� .......... V' . t..i..'...........JX.i0.0......kAa ........ I.g.u.1..... MAA.V........................................................................
............................................................................................ ...........................
5tp..:.....c�:.....s..Q .....::::�......... ..4::..0:3.......:: .b.�:......S�t:::s.�n.� ..... .. r�ro
..................................... .......... : �.. ...... .R .....�e�. �.c . ...... f ::::Lm.....Mlc �.....�...[ t.�'s,.,t.........
......................................................................................................................................................................................................................................................................................
- G :f is t a - its ^s� -. 7 si•a , cs >Y f`. c->zTr,( L' �ssSK;'r?st> <t:Ss: Y<'72.:c�[sisT>,�rnstss• 7 t fi fvi.t'rfs :ro'iz>?. � ss ;,,:izr' �;5 rstr- 17rr+>.>•s' Zi.. s 3 2 nz
person taking tally
4 >ry
�, r.. � ;q..>f ,. > .y r • ��� .� . ri ��r>;3 �z. . � a p3F >5..; t 3. > .•:fir. � 4f:Rt.;r, l; �,;„ r .f:;s >p. u.>>i .; �sit;� .qi � .,,f ; f. �fy 1r rf Frt S '�lF s ,;,��fs tt �s._ at <�af tt.. i;t. (�} Sf F r. S
�f 'k i F :1 , .. f.y, .z{•._, yt,;5{r .s�?'.:f+�•r. rtf d?'�t �ik'�.�:sf v:• .'.�,':� f�> Si .;:f. {. <��5 f f�,...#j: t;% fsS.�:,r�. }sy<: ns- 4S
Comments2

#76-23 Loftin Dairy
Subject: #76-23 Loftin Dairy
Date: Thu, 18 Jan 2001 10:24:38 -0500
From: Melissa Rosebrock <[e-mail]>
Organization: NC DENR Winston Salem Regional Office
To: theresa nartea <[e-mail]>
Clifford just called me to say that Barton had just completed his revised WUP yesterday and he wanted to
look it over before sending it to you by the end of next week. Your letter had ask him to submit it to you
by tomorrow. I told him to also call and let you know. Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265 r'
FAX: [phone]
1 of 1 1/18/2001 10:24 AM

State of North Carolina*
Department of Environment rand Natural Resources ►
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director INORTH CAROLINA DEPARTMENT OF -
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
-- December 20, 2000 N.C. Dept, of EHNR
WAYNE LOFLIN JAN _ 2 2000
LOFLIN DAIRY
2410 LOFLIN DAIRY ROAD
SOPHIA NC 27350 Winston-Salem
Regional Offioo
Subject: Application No. AWC760023
Additional Information Request
Loflin Dairy
Animal Waste Operation
Randolph County
Dear Mr. Loflin:
After completing a preliminary engineering review of your application in early September, I
contacted your technical specialist Mr. Barton Roberson at NRCS regarding an amendment to your
current waste utilization plan, in that call he stated that he would make the plan change and mail it to me.
Later, in a phone call dated September 13, 2000, Mr. Roberson said that he had completed the
amendment and would have you sign the corrected waste utilization plan. However, I have not received
this amended waste utilization plan. This additional information is required before we can continue our
review.
In order to assure that you are personally contacted regarding this minor correction to your
current waste utilization,plan, I am sending you this additional information request. Could you please
address the following by January 19, 2001:
The initial issue brought up to Mr. Roberson, was that your manure was described as a
solid in Tons, rather than as a liquid, in gallons. This discrepancy appeared to be
important since you apply the manure with a honeywagon, and not a spreader. This was
going to be corrected by Mr. Roberson when we spoke earlier. Can you please verify
whether this was done?
The following items are deficiencies noted as I continued my review:
2. Your Waste Utilization Plan (WUP) states that you have 180 days of temporary storage
this appears incorrect, since your supporting waste storage tank documents and certified
storage volume show that you have 124,580 cubic feet of storage available. In order to
have 180 days of storage, our calculations show that you would need to provide 161,471
cubic feet of storage. Please have your technical specialist review your WUP and address
this issue.
1617 Mail service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Application No. 76-0023
CIifford Wayne Loflin
Page 2
3. Your Waste Utilization Plan (WUP) is missing the required specifications numbered 10
through 23. It appears that you did not copy those pages. Please review your farm copy
to find these missing pages. The required specifications begins on page 9 of your current
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.
NCDENR-Non Discharge Permitting Unit (attn: Theresa Nartea)
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The information requested by this letter must be submitted on or before January 19, 2001 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 [phone], ext. 375.
Sincerely,
Theresa Nartea
Soil Scientist
Non -Discharge Permitting Unit
cc. Winston-Salem Regional Office; Water Quality -
Permit File

�J''._�5-.� •:ads:-..:.�-
F
NCDENR
I.�.1,_
JAMES B.HUNTJR.
GOVERNOR �
BILL,HOLMAN
was:'=uAe
r �`TM`�YSiM�i
����
•
1�
-.�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 15, 2000
CERTIFIED MAIL 7099 3220 0006 8502 6506
RETURN RECEIPT REQUESTED
Mr. Clifford Loflin
2410 Loftin Dairy Road
Sophia, NC 21323
SUBJECT: Notice of Violation
Compliance Inspection
Loflin Dairy, #76-23
Randolph County
Dear Mr. Loflin:
WINSTON-SALEM REGIONAL OFFICE
I
The purpose of this letter is to summarize the findings of your compliance
inspection conducted November 7, 2000. Melissa Rosebrock of the Division of Water
Quality Winston-Salem Regional Office performed the inspection. While the storage
capacity in your waste storage pond is more than adequate and the waste application
records were excellent, there is another issue that warrants your attention.
On the date of the inspection, Ms. Rosebrock noted a 2 to 3 inch PVC pipe
coming from the area of the upright silo next to the barn and discharging into a drainage
ditch. There was past evidence of wash water or "gray water" in the ditch, which was
confirmed to have come from the washing machine and a sink in the home. This drainage
ditch, containing domestic and silage wastewater, ultimately discharges in Bob Branch,
Class WS-ZV* waters, of the Cape Fear River Basin. 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. Should you have questions regarding how to initiate the
connection of the wash and sink water to a septic system, please contact the Randolph
County Health Department at [phone] for assistance. For assistance regarding the
control of the silage wastewater discharge, please contact the Randolph County Soil and
Water Conservation District office at [phone].
585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE[phone] FAx[phone]
DENR CUSTOMER SERVICE CENTER 1-B77.623.6748
AN EQUAL OPPORTUNITY / AFFIRMATIVE EMPLOYER - 50% RECYCLED/10% POST-CON&UMER PAPER
39/7 r. �

Loflin Dairy
November 15, 2000
Page 2
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 [phone].
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Mike Walker, Environmental Health Supervisor -Randolph County Health Dept.
Randolph County-SWCD
Jerry Dorsett-SWCD WSRO
)*SKOIFacility: ki}es
Central Files

i SENDER:
I also wish to receive the
1 e Canrplate items 1 and/or 2 for additional servlcea.
uJiMlets items 3, 4a, and 4b.
following services (for an
urruname and address on the reverse of this form so that we we can return this
extra fee):
■ ch this form to the front of the mailplece, or on the hack if space does not
1. ❑ Addressee's Address
i R.
■ �te Rerum Recelpr Regrrested'on the mallptece below the artiste number.
2. ❑ Restricted Delivery
! ■ The Am Receipt w11l show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
1;
i 3. Article Addressed to:
4a. Article Number 176 HA4 O
-- - - - -
d
¢
4b. Service Type
3
Mr Clifford Loftin
'
p Registered Certified
2410 Loftin Dairy Road
❑ Express Mail ❑ Insured
Sophia NC 21323
Return RewV for Merdwi dlse ❑ CAD
I. Date of Delivery
5. Reopived By: (P 'nt Name)
r
8. Addressee's Address (Only If requested
,r
4
and fee is paid)
m
A Cinneh— d--- #1
PS Form 3811, beaembe(1994
102595-9e-8-OM Domestic Return Receipt

Z 1 R f First-ChW.MaII
UNITED ST ATEs PosTAL SERVICE Q w 4. . , Postage & Fees. Paid
"uses
Permit No.
• Print your n adre , and ZIP Codesin.this:box • �
NC DENR
WATER QUALITY SECTION —� �j
585 WAUGHTOWN STREET
WINSTON SALEM NC 27107,.22.4,1
- 10
t� �!!'.�!#I!!!ll!l��il!E1�IEt't!'!1lE1lI11Ef1lIi�E1il�!lIFT!!til�k

0l"
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Loflin
Loflin Dairy
2410 Loflin Dairy Road
Sophia NC 27350
Farm Number: 76 - 23
Dear Wayne Loflin: kanb I f h
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
July 11, 2000 RECEIVEDN.C. Dept. of EHNR
JUL 12 2000
Winston-Salem
Regional office
You are hereby notified that Loflin Dairy, in accordance with G.S. 143-215.10C, must apply for coverage under an
Animal Waste Operation Genera] 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 othee6nforcement 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
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call Sue Homewood at [phone] extension 502 or
Melissa Rosebrock with the Winston-Salem Regional Office at [phone].
Sincerely,
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] . FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Caro
Department of Env>i nment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Wayne Loflin
Loflin Dairy
2410 Loflin Dairy Road
Sophia NC 27350
Dear Wayne Loflin:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999 R F r E r V E D
N.C. bt:pl. of EHNA
JAN 0 5 2000
Winston-Salem
Regional Offloo
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 76-23
Randolph 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. IRRI,IRR2, DRY], DRY2, DRY3, SLUR1, SLUR2,
SLDi, 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
Iiability 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 [phone] ext. 571.
Sincere
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Randolph County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/I0% post -consumer paper

.0
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Loflin
Loflin Dairy
2410 Loflin Dairy Road
Sophia, NC 27350
Dear Mr. Loflin:
G�r��
W MAI
400
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT �Nj7_,NATURAL RESOURCES
June 11, 1999 RECEIVED
C.1Dept. of EHNR
JU N 2 3 1999tt
,v4 i n st c,n --�I cm
,R,gio,yjal. Office
Subject: Special Agreement for
Farm No.: 76-23
Loflin Dairy
Randolph County
This is to inform you that this office has not yet received a completed certification form for
the subject facility's animal waste management system. Your Special Agreement with the
Environmental Management Commission (EMC) required you to obtain and implement a
Certified Animal Waste Management Plan (CAWMP) for the subject facility April 15, 1999.
If you have obtained and implemented a CAWMP and have mailed the completed certification
to the Division of Water Quality (DWQ), please contact Ms. Sonya Avant at [phone] ext.
571 for assistance. If you have not submitted a CAWMP certification form to the DWQ, please
do so within 60 (sixty) days of your receipt of this letter. Please mail your completed certification
form to the attention of "Shannon Langley" at the letterhead address.
As of the date of this letter, in accordance with the terms of the Special Agreement you
entered into with the EMC, the stipulated penalties due total $25,700.00. This amount increases
by $500.00 everyday. In addition to a completed certification form, please also submit, in writing,
your reasons for noncompliance with the terms of your Special Agreement with the EMC. I will
review these responses in determining whether to require full, partial or no payment of the above
mentioned penalties. Further, please be advised that failure to submit a complete and acceptable
certification of the subject facility's animal waste management plan within 60 (sixty) days of your
receipt of this letter will result in my referring this matter to the Attorney General's Office for
further action in Superior Court. Any action taken by the Attorney General's Office will not
absolve you of stipulated penalties for noncompliance with your Special Agreement.
P.O. Boa 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Wayne Loftin
Facility Number: 76-23
June 11, 1999
Page 2
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with the State of North Carolina's Environmental
Laws and Regulations. Thank you for your immediate attention to this issue. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our
staff at .[phone] ext. 581 or Mr. Steve Lewis at [phone] ext. 539.
Sincerely,
Kerr T. Stevens
cc: Regional Water Quality Supervisor — WSRO
Shannon Langley/Special Agreement Files
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Attn: Wayne Loflin
Loflin Dairy
2410 Loflin Dairy Road
Sophia, NC 27350
Dear Mr. Loflin:
Ala
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 29, 1999
RECEIVED
N".C- Dept. of C' R
FED - 8 199q
regional;;, .�
Subject: Special Agreement
Facility Number: 76-23
Loflin Dairy Farm
Randolph County
Attached for your records is a copy of the signed Special Agreement approved by the
Environmental Management Commission.
The terms and conditions of the Special Agreement are in full effect. If you have any
questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733-
5083, extension 581.
Sincerely,
r
4APreston Howard, Jr., . .
ATTACHMENTS
cc: stor'Salem-Regional=Office w/attachment -
Randolph County Soil and Water Conservation District w/attachment
Facility File w/attachment
Central Files w/attachment
Shannon Langley w/original attachment
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

• NORTH CAROLINA 9 A �1 <Ay1 0 u JYev1 Jfw, s
ENVIRONMENTAL MANAGEMENT COM SSION
COUNTY OF RANDOLPH
IN THE MATTER OF
WAYNE LOFLIN
SPECIAL AGREEMENT
FACILITY NUMBER: 76-23
PC; 0�3
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Wayne Loflin, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H ,0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph l(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by April 15, 1999.

Farm Number: 76-23
Special Agreement
Page 2 _ / 3
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the.
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 76-23
Page
Agreement
P
g
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Loflin Dairy
,L / /
Print Nariie'OFOWner
.1-kDate
Sign re of O n
For the North Carolina Environmental Management Commission: +
Date
Ao Chairman of the Commission

State of North Carolin*
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E.,.Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Loflin
2410 Loflin Dairy Road
Sophia, NC 27350
Dear Mr. Loflin:
I W,
0 a
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 11, 1999 F••
Aff-u" 1E1VF J
,C. Dept. of FHNA
t JAN 1 9 1999
Winston-,SaIQm
Regional 0-1fice
Subject: Special Agreement
Certified Animal Waste Management Plan
Loflin Dairy
Facility Number: 76-23
Randolph County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 4, 1998, and your correspondence received on
August 5 and September 23, 1998, the Environmental Management Commission (EMC) hereby
proposes to enter into a special agreement with Wayne Loftin in order to allow additional time
for Wayne Loflin to obtain and implement a certified animal waste management plan (CAWMP)
for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North
Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates
and conditions of this agreement that are not met shall be subject to civil penalties, criminal
penalties, injunctions and all other enforcement tools available to the Division,of Water Quality.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 58I or Mr. Steve Lewis at [phone] ext. 539.
Sine ly,
Preston
Attachment
cc: WSRO:Regional-Office
Shannon Langley

NORTH CAROLINA
ENVIR&ENTAL MANAGEMENT COM SION
COUNTY OF RANDOLPH
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 76-23
WAYNE LOFLIN
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Wayne Loflin, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
46 accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by April 15, 1999.

Farm Number: 76-23 •
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit'to the Director of DWQ written notice of compliance or noncompliance
therewith: In the :case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain finding will not be considered as events beyond the
. "OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 76-23
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Loflin Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

State of North Carolinfo
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
4
NCD,-. -
NORTH CAROLINA DEPARTMENT OF'
ENVIRONMENT AND NATURAL RESOURCES
CERTIFIED MAIL ' 1l D
RETURN RECEIPT REQUESTED
N.C. F.�C' .]I. S'+ '.t- NR
S I= P 1-8- 1998
Wayne Loflin September 14, 1998
2410 Loflin Dairy Road
Sophia NC 27350
p 3Egiprla'.Office
Subject: Special Agreement
Certified Animal Waste Management Plan
Loflin Dairy
Facility Number: 76-23
Randolph County
Dear Wayne Loflin:
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 4, 1998, the Environmental Management • ,
Commission (EMC) proposed to enter into a special agreement with Wayne Loflin in order to
allow additional time for Wayne Loflin to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility. That proposed agreement was received by
you on July 20, 1998 with a response to the Division of Water Quality being due by August 3,
1998. On August 5, 1998, the Division of Water Quality received a written response from you,
however, you did not sign the proposed agreement or provide the Division with an alternate
proposed timetable for obtaining and implementing your CAWMP. Therefore, the subject
facility is being operated without a valid permit and is subject to civil assessments of up to
$10,000.00 per day. If no response is received from you within 14 days of your receipt of this`
letter, staff from the Division of Water Quality's regional office will be asked to perform an
inspection of your farm. If you are found to be in operation above the threshold established by
15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated.
Please find enclosed another copy of the proposed Special Agreement. If you agree to abide
by the dates and terms of the attached schedule, you must sign, date and return the'enclosed
documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14)
calendar days of your receipt of this letter. If you have already implemented your CAWMP,
please provide us' with a response to Mr. Shannon Langley within fourteen (14) calendar days of
your receipt of this letter. -
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

0
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North
Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates
and conditions of this agreement that are not met shall be'subject to civil penalties, criminal
penalties, injunctions and all other enforcement tools available to the Division of Water Quality.
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 581 or Mr. Steve Lewis at [phone] ext. 539.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
WSRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

NORTH CAROLINA
ENVIRO NTAL MANAGEMENT COMMOSION
COUNTY OF RANDOLPH
LTff F.rl NkVj: Mr : M
} SPECIAL AGREEMENT
FACILITY NUMBER: 76-23
}
WAYNE LOFLIN
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Wayne Loflin, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. ° "OWNER"• and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997. '
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S.-.Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase -in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will fie a petition for'-
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving :
"OWNER" from any responsibility or liability for discharges of animal waste_ to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by 12/31/98.

Farm Number: 76-23 •
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of .
the reason(s) for noncompliance, remedial action(s) taken, and a statement -
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or - , .
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E). '
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 76-23 • •
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Loflin Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

State f NorthCarolina'•
Sta o
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
July 17, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Loftin
2410 Loftin Dairy Road
Sophia NC 27350
Aria
NCDENR
NORTH CAROLMA DEPARTMENT OF
EwiRONMENT AND NATURAL RESOURCES
RECEIVED
N.C. Dept. of F-HNR
J U L' 2 2 1998
Witi� to n-Salem
Rteoicwial 0ilice
Subject: Special Agreement
Certified Animal Waste Management Plan
Loftin Dairy
Facility Number: 76-23
Randolph County
Dear Wayne Loftin:
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 4, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Wayne Loflin in order to allow
additional time for Wayne Loftin to obtain and implement a certified animal waste management
plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity A11'irmative Action Employer 50 % recycled/I0 % post -consumer paper

•
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 571 or Ms. Sonya Avant at [phone] ext. 571.
Sincerely,
/3� A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge ComphancelEnforcement Unit
DWQ Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

0 NORTH CAROLINA •
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RANDOLPH '
IN THE MATTER OF )
SPECIAL AGREEMENT
FACILITY NUMBER: 76-23
WAYNE LOFLIN
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Wayne Loflin, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical to develop animal
waste management system which, once certified, will meet or exceed all
applicable guidelines and standards and will be able to comply with all aspects of
the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER". desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 76-23
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

` , 1
Farm Number: 76-23
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Loflin Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

•
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WINSTON-SAL.EM REGIONAL OFFICE
DIVISION OF WATER QUALITY
5 February 1998
Mr. Clifford Loflin
Loflin Dairy Farm
2410 Loflin Dairy Road
Sophia, NC 27350
SUBJECT: Certified Animal Waste Management Plan
Loflin Dairy Farm #76-23
Randolph County
Dear Mr. Loflin:
In the next few days, you will be receiving a certified
letter from our Raleigh Office informing you that your
facility was not certified by the December 31, 1997
deadline. In the letter, you will be asked to respond in
writing back to the Raleigh Office informing them of the
reasons why your facility was not certified by the deadline.
Attached to the letter will be an application for a
"Special Agreement". This agreement will allow you to set a
schedule for you to follow to complete the necessary
improvements or construction activities required in your
waste management plan prepared by NRCS or Soil and Water
Conservation. The'Environmental Management Commission in
Raleigh will review and approve the schedule you propose.
Please complete the application when you receive it and
return it to the address found on the last page of the.
Raleigh letter.
If you do not understand what you need to do, or need
any assistance completing the application form, please call
me at [phone] and we will work together to'make sure
all the necessary paperwork is completed.
Thanks,
W. Corey Basinger
Environmental Engineer
CC: Randolph Co. NRCS/SWCD
Central Files
`°WSRO_.. �
585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONK336-771-4600 FAX [phone]
AN EQUAL OPPORTUNITY /AFPIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER