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HomeMy WebLinkAbout760060_ENFORCEMENT_20171231NC Department of Environmental Quality ., Received ROY COOPER Governor T 0EC 0 f 2017 l , MICHAEL S. REGAN ~a¢ Secretary Winston-Salem LINDA CULPEPPER Water mental Quality Regional Office Interim Director Environmental Quality - .. November 29, 2017 Ard Koopman Koopman Dairies, Inc 204 Loyd Road Statesville, NC 28625 RE: Acknowledgment of Receipt of Payment Case No.: DV-2017-0035 Farm No.: 76-0060 Randolph County Dear Mr. Koopman: This letter is to acknowledge receipt of your check No. 35281 in the amount of $6407.52 on November 29, 2017. This payment satisfies in full the civil assessment in the amount of $6407.52 levied against Koopman Dairies, Inc. and the case has been closed. If you have any questions, please call me at (919) 807-6340. Sincerely, Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WQROS- Winston-Salem Regional Office File # DV-2017-0035 WQROS Central Files (AWS760060) < .-'Nolhing Compares'=-,,. Stale of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 NC Department of Environmental Quality Received ROY COOPER Governor NOV 1 d 2017 MICHAEL S. REGAN Secretary Water Resources Winston-Salem .. LINDA CULPEPPER Environmental Quality Regional Office :;, Interim Director November 14, 2017 CERTIFIED MAIL - #7016 2140 0000 0564 3760 RETURNRECEIPT REQUESTED Ard Koopman Koopman Dairies, Inc 204 Loyd Road Statesville, NC 28625 Subject: Request for Remission of Civil Penalty Case No. DV-2017-0035 Farm # 76-0060 Permit Number AWC760060 Randolph County Dear Mr. Koopman: In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of$6,407.52. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. t. If you decide to pay the penalty please make your check payable to the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Miressa D. Garoma NC DEQ-DWR Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 r, Remission Ard Koopman Enforcement # DV-2017-0035 Page 2 of 2 i J, 2) You may decide to have the. Environmental Management Commission's (EMC) " . . 4 Committee on Civil Penalty Remissions, make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If ;you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa D. Garoma NC DEQ-DWR Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact me at (919) 707-9129. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations and Ground Water Protection Branch Attachments cc: Winston-Salem Regional Office WQROS File # DV-2017-0035 WQROS Central Files (AWC760060) 0 . Z DIVISION OF WATER RESOURCES CIVIL PENALTY RENIISSION FACTORS Case Number: DV-2017-0035 Region: Winston-Salem County: Randolph Assessed Entity: Koopman Dairies, Inc. Permit: AWC760060 ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Of the eight assessment factors described in the Civil Penalty Assessment, the petitioner does not specifically state in their August 16 2017 remission request which factor they believe was wrongly applied. However, their remission request states that the manure was incorporated into the soil on the first day in which the field was dry enough and that the field was added to the waste.plan in a timely manner. These responses will be addressed in "b" below. Their letter also states that the alleged discharge was an accident so this will be addressed in "c" below. ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Submitted records indicate that animal waste was applied March 25, 29, 30 and April 3, 2017. The region believes that potential environmental damage could have been avoided if the permittee had tilled -in the waste prior to the April 3, 2017 0.50-inch rain event. Since most of the waste run-off occurred prior to tilling -in on April 8, 2017, there was little environmental damage that could have been abated. The region agrees with the petitioner in that after the rain event, field conditions were not suitable for tilling until April 8, 2017 The region also notes that the violator promptly contacted their technical specialist to request that the unpermitted receiving fields be added to their waste plan. ® (c) Whether the violation was inadvertent or a result of an accident: Previously submitted records indicate that the application area had a 65% chance of receiving 0.29 inches of rain on the day that waste was applied to the unpermitted fields. The permittee's records indicate that the area ultimately received 0.50 inches of rain. While the WSRO does not believe that the permittee intended for waste to run-off into surface waters, we also conclude that the forecast predictions were too great to have even considered applying waste that day and that the run-off of waste into surface waters could have been avoided. Additionally, the pennittee is responsible for knowing which fields are in the waste plan. Thus, we do not believe the violations to be inadverdant or an accident. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The petitioner did not state in their August 16, 2017 remission request that the civil penalty will prevent them from paying for remedial actions. However, the region notes that remedial actions, include tilling, have already been completed. Other actions, include the addition of the unpermitted receiving fields to the waste plan, have already been initiated through the local technical specialist for which there is no fee. DECISION (Check On ) Request Denied Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission [] $ _ (Enter Amount Remitted) L' da tulpepper Date --- k, I rev 1.0 — 6..31.04 STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: KOOPMAN DAIRIES, INC. ENVIRONMENTAL MANAGEMENT COMMISSION DWR Case Number: DV-2017-0035 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee mceting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership.or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE ( Water Resources w Environmental Quality Ard Koopman Koopman Dairies, Inc 204 Loyd Road Statesville, NC 28625 Dear Mr. Koopman: NC Department of = 7 Environmental Quality � Received ROY COOPER Governor AUG 2 3 2017 `' : � MICHAEL S. REGAN 11 Secretary Winston-Salem ` S. JAY ZIMMERMAN ±` Regional Office Director August 22, 2017 SUBJECT: Remission Request Farm # 76-0060 Randolph County File No. DV-2017-0035 Permit No. AWC760060 This letter is to acknowledge receipt of your request, on August 21, 2017, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. If you have any questions, please call me at (919) 807-6340: Sincerely, ire sa D. Gafoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Winston-Salem WQROS Regional Supervisor File # DV-2017-0035 WQROS Central Files (AWC760060) --7:7�'"'Nothing Compares' --,- State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional operations Section 1636 Mail Service center I Raleigh, North Carolina 27699-1636 919-707-9129 i, . �i Water Resources Environmental Quality NC Department of Environmental Quality Received JUL 3 1 2017 Winston-Salem Regional office July 27, 2017 CERTIFIED MAIL - 47016 2140 0000 0564 3 64 7 RETURN RECEIPT REQUESTED Ard Koopman Koopman Dairies, Inc 204 Loyd Road Statesville, NC 28625 Dear Mr. Koopman: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 76-0060 Randolph County Enforcement File No. DV-2017-0035 This letter transmits notice of a civil penalty assessed against Koopman Dairies, Inc. in the amount of $5,000.00, and $1,407.52 in investigative costs, for a total of $6,407.52. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of, Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR -!- A Nothing Compares!:-� State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center J Raleigh, North Carolina 27699-1636 919-707-9129 Assessment of civil penalty Koopman Dairies, Inc Enforcement # DV-2017-0035 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whetheT a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in _NCGS 143B-282. l (b) were wrongfully applied to the detriment of the violator; ' (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. 'Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. Assessment of civil penalty Koopman Dairies, Inc Enforcement # DV-2017-0035 Page 3 of 3 You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in .the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DEQ as follows: William F. Lane, General Counsel DEQ 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Included in this enforcement package is the requirement to apply for coverage under an NPDES permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal Regulations §122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency once a facility has a discharge to waters of the State, the permittee must apply for an NPDES permit (see the attached letter for instructions). Please be advised that additional penalties.may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. Sincerely, on ' aard, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Winston-Salem WQROS Regional Supervisor wl attachments Nile # DV-2017-0035 wl attachments WQROS Central Files wl attachments Randolph County Health Department J� STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF KOOPMAN DAIRIES, INC. FOR VIOLATIONS OF CATTLE ) WASTE MANAGEMENT SYSTEM } GENERAL PERMIT AWG200000 } AND NORTH CAROLINA } GENERAL STATUE 143-215.1OC ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT QUALITY DV-2017-0035 FINDING AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Koopman Dairies, Inc. is a corporation organized and existing under the laws of the State of North Carolina. B. Koopman Dairies, Inc. owns and operates a permitted dairy cattle operation located on Meredell Farm Road in Randolph County. C. Koopman Dairies, Inc. was issued Certificate of Coverage AWC760060 under Cattle Waste Management System General Permit AWG200000 for Koopman Dairies, Inc. on May 27, 2016, effective upon issuance, with an expiration date of September 30, 2019. D. G.S. 143-215.1(a) states that "No person shall do the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: make any outlets into the waters of the State." E. Condition 1.1. of General Permit AWG200000 states in part that "Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as State waters." F. On April 6, 2017 staff from the Division of Water Resources Winston-Salem Regional Office (WSRO) investigated a complaint alleging that Koopman Dairies, Inc. applied animal waste in such a manner as to cause the runoff of waste into Sandy Creek, a WS-III water within the Cape Fear River Basin. On April 6, 2017 DWR-WSRO staff observed an illegal discharge of animal waste from a 55-acre tract of land, owned by Koopman Dairies, Inc., located off Old Red Cross Road in Randolph County (parcel identification number 8707191668). The discharge was not discovered or reported to the WSRO by Koopman Dairies, Inc. w G. Condition No. 1I.2. General Permit AWG200000 states in part that "No waste shall be applied upon areas not included in the CAWMP or upon areas `where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy." H. Records submitted by the permittee document that animal waste was applied onto bare ground owned by Koopman Dairies, Inc. on March 25, 29, 30 and April 3, 2017. At the time of our investigation, the receiving tract was not listed in the CAWMP and a crop had not yet been planted to utilize the nutrients. The permittee's 10-day response letter indicates that the field was planted sometime between April 8 and May 9, 2017, I. Condition II.7. of the General Permit AWG200000 states that "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, or prior to the next rainfall event, whichever occurs first. This requirement does not apply to no -till fields, pastures, or fields where crops are actively growing." On the date of the complaint investigation, DWR staff noted that waste had been applied to the receiving tract on March 25, 29, 30 and April 3, 2017 and that the waste had not been incorporated within two days or prior to the April 3, 2017 rain event. The permittee's response letter notes that a disk was used to incorporate the manure on April 8, 2017. K. Condition No. II.22. General Permit AWG200000 states in part that "Land application of waste is prohibited during precipitation events. The Permittee shall consider pending weather conditions in making the decision to land apply waste and shall document the weather conditions at the time of land application on forms supplied by or approved by the Division. Land application of waste shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system including a hurricane, tropical storm, or tropical depression for the county in which the permitted facility is located." L. Application records document that on April 3, 2017 Koopman Dairies, Inc. applied 59,200 gallons of animal waste (4.77 lbs. plant available nitrogen per acre) onto 55 acres of a denuded and unpennitted tract of land. The National Weather Service (NWS) forecast for April 3, 2017 was for rain and thunderstorms in and around the application area. Records submitted by Koopman Dairies, Inc. indicate that there was a 65% chance for 0.29 inches of precipitation near the application field on April 3, 2017. The permittee's records also document that "a little less than 0.50 inches" of rain fell on or near the application field on April 3, 2017 and that a total of "less than 0.75 inches of rain occurred on the three days following the April 3, 2017 application event. M. Koopman Dairies, Inc. had no valid permit for the above described activities. N. On April 21, 2017, DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI) to Ard Koopman of Koopman Dairies, Inc. for: 1) applying animal waste to fields not in the CAWMP; 2) failing to incorporate manure into bare soil within two days or prior to the next rainfall event; and 3) the unpermitted discharge of animal waste into waters of the State. 4t. O. - The NOV/NOI was sent Certified mail and received by Monique Koopman on May 2, 2017, The DWR-WSRO received a response from the violator on May 12, 2017. P. The cost to the State for the enforcement procedures in this matter totaled S 1,407.52. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Koopman Dairies, Inc. is a "person' within the meaning of N.C.G.S.§ 143-215.6A pursuant to N.C.G.S.§ 143-212(4). B. The unnamed tributary to Sandy Creek constitutes waters of the State within the meaning of N.C.G.S. § 143-215.1 pursuant to N.C.G.S.§ 143-212(6)... C. A permit for an animal waste management system is required by N.C.G.S.§ 143-215.1. D. The above -cited discharge constitutes making an outlet to the waters of the State for purposes of N.C.G.S.§143-215.1(a)(1), for which a permit is required by N.C.G.S.§143- 215.1. The discharge also violated Condition I.1. of General Permit AWG200000. E. Koopman Dairies, Inc. violated Condition 1I.2. of General Permit AWG200000 by applying waste onto areas not included in the CAWMP or upon areas where the crop was insufficient for nutrient utilization. F. The above -cited failure to incorporate manure into bare soil within two days after land application, or prior to the next rainfall event, is a violation of permit condition No. II.7 of General Permit AWG200000. G. The above -cited failure to consider pending weather conditions in making the decision to apply waste is a violation of permit condition No. 11.22. of General Permit AWG200000. H. Koopman Dairies, Inc may be assessed civil penalties in this matter pursuant to G. S. 143-215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with terms, conditions, or requirements of a permit required by G. S. 143-215.1. I. N.C.G.S.§143-215.6A(b) provides that if any failure to act as required by the rules is continuous, a civil penalty of not more than $25,000.00 per violation may be assessed for each day the violation continues. J. The State's enforcement costs in this matter may be assessed against Koopman Dairies, Inc. pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8). K. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Koopman Dairies, Inc. is hereby assessed a civil penalty of. 000 For making an outlet to the waters of the State without a permit as required by G.S. 143-215. L, and in violation of Condition I.1 of General Permit AWG200000. $ t 0o O L` For violating Condition I1.2. of General Permit AWG200000 by applying animal waste onto areas not included in the CAWMP. For violating Condition II.7 of General Permit AWG200000 by failing to incorporate manure into bare soil within two days after land application or prior to the next rainfall event. G4 For violation of permit condition II.22. of General Permit AWG200000 by failing to consider pending weather conditions in making the decision to apply waste. 0 $ SOyc) TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. § 143-215.6A. $ 1407.52 Enforcement costs TOTAL AMOUNT DUE Pursuant to N.C.G.S.§ 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S.§ 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Koopman Dairies, Inc. in accordance with N.C.G.S.§ 143-215.6(A)(d). r 07-��� (Date) Risg ,Chief Water Wiality Regional Operations Section Division of Water Resources STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS KOOPMAN DAIRIES, INC. ) PERMIT NO. AWC760060 ) FILE NO. DV-2017-0035 Having been assessed civil penalties totaling 56,407.52 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, July 27, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of , 2017 Signature ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REOUEST APS Case Number: DV-2017-0035 County: Randolph Assessed Party: K000man Dairies, Inc. Permit No.: AWC760060 Amount assessed: $6,407.52 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(bl were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator_ promptly_ abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil_ penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Koopman Dairies, Inc. County., Randolph Case Number: DV-2017-0035 Permit Number: AWC760060 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; While no fish kills were reported, there was the potential for impact to the Town ofRamseur's water supply, located 17 miles downstream, since the impacted portion of the stream is classified as a WS-IIL A total of 59,200 gallons of animal waste was applied to the receiving field on April 3, 2017. High levels offecal coliform (see #3, below) is a public concern and could have put anyone in contact with the water at riskfor contamination. The unpermitted discharge of waste into Sandy Creek certainly impacted private land since the receiving stream flows directly onto a neighboring property not owned by Mr. Koopman or Koopman Dairies Inc. 2) The duration and gravity of the violation; Documents show that Koopman Dairies Inc applied waste onto land not listed in the CAWMP on April 3, 2017 and that the application area received a little less than 0.5 inches of rain that day. The area also received some additional rain after the date of application. Since a discharge of waste from the receiving field was still actively occurring on April 6, 2017, it is possible that the unpermitted discharge of waste could have been occurring for three days. 3) The effect on ground or surface water quantity or quality or on air quality; Samples taken by WSRO staff of the waste leaving the application field indicate that very high levels of fecal coliform (560,000 co11100mL), nutrients, and biochemical oxygen demand (BOD=1,300) were illegally discharged into Sandy Creek Samples of the waste source obtained by the permittee also indicate high levels of BOD (12, 000) and fecal coliform (2, 4000, 000 MPN1100 mL). In the opinion of the WSRO, the animal waste odor emanating from the 55-acne application field was much stronger than is typical, possibly due to such a large application area with no receiving crop as well as no/few trees to help buffer the smell. Since the receiving stream level was unusually high due to recent rains, there was no expected impact on the quantity of water due to the unpermitted discharge. 4) The cost of rectifying the damage; At this point, there is no way to rectify the stream damage caused by the discharge of animal waste. The manure was incorporated into the soil approximately five days after application. There would, therefore, be an unknown labor and fuel cost associated with soil incorporation. There is no cost associated with the unpermitted fields being added to the CAWMP since a Randolph County NRCS technical specialist is now working on this. 5) The amount of money saved by noncompliance; There does not appear to be any actual money saved by applying waste to a nonpermitted field, not incorporating the waste, and by applying the waste when some rain was forecast. However, there could be a substantial amount of time saved by not waiting for the f elds to be added to the waste plan, and the timing of the applications due to weather and workload limitations. This could equate to money -saved by Koopman Dairies Inc. 6) Whether the violation was committed willfully or intentionally; Records submitted by Koopman Dairies Inc indicate that there was a 65% chance for 0.29 inches of precipitation near the application field on April 3, 2017. The permittee's records also document that "a rev 1.0 - 8.31.09 little less than 0.50 inches" of rain fell on or near the application field on April 3, 2017. The regional office does not believe the discharge violation to have been committed wildly or intentionally, but rather; the result of negligence and poor judgement. The YYSRO believes that Koopman Dairies Inc. willfully and intentionally chose to violate their permit by applying waste not listed in the waste plan and by not incorporating the waste immediately. Mr. Koopman owns and manages other dairies in both the WSRO and Moorsesville Regional Office and thus, should be aware of these permit conditions. fer--Ac. %-c.as.n1JurWe-•.��cJtb�.. AW �`.��c}1 4ac i� W/kl'. lcr-j&e ,) rellk-l"Ue �or ll 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There is no record of previbus' violalions by Koopman Dairies Inc. under A WC760060 after receiving permit as a new owner on February 10, 2012. 8} The cost to the State of the enforcement procedures. $1,407.52 Date Jon gaard rev 1.0 - 8.31.09 w Environmental Quality June 27, 2017 Ard Koopman Koopman Dairies, Inc. 204 Loyd Road Statesville, NC 28625 ROY COOPER Governor MIC14AEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: National Pollutant Discharge Elimination System (NPDES) Permit Requirement Facility Number: AWC760060 Dear Mr. Koopman: According to our.records, your facility was assessed for a discharge of wastewater to the waters of the state that occurred on April 6, 2017. As a result, according to the North Carolina General Statutes § 143-215.1, 40 Code of Federal Regulations § 122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency, you are required to apply for coverage under an NPDES permit. . Within 90 days of receipt of this letter, complete and return the attached form, "NPDES General Permit Application— Existing Animal Waste Operations." Please carefully follow the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a General Permit, please contact us and we will forward you that application. Two copies of your complete Certified Animal Waste Management Plan are required with the permit application. Please refer to the checklist on page two of the application to be sure that all necessary documents are submitted with the application. A copy of the NPDES General Permit may be downloaded at our website: htW: //deg.nc. gov/about/divisions/water-resources/water-quality_regional-operations/afo If it is your opinion that your facility should not be required coverage under an NPDES permit, please provide written justification (such as change in ownership and management) so that the Division can make appropriate determination to your, situation. Continued... State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Failure to submit the documentation as required may subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date. If you have any questions about the NPDES permit or the enclosed application, please feel free to contact the Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, r /onRikd, Chief Water Quality Regional Operations Section Division of Water Resources CC: Winston-Salem Regional Office, Water Quality Regional Operations Section Randolph County Soil and Water Conservation District Facility File (AWC760060) DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2017-0035 Region: Winston-Salem County: Randolph Assessed Entity: Koopman Dairies, Inc. Permit: AWC760060 ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Of the eight assessment factors described in the Civil Penalty Assessment, the petitioner does not specifically state in their August 16, 2017 remission request which factor they believe was wrongly applied. However, their remission request states that the manure was incorporated into the soil on the first day in which the field was dry enough and that the field was added to the waste plan in a timely manner. These responses will be addressed in "b" below. Their letter also states that the alleged discharge was an accident so this will be addressed in "c" below. ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Submitted records indicate that animal waste was applied March 25, 29, 30 and April 3, 2017. The region believes that potential environmental damage could have been avoided if the permittee had tilled -in the waste prior to the April 3, 2017 0.50-inch rain event. Since most of the waste run-off occurred prior to tilling -in on April 8, 2017, there was little environmental damage that could have been abated. The region agrees with the petitioner in that after the rain event, field conditions were not suitable for tilling until April 8, 2017 The region also notes that the violator promptly contacted their technical specialist to request that the unpermitted receiving fields be added to their waste plan. ® (c) Whether the violation was inadvertent or a result of an accident: Previously submitted records indicate that the application area had a 65% chance of receiving 0.29 inches of rain on the day that waste was applied to the unpermitted fields. The permittee's records indicate that the area ultimately received 0.50 inches of rain. While the WSRO does not believe that the permittee intended for waste to run-off into surface waters, we also conclude that the forecast predictions were too great to have even considered applying waste that day and that the run-off of waste into surface waters could have been avoided. Additionally, the permittee is responsible for knowing which fields are in the waste plan. Thus, we do not believe the violations to be inadverdant or an accident. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The petitioner did not state in their August 16, 2017 remission request that the civil penalty will prevent them from paying for remedial actions. However, the region notes that remedial actions, include tilling, have already been completed. Other actions, include the addition of the unpermitted receiving fields to the waste plan, have already been initiated through the local technical specialist for which there is no fee. DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission ❑ $ (Enter Amount Remitted) S. Jay Zimmerman Date rev 1.0 — 9. 31.09 JUSTIFICATION FOR REMISSION REQUEST APS Case Number: DV-2017-0035 County: Randolph Assessed Party: K000man Dairies, Inc. Permit No.: AWC760060 Amount assessed. $6,407.52 Please use this form when requesting remission of this civil penalty. You must also complete the ' Re uest For Remission Waiver ofgijzht to an Administrative -H-saring, and Sh ulation o Facts " farm to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty asse§ment factors _ice NCGS 143B-282.1(b) were wrongLully igglied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental datnage_resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been arse sed civilyenalties for any previous violations: V (e) payment of the civil sty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2017-0035 Region: Winston-Salem County: Randolph Assessed Entity: Koopman Dairies, Inc. Permit: AWC760060 ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: ® (c) Whether the violation was inadvertent or a result of an accident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission ❑ $ (Enter Amount Remitted) S. Jay Zimmerman Date rev 1.0 - 8. 31.09 Statesville, August 16, 2017 Dear Mr. Risgaard, tEGr„ .. a. � .� _ _ ."' % I..ir i.� s`�' A[ i `' 1 Zi i i Water Quality 0oerauons 5l: lion We request remission of the penalties assessed to us in APS case number: DV-2017-0035 for the following reasons: A penalty of $3000 was assessed for making an outlet to the waters of the State. As you can read in our response letter dated May 91' (copy attached) we applied manure on one of our newly acquired and recently cleared fields which accidents created a minor, alleged run off after we received more rain than forecasted. It was not our intention to make any outlet to the waters of the State. A penalty of $1000 was assessed for violating Condition 11.7. As we explained in our letters to Mrs Rosenbrock and Mrs Knight we incorporated the manure on this field on 4/8. This was the first day the field was dried up enough to enter. A penalty of $1000 was assessed for vbla-ting-Condition II.g. We agree that we did not Include this field in the CAWMP yet and apologize for that oversight. However this was rectified in a timely manner so we don't really understand how paying a $1000 penalty helps this situation. As we stated before we sincerely apologize for what happened. We do our best to avoid situations like this as our prior records show. However we are always looking for ways to do even better. Right now we are experimenting with different methods to incorporate manure in a more efficient way so we are less dependent on weather conditions. We are also focused on extra training to our crew to make them even more aware of the importance to protect our surface waters. We respectfully ask you to not Sincerely, Monique Koopman Ize us for the above mentioned, Statesville May 9, 2017 Subject: NOI-2017-DV-0077 Dear Mrs Knight, In response to your letter the following: On April 3`d we applied manure to one of our newly acquired and recently cleared fields which created an alleged run off. The weather forecast for that day was a 55% chance of 0.29 inches of rain for later in the afternoon. We included a screenshot of the forecast for Liberty. We received more rain than forecasted, according to our records a little less than 0.5 inch. In your letter you refer to NWS records. Those records are either based on weather in Asheboro or Siler City. This might be the difference in actual rainfall on our location and NWS records as those cities are about 20 miles from our location. On the 3 days after the 31 we received less than 0.75 Inch according to our records for our location. In a normal scenario this should not be enough rain to cause any run off. If there was any minor runoff it was accidental and not our intention. On 4/8, the first day the field was dried up enough, we used a disk to incorporate the manure. As we could not enter the field prior to that date we do not believe we violated permit condition 11.7. We have submitted all information regarding the fields that were not in our plan yet to Randy Blackwood, who will add them to our plan. All fields have been planted in the last few weeks and a permanent vegetated buffer has been created on the new and recently cleared field. We have included a completed SLUR-1 form for tract 10730 and manure samples as requested. We were doing and will continue doing our best to be In compliance at all times, Sincerely, Ard and Monique Koopman 0 Statesville April 11, 2017 Dear Mrs. Rosebrock, in response to your visit on April 611 the following: On or about April 3'd we received notice from an alleged run off from one of our fields. if there was any run off we believe it was extremely minor in quantity. According to our records we had less than 0.5 inch of rain on 4/3 and less 0.75 on the 3 days after. In a normal scenario this should not be enough rain to cause any run off. If there was any minor runoff it was accidental and not our intention. To be on the safe side we used a disk in the field on 3/8, this was the first day that we could enter the field after the rain ended. All waste samples are being processed by the lab in Raleigh and as soon as results are in we will forward them to you. We apologize If we did have minor run off. We do our best to avoid situations like this as our prior records show. We hope you take this into consideration, Sincerely, Koopman Dairies, Inc By Monique Koopman STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS KOOPMAN DAIItIES, INC. ) } PERMIT NO. AWC760060 } FILE NO. DV-2017-0035 Having been assessed civil penalties totaling $6,407.52 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, July 27, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment, This the day of pl� , 2017 Signature RECEIVEDINCDEOJOR )dle vac AcnZ11, AUG 2 1 2017 Water Quality Regional Operations Section TELEPHONE I� i Incident Report Report Number : 201800070 nk of Water Resource Incident Type : Complaint On -Site Contact Category APS - Animal First/Mid/Last Name Incident Started : 04/03/2017 Company Name Country: Randolph Phone City: Liberty Pager/Mobile Phone : 1 Farm # : 760060 Responsible Party : Owner: Koopman Dairies Inc Reported By Permit: AWC760060 First/Mid/Last Name Facility : Koopman Dairies Inc Company Name: First Name: Monique Address Middle Name: Last Name: Koopman City/State/Zip Address : 204 Lloyd Rd Phone Page/Mobile Phone: 1 City/State/Zip: Statesville NC 28625 Phone: Material Category: Estimated Qty: UOM: Chemical Name Reportable Qty.lbs. Reportable Qty.kgs. DD:MM:SS Decimal Position Method : Unknown Latitude : 35° 53' 26" 35.890500 Position Accuracy: Nearest Second Longtitude : -790 40' 09"-79.669100 Position Datum : Unknown Location of Incident : Old Red Cross Road Address : CitylStatelZip : Liberty Report Created 1112118 3:53 pm Page: 1 Cause/Observation : Observed animal waste flowing from application fields into Sandy Creek (Water Supply III, Cape Fear River Basin). WSRO-DWR sampled run-off waste, prior to its entry into creek. OwnerlOIC said he was "trying to apply waste to stay ahead of the game" with regards to the weather and the limited opportunities available to apply waste and plant oom in the spring. Action Taken : Caller did not tell DWR about discharge until 4I512017. Thunderstorms on 4/5/2017 so investigation took place 4/6/2017 Incident Questions : Did the Material reach the surface Water? Yes Surface Water Name ? Sandy Creek Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : Unknown Event Type Requested Additional Information Report Entered Incident closed Report Received Referred to Regional Office - Primary Contact Incident Start Directions : Comments: Very strong waste odor nearest Old Red Cross Road. Dead worms observed in puddles of waste in field. Puddles very dark in color. Tracks from equipment were noted in fields. Waste applied to small grain on fields across road. Stream 10-15 feet wide. Stream water much darker in color, with more discolored foam, downstream of the denuded application fields. No discoloration noted in stream and tributary upstream of recently cleared land that had received animal waste, Observed sediment run-off from newly cleared land. Gullies have also formed and are conveyance for sediment and waste. Conveyance: Other Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Event Date Due Date 2018/01/12 3:39A1 2017/ 11129 12:00:00 2017/04/05 8:00:00 2017/04/05 8:00:00 2017/04/03 7:00:00 Comment Report Created 1112118 3:53 pm Page: 2 rs i Standard Agencies Notified Agency Name Phone First Name M.I. Last Name Contact Date Other Agencies Notified : Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information Report Taken By: Melissa Rosebrock Phone: Date[Time: 2017/04/05 08:00:OOAM Referred Via: Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Entered By: Regional Contact: Melissa Rosebrock Melissa Rosebrock 2018/01/12 03:39:41PM 2017/04/05 08:00:OOAM Phone Report Created 1/12118 3:53 pm Page: 3 FoRm SLUR-2 Tract a FWd size(Wetted Acres) --(A) 4; ratan Owner Ownefs Address Slurry and Sludge AppSicagon Field Records One Form for Each Field per Crop Cycle 10730 Flerd 4 55 Fatil.ty Number Ard Kooprnen Spreader Q(y"w 204 L1ayd Rd., SfatesvllIs. NO 28825 and Address Ownses Phone # L_- (704) 8784909 Operator's Phone # From Animal Waste Management Plan Crp type Corn Moe Recommended PAR _ too - --- _^ Lea (Ibleze) a (B) ._ M% fn 131 US tin riSS M IM '"*'ht 6ent Source Da:a (mrnl"W PV%R t w al toads per Flald Vokena d each Load" (9.090 s) TofaI Vcleme (ge£orra) (2) x (3) VGWm perAcre (gariomlaerey (4)1(A) W ette k-Qh8ia PAM` (IofTD00 gaQ PAR Apoed (twocre) (6) x(6)11U Moow Ha:e.Iae— (wexe) - (7 188 sp2 3J2WO17 20 5,300 106,000 1,927 4.43 8,64 187.46 312 M I T 14 6,300 74,200 1,349 4.43 5.98 181.49 4WO17 8 7,400 59,200 1.076 4.43 4,77 176.72 313012017 16 5,300 84,600 1,542 4.43 6.83 169.$9 Crop Cyrda Totals: 324,200 Owrw% Signature Spreader Operatoes Sgr.@Wm Ctartrfied Operator (print) i , Operator CartifcW'cn No. 26.11 Can be fbvod m operatoes manual for the spreader_ Cordsc! a (brat dealer 9 you donut have yourawnees manual. `• See your +tracts rnaragfsr ent "for samplir9 frequency. At a minimum, waste anslyars 4 requlrad wVh in 80 trays of land appAoatlon events. *"Eror the value r"iued by subtrectlnp column (7) turn (8). Contha sMad-ng ca'umn (7) ftom column (8) foloWng each appkwtian ever?. *"Maernutriantsoarce (W. Lagm-Mo ge Pored 18, comrnerfcarferllzar, drvftter, ate.) 12/2f1120176 Fr w Le NCDAW4AAroinoWcDivision Phn :.fA1$}733 6d - WaDtit$: �arrei.rwBitrmerlaftronorntl_ i "S `,• t Predictive CHoW, Koopman Dairy 4105 Meredell Farm Rd AdWsac 1 ji Waste I P' � Ub", NC 27298 ;? Randolph County samrsm 1211&2016 14ecahlid: 1fiJ2MOM cpw.a:01/04i2017 Farm: 764D LinkstoHslptalkftrrnadon Sam Intorntalton Nubientand 00w 6Aeasurawwwts Mra12an (N) (Avrrr) P faw) K wm) Ca &=I A+n S apvr.} Fe ftlnw Mn ` on* I.n Ihem) Cu twn) B Wnj Na Opmj C. (Dwi sanwgelD: 1 Total 213 1010 467 254 lio 31,2 4.87 8.30 2.64 0.09 410 Wears Code: LSD 0"Orkwon: ToW Kj&!daN N 1330 Dairy L4 8-1m- PH DM (R) sS (to•sslcmj EC rMSICM) CCE (%) Al E0000 981.) CN Incruanrc N 'N 7.12 Coapmeats: NO3-,1t orvertic 14 Ali f w) Cd rh") Ph rpom) Al room? S8 formi Li UAmi As farm Criocmi Co (ham) C1 fom) hM tow) Uffla 18.6 Estimate of Nutrients Available for First Crop Ob 11000 gal.} Other Moments {lb 11000 gsl.) AAaffeaUbnM4Mad N Pips K20 Ca W 5 Fe r1h 2n Cu 8 AC CI Ne N1 Cd Pb At Se U Broadcast 4.43 4.08 10.1 3.89 2.12 0.92 0.26 0.04 0.07 0.02 0.01 3.60 0..15 AgrerwraWs Conwnembw Hunter G. Landis 11=171:18 FM Nat[h�Collna a I. al ci inrk ri>~.f C �'Yc+4hslf Reprogramn"dng of the teborakwy-information-management system that makes this repot posalbis In be:nq funded through a grant hm the North Carolina Tobacco Trust Fund Cor- fdoolnn. Ykank yrxu for using agranamia jervires to manage Muldentr and safeguard eAvfrwrm Mal gwdiry. - SMers Irar m Camm&sioncr of w1 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES June 28, 2017 MEMORANDUM: To: Christine Lawson From: Sherri V. Knight VP Subject: Recommendation for Civil Penalty Case #: DV-2017-0035 Koopman Dairies Inc (Ard Koopman) AWC760060 - Randolph County Please find attached, documents supporting the Winston-Salem Regional Off ce's request for a civil penalty assessment against Koopman Dairies Inc for the: 1) unpermitted discharge of animal waste into Sandy Creek (WS-III, Cape Fear River Basin) from a receiving field; 2) application of animal waste onto fields not listed in the Certified Animal Waste Management Plan (CAWMP); 3) failure to incorporate manure into bare soil within two days after land application; and 4) failure to consider pending weather conditions in making the decision to apply waste. Staff from the Winston-Salem Regional Office Division of Water Resources (WSRO-DWR) performed an investigation on April 6, 2017 in response to an anonymous complaint alleging the run-off of animal waste from land off Old Red Cross Road in Randolph County. Our investigation confirmed three different active discharges from a 55-acre tract which was not listed in the CAWMP. Staff also documented that waste was applied onto bare soil on April 3, 2017 and had not been tilled -in within 48 hours and that rain had been.forecast for the date of application. We request -that you initiate appropriate action from your office and forward the attached package to the Director of the Division of Water Resources. The following items are being transmitted for your review: A) A completed "Findings and Decisions and Assessment of Civil Penalties." B) A completed "Water Quality Enforcement Case Assessment Factors." C) Recent correspondence between the violator and DWR, including a copy of the NOV/NOl letter. D) Photographs depicting the violations. E) Maps illustrating discharge locations and land ownership. F) Supporting documents, including laboratory results Please contact Melissa Rosebrock in our office at (336) 776-9699 for any additional information you may need. Attachments cc: Winston-Salem Regional Office Facility Files Findings and Decisions and Assessment of Civil Penalties Attachment A STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF KOOPMAN DAIRIES INC FOR VIOLATION OF NCGS 143-215.1(a) FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND NORTH CAROLINA DEPARTMENT OF ENVIRONMENTALQUALITY FILE No. DV-2017-0035 FINDINGS AND DECISION } AND ASSESSMENT OF CIVIL PENALTIES FOR VIOLATIONS OF CATTLE WASTE ) MANAGEMENT SYSTEM ) GENERAL PERMIT AWG200000 ) PURSUANT TO NORTH CAROLINA ) GENERAL STATUE 143-215.10C ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality, I, S. Jay Zimmerman, Director of the Division of Water Resources (DWR), make the following: I. FINDINGS OF FACT: A. Ard Koopman owns and operates Koopman Dairies Inc., a permitted dairy cattle operation located on Meredell Farm Road in Randolph County. Per Randolph County tax records, the dairy property is owned by Koopman Dairies Inc. B. Koopman Dairies Inc. was issued Certificate of Coverage AWC760060 (hereby referred to as COC) under Cattle Waste Management System General Permit AWG200000 (hereby referred to as permit) for Koopman Dairies Inc on February 10, 2012 effective upon issuance, with an expiration date of September 30, 2014. This permit has been renewed every five years and was most recently renewed on May 27, 2016, with an expiration date of September 30, 2019. Prior to ownership by Koopman Dairies Inc., regional office records indicate that the permit had been issued to David Falk under Kings Mill DCF, LLC (October 1, 2006), Arlin Buttke under Buttke Dairy Enterprises (March 12, 2004), and David Meredith under Meredell Farm, Inc. (February 18, 2002). C. Permit condition No. II.2. states that "No waste shall be applied onto areas not included in the Certified Animal Waste Management Plan (CAWMP) or upon areas where the crop is insufficient for nutrient utilization." The permit maintains that waste may be applied up to thirty (30) days prior to planting or breaking dormancy only if the CAWMP allows. 30 kr aS Records submitted by the permittee document that al waste was applied onto bare ground owned by Koopman Dairies Inc on March 25, 29, 30 and April 3, 2017. At the time of our investigation, the receiving tract was not listed in the CAWMP and a crop had not yet been planted to utilize the nutrients. The permittee's 10-day response letter indicates that the field was planted sometime between April 8 and May 9, 2017. D. Permit condition No. II.22. states that "the Permittee shall consider pending weather conditions in making the decision to apply waste..." Application records document that on April 3, 2017 Koopman Dairies Inc applied 59,200 gallons of animal waste (4.77 lbs. plant available nitrogen per. acre) onto 55 acres of a denuded and unpermitted tract of land. The National Weather Service (NWS) forecast for April 3, 2017 was for rain and thunderstorms in and around the application area. Records submitted by Koopman Dairies Inc indicate that there was a 65% chance for 0.29 inches of precipitation near the application field on April 3, 2017. The permittee's records also document that "a little less than 0.50 inches' of rain fell on or near the application field on April 3, 2017 and that a total of "less than 0.75 inches" of rain occurred on the three days following the April 3, 2017 application event. E. Failure to incorporate manure into bare soil within two days after land application, or prior to the next rainfall event, is a violation of permit condition No. II.7. On the date of the complaint investigation, Winston-Salem Regional Office (hereby referred to as WSRO) staff noted that waste had been applied to the receiving tract on March 25, 29, 30 and April 3, 2017 and that the waste had not been incorporated within two days or prior to the April 3, 2017 rain event. The permittee's response letter notes that a disk was used to incorporate the manure on April 8, 2017. E. Permit condition No. I.1. states that "any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters." On April 6, 2017 staff from the Division of Water Resources Winston-Salem Regional Office WSRO) investigated a complaint alleging that Koopman Dairies Inc applied animal waste in such a manner as to cause the runoff of waste into Sandy Creek, a WS-III water within the Cape Fear River Basin. On April 6, 2017 WSRO staff observed an illegal discharge of animal waste from a 55-acre tract of land, owned by Koopman Dairies Inc, located off Old Red Cross Road in Randolph County (parcel identification number 8707191668). The discharge was not discovered or reported to the WSRO by Koopman Dairies Inc. F. On April 21, 2017, the DWR-WSRO responded by issuing a Notice of Violation/Notice of Intent to Enforce (NOVINOI) to Ard Koopman of Koopman Dairies Inc for: 1) applying animal waste to fields not in the CAWMP; 2) failing to incorporate manure into bare soil within two days or prior to the next rainfall event; and 3) the unpermitted discharge of animal waste into waters of the State. The NOVINOI was sent Certified mail and received by Mr. Koopman's wife on May 2, 2017. The DWR-WSRO received a response from the violator on May 12, 2017. N. The costs to the State of the enforcement procedures in these matters totaled $1,407.52. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Koopman Dairies Inc is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Koopman Dairies Inc violated permit condition No.1I.2. by applying waste onto areas not included in the CAWMP or upon areas where the crop was insufficient for nutrient utilization. C. Koopman Dairies Inc violated permit condition No. I1.22. by failing to consider pending weather conditions in making the decision to apply waste. D. Koopman Dairies Inc violated permit condition No. I1.7. by failing to incorporate manure into bare soil within two days after land application, or prior to the next rainfall event. E. Koopman Dairies Inc violated permit condition No. 1.1. by causing the discharge of waste to reach surface waters due to runoff. F. Koopman Dairies Inc may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. G. The State's enforcement costs in this matter may be assessed against Koopman Dairies Inc pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Director of Division of Water Resources,, pursuant to delegation provided by the Secretary of the Department of Environmental Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Koopman Dairies Inc., owned by Ard Koopman at the time of non-compliance, is hereby assessed a civil penalty of: $ O0 (�) Ir $ 1,407.52 R for violation of permit condition II.2. by applying animal waste onto areas not included in the CAWMP. for violation of permit condition No. 11.22. by failing to consider pending weather conditions in making the decision to apply waste. for violation of permit condition II.7. by failing to incorporate manure into bare soil within two days after land application or prior to the next rainfall event. for violation of permit condition I.I. by causing the unpermitted discharge of animal waste into waters of the State. Enforcement costs TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Koopman Dairies Inc, in accordance with N.C.G.S. 143-215.6(A)(d). (Date) S. Jay Zimmerman P.G., Director Division of Water Resources Assessment Factors June 28, 2017 Violator: Ard Koopman -- Koopman Dairies Inc Owner: Koopman Dairies Inc Region: Winston-Salem Case Number: DV-2017-0035 1. The degree and extent of harm to the natural resources of the State, to public health or to private property: While no fish kills were reported, there was the potential for impact to the Town of Ramseur's water supply, located 17 miles downstream, since the impacted portion of the stream is classified as a WS-III. A total of 59,200 gallons of animal waste was applied to the receiving field on April 3, 2017. High levels of fecal coliform (see #3, below) is a public concern and could have put anyone in contact with the water at risk for contamination. The unpermitted discharge of waste into Sandy Creek certainly impacted private land since the receiving stream flows directly onto a neighboring property not owned by Mr. Koopman or Koopman Dairies Inc. 2. The duration and gravity of the violations: Documents show that Koopman Dairies Inc applied waste onto land not listed in the CAWMP on April 3, 2017 and that the application area received a little less than 0.5 inches of rain that day. The area also received some additional rain after the date of application. Since a discharge of waste from the receiving field was still actively occurring on April 6, 2017, it is possible that the unpermitted discharge of waste could have been occurring for three days. 3. The effect on ground or surface water quantity or quality or on air quality: Samples taken by WSRO staff of the waste leaving the application field indicate that very high levels of fecal coliform (>60,000 coll100mL), nutrients, and biochemical oxygen demand (BOD=1,300) were illegally discharged into Sandy Creek. Samples of the waste source obtained by the permittee also indicate high levels of BOD (12,000) and fecal coliform (2,4000,000 MPN/100 mL). In the opinion of the WSRO, the animal waste odor emanating from the 55-acre application field was much stronger than is typical, possibly due to such a large application area with no receiving crop as well as no/few trees to help buffer the smell. Since the receiving stream level was unusually high due to recent rains, there was no expected impact on the quantity of water due to the unpermitted discharge. 4. The cost of rectifying the damage: At this point, there is no way to rectify the stream damage caused by the discharge of animal waste. The manure was incorporated into the soil approximately five days after application. Assessment Factors — DV-2017-0035 Koopman Dairies Inc June 28, 2017 Page 2 There would, therefore, be an unknown labor and fuel cost associated with soil incorporation. There is no cost associated with the unpermitted fields being added to the CAWMP since a Randolph County NRCS technical specialist is now working on this. 5. The amount of money saved by noncompliance: There does not appear to be any actual money saved by applying waste to a nonpermitted field, not incorporating the waste, and by applying the waste when some rain was forecast. However, there could be a substantial amount of time saved by not waiting for the fields to be added to the waste plan, and the timing of the applications due to weather and workload limitations. This could equate to money -saved by Koopman Dairies Inc. 6. Whether the violation was committed willfully or intentionally: Records submitted by Koopman Dairies Inc indicate that there was a 65% chance for 0.29 inches of precipitation near the application field on April 3, 2017. The permittee's records also document that "a little less than 0.50 inches" of rain fell on or near the application field on April 3, 2017. The regional office does not believe the discharge violation to have been committed willfully or intentionally, but rather, the result of negligence and poor judgement. The WSRO believes that Koopman Dairies Inc. willfully and intentionally chose to violate their permit by applying waste not listed in the waste plan and by not incorporating the waste immediately. Mr. Koopman owns and manages other dairies in both the WSRO and Moorsesville Regional Office and thus, should be aware of these permit conditions. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: There is no record of previous violations by Koopman Dairies Inc. under AWC760060 after receiving permit as a new owner on February 10, 2012. 2015 -- Mooresville Regional Office Civil penalty of $8,124.78 (including costs) for unpermitted discharge, unpermitted major modification to CAWMP, and failure to notify of non -compliant event related to AWC490040. Of the penalty amount, $1,000 was remitted. PC- 2015-0001. April 2012 — Civil penalty assessed against AWC760012 for $10,123.88 (including costs) for discharge, applying on saturated ground, failure to inspect site, and failure to maintain buffer. At the time of the violations, Mr. Koopman was a manager/tenant, not an owner, permittee, or OIC. Of the penalty amount, $1,000 was remitted. DV-2012-0009. May 2012 —NOV issued to AWC760012 for failure to maintain well and dwelling buffers, no crop on receiving field, and lack of soil tests. At the time of the violation Mr. Koopman was the manager/tenant and OIC, but not the owner or permittee. NOV 2012-PC-0175. Assessment Factors — DV-2017-0035 Koopman Dairies Inc June 28, 2017 Page 3 8. The costs to the State of the enforcement procedures. Investigator - 7 hours field time and 24 hours enforcement time $1,092.13 Sherri V. Knight - 1 hour for enforcement review $ 45.22 Laboratory tests 114.31 Mileage - 114 miles @ 0.49 55.86 Administrative Costs 100.00 Total Cost $1,407.52 9. Type of Violator: Koopman Dairies Inc. is owned and operated by Ard Koopman. 10. Violator's degree of cooperation (including efforts to restore) or recalcitrance: Mr. Koopman has been cooperative throughout the investigation. After the violations were noted, the waste was incorporated as soon as field conditions allowed. Mr. Koopman promptly contacted his technical specialist regarding the potential to add the unpermitted 'receiving fields to the waste plan. 11. Mitigating factors: During a June 27, 2017 inspection at one of Mr. Koopman's other farms (AWC990008), Mr. Koopman stated that because application records from 2010-2011 indicate that the unpermitted tract/fields received waste, he believed those fields to already be in the CAWMP. This information was not submitted with the earlier written responses (April 11 and May 9, 2017). 12. Assessment factors: A. IWC ---- NA B. Receiving Stream ----- NA C. SOC/JOC--------- NA D. Copy of MP Screen ----- NA E. Copy of Limits Page ---- NA F. Damage ------ NA Certification: I certify that the information in this report is true to the best of my knowledge. aZe I oz017 Aa-�� &IUA-� (Date) Principal Investigator NC" Water Resources Environmental Quality April 21, 2017 =IFIEED MAIL No. 7015 0640 0005 8164 0926 RETURN RECEIPT REQUESTED Mr. Ard Koopman Koopman Dairies, Inc. 204 Loyd Road Statesville, NC 28625 Subject: Notice of Violation and Notice of Intent to Enforce ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZD AAERMAN Director N01-2017-DV-0077 Permit Number: AWC760060 Parcel ID# 8707191668, 8708114338, 8708106667, 7798919504 and 878111770 Randolph County Dear Mr. Koopman: On April 6, 2017, Meilssa Rosebrock and Patrick Mitchell of the Division of Water Resources (Division) Winston-Salem Regional Office conducted a site inspection of the above referenced properties in response to complaints alleging excess odor and the runoff of sediment and animal waste. A copy of the inspection repodis attached for your review. Accordingly, the following observations and violations wore noted: 1. A discharge of cattle waste into Sandy Creek was observed from two different locations of the application field on the south side of Old Red Cross Road. Sandy Creek Is -also classified as a WS-Ill (water supply) water within the Cape Fear River Basin. WSRO did not receive notice of the discharge from anyone with Koopman Dairies, Inc. prior.to the Division's discovery of the discharges on March 6, 2017. On March 6, 2017 Division staff sampled the run-off waste just prior to its entry into Sandy Creek for fecal coliform, biochemical oxygen demand (BOD), and nutrients. The results are as follows: Fecal Coliform = >60,000 col/100mL BOD =1,300 mg/L NHs as N = 47 mg/L as N NO2+NO3 = 1.2 mg/L as N Total phosphorus = 23.0 mg/L as.P Total Kjeldahl N =110 mg/L as N We of Nodh Caroina I En*onmental Quilty 460 W, lianas Mil Road, Suite 300, WlnstonSelam, Nodh Carolina 27105 Phone: 336.T7M01 FAX: 336.776.9797 „oopman -- NOV/NOI April 21, 2017 Page 2 No discoloration was noted in the surface waters upstream of the recently cleared application area while the surface water was much darker in color, with more discolored foam, downstream of the denuded application fields, which suggests the discharge was occurring prior to the April 6, 2017 investigation. The unpermitted discharge of animal waste Into surface waters is a violation of condition 1.1. of the Cattle Waste Management System General Permit (Permit). Condition 11.22. also states that "the Permittee shall consider pending weather conditions in making the decision to apply waste...” You may recall that the National Weather Service (NWS) forecast for April 3, 2017 was for rain and thunderstorms in and around the application area. During phone conversations with the Division, Koopman Dairies, Inc. indicated that they "quit . applying waste when it started to rain." Koopman Dairy records indicate that less than 0.50 inches of rain fell on April 3, 2017 and less than 0.75 Inches on the three days following application. NWS records confirm that the following weather conditions were recorded in and around the area for April 3, 2017: "Thunderstorms, heavy rain, rain, light rain, fog" and at least 0.70 inches of rain between April 3-4, 2017. SLUR-2 records Indicate that 59,200 gallons of waste was applied to 55 acres of tract 10730 on April 3, 2017 (1,076 gallons per acre). Division staff also documented sediment run-off from the newly cleared land. This is most likely caused by the lack of vegetation on the steep slopes and recent rain events. Some ruts have also formed in the fields and are a conveyance for sediment and waste. 2. The site inspection and records review also confirms that animal waste was applied to fields not In the Certified Animal Waste Management Plan (CAWMIP). Per submitted application records, waste was applied to tract 10730. This tract is NOT listed.in any of the followingversions of the CAWMP: 3/9/2016; 5/7/2010; 4/17/2008; 8/7/2006. The inspection also documents that animal waste had been applied.to the small grain crop in the fields across the road (north side of Old Red Cross Road) as evidenced by the waste on the stems and leaves of the plants and slurry equipment tracks in the fields. Records indicate that Randy Joe Garner owns these fields and that they are NOT listed in the CAWMP. The application of waste upon areas not included in the CAWMP is a violation of permit condition 11.2. An unusually strong waste odor was detected in and around the application areas. Our investigation concluded that animal waste was applied March 25-April 3, 2017 to recently cleared and denuded land in tract 10730 and not tilled -in until 3/8/2017. Failure to Incorporate manure Into bare soil within two days after land application, or prior to the next rainfall event, is a violation of permit condition 11.7. Required Response: Accordingly, you are directed to respond in writing within ten (10) calendar days of receipt of this Notice. Your response should be sent to my attention at -the letterhead address and must include specific plans and timeline for permanently addressing the following: l ..japman — NOWN01 April 21, 2017 Page 3 1. Immediately establish a vegetative cover for ALL fields in tract 10730 that received animal waste. You should also repair the ruts that have formed on the denuded land so that future run- off might be minimized. A permanent vegetated buffer in the area along the stream should be created to help prevent furtherYun-off of sediment. and manure during rain events. 2. Receiving fields located In the parcels listed above must be approved and added to the CAWMP prior to ANY future waste application events. if these fields are not deemed suitable for waste application, then no animal additional waste may be applied. 3. Application records submitted to the WSRO for tract 10730 did not include the required "weather code." A completed SLUR-1 form, which includes the weather code, should therefore be submitted to the Winston-Salem Regional Office. We request that you submit application records for those fields that received waste on the north side of Red Cross Road as well. Please note that the 12/18/2016 waste analysis used to complete the submitted SLUR-2 form -was not conducted within sixty days of application. Thus, a new waste analysls.should be obtained as soon as possible. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be' encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Pursuant to G.S.143-215.6A, these violations and any future violations are subject to a civil penalty assessment 'of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree. and extent of harm to the environment and the duration and gravity of the violations) will be considered in any civil penalty assessment process that may occur. Please contact Melissa Rosebrock (336-776-9699) or -me (336-776-96. 96) if you have questions concerning this Notice. Sincerely,- _?,�wpU-007 Sherri V. Knight, P. E. ■ Carnptete trams 1, 2, and & atom. 0 c retum Regional Supervisor ; ■ t � name and address Regional reverse so that we oeit the card to You. e.. ed by (pK W !' Water Quality Regional Opera ■ Attach this ca[d to the back of the meitptem or on the front tf epece Perm". D. � d�Y address dt�areatf m Rem 7 - Division of Water Resources,'N saw---------=---��. �y��delhreryaddreeabelw .13 No i Mr. Ard Koopman a Attachment i', Koopman Dairies, Inc. i �i cc: wsao File copy 11 204 Loyd Road Statesville, NC 28625 ` NCDEQDWR-Animal Waste Feed) , Randolph County NRC5 and Soil d a. �, Il��ll11I11111�111i41111�1fll�ll�llllllill�li13 9590 9403 0921 5=3 9827 0 7Ci35 0640 04d5 8164 0926 � O Prbdly and bprddle O � sbnd Mal ft u MdVVNW � Ro tww Doklway IntedC�llwrY QFirbimR�Qe�llbt 1 n-pahory C tired OeAvHy C1& fro ftan , Aes1 o.+w�yF41001111,10 GOW" i u DoMMM Realm R9GelPt � Division of Water Resources El Division of Soil and Water Conservation ❑ Other Agency Facility Number: 760060 Facility Status: Active Permit: AWC760060 [] Denied Access In action Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Complaint Date of Visit.. 04/06/2017 Entry Time: 10:15 am Exit Time Farm Name: Koopman Dairies Inc County: Randolph Region: 12:00 pm Incident 0 Owner email: Owner: Koopman Daises Inc Phone: Mailing Address: 204 Lloyd Rd Statesville NC 28625 Physical Address: 4105 Meredall Farm Rd Facility Status: ❑ Compliant E Not Compliant Integrator: Liberty NC 27298 Winston-Salem 1201S000_10 704-876-4909 Location of Farm: Latitude: 35" 51' 22" Longitude: 79° 38' 27" Farm address: 4718 Ramseur- Julian Road, Liberty, NCUS Hwy 421 south from GSO. Right onto Old Liberty Rd. Right onto Ramseur -Julian Rd. Farm is on right. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Ard Koopman Operator Certification Number: 997080 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Ard Koopman Phone : 704-876-4909 On -site representative Ard Koopman Phone : 704-876-4909 Primary inspector. �MelAis�s6-- 776— 9(og9 �a Rosebrock ��� J�� `r Phone: � a o' Inspector Signature: `-'I VLL� VI Date: `t Secondary Inspector(s): Inspection Summary: page: 1 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inppection Type: Compliance Inspection Reason for Visit: Complaint 1. Observed animal waste flowing from application fields into Sandy Creek (Water Supply III, Cape Fear River Basin). WSRO-DWR sampled the run-off waste, just prior to its entry into Sandy Creek, for fecal coliform, biochemical oxygen demand (BOD), and nutrients. The fecal coliform result= >60,000 col/100mL. 2. Site conditions: Temperature=56 degrees F; very windy; partly sunny turner cloudier and colder, very strong waste odor on areas nearest Old Red Cross Road. Dead worms were observed in puddles of waste in the field. Puddles were very dark in color. Application tracks from slung equipment were noted in the fields. Waste had been applied to small grain on fields across the road. Stream is 10-15 feet wide. Stream water was much darker in color, with more discolored foam, downstream of the denuded application fields, which suggests discharge had been occurring prior to our arrival today. No discoloration noted in the stream and tributary upstream of the recently cleared land that had received animal waste. 3. Observed sediment run-off from newly cleared land caused by the lack of vegetation on the steep slopes and the heavy rains on 4/2/2017 and 415/2017. Some gullies have also formed and are a conveyance for sediment and waste, 11. Waste was applied to land not in the CAWMP. Regardless, the permit requires that waste be tilled -in within 2 days of application which began 3/25/2017 and ended 41312017. Waste was not tilled -in until 41812017, 14. Some of the acreage within the unpermitted tractlfields had an established small grain crop. Waste was observed on the stems and leaves of the small grain plants. 15. Need to immediately establish a vegetative cover for ALL fields that received animal waste. Many acres are completely denuded of vegetation, 21. The application records received by the WSRO for tract 10730 did not include documentation of 120 minute inspections. This will need to be submitted to the regional office. 29. The waste odor eminating from application tract #10730 was stronger than is typical, possibly due to the large amount of acreage receiving waste in a short period of time. 30. The alleged discharge was reported by a complainant and investigated while the OIClowner was out of town. WSRO did not receive notice of the discharge from anyone with Koopman Dairies, Inc. prior to our visit on 41612017. 32. Per OiClOwner's records, waste was applied to tract 10730. This tract is NOT listed in any of the following versions of the waste plan: 31912016; 5/7/2010; 4117/2008; 81712006. Tech specialist confirmed that the recently cleared application tract (#10730), which received the waste, is not in the waste plan. However, Koopman Dairies, Inc. does own this land. Fields receiving animal waste, located across the road, are owned by Randy Joe Gamer. 33. Spoke to Mr. Koopman about odor complaint on 4/3/2017 while he was traveling out of town. He stated that only a half -inch of rain had been predicted for 0410312017, Waste was applied by Mr. Koopman and his certified operators, however, Mr. Koopman slated that they quit applying when it started to rain. Left message on 4/5/2017 for Mr. Eric Isley, farm manager, stating that we had now received another call regarding the run-off of manure from the unvegetated application fields. The WSRO did not receive a return call from Mr. Isley. WSRO spoke to Mr. Koopman again on 0410712017, OwnerlOIC said he was "trying to apply waste to stay ahead of the game" with regards to the weather and the limited opportunities available to apply waste and plant corn in the spring. 34. WSRO may need to follow-up as necessary to ensure compliance. page: 2 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Dumber. 760060 Inspection Date: 04/06/17 Inppection Type: Compliance Inspection -Reason for Visit: Complaint Regulated Operations Design Capacity Current promotions Cattle rl Cattle -Milk Cow 5,000 Total Design Capacity: 5,000 Total SSLW: 7,000,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond 04 18.00 96.00 Waste Pond LARGE WSP #3 28.00 Waste Pond LOWER STAGE #2 24.00 Waste Pond UPPER STAGE #1 12.00 page: 3 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number. 760060 Inspection Date: 04/06/17- . •. Inpsection Type: Compliance Inspection Reason for Visit: - Complaint Discharges & Stream Impacts Yes No Na No 1. Is any discharge observed from any part of the operation? 0 110 ❑ Discharge originated at: Structure ❑ Application Field Other ❑ a, Was conveyance man-made? ❑ M ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) M. ❑ ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? 16-20 gal min, during 1A5 hr inspection, more prior to that d. Does discharge bypass the waste management system? (if yes, notify DWQ) N ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ❑ ❑ State other than from a discharge? Waste Collection. Storane & Treatment YAe No No No 4. Is storage capacity less than adequate? ❑ 0 ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (LeJ large ❑0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ E ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ■ Cl ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ 0 ❑ ❑ maintenance or improvement? Waste Aopllcation Yes No Na No 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ ❑ ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ■ ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ page: 4 Permit: AWC760060 Owner - Facility ! Koopman Dairies Inc Facility Number: 760060 Inspection Date: - 04/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint Waste Application Application outside of application area? Crop Type 1 Small Grain (Meat, Barley, Oats) Crop Type 2 No cover Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ M ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ■ ❑ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ 0 ❑ ❑ Records and Documents Yas No Na Na % Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ❑ ❑ M 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? M ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ page: 5 Permit: AWC760060 Owner - Facility: Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 . . Inpsection Type: Compliance Inspection Reason for Visit: Complaint Records and Documents yes No Na No Stocking? ❑ Crop yields? ❑ 120 Minute inspections? Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ N ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ -Non-compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ Otherlssues e No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface the drains exist at the facility? ❑ ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon 1 Storage Pond ❑ Other ❑ if Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or E ❑ ❑ ❑ CAWM P? 33. Did the Reviewerllnspector fail to discuss review/inspection with on -site representative? E ❑ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? 0 ❑ ❑ ❑ page: 6 Rosebrock, Melissa From: Monique Koopman <amkoopman@hotmail.com> Sent: Monday, April 10, 2017 5:01 PM To: Rosebrock, Melissa Subject: RE: Fwd: Koopman Complaint Ok thanks, waste reports should be in your fax. Enjoy your night, Monique Sent from my Yerizon Wireless 4G LTE Droid On Apr 10, 2017 4:58 PM, "Rosebrock, Melissa" <melissa.rosebrock@ncdenr.gov> wrote: Monique, here's the number: 336.776.9797 Thank you! Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrogk@ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 -5�^Nothlnq Compares,," S. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Monique Koopman [mailto:amkoopman@hotmail.com] Sent: Monday, April 10, 2017 3:35 PM To: Rosebrock, Melissa <melissa.rose brock@ncdenr.gov> Subject: Re: Fwd: Koopman Complaint Hi Melissa, Do you have a fax number? Sent from my Verizon Wireless 4G LTE Droid On Apr 4, 2017 2:17 PM, "Rosebrock, Melissa" <melissa.rosebrock ncdenr. ov> wrote: It appears that you may have applied animal waste onto fields not in the waste plan. &ent from my Verizon Wireless 40 LTE smartphone ------ Original message -------- From: "Blackwood, Randy - NRCS, Asheboro, NC" Date:04/04/2017 9:08 AM (GMT-05:00) To: "Rosebrock, Melissa" Subject: RE: Koopman Complaint They're not part of the latest (3/16/16) plan that I have. From: Rosebrock, Melissa[mailto:melissa.rosebrock&cdenr.govl Sent: Monday, April 03, 2017 5:23 PM To: Blackwood, Randy - NRCS, Asheboro, NC <Randy.Blackwood@nc.usda.gov> Cc: Randy Freeman <Rand .Freeman andol hcoun nc. ov> Subject: Koopman Complaint Randy, Got a complaint today, mostly about odor, regarding land application activities off Old Red Cross Road. Caller was also concerned about runoff. Question: Are these parcels in his waste plan? Ard says the fields at the front of the property (near road?) are in the plan, but he's not sure about the rest. There are about 110 total acres and he says he has cleared about 2/3 of it. Complainant says he has applied waste on all the cleared land. Per GIS, the following parcels are owed by Koopman Dairies, Inc., just need to know if they are in his waste plan. Thank you! 1 PIN 8707191668 PIN 8708114338 PIN 8708106667 Melissa Rosebrock Environmental Senior Specialist 2 NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrockAmcdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Nothing Compares.,,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. 3 Rosebrock, Melissa From: Monique Koopman <amkoopman@hotmail.com> Sent: Wednesday, April 12, 2017 8:35 AM To: Rosebrock, Melissa Subject: Re: Requirements as a result of the discharge Hi Melissa, I faxed a copy of the letter to the fax number you gave me the other day. A hard copy is in the mail. Thanks for reminding us! Monique Koopman From: Rosebrock, Melissa <meIissa.rosebrock@ncdenr.gov> Sent: Tuesday, April 11, 2017 11:18:51 AM To: Ard Koopman Subject: Requirements as a result of the discharge Ard (and Monique), As you know, I observed the discharge of waste from the fields off Old Red Cross Road. When there is a discharge, there are certain requirements that must then be met. If you have not already done so, let me remind you to about the following permit conditions: III. 9. and 111.13 — If/when you have knowledge of a discharge you must notify our office within 24 hours. I observed the discharge before anyone from the dairy but you should still send a written report to our office with answers to 111.9. a-f. 111.13. page 10 — A written report must be sent to our office addressing the requirements in the permit (page 10, middle of the page). This was due within 5 days but you should still send that to us. It is very similar to the above report. Note that "f." requires that a sample be taken of the waste and -analyzed for the parameters listed. This is different to your normal waste analysis. The closest lab is probably Research and Analytical Labs in Kernersville. The fecal coliform bacteria sample has a short hold time and a special bottle you get from the lab. The nutrients require a special acid preservative. Ask the lab about that. Tell them you have had an animal waste discharge and read paragraph 'T for them and ask them what to do from there. This was to have been completed within 72 hours but should still be completed and submitted.to us within 30 days. Let me know if you have questions. Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrock ncdenr. ov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 a Koopman Dairies, Inc 7048782484 P. Statesville April 11, 2017 Dear Mrs. Rosebrock, In response to your Visit on April 61" the following: On or about April 3"' we received notice from an alleged run of( From one of our fields. If there was any run off we believe it was extremely minor in quantity. According to our records we had less than 0.5 inch of rain on 4/3 and less 0.75 on the 3 days after. In a normal scenario this should not be enough rain to cause any run off. If there was any minor runoff it was accidental and not our intention. 7o be on the safe side we used a disk in the field on 3/8, this was the first day that we could enter the field after the rain ended. All waste samples are being processed by the lab in. Raleigh and as soon as results are in we will forward them to you. We apologize if we did have minor run off. We do our best to avoid situations like this as our prior records show, We hope you take this into considcration, Sincerely, �p r ,.. oo man Dairies Inc By Monique Koopman Koopman Dairies, Inc 7048762064 p.1 Statesville April 11, 2017 Dear Mrs. Rosebrock, In response to your visit on April 61h the following: On or about April 31" we received notice from an alleged run off From one of our fields. If there was any run off we believe it was extremely minor in quantity. According to our records we had less than 0.5 inch of rain on 4/3 and less 0.75 on the 3 days after. in a normal scenario this should not be enough rain to cause any run off, if there was any minor runoff` it was accidental and not our intention. To be on the safe side we used a disk in the Field on 3/8, this was the first day that we could enter the Field after the rain ended. All waste samples are being processed by the lab in Raleigh and as soon as results are in we will forward them to you. We apologize if we did have minor run off. We do our best to avoid situations like this as our prior records show. we hope you take this into consideration, Sincerely, olio man Dairies Inc P , By Monique Koopman NC Department of Environmental Quality Received MAY 12 2017 Winston-Salem Regional Office 1mo 0* 000 Statesville May 9, 2017 Subject: NOI-2017-DV-0077 Dear Mrs Knight, In response to your letter the following: On April Y4 we applied manure to one of our newly acquired and recently cleared fields which created an alleged run off. The weather forecast for that day was a 65% chance of 0.29 inches of rain for later in the afternoon. We included a screenshot of the forecast for Liberty. We received more rain than forecasted, according to our records a little less than 0.5 inch. In your letter you refer to NWS records. Those records are either based on weather in Asheboro or Siler City. This might be the difference in actual rainfall on our location and NWS records as those cities are about 20 miles from our location. On the 3 days after the 3`d we received less than 0.75 inch according to our records for our location. In a normal scenario this should not be enough rain to cause any run off. If there was any minor runoff It was accidental and not our intention. 3 IS 7 On Q/8the first day the, held was dried up enough, we used a disk to incorporate the mdmfe. As we could not enter the field prior to that date we do not believe we violated permit condition 11.7. We have submitted all information regarding the fields that were not in our plan yet to Randy Blackwood, who will add them to our plan. All fields have been planted in th last few weeks a d a permanent vegetated buffer has been created on the new and rece leared fi lye d. We have included a completed SLUR-1 form for tract 10730 and manure samples as requested. We were doing and will continue doing our best to be in compliance at all times, Sincerely, Ard and Monique Koopman Mao 09 2017 13:24 HP LHSERJET FHK P.5 `,:�;ay,�.�!A;�L:;��.��f? y�'•i�:.'F"�7.3Aid17ra.—rt r�s$'d:-`�aYe�r.••-��3°'3'%��`i'i•��.~"'.�p�'`'�',`. �'I`"'" .. ... Sampie'.P ervation Yefi#idatlon - ENCd Cary work Order: CA05670 Pr4jed VM1 svaterAfflec. Client: Rgsidentlal/we" (RED15) PMIK4 : manur sample Logged In. 42-kpr•i710:47 Logged By. Jahn C King 'ter ': •����t� 'll`r.�� Rea nt Name ID e hiLne ID 1 .. 3 5 2 4 9 May 09 2017 13117 HP LMSERJE7 FRX EnvlronmerHal Conservstlon Laborstorfae. Inc. 10" WoodMada MdusWal Covrt Cory NC, flail Rime: 91IL"T.70" FAX: 910.4U.UlS �1 aae /nos wAnaaneauaa.aam K-F— CUM Reskkadd Wa14ia1RFAt11 ma Loyd Rd p mal: ti'utennkr Mire, araa roe Suta,;heNC,nus 1`40JdetNua1a: Marano Sample 11#jell II,(e S fj� YTICAL_8ESU1:l'g Santplc ll), Mrsure Bampte Labotmory Number: CA0117041 DoioSeapted-04VI211709:00 Sampled By: Viral Date Received 04AV17 1041 AIIewFN. Aadyn ae,.a Nu,.. limit Uwn 0udine, laaslcal Cbtmfslry Parameters AaWgda rr V aaw D nuA alnrheakd oartaa ormaotl 110aa D man. aU1 aw sd.d Amid$ amr ..at Pa 4 1 of S u The aaayW was analyzed for but not dKWvd ID the I.vel ovodm, adjusted far adual sample preparation data and molcimm eanteFit. wheta applloble. E The rnneentratlao Indicated for Ws ark§W Is in estmated value alzuva the ntbrauan range of the Insitutrwlt Thla value Is mraldered 90 esWilte. MILL MEOW Repoq+ng GFNL The ME is rwghb efILMlent to the prxtitat QuantIWOn (lmit (PQL) and Is Slated M the low palM of the cNlbraboo curve, wlimaW kabte,,ample pnwaration (Ktar, dduOm factor, and, in the me of soil sampl96 MOisDae carda+d. hf thg analysts Wcirt ss ft proaeaca of an snW M for ~ f m is presumpldre evidence (SS% ar Oreater confldem) to make a "tentet3w Idonllf lion". Mai 09 2017 13:20 HP LASERJET FAX Environmental Conservation Laboratories, Inc. 102-A Woodwinds Indualrial Court Cary NC, 27811 Phone: 919,467.3020 FAX: 91PAS7.3515 P. 1 www.encolobs.com Koopmen Client: ResidentiaL%Ikin (RE015) 204 Loyd Rd Project, Wastewater -Mist. ReporrW., Sutesviile NC, 2462S Projecl Number: Manure Sample 21-Apr-I T 11!(* ANALYTICAL RESULTS Sample 10: Menu re Sample Laboratory Nwnber: CA05570-01 Date Samplcd: 04/1211709:00 Sampled By: Client Datr Rercived: 04/12/17 10;41 Allowsbk Nina Rewlt nwes Limit umu `=tncis Classical Chemistry Parameters Ammenle as uloo 0 twVt• Blnehemleal Osygen Dewsnd 12ttaa A rt%t. Tarsl fists endW Solids 23M am& Page 1 Of 5 Mat$ 03 2017 13:20 HP LASERJET FAX P.2 Environmental Conservation Laboratories, Inc. . 102-A Woodwinds Industrial Court e1Ms ' Cary NC, 27511 Phone: 919.4a7.3090 FAKt 919.487,3516 wwmencolabs.aam Koopman Client: Residenl'W Welkin (RE015) 204 Loyd Rd Project Wauewater-Mist, swesvilleNC, :66Z5 Project Number: Manure Sample 21-Apr-17 11 A6 Y rOMETTIOW Sample 1D: Mananr Sample Date Sampled: 04/L21I7 09:00 Date Received: 04/12/17 10:41 Allmrnble LaboratoryNumbcr. CA05570.01REI Sampled By: Client .vM,lw Rssm[ Kwn Unit Units V=31)C 4 Microbloloevical Parameters Colifavm Fecal 'x� Absent W141100mi Analvtes that show an allowable limit of 0 have no wlabli3hed limit. Please refer to EPA.zov for questions about your waters Quality. B The analyte was detected In the associated method blank. D The sample was analyzed at dilution. The reported value Is between the laboratory method detection Ilmit (MOL) and the laboratory method reporting limit (MRL), adjusted for actual sample preparation data and moisture content, where applicable. U The anOte was analyzed for but not detected to the level shown, adjusted for actual sample preparation data and moisture content, where applicable. E The concentretlon Indicated for this analyte Is an estimated value above the caltbraUcin range of the Instrument. This value is mnsldered an e0mate. MRL Method Reporting Umit. The MRL is rough* equivalent to the practical QUantltaUon limit (PQL) and is based on the low point of the calibration curve, when applicable, sample preparston factor, dputton factor, and, in the else of sop samples, moisture content. N The analysis indicates the presence of an analyte for which there is presumptive evidence (85% or greater confidence) to make a "tentative Identification". Page 2 of 5 MM_09 2017 13:20 HP LHSERJET FAX Environmental Conservation Laboratories, Inc. 102.A woodwlodo Industrial Court Cary MC.27511 Phone: 912AB7 3D90 FAX: 919.467.3515 p.3 ... C � aa>. aaa www.eneolabs.cam Koopma.i Client: ResidcntieuVft1Mn (REA15) 204 Loyd Rd Ptaject: Waatnvater-Mise. Reported; Statesville NC.2S625 ProjectNtmfber. ManoceSample 21•Apr-1711:06 LAB.QBaOB-Y CERTIFIfATION SUMMAU Anolysh Milydr Cerl ID Cert Namber Ammonia 350.1 Water NC 591 BOD SM5210B Water NC 591 Coliform, Fecal 9221E %ter NC 591 TS5 SWUM water NC 591 G Bill .Scott, Project Mmagot Page 3 o5 FORM SLUR-1 Slurry and Sludge Application Field Record For Recording Slurry Applicaton Events on Different Fields Farm Owner Facility Number - Spreader Operator Tract & Field # Date (mm/dd/yr) ""Weather Code Crop Type Field Size (acres) Application Method* Number of Loads per Field Volume of each Load" (gallons) 10730 3/25/2017 Gear comsilage 55 br 20 5300 10730 3/29/2017 clear comsilage br 14 5300 10730 3/30/2017 clear comsilage br 16 5300 10730 4/3/2017 pc consilage br 8 7400 " Sl = soil incorporated (disked); BR = broadcast -(surface applied), '* Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual. ""' Weather Codes: C-Clear, PC-Partty Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy 3/14/2003 FORM SL.uR 2 Tract Field Size"etted Acres)=(A) Farm Owner Owners Address Slurry and Sludge Application Field Records One Form for Each Field per Crop Cycle 10730 Fief # 55 Facility Number Ard Koopman Spreader Operator 204 Lloyd Rd., Statesville, NC 28625 and Address Owners Phone # 1 (704) 876-4909 Operators Phone # From Animal Waste Management Plan Crop Type comsilage I Recommended PAN 1% I Loading (Ib/acre) _ M) (1) (21 (3) (4) fm (6) fn (8) —Nutrient Source Date (mm/dd/yr) Number of Loads per Field Volume of each load' (gallons) Total Volume (gallons) (2) x (3) Volume per Acre (gallons/acre) (4) ► (A) Waste Analysis PM— (Ib/1000 gal) PAN Applied (lblacre) (6) x (5) 11000 Nitrogen Balance"' (Nacre) (8)-(7) 196 sp 3/25/2017 20 5,300 106,000 1,927 2.8 5.40 190.60 3/2912017 14 5,300 74,200 1,349 2.8 3.78 186.83 4132017 8 7,400 59,200 1,076 2.8 3.01 183.81 313=017 16 5,300 84.800 1,542 2.8 4.32 179.50 Crop Cycle Totals: 1 324,200 Owners Signature Spreader Operator's Signature Certified Operator (print) Operator Certification No. 16.50 ' Can be found in operators manual for the spreader. Contact a local dealer if you do not have your owners manual. See your waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each appllc ation event "'Enter nutrient source (le. Lagoon/Storage Pond ID, commerical fertilizer, dry titter, etc.) /2202006 'ncOA$cs Agronomic bMsIon RMM: MO) 733.2M Webs". www.Rcw4joweprorwmv t:Vi7 PredIcUn Claret E(OOp w Oft Adw(sor- 4105 MtamM Farm Rd Waste Report .NC asmp*w 04A)9l2017 Links to Helpful Information Nledwl6 04(1012017 oanprwa: 04/14/2017 Fwm: 7" Rmldalph County PALS 0: 424M PALS A: Sample lnfommum NutrW and Other Mleaaurerunts iwboaen (ul (A—) : Prom) K opo Ca ftW Mfg Il " s (April) Fe Moo Mn 01Am) Zn Mw) Cu M m) 0 WM M o MW C (omo %inaateAO 1 iiidsio Codb: t.So TOWN Ise 543 310 231 8a.7 51L2 4.09 7.02 146 0.74 Dascrfrt". t>etry Llq. Slurry TohdPgwhNN 640............ ...................... ................• SS ------- .-................... .. ............................................... EC CCE BD rn M&ft N PM DM (%) (f0ftft) (mSkm) (%) ALE(1000 yeti C.111 (91cm Carrnnento: NHFN 726 NO3-N:.........---------------- ..------ ......... ............... ....................................................................... Omanfe N Nl Mpm) Cd (wN Pb fbp V Al (Awn) 3e (AMM As (axW Cr ft n) No (April) C( (AVO Urea 40.2 356 Estimate of Mutt" Aranahle for Pint Crop Ob r 1000 ear.) Other EMmw to 011110006d.) ADpikMWwAf dwd N P2M .' K20 CO Mp a Fe Mn zn Cu 0 No No C1 N! Cd Pb A So Broadcast 2.80 3.24 0.43 3.00 1.93 0.74 0.46 0.03 0.08 0.02 0.01 L97 0.34 North Carolina l.d¢kti, h rot 1 nrd (•nmo��er Reprogramming of the I emeM ayotem that makes Oft report poesW Is Deft knded through a grant from the North CaMna Tobaam Trent Fwmd Comffft m- ThwAyou for -Ing agr/xlomlcservlc" to manage narrlems urudsq/aguard emdroamerua! quality. - &vw TMder, CommtaslorrarofAgHadrure. Koopman Dairies Inc DV 2017-0035 COC #AWC760060 April 6, 2017 Winston-Salem Regional Office J � a- ;tie.. "-9s:: �� __ �+ _ �•�au=.r.K - - -� ;c_;.-_ - a_c -; Win^ AIR �� •� {,�.�� ray"•-�- ---''-'_. � +. __ _ ow •�_s .�'�'if sJ, •`7 9.�i.�S..W�i, ... 3--Ir:P t. � �'X'=•�°¢hM.:r'�',� i'=��'d'F�J�s3 /4..w a--Y _.•�-_ r __. � �.-n . -. _mow.. t.. _ . _ _ _ iN s011EE ,4 11i7lti r 'nS ir,��,�,�. r "F is •''.. u� •d 1 ' ZF .N •v:2�-r. � 4��� � -�-lei .mac.. :e t nrt E3.7 -v. k7t S ={ Southern portion of recently cleared tract. Note application of waste on April 3, 2017, and one,of the gullies that has formed. Waste was not tilled -in within 48 hours and a receiving crop had not been established or planted. First of two active unpermitted discharges -occurring from the southern portion of the unpermitted receiving tract on April 6, 2017. Waste flowed into WS-III waters of the State. 77-TT 17 NP v SWAP ��-- '~. - -- -- —o a� __ — - f - "_' .r 3. _r _.�r..�,�f;^rr. C _1 � `Ts.. � Vic. «�,. _. „... tit _ � � �' 1 ���� _�k"'EV. _ � _ � - "����'-� � __tip' f N� �_� u � �_ ... . r ' oi+ ,� � Y i c:i ;'rlr�a_ }'•. f� pr ( � � o�.y�s�� w�` ��YF�t��� "' � ►y � �`I�'T. r •,f � . } -r i r ti '• L-LJ y...,' 1 S fi hf` T,", .<y1 rl'11 1 �� . 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S NC #37701 Client Sample ID:. Koopman Dairy Lab Sample ID: 33067.01, Site: NC DEQ Collection [late: 4/6/2017 .10:45 Parameter Method Resu iJnits Rea Limit Analyst Analysis DateMme Fec Coli-MF SM 9222 D-1997 >60000 c01/100 ml 1 LP 4/6/2017 1654 NA = not anolyzed P.O. Box 473 106 Short Street Kemersvi]Ie. North Carolina 27284 Tef: 336.998-2841 Fax, 336-996-0326 wwwjandalabs.com Page 1 ra co8 basic vId Division of water Quality 450 W. Hanes Pill Rd, Ste. 300 Winston-Salem, NC 27105 Attention: Melissa Rosebrock/AP KmTmrwAa. Naih Candkv 27284 11 April 2017 TERMS: NET 30 "PAST DUE INVOICES ACCRUE INTEREST AT I %% INTEREST PER MONTH UNTIL PAID SHOULD COLLECTION BE REQUIRED, CUSTOMER AGREES TO PAY ALL EXPENSES INCURRED INCLUDING ATTORNEY'S FEES" RE - Past Ofte 00 473 11 - evB MM 183 Phone 33819W.2841 Rr Si T1 3: T( REsEARch & AmlyriCA[ LAboMTORIES, INC. Analytical / Process Consultations Phone (336) 996-2841 CHAIN OF CUSTODY RECORD WATER 1 WASTEWATER I mw. •i7 -. i r � • • REQUESTED ANALYStS a Ir' ffmd ■�■�������ME ■■■���� IMEMENMEMEM MEN■■ MENOMONEE ME ■EM -- IMMOMMENOMMEMEEM 'SAMPLE TEMPERATURE AT RECEIPT -=:t� AC37440 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc. Descr.: County: RANDOLPM Collector. M ROSEBROCK VlsRID Region: WSRO Report To WSRO' Location ID: KOOEMAMPAIR,F River Basin CPF01 Collect Date: 04106/2017 Priority COMPLIANCE Emergency Collect Time: 1 4� Sample Matrix: WASTEWATER COC Yes/No Sample Depth Loc. Type: Effluen Final Report Sample ID'. AC37440 PO Number # Date Received: 0410712017 " Time Received: am Labworks LoginlD TASCENZ01 Delivery Method NC Courier Final Report Date: 4117/17 Report Print Date: 008120117 !f this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ nits Method Analysis CAS # Analyte Name g—L Qualifier Reference Date validates by LAB Sample temperature at receipt by lab 1.9 "C 4r7/17 MSWIFT MIC BOD, 5-Day in liquid 2.0 1300 mg1L SM 5210 B-2001 4A117 ESTAFFORDI NUT NH3 as N in liquid 0.02 47 mglL as N EPA 350.1 REV 2 4111/17 CGREEN NO2+NO3 as N in liquid 0.02 1.2 mg1L as N EPA 353.2 REV 2 4/11117 CGREEN Phosphorus —total as P in liquid 0.02 23 mgtLas P EPA365.1 REV 2 4110117 CGREEN Total Neldahl N as N in liquid 0.2 110 mglLas N EPA351.2 REV 2 4113117 CGREEN WSS Chemistry Laboratory» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 "Not Detected" or "Ll" does not indicate the sample is anafyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 Y�'b f kl � x � ��t� � � �.', ', 1�1i �f A.- f !1��,v (rFr�f /i t' w "s{ • ! 1 S ` _ . 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't?':i�1.�i,:��.��•. 1y. � '.�V�^'it�':ir'7 1eY��J1 } Jj I F44 , Ak 7N. 0 T7 N J N4� W-a Y 0 MIN t K t4l dlF LEI 401 ;,k xk Man K4 JK i"M rL71 ,O!o 4 x i'j S, 7L!Xj;' _U V`iok 41' "Y b bs ;4j X.1 l t9 s ry r��T,�P,7 .��;�+� t'•14s'��LL. �°Cr �� �n;���'^'s•'�'i%,�'� ,�i ul 2 WA . . . . . . . . . . "Vk: INK Y.,,yrF il I I C a v?. 4 AP to 3�!v - . ?i I'. ly W, �t 7T- 4 1 fT I ON. M.4 NIV Yn V, 1"N tlllylv I Page 1 of I Randolph Countv. NC i p 11.0 1 `\ RANDOM-WOODS-RD_ _ E e 0 s REID 73903 OWNER ADDRESS2 PIN 8708114338 OWNER CITY STATESVILLE TAXED ACREAGE 3.90 OWNER STATE NC PROPERTY DESCRIPTION R2403;S OWNER ZIP 28625 DEED BOOK & PAGE 002512/00793 LOCATION ADDRESS 3974 OLD RED CROSS RD PLAT BOOK & PAGE Not available LOCATION ZIP CLIMAX,27233 OWNER KOOPMAN DAIRIES INC DATA REFRESHED 6/25/2017 OWNER ADDRESS 204 LOYD RD t/' \ Disclaimer: This map was compiled from recorded deeds, plats, and other public records Map Scale +l� and data. Users of this data are hereby notified that the aforementioned public information 1 inch = 667 feet sources should be consultedfor verification of the information. Randolph County, its 6/28/2017 i� agents and employees make no warranty as to the accuracy of the information on this map. http://gis.randolphcountync.gov/randolphjs/ 6/28/2017 NC Department of Environmental Quality Received MAY 12 2017 Winston-Salem al Office Statesville May 9, 2017 Subject: NOI-2017-DV-0077 Dear Mrs Knight, In response to your letter the following: On April V we applied manure to one of our newly acquired and recently cleared fields which created an alleged run off. The weather forecast for that day was a 65% chance of 0.29 inches of rain for later in the afternoon. We included a screenshot of the forecast for Liberty. We received more rain than forecasted, according to our records a little less than 0.5 inch. In your letter you refer to NWS records. Those records are either based on weather in Asheboro or Siler City. This might be the difference in actual rainfall on our location and NWS records as those cities are about 20 miles from our location. On the 3 days after the 3rd we received less than 0.75 inch according to our records for our location. In a normal scenario this should not be enough rain to cause any run off. If there was any minor runoff it was accidental and not our intention. On 4/8, the first day the field was dried up enough, we used a disk to incorporate the manure. As we could not enter the field prior to that date we do not believe we violated permit condition 11.7. We have submitted all information regarding the fields that were not in our plan yet to Randy Blackwood, who will add them to our plan. All fields have been planted in the last few weeks and a permanent vegetated buffer has been created on the new and recently cleared field. We have included a completed SLUR-1 form for tract 10730 and manure samples as requested. We were doing and will continue doing our best to be in compliance at all times, Sincerely, Ard and Monique Koopman MMAMAwottotaicDtMelon. Phone:=.019173IMM Webelta: etwerjcam potRig rena N,. FYIFAM MM, rrr4 4 � COwt Adbftw- '410.5 �farnde4Farm FLtI } Waste Report -aM 1111Y5'G' + ermpl.a:0410912017 L.InM Ea Flelplul Imormedon Amcdved 04110i2017 CwWkm:0411412017 Far7n: 76-30 PALS Ik 424688 PALS 0: Sample bdbnnatlon hlLMW& and OMw Meal mments Allfti en (M (cmm) : P (can) K fcmrrr) Ca (aom) W & mi S (amm) Fe (mm) Mn (can) ?n (cant Cu ours) s O&W Ma (cpnt) C (MM) . Saalpte lD 1 -ToIW N leg 843 .370 -231 88.7 .65.2 4.09 7.02 -2.46 0.74 turn Coat LSD Aasafadlo+r TOW KleldWN a40 i.......................................................................... .........---------- -- - DalryUq: Slurry PH DM (%) SS (f O'6Srtm) EC (mShm) CCE (%) ALE(1000 901:) QN BD (g►an ) hwrmudc N ContmartCr: NHFN 7.288 NO3-N Qr(rarlfc N ; M form) Cd Nom) Pb (Aom) Al (PPP So (Pam) As (owN Cr *PW Na (wn) CI aaw urea 40.2 355 EWMatt or NuOrle>c1s Axagabia for Fling Crap Qb 11000 gal.) OdMW Ek marpa Qb l 1000 gal.) Appt)ceE)pn &N~ N P20s K20 Ce MOS Fe Mn Zn Cu 8 Ab Na Cl Alf Cd Pb Al Se moadcam 2.80 3.24 8.49 3.09 1.93 0.74 0.46 0.03 0.06 0.02 0.01 2.97 0.34 f orih Carolina hitxtu I�en; 4 ur,ACrxtrRaf>•+n RepVQramming of the laboratory4nWmaWnitranaganwW sptem Met makes M report ppaai is beltlq funded througha' grant ftom the North CamBna Tobeom Trust Fund Commisalon. Thank you for using agr ommidservices to mmuNe'nuinews and sufeg&k,#d em1> taf 4-dity New Trader,, Commi simw ojrAgrw dtwv. Water Resources r Environmental Quality April 21, 2017 CERTIFIED MAIL No. 7015 0640 0005 8164 0926 RETURN RECEIPT REQUESTED Mr. Ard Koopman Koopman Dairies, Inc. 204 Loyd Road Statesville, NC 28625 Subject: Notice of Violation and Notice of Intent to Enforce ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIIVIMERMAN Director N0I-2017-DV-0077 Permit Number: AWC760060 Parcel ID# 8707191668, 8708114338, 8708106667, 7798919504 and 878111770 Randolph County Dear Mr. Koopman: On April 6, 2017, Melissa Rosebrock and Patrick Mitchell of the Division of Water Resources (Division) Winston-Salem Regional Office conducted a site inspection of the above referenced properties in response to complaints alleging excess odor and the runoff of sediment and animal waste. A copy of the inspection report is attached for your review. Accordingly, the following observations and violations were noted: A discharge of cattle waste into Sandy Creek was observed from two different locations of the application field on the south side of Old Red Cross Road. Sandy Creek is also classified as a WS-ill (water supply) water within the Cape Fear River Basin. WSRO did not receive notice of the discharge from anyone with Koopman Dairies, Inc. prior to the Division's discovery of the discharges on March 6, 2017. On March 6, 20.17 Division staff sampled the run-off waste just prior to its entry into Sandy Creek for fecal coliform, biochemical oxygen demand (BOD), and nutrients. The results are as follows: Fecal Coliform = >60,000 col/100mL BOD = 1,300 mg/L NHs as N = 47 mg/L as N NO2+NO3 = 1.2 mg/L as N Total phosphorus = 23.0 mg/L as P Total Kjeldahl N =110 mg/L as N State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, WinstmSalem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 Koopman — NOV/N01 April 21, 2017 Page 2 No discoloration was noted in the surface waters upstream of the recently cleared application area while the surface water was much darker in color, with more discolored foam, downstream of the denuded application fields, which suggests the discharge was occurring prior to the April 6, 2017 investigation. The unpermitted discharge of animal waste into surface waters is a violation of condition I.I. of the Cattle Waste Management System General Permit (Permit). Condition 11.22. also states that "the Permittee shall consider pending weather conditions in making the decision to apply waste..." You may recall that the National Weather Service (NWS) forecast for April 3, 2017 was for rain and thunderstorms in and around the application area. During phone conversations with the Division, Koopman Dairies, Inc. indicated that they "quit applying waste when it started to rain." Koopman Dairy records indicate that less than 0.50 inches of rain fell on April 3, 2017 and less than 0.75 inches on the three days following application. NWS records confirm that the following weather conditions were recorded in and around the area for April 3, 2017: "Thunderstorms, heavy rain, rain, light rain, fog" and at least 0.70 inches of rain between April 3-4, 2017. SLUR-2 records indicate that 59,200 gallons of waste was applied to 55 acres of tract 10730 on April 3, 2017 (1,076 gallons per acre). Division staff also documented sediment run-off from the newly cleared land. This is most likely caused by the lack of vegetation on the steep slopes and recent rain events. Some ruts have also formed in the fields and are a conveyance for sediment and waste. 2. The site inspection and records review also confirms that animal waste was applied to fields not In the Certified Animal Waste Management Plan (CAWMP). Per submitted application records, waste was applied to tract 10730. This tract is NOT listed in any of the following versions of the CAWMP: 3/9/2016; 5/7/2010; 4/17/2008; 8/7/2006. The inspection also documents that animal waste had been applied to the small grain crop in the fields across the road (north side of Old Red Cross Road) as evidenced by the waste on the stems and leaves of the plants and slurry equipment tracks in the fields. Records indicate that Randy Joe Garner owns these fields and that they are NOT listed in the CAWMP. The application of waste upon areas not included in the CAWMP is a violation of permit condition 11.2. 3. An unusually strong waste odor was detected in and around the application areas. Our investigation concluded that animal waste was applied March 25-April 3, 2017 to recently cleared and denuded land in tract 10730 and not tilled -in until 3/8/2017. Failure to incorporate manure into bare soil within two days after land application, or prior to the next rainfall event, is a violation of permit condition 11.7. Required Response: Accordingly, you are directed to respond in writing within ten (10) calendar days of receipt of this Notice. Your response should be sent to my attention at the letterhead address and must include specific plans and timeline for permanently addressing the following: Koopman — NOV/N01 April 21, 2017 Page 3 1. Immediately establish a vegetative cover for ALL fields in tract 10730 that received animal waste. You should also repair the ruts that have formed on the denuded land so that future run- off might be minimized. A permanent vegetated buffer in the area along the stream should be created to help prevent further run-off of sediment and manure during rain events. 2. Receiving fields located in the parcels listed above must be approved and added to the CAWMP prior to ANY future waste application events. If these fields are not deemed suitable for waste application, then no animal additional waste may be applied. 3. Application records submitted to the WSRO for tract 10730 did not include the required "weather code." A completed SLUR-1 form, which includes the weather code, should therefore be submitted to the Winston-Salem Regional Office. We request that you submit application records for those fields that received waste on the north side of Red Cross Road as well. Please note that the 12/18/2016 waste analysis used to complete the submitted SLUR-2 form was not conducted within sixty days of application. Thus, a new waste analysis should be obtained as soon as possible. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Pursuant to G.S.143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Please contact Melissa Rosebrock (336-776-9699) or me (336-776-9696) if you have questions concerning this Notice. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,'NCDEQ— WSRO Attachment cc: WSRO File Copy NCDEQ DWR-Animal Waste Feeding Operations Randolph County NRCS and Soil and Water Conservation District (via emails) N01: aolr7-IOv-0077 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. A Signature ■ Print your name and address on the reverse ❑ Agent so that we can return the card to you. U Addressee ■ Attach this card to the back of the maiipiece, B. Received by (Printed Name) C. Datof Delivery or on the front if space permits. M. �[1 �7rY Yn -1 . f 1..Ar sole Addressed to: Mr. Ard Koopman Koopman Dairies, Inc. 1204 Loyd Road j Statesville, NC 28625 i D. Is delivery address different from Item 1 T-�Fa YeE If YES, enter delivery address below: . ❑ No I! 11illl! Iill III! I I I! li I II IIII II lli! III! II I III 3. Service Type ❑ Prlatity Mall Express® © Adult signature ❑ Registered Mall*- ❑ Adult Signature Restdcted Dellvary ❑ Registered Mall Rastrlotet 9590 9403 0921 523 9827 90 rc rntinad MMee, 2Restricted DeUmy ❑ IDoIhre R lfor ❑ Collect on Delivery --- -- - --.- n rAWA an Delivery Restricted Dellvery ° Signature Connnnatlon*M 7 015 0640 0005 8164 0926 ° Restrl�cteed�Dal Y� lion u Restricted Delivery I —tnver auul Ps; Form 3811, July 2016 PSN 7530-02-000-9053 �� JF% .. Domestic Return Receipt U First -Class Mail Postage & Fees Paid USPS i Permit No. G-10 9590 9403 01 223 9627 90 United States • Sender: Please print your name, address, and ZIP+4® in this box* Postal Service NC Departm— n,f - - Environmental ` @'WATER QUALITY REGIONAL OPERATIONS SECTION ReceiV, ,' N.C. DEPARTMENT OF ENVIRONMENTAL QUALITY MAY 0 b 20 :r 450 WEST HANES MILL ROAD, SUITE 300 WINSTOW SALEM, NC 27105-7407 Winston-5aic fn Regional Office 11111,1111I h,111111)1111111l1fjfl1ltff)oi►rl11Jf111111f1111111 Division of Water Resources ❑ Division of Soil and Water Conservation El Other Agency Facility Number: 760060 Facility Status: Active Permit: AWC760060 ❑ Denied Access Inppection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Complaint Date of Visit: 04/06/2017 EntryTime: 10:15 am Exit Time Farm Name: Koopman Dairies Inc Owner: Koopman Dairies Inc Mailing Address: Physical Address Facility Status: County: Randolph Region: Winston-Salem 12:00 pm Incident 9 Owner Email: Phone: 204 Lloyd Rd Statesville NC 28625 4105 Meredall Farm Rd Liberty NC 27298 ❑ Compliant 0 Not Compliant Integrator: 704-876-4909 Location of Farm: Latitude: 35° 51' 22" Longitude: 79° 38' 27" Farm address: 4718 Ramseur- Julian Road, Liberty, NCUS Hwy 421 south from GSO. Right onto Old Liberty Rd. Right onto Ramseur -Julian Rd. Farm is on daht. Question Areas: Dischrge & Stream Impacts Waste Cal, Star, & Treat Waste Application Records and Documents Other issues Certified Operator: Ard Koopman Operator Certification Number. 997080 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Ard Koopman Phone : 704-876-4909 On -site representative Ard Koopman Phone : 704-876-4909 Primary Inspector: Melissa sebrodc Phone: Inspector Signature: Date: Secon71napector(s): Inspection Summary: page: 1 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inssection Type: Compliance Inspection Reason for Visit: Complaint 1. Observed animal waste flowing from application fields into Sandy Creek (Water Supply III, Cape Fear River Basin). WSRO-DWR sampled the run-off waste, just prior to its entry Into Sandy Creek, for fecal coliform, biochemical oxygen demand (SOD), and nutrients. The fecal colifonn result= >60,000 col/100mL. 2. Site conditions: Temperature=56 degrees F; very windy; partly sunny tumer cloudier and colder, very strong waste odor on areas nearest Old Red Cross Road. Dead worms were observed in puddles of waste in the field. Puddles were very dark in color. Application tracks from slurry equipment were noted in the fields. Waste had been applied to small grain on fields across the road. Stream is 10-15 feet wide. Stream water was much darker in color, with more discolored foam, downstream of the denuded application fields, which suggests discharge had been occurring prior to our arrival today. No discoloration noted in the stream and tributary upstream of the recently cleared land that had received animal waste. 3. Observed sediment run-off from newly cleared land caused by the lack of vegetation on the steep slopes and the heavy rains on 4/2/2017 and 41512017. Some gullies have also formed and are a conveyance for sediment and waste. 11. Waste was applied to land not in the CAWMP. Regardless, the permit requires that waste be tilled -in within 2 days of application which began 3/2512017 and ended 41312017. Waste was not tilled -in until 41812017. 14. Some of the acreage within the unpermitted tract/fields had an established small grain crop. Waste was observed on the stems and leaves of the small grain plants. 15. Need to immediately establish a vegetative cover for ALL fields that received animal waste. Many acres are completely denuded of vegetation. 21. The application records received by the WSRO for tract 10730 did not include documentation of 120 minute inspections. This will need to be submitted to the regional office. 29. The waste odor eminating from application tract #10730 was stronger than is typical, possibly due to the large amount of acreage receiving waste in a short period of time. 30. The alleged discharge was reported by a complainant and investigated while the OIClowner was out of town. WSRO did not receive notice of the discharge from anyone with Koopman Dairies, Inc. prior to our visit on 41612017. 32. Per OICIOwner's records, waste was applied to tract 10730. This tract is NOT listed in any of the following versions of the waste plan: 31912016; 5/712010; 411712008; U712006. Tech specialist confirmed that the recently cleared application tract (#10730), which received the waste, is not in the waste plan. However, Koopman Dairies, Inc. does own this land. Fields receiving animal waste, located across the road, are owned by Randy Joe Garner. 33. Spoke to Mr. Koopman about odor complaint on 4/3/2017 while he was traveling out of town. He stated that only a half -inch of rain had been predicted for 0410312017. Waste was applied by Mr. Koopman and his certified operators, however, Mr. Koopman stated that they quit applying when it started to rain. Left message on 4/5/2017 for Mr. Eric Isley, farm manager, stating that we had now received another call regarding the run-off of manure from the unvegetated application fields. The WSRO did not receive a return call from Mr. Isley. WSRO spoke to Mr. Koopman again on 04107/2017. OwnerlOIC said he was "trying to apply waste to stay ahead of the game" with regards to the weather and the limited opportunities available to apply waste and plant corn in the spring. 34. WSRO may need to follow-up as necessary to ensure compliance page: 2 Permit: AVVC760060 Owner- Facility : Koopman Dairies Inc Facility Number. 760060 Inspection Date: 04/06/17 Inppection Type: Compliance Inspection Reason for Visit: Complaint Regulated Operations Design Capacity Current promotlons Cattle FqCattle -Milk Cow 5,000 Total Design Capacity: 5,000 Total SSLW: 7,000,000 Waste Structures Observed Disignated Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond 04 18.00 96.00 Waste Pond LARGE WSP #3 28.00 Waste Pond LOWER STAGE #2 24.00 Waste Pond UPPER STAGE #1 12.00 page: 3 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inspection Type: Compliance Inspection Reason for Visit: Complaint Discharges & Stream Impacts Yes No No No 1. Is any discharge observed from any part of the operation? MCIEDD Discharge originated at: Structure ❑ Application Field Other [� a. Was conveyance man-made? ❑ M ❑ [] b. Did discharge reach Waters of the State? (if yes, notify DWQ) M ❑ ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? 16-20 gal min. during t45 hr inspection, more prior to that. d. Does discharge bypass the waste management system? (if yes, notify DWQ) M❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ❑ ❑ State other than from a discharge? Waste Collection. Storage & Treatment Yes No Na No 4. Is storage capacity less than adequate? ❑ 0 ❑ Cl If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large ❑ ❑ ❑ . trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑M ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ M ❑ ❑ maintenance or improvement? Waste Application Yee No No No 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ ❑ ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10°/a/10 lbs,? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? Outside of acceptable crop window? E] Evidence of wind drift? ❑ page: 4 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number. 760060 inspection Date: 04/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint Waste ADMIcatlon Application outside of application area? Crop Type 1 Small Grain (Wheal, Barley, Oats) Crop Type 2 No Cover Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14, Do the receiving crops differ from those designated in the Certified Animal Waste ❑0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ M ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ■ ❑ ❑ Records and Documents Yes , Nq Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ❑ ❑ 20, Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? 110 ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ page: 5 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint Records and Documents Yee No Na No Stocking? ❑ Crop yields? ❑ 120 Minute inspections? Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ ■ 23, If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ N ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a PDA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ Other Issues Yea No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ 110 and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, 0111111 contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? 0 ❑ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tie drains exist at the facility? ❑ ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon / Storage Pond ❑ Other n If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? M. ❑ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? E ❑ ❑ ❑ page: 6 Rosebrock, Melissa From: Monique Koopman <amkoopman@hotmail.com> Sent: Wednesday, April 12, 2017 8:35 AM To: Rosebrock, Melissa Subject: Re: Requirements as a result of the discharge Hi Melissa, I faxed a copy of the letter to the fax number you gave me the other day. A hard copy is in the mail. Thanks for reminding us! Monique Koopman From: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> Sent: Tuesday, April 11, 2017 11:18:51 AM To: Ard Koopman Subject: Requirements as a result of the discharge Ard (and Monique), As you know, I observed the discharge of waste from the fields off Old Red Cross Road. When there is a discharge, there are certain requirements that must then be met. If you have not already done so, let me remind you to about the following permit conditions: III. 9. and 111.13 — If/when you have knowledge of a discharge you must notify our office within 24 hours. I observed the discharge before anyone from the dairy but you should still send a written report to our office with answers to 111.9. a-f. 111.13. page 10 — A written report must be sent to our office addressing the requirements in the permit (page 10, middle of the page). This was due within 5 days but you should still send that to us. It is very similar to the above report. Note that'T" requires that a sample be taken of the waste and analyzed for the parameters listed. This is different to your normal waste analysis. The closest lab is probably Research and Analytical Labs in Kernersville. The fecal coliform bacteria sample has a short hold time and a special bottle you get from the lab. The nutrients require a special acid preservative. Ask the lab about that. Tell them you have had an animal waste discharge and read paragraph "f" for them and ask them what to do from there. This was to have been completed within 72 hours but should still be completed and submitted -to us within 30 days. Let me know if you have questions. Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa. rosebrock&,ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 `� `� 1�nopman Qairies, Inc 7048702064 p• Statesville April 11, 2017 Dear Mrs. Rosebrock, In response to your visit on April 61h the following: On or about April 3" 1 we received notice from an alleged run off From one of our fields. If there was any run off we believe it was extremely minor in quantity. According to our records we had less than 0.5 inch of rain on 4/3 and less 0.75 on the 3 days after, in a normal scenario this should not be enough rain to Cause any run off. if there was any minor runoff it was accidental and not our intention. To be on the safe side we used a disk in the field on 3/8, this was the first day that we could enter the Field after the rain ended. All waste samples are being processed by the lab in Raleigh and as soon as results are In we will forward them to you. We apologize If we did have minor run off. We do our best to avoid situations like this as our prior records show. VVe hope you take this into consideration, Sincerely, po mann ines Inc q By Monique Koopman NC Department of Environmental Quality Received APR 1.7 2017 Statesville April 11, 2017 Winston-Salem Dear Mrs. Rosebrock, Regional Office In response to your visit on April 6th the following: On or about April 3`d we received notice from an alleged run off from one of our fields. If there was any run off we believe it was extremely minor in quantity. According to our records we had less than 0.5 inch of rain on 4/3 and less 0.75 on the 3 days after. In a normal scenario this should not be enough rain to cause any run off. If there was any minor runoff it was accidental and not our intention. + To be on the safe side we used a disk in the field on 3/8, this was the first day that we could enter the field after the rain ended. All waste samples are being processed by the lab in Raleigh and as soon as results are in we will forward them to you We apologize if we did have minor run off. We do our best to avoid situations like this as our prior records show. We hope you take this into consideration, Sincerely, Koopman Dairies, Inc By Monique Koopman Rosebrock, Melissa From: Monique Koopman <amkoopman@hotmail.com> Sent: Monday, April 10, 2017 5:01 PM To: Rosebrock, Melissa Subject: RE: Fwd: Koopman Complaint Ok thanks, waste reports should be in your fax. Enjoy your night, Monique Sent from my Verizon Wireless 4G LTE Droid On Apr 10, 2017 4:58 PM, "Rosebrock, Melissa" <melissa.rosebrock@ncdenr.gov> wrote: Monique, here's the number: 336.776.9797 Thank youl Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa. rosebrock{g-ncdenr.aov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 INCNothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Monique Koopman [mailto:amkoopman@hotmail.com] Sent: Monday, April 10, 2017 3:35 PM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> Subject: Re: Fwd: Koopman Complaint Hi Melissa, Do you have a fax number? Sent from my Verizon Wireless 4G LTE Droid On Apr 4, 2017 2:17 PM, "Rosebrock, Melissa" <melissa.rosebrock ncdenr. av> wrote: It appears that you may have applied animal waste onto fields not in the waste plan. i �entram my Verizon Wireless AG LTE smartphone -------- Original message -------- From: "Blackwood, Randy - NRCS, Asheboro, NC" Date:04/04/2017 9:08 AM (GMT-05:00) To: "Rosebrock, Melissa" Subject: RE: Koopman Complaint They're not part of the latest (3/16/16) plan that I have. From: Rosebrock, MelissafmaiIto: melissa.rosebrockancdenr.gov] Sent: Monday, April 03, 2017 5:23 PM To: Blackwood, Randy - NRCS, Asheboro, NC <Randy.Blackwood(aanc.usda.gov> Cc: Randy Freeman <Randy. Freemannrandolphcountync.gov> Subject: Koopman Complaint Randy, Got a complaint today, mostly about odor, regarding land application activities off Old Red Cross Road, Caller was also concerned about runoff. Question: Are these parcels in his waste plan? Ard says the fields at the front of the property (near road?) are in the plan, but he's not sure about the rest, There are about 110 total acres and he says he has cleared about 2/3 of it. Complainant says he has applied waste on all the cleared land. Per GIS, the following parcels are owed by Koopman Dairies, Inc., just need to know if they are in his waste plan. Thank youth PIN 8707191668 PIN 8708114338 PIN 8708106667 Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrock@ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 INI 'C'11- Nothing Compares --%-.- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. if you believe you have received this message in error, please notify the sender and delete the email immediately. Property Summary - RANDOLPH County Real Property Data Page 1 of 2 Tax Department'User Guide Property Summary Data last updated on: 8/28/2016 Ownership current as of: 8/25/2016 _ Search Results New Search REID 0083106 PIN # 8716176239 000 Location Address Property Description 4106 MEREDELL FARM RD Lot * BARRY KENT & PENNY WAUGH JOHNSON•TR2 5 +TR Parcel I aLLLUjagE 10utbuildin s Land I Deeds I otes Owner's Mailing Address ales I hotos Tax Bill k1 a Property Location Address Property Owner: KOOPMAN DAIRIES INC 204 LOYD OR 4106 MEREDELL FARM RD STATESVILLE NC 28625 Administrative Data Transfer Information Property Value Old Map# 8716.00 Deed Date 12/20/2013 Total Appraised Land $1,300,010 VCS 3440 Deed Book 002368 Value Township LIBERTY Deed Page 01364 Total Appraised $169,936 Planning Revenue Stamps 0.00 Building Value Jurisdiction RANDOLPH Package Sale Date ra Total Appraised 407 010 ' City Package Sale Price Outbuilding Value Fire District JULIAN Land Sale Date Spec District 1 Land Sale Price Total Appraised Value $1,876,956 Spec District 2 Land Class SINGLE FAMILY Improvement Summary Elderly Exclusion History Parcel RESIDENCE Total Buildings 5 Other Exemptions Number 1 Total Units 0 History Parcel Total Heated Area 6,172 Use Value Deferred Number 2 Historic Value Deferred Acreage 439 Total Deferred Value Permit Date Permit # Total Assessed Value $1,876,956 http://txpwa.co_randolph.nc.uslpubliewebaccesseamalPropertySummary.aspx?PIN=87l 6176239 5/22/2017 _- ru12. STATE OF NORTH CAROLINA Total Miles Plate f 7PP_%o9 DEPARTMENT OF ADMINISTRATION Rate Per Mite $0.49 Vehicle# 12SW2 MOTOR FLEET TRAVEL LOG Mileage Chae Vehk2e Model 110urarvo Minimum Amount Next Oil Chmige Due I For Porrnenently Assigned Vehicles Total Amount Agarwy DivisiordSectlon Fund RCC r—Proo DePM Oft. No. DEQ -itOWR-water Quality Regional -Company 1602 1690 69D1 4300 individual Responsible for Vehicle roval of or SupendW Vehicle No. or Month of Sherri Knight 2SM72 Wrij TRIP DATES OFFICIAL TRAVEL Pu Trt " Division Center Print Name Above line 1p Trip �8 Fuel Type— Full City (Pa ) tilII rE Leave ReturnFrom To Div Coda It dtilererd SI n your nams" Out I In Miles AU.J[c �W 2-03 U1S 0GtM XX VA�cle4-ho dw ► o 1/S � � � f i I f I 5V =�Ix s0L L v 10 I` 4 WOO r C �.� n'3 S4 ficl _q �[ 1 W stia Wq �8'� 15,E 2S m0 Z No. orrrlps No. of TrI No. or Kcal rrl Odometer Read s:l oeprmg Of �h �/ O S Efil (I MoieQr SS • By signing out a vehicle, the user. 1. Shall ensure that your HR Office has on file a current, valid, appropriate NCDL, and 2. Attests the above license does not have In excess of S points for moving violation In last 3 yrs or drugfalcohol convicttan in test 5 yrs. Failure to provide the above information may result In disciplinary action up to and Including dismissal. Purpose of Trip., C - Complaint E - EnforeementlLegal F- Field trips 1- Inspection/Sits Visits M - Meating/Training P - Permitting S - Sampling T - Technical O - Other (Please specify in box) Fuel Types. 135 - Biopiesel, 5% B20 - BloDlesel, 20% t_ D — Dlasel, regular E10 - Ethanol, 10% E85 - Ethanol, 85% G87 - Gasoline, unleaded G89 - Gasoline, unleaded 093 - Gasoline, unleaded O -Other (Please specify in box) DENR 0Cs2 rev. 12-28-09 1I-0 FlF121 STATE OF NORTH CAROLINA Total Mlles Plate # PP-%W DEPARTMENT OF ADMINISTRATION Raft Per Mile Vehicle 250572 MOTOR FLEET TRAVEL LOG Mileage c Vehicle Model Durango Minimum Amount Next Oil Change Due For Pennanently Assigned Vehicles Total Amount $0.49 = Agency DMieionfSection Com n Fund I RCC Prcg DepU Off. No. DEQ DWR-Water Quality Regional Operations 1602 1690 1 6901 4300 Individual Rea Able for Vehicle RAAPP.oy.11l of Ag@ncy H or Supervisor Vehicle No. For Month of Sheri "I 2WS72 TRIP DATES OFFICIAL TRAVEL Pu otTrl Division Div Code it d'dferard Center Print Name Above line Pre-Tdv Inspedion Complete Fuel Type"} fuel QtY MILEAGE Leave Return j From To Sign your name" Out in Mites `�a s (aqL-> ft.V-0f Zip �� �L C No. of Trips No. of Trip Da No. of Local TM Odometer Readi s:; t1apning MonlhOf ? n� CQ O End 9 North: By signing out a vehicle, the user. t. Shall ensure that your HR Offire has on file a current, valid, appropriate NCDL, and 2. Attests the above license does not have In excess of 6 points for moving violation In last 3 yrs or druglalcohol conviction in last 5 yns. Failure to provide the above Irrformatlnn may result In disciplinary action up to and Including dismissal. Non- CDL Pro -kip Inspection Checklist Safety! Emergency Equipment available Brakes —good pedal pressure Hom operational Tires — inflated and with adequate tread Tail Lights operational Head Lights — High and Low Beam operational Turn Signals operational Emergency Flashers operational parking lights operational Brake lights operational Windshield Wipers operational and washer fluid In reservoir No visibia fluid leak Mirrors — adjusted pmEqtt DENR 0052 Purpose of Trip: C - Complaint F- Field trips M - MeatinglTreining S - Sampling O - Other (Please specify in box) Fuel Types: 135 - Bloplesel, 5% D — Diesel, regular E65 - Ethanol, 95% G88 - Gasoline, unleaded O - Other (Please specify In box) E - EntoreementfLegal I - InspecdonlSito Visits P - Permitting T - Technical 820 - BlaDleasl, 20% E10 - Ethanol, 10% G87 - Gasoline, unleaded 093 - Gasoline, unleaded rev. 12-28-09 Water Quality Monitoring Field Meter Calibration Sheet Sampling Loca Meter Model: Meter / Sondi Date Time Initials yy/mm/dd 24hr hh:mm Pre -Sampling Calibration i O'f 0 41 S� Post -Sampling Check Miscellaneous (Does not app to Y51 or Accumet Meters) ery level (V) Stirrer Working? Pre -Sampling Calibration Y/N Post -Sampling Check Y / N Battery Ranges = Surveyor: Internal - 7.2 - 7.SV, Ext al - 11- 13V; Quanta N - R.SV Dissolved Oxygen (mg/1) Barometer Calibration (mmHg) 'Y51 Pro Plus Meters Only Initial Calibrated Reading Value j ,/]al Initial % Barometric D.O. Table Initial Meter Calibrated Meter Calibrated % Temp. °C Saturation Pressure Altitude (ft.) value Reading (mg/1) Reading (mg/I) Saturation (mmHg) Pre -Sampling Calibration ; 1 , 7� Post -Sampling Check P g y it l I4 I, ��li� ' N�a i G �II 41� 1 4 4 k III I i' I I I�i�1�1 jIy l'l �h 1, 11, l ljjjl I 1_,;Ill llllll 111{€,-all iI yI �l fll I,, ill'! 111 IIII II{�l.1I44 I M d 41 Il ,II Mid [_II.I:: ii -II€;l 'l 1 l Il lull lull 141i l' i I I N3 l I4 lilt ill i t within ± 0.S ? Y/N 11`�jI Il ll IIII I;II'I Specific Conductance Pre -Sampling Calibration Post -Sampling Check 6/cm at 25°C) Dry Airy2 Zero (0) initial Meter Calibrated" Reading I Meter Readir Within ± 2? tt #: a TTq Conductivity Standard Value: Initial Meter Calibrated° Reading Metter Readiin Within ± 10%? Y/N #: bration Check Initial Meter Reading Within ±10%? Y/N NOTES: Quanta reads in m5/cm; move decimal 3 places to the right for pS/em. `Dry Air CALIBRATIONS are conducted for 4a and M55 Hydrolabs only. 'Dry Air CHECKS (confirmation of zero in dry air) are conducted for YSI 85, Y51 6920, YSI Pro Plus & Quanta meters. 3Conductivity standards are used to CHECK the YSI 85 meter and to CALIBRATE all Hydrolab meters and the YSI 6920 8l YSI Pro Plus 4Does not apply to Dry Air CHECKS or Conductivity Standard CHECKS (leave blank). off [SUl I Lot #-. 2fobS1) W 4 lLot#: -2LO o g1 Buffer #1 Buffeg, Confirmation 7.0 4.0 / 0.0 Buffer _ Buffer Temp: a,a . Buffer Temp: �a ` Slope Efficiency' 7.0 Initial Meter Calibrated Meter Initial Meter Calibrated Meter Meter Reading !leading Reading Reading Reading Pre -Sampling Calibration 7, Q 6 7, p� V. 2 �" T O/ Check `iT. Within+0.1? lil1�il3l'l l ' �`i''`i �IIlllIlIk l llllyylh Nil! lllllillllllf'rliii�``l��j llllllll llll! 11lll�liill Y/NPost-Sampling �li Within±0.2?l Illi 4Ij Within + 02? �Illl Y/N lilililj4`,�,i'.�j:414��1.l.l;klil�ik . Y/N Ni llI;III:.:,;.lililil.fllll.!IIr,: -Slope efficiency applies to Accumet meters only tones not apply to Hyorolatl or -fw meters 1. Comments: Kann nriuinal fnr S vpare 7/15/2016, 1:38 PM DWR Pld Mtf Cal Sht V20160708.xlsx Temp. Barometric Pressure (mm Hg) (deg Q 736 737 738 739 740 741 742 743 744 745 746 747 1 748 749 750 751 752 753 18.8 9.01 9.03 9.04 9.05 9.06 9.08 9.09 9.10 9.11 9.13 9.14 9.15 9.16 9.18 9.19 9.20 9.21 9.23 18.9 9.00 9.01 9.02 9.03 9.05 9.06 9.07 9.08 9.10 9.1-1 9.12 9.13 9.15 9.16 9.17 9.18 9.20 9.21 19.0 8.98 8.99 9.00 9.01 9.03 9.04 9.05 9.06 9.08 9.09 9.10 9.11 9.13 9.14 9.15 9.16 9.18 9.19 19.1 8.96 8.97 8.98 9.00 9.01 9.02 9.03 9.05 9.06 9.07 9.08 ' 9.10 9.11 9.12 9.13 9.15 9.16 9.17 19.2 8.94 8.95 8.97 8.98 8.99 9.00 9.02 9.03 9.04 9.05 9.07 9.08 9.09 9.10 9.11 9.13 9.14 9.15 19.3 8.92 8.94 8.95 8.96 8.97 8.98 9.00 9.01 9.02 9.03 9.05 9.06 9.07 9.08 9.10 9.11 9.12 9.13 19.4 8.90 8.92 8.93 8.94 8.95 8.97 8.98 8.99 9.00 9.02 9.03 9.04 9.05 9.07 9.08 9.09 9.10 9.12 19.5 8.89 8.90 8.91 8.92 8.94 8.95 8.96 8.97 8.99 9.00 9.01 9.02 9.04 9.05 9.06 9.07 9.08 9.10 19.6 8.87 8.88 8.89 8.91 8.92 8.93 8.94 8.96 8.97 8.98 8.99 9.00 9.02 9.03 9.04 9.05 9.07 9.08 19.7 8.85 8.86 8.88 8.89 8.90 8.91 8.93 8.94 8.95 8.96 8.97 8.99 9.00 9.01 9.02 9.04 9.05 9.06 19.8 8.83 8.85 8.86 8.87 8.88 8.90 8.91 8.92 8.93 8.94 8.96 8.97 8.98 8.99 9.01 9.02 9.03 9.04 19.9 8.82 8.83 8.84 8.85 8.87 8.88 8.89 1 8.90 8.91 1 8.93 8.94 8.95 8.96 8.98 8.99 9.00 9.01 9.02 20.0 8.80 8.81 8.82 8.84 8.85 8.86 8.87 8.88 8.90 8.91 8.92 8.93 8.95 8.96 8.97 8.98 8.99 9.01 20.1 8.78 8.79 8.81 8.82 8.83 8.84 8.85 8.87 8.88 8.89 8.90 8.92 8.93 8.94 8.95 8.96 8.98 8.99 20.2 8.76 8.78 8.79 8.80 8.81 8.82 8.84 8.85 8.86 8.87 8.89 8.90 8.91 8.92 8.93 8.95 8.96 8.97 20.3 8.75 8.76 8.77 8.78 8.80 8.81 8.82 8.83 8.84 8.86 8.87 8.88 8.89 8.90 8.92 8.93 8.94 8.95 20.4 11 8.73 8.74 8.75 8.77 8.78 8.79 8.80 8.81 8.83 8.84 8.85 8.86 8.87 8.89 8.90 8.91 8.92 8.94 20.5 8.71 8.72 8.74 8.75 8.76 8.77 8.78 8.80 8.81 8.82 8.83 8.85 8.86 8.87 8.88 8.89 8.91 8.92 20.6 8.69 8.71 8.72 8.73 8.74 8.76 8.77 8.78 8.79 8.80 8.82 8.83 8.84 8.85 8.86 8.88 8.89 8.90 20.7 8.68 8.69 8.70 8.71 8.73 8.74 8.75 8.76 8.77 8.79 8.80 8.81 8.82 8.83 8.85 8.86 8.87 8.88 20.8 8.66 8.67 8.68 8.70 8.71 8.72 8.73 8.74 8.76 8.77 8.78 8.79 8.81 8.82 8.83 8.84 8.85 8.87 20.9 8.64 8.66 8.67 8.68 8.69 8.70 8.72 8.73 8.74 8.75 8.76 8.78 8.79 8.80 8.81 8.82 8.84 8.85 21.0 8.63 8.64 8.65 8.66 8.67 8.69 8.70 8.71 8.72 8.73 8.75 8.76 8.77 8.78 8.79 8.81 8.82 8.83 21.1 8.61 8.62 8.63 8.65 8.66 8.67 8.68 8.69 8.71 '8.72 8.73 8.74 8.75 8.77 8.78 8.79 8.80 8.81 21.2 8.59 8.60 8.62 8.63 8.64 8.65 8.66 8.6.8, 8.69 8.70 8.71 8.72 8.74 8.75 8.76 8.77 8.78 8.80 21.3 8.58 8.59 8.60 8.61 8.62 8.64 8.65 8.66 8.67 8.68 8.70 8.71 8.72 8.73 8.74 8.76 8.77 8.78 21.4 " 8.56 8.57 8.58 8.60 8.61 8.62 8.63 8.64 8.65 8.67 8.68 8.69 8.70 8.71 8.73 8.74 8.75 8.76 21.5 8.54 8.55 8.57 8.58 8.59 8.60 8.61 8.63 8.64 8.65 8.66 8.67 8.69 8.70 8.71 8.72 8.73 8.75 21.6 8.53 8.54 '8.55 8.56 8.57 8.59 8.60 8.61 8.62 8.63 8.65 8.66 8.67 8.68 8.69 8.70 8.72 8.73 21.7 8.51 8.52 8.53 8.55 8.56 8.57 8.58 8.59 8.60 8.62 8.63 8.64 8.65 8.66 8.68 8.69 8.70 8.71 21.8 8.49 8.51 8.52 8.53 8.54 8.55 8.56 8.58 8.59 8.60 8.61 8.62 8.64 8.65 8.66 8.67 8.68 8.69- 21.9 8.48 8.49 8.50 8.51 8.52 8.54 8.55 8.56 8.57 8.58 8.60 8.61 8.62 8.63 8.64 8.65 8.67 8.68. 22.0 8.46 8.47 8.48 8.50 8.51 8.52 8.53 8.54 8.55 8.57 8.58 8.59 8.60 8.61 8.63 8.64 8.65 8.66 22.1 8.44 8.46 8.47 8.48 8.49 8.50 8.51 8.53 8.54 8.55 8.56 8.57 8.59 8.60 8.61 8.62 8.63 8.64 22.2 8.43 8.44 8.45 8.46 8.47 8.49 8.50 8.51 8.52 8.53 8.55 8.56 8.57 8.58 8.59 8.60 8.62 1 8.63 22.3 8.41 8.42 8.44 8.45 8.46 8.47 8.48 8.49 8.51 8.52 8.53 8.54 8.55 8.56 8.58 8.59 8.60 8.61 22.4 8.40 8.41 8.42 8.43 8.44 8.45 8.47 1 8.48 8.49 8.50 8.51 8.52 8.54 8.55 8.56 8.57 8.58 8.59 22.5 8.38 8.39 8.40 8.41 8.43 8.44 8.45 1 8.46 8.47 8.48 8.50 8.51 8.52 8.53 8.54 8.55 8.57 8.58 North Carolina Division of Water Resources Water Sample Collection &Submittal Form Central Laboratory (Water Sciences Section] u D co MGtI+\ID alit' (� 5 l �iILC . ocatz_ %o (UL0.1n l l Q C�[ � � e ,-�W � ❑Ambient ❑Routine compliance ❑ COC Emer en ❑ g cy ❑QA ❑ Surface ❑Ground �UasteEffluent ❑ Blank Solution ❑River/Stream ❑Estuary ❑Stormwater ❑MonitoringWell Field Blank ❑Filter Blank ❑other: ❑Lake ❑Cana{ ❑Water Supply ❑ Influent ❑Trip Blank - i C p 5 P__ 0 - CJ L{ ` State Courier ❑Hand Delivery ❑ Other: Notes: c 4s, � J Chlorinated De -chlorinated in Field ❑ ❑ Grab Composite _ Other: Tatorr '�l i. Dissolved analysis: Enter"DIS' ❑ Filtered in Field in check-twxes for parameters e� pear �}QSt� t�'i�l®� o_k�gyipara MBAS (surfactants) mg/L N_ leta _ ...� . !s: Tin (Sn) µg/L rjAcidity, as CaCO3, to pH 4-5/8.3 mg/L pi] and Grease, HEM, Total Recoverable mg/L Aluminum (Ai) pg/L Titanium {Ti) pg/L ty, as CaCo3, to pH 4.5/8.3 mg/L Phenols, Total Recoverable pg/L Antimony (Sb) pg/L Vanadium (V) µgJL ochemical Oxygen demand, 5-day mg/L Residue: Total (rotalSolids) mg/L Arsenic (As) pg/L Zinc (Zn) µg/L cBOD: Carbonaceous BOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Ba) pg/L Coliform: Fecal MF /100ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) pg/L Baron (8), Total µg/L Coliform: Total MF /100ml Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) pg/L Mercury 1631, low-level ng/L Coliform: Tube Fecal /loom] TDS - Total Dissolved Solids mg/L Calcium (Ca) mg/L Coliform: Tube Total /100ml Silica mg/L Chromium (Cr), Total pg/L QiROMm _'_ Specific Conductance, at 25 °C umhos/cm Sulfide mg/L Cobalt (Co) pg/L Acid Herbicides TOC - Total Organic Carbon mg/L Tannin & Lignin mg/L Copper (Cu) pg/L Organochlorine Pesticides Turbidity NTU Iron (Fe) pg/L Organonitrogen Pesticides �arafrs: Lead (Pb) pg/L Organophosphorus Pesticides tiYilT6t;yi .. _ pH S.U. Lithium (Li) pg/L PCBs {polychlorinated biphenyls} Bromide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) mg/L Chloride mg/L Manganese (Mn) pg/L Semi -Volatile Organics (BNAs) Fluoride mg/L Mercury (Hg) pg/L 1 TPH Diesel Range Sulfate mg/L lIdiff- sl Molybdenum (Mo) pg/L Chlorophyll a pg/L Ammonia as N (NH3-N) mg/L Nickel (N]) pg/L Volatile Organics (VOA) Color_ ADM c.u. Nitrate -Nitrite as N (NO3+NO2-N) mg/L Potassium (K) mg/L Color: Platinum Cobalt c.u. otal Kjeldahl Nitrogen as N (TKN) mg/L Selenium (Se) pg/L TPH Gasoline Range COD: chemical oxygen Demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) pg/L Cyanide, Total mg/L Nitrite as N (NOZ-N) mg/L Sodium (Na) mg/L - Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) pg/L Phytoplankton / Algae Hexavalent Chromium (Cr6+) mg/L Orthophosphate as P (PO4) mg/L Thallium (TI) pg/L LAB COMMENTS Revision: AC3744o North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc. Deem: County: RANDOLPH Collector. M ROSEBROCK VISRID Region: WSRO Report To WSRO Location ID: KOOPMANDAIRES River Basin CPF01 Collect Date: 04/0812017 Priority COMPLIANCE Emergency Collect Time: 10:,t{ Sample Matrix: WASTEWATER COG Yes/No Sample Depth Loc. Type: EfNuent Final Report Sample ID: AC 7440 - PO Number # Date Received: WM712017 Time Received: 21LIM Labworks LoginlD TASCENZOI Delivery Method Cam, Cour er Final Report Date: 4117117 Report Print Date: 0411812017 If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ jLnih Method Analysis CAS At Analyte Name P�,1 Qualifier Reference Date validated by LAB Sample temperature at receipt by lab 1.9 °C 07117 MSWIFT MIC BOD, 5-Day in liquid 2.0 1300 mg1L SM 5210 B-2001 417117 ESTAFFORDI NUT NH3 as N in liquid 0.02 47 mg/L as N EPA 350.1 REV 2 4/11/17 CGREEN NO2+NO3 as N in liquid 0.02 1.2 mg/Las N EPA 353.2 REV 2 4/11/17 CGREEN Phosphorus total as P in liquid 0.02 23 mg1L as P EPA 365.1 REV 2 4/10/17 CGREEN Total Neldahl N as N in liquid 0.2 110 mg1L as N EPA 351.2 REV 2 4113/17 CGREEN WSS Chemistry Laboratory>> 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 7334908 "Not Detected" or"U" does not indicate the sample is anWe free but that the anatyte is not detected at or above the POL. Page 1 of 1 Division of Water Resources Division of Soil and Water Conservation Other Agency Facility Number: 760060 Facility Status: Active Permit: AWC760060 [ Denied Access Inpsection Type: Compliance inspection Inactive Or Closed Date: Reason for Vlait: Complaint County: Randolph Region: Winston-Salem Date of Visit: 04/0612017 EntryTime: 10:15 am Exit Time: 12:00 pm Incident # Farm Name: Koopman Dairies Inc Owner Email: Owner: Koopman Dairies Inc Phone: Mailing Address: 204 Lloyd Rd Statesville NC 28625 Physical Address: 4105 Meredall Farm Rd Liberty NC 27298 Facility Status: ❑ Compliant Not Compliant Integrator: Location of Farm: Latitude: 35' 51' 22" Longitude: 79° 38' 27" Farm address: 4718 Ramseur- Julian Road, Liberty, NCUS Hwy 421 south from GSO. Right onto Old Liberty Rd. Right onto Ramseur -Julian Rd. Farm is on right. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other issues 704-876-4949 Certified Operator: Ard Koopman Operator Certification Number: 997080 Secondary OIC(s): On-Slte Representative(s): Name Title J Phone 24 hour contact name Ard Koopman Phone: 704-876-4909 On -site representative Ard Koopman Phone : 704-876-4909 Primary Inspector: Inspector Signature: Secondary Inspector{s). r `- Inspectlon Summary: Melissa Rosebrock Phone: Date: page: 1 r � , Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint 1. Observed animal waste flowing from application fields and into Sandy Creek (Water Supply III, Cape Fear River Basin). WSRO-DWR sampled the run-off waste for fecal coliform, BOD, and nutrients. 2. Site conditions: Temperature=56 degrees F; very windy; partly sunny; very strong waste odor on areas nearest Old Red Cross Road. Dead worms were observed in puddles of waste in the field. Puddles were very dark in color. Application tracks from slurry equipment were noted in the fields. Waste had been applied to small grain on fields across the road. Stream is 10-15 feel wide. Stream water was much darker in color, with more discolored foam, downstream of the denuded application fields, which suggests discharge had been occurring prior to our arrival today. No discoloration noted in the stream and tributary upstream of the recently cleared land that had received animal waste. 3. Observed sediment run-off from newly Geared land caused by the lack of vegetation on the steep slopes and the heavy rains on 4/2/2017 and 415,12017. Some gullies have also formed and are a conveyance for the sediment and waste. 11. Waste was applied to land not in the CAWMP. Regardless, the wa a been tilled in within 2 days of application which began 3/25/2017 and ended 4/312017. Waste was not tilled -in ��14. While th wing fields on th nUy Geared land are not in the CAWMP, the actual crop exislmg on o e e a application fields ' UP small rain .Waste was observed on the stems and leaves of the small grain in all fields r where a small gn' p had been lished. However, waste had not been tilled -under on the newly Gearedlbare fields that I PS` i7HT r� l V received e. 1 }0 i �f 15. Need to immediately establish a vegetative cover for ALL fields that received animal waste. Many acres are completely denuded of permanent vegetation. 21. The application records received by the WSRO for tract 10730 did not include documentation of 120 minute inspections. This will need to be sub ' d to the regional office.. �•/j� 1, 29. The waste od emi ting from ap liedkron t 0.#10730 was s strong r than is usual, possibly due to the large amount of acreage receiving s in a short period of time. 30. The alleged discharge was reported by a complainant and investigated while the OlClowner was out of town. WSRO did not receive notice of discharge from anyone with Koopman Dairies, Inc. prior to our visit on 402017. 32. Per OIC/Owner's records, waste was applied to tract 10730. This tract is NOT listed in any of the following versions of the waste plan: 3/912016; 517/2010; 411712008; 8/712006, Tech specialist confirmed that the recently cleared application tract (10730), which received the waste, is not in the waste plan. However, Koopman Dairies, Inc. does own this land. Fields receiving animal waste, located across the road, are owned by Randy Joe Gamer. 33. Spoke to Mr. Koopman about odor complaint on 4/3/2017 while he was traveling out of town. He stated that only a half4rich of rain had been predicted for 0410312017. Waste was applied by Mr. Koopman and his certified operators, however, Mr. Koopman stated that they quit applying when it started to rain. Left message on 4/5/2017 for Mr, Eric Isley stating that we had now received another call regarding the run-off of manure from the unvegetated application fields. Spoke to Mr. Koopman again on 04/0712017, Owner/OIC said he was "trying to apply waste to stay ahead of the game" with regards to the weather and the limited opportunities available to apply waste and plant com in the spring. 34.WSRO may need to follow-up as necessary t page: 2 Permit: AWC760060 Owner - Facility : Koopmen Dairies Inc Facility Number. 760060 Inspection Date: 04/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint Regulated Operations Design Capacity Current promotions Cattle Fff Cattle - Milk Cow 5,000 Total Design Capacity: 5,000 Total SS LW: 7,000,000 Waste Structures Disignated Observed Type Identifier Closed Date start Date Freeboard Freeboard Waste Pond 04 18.00 96,00 Waste Pond LARGE WSP #3 28.00 Waste Pond LOWER STAGE #2 24.00 Waste Pond UPPER STAGE #1 12.00 page: 3 ", Permit: AWC760060 Owner - Facility : . Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inppection Type: Compliance Inspection Reason for Visit: Complaint Discharges & Stream Impacts Yes No Na No 1. Is any discharge observed from any part of the operation? ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field Other ❑ a. Was conveyance man-made? ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? 16-20 gal min. during 1:45 hr inspection, more prior to that d. Does discharge bypass the waste management system? (if yes, notify DWQ) 0 ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No Na No 4. Is storage capacity less than adequate? ❑M ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large ❑ M ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ❑ ❑ B. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ M ❑ ❑ to roofed pits., dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ ❑ ❑ maintenance or improvement? Waste Application Yes No Na Me 10. Are there any required buffers, setbacks, or compliance alternatives that need Cl Cl Cl ❑ maintenance or improvement? 11. Is there evidence of incorrect application? M ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ page: 4 Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inppection Type: Compliance Inspection Reason for Visit: Complaint Waste Application Yes No Na No Application outside of application area? Crop Type 1 Small Grain (Wheat, Barley, Oats) Crop Type 2 No Cover Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ M ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ M ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ 0 ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ M ❑ ❑ Records and Documents Yee_ Na Na Me 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? Cl Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? M ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ page: 5 r- Permit: AWC760060 Owner - Facility : Koopman Dairies Inc Facility Number: 760060 Inspection Date: 04/06/17 Inppection Type: Compliance Inspection Reason for Visit: Complaint Records and Documents Yes No No He Stocking'? ❑ Crop yields? ❑ 120 Minute inspections? Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ E ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ N. Otherlssues Yes No Na No l 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, E ❑ ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? 0 ❑ ❑ Cl (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ ❑ ❑ E. If yes, check the appropriate box below. Application Field ❑ Lagoon I Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ ❑ ❑ CAWM P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? 0 ❑ ❑ ❑ page: 6 r FORM SLUR -I Slurry and Sludge Application Field Record For Recording Slurry Applicaton Events on Different Fields Farm Owner Facility Number - Spreader Operator Tract & Field # Date (mm/ddtyr) "`Weather Code Crop Type Field Size (acres) Application Method' Humber of Loads per Field Volume of each Load"' (gallons) 10730 3/25/2017 clear comsilage 55 br 20 5300 10730 3/29/2017 clear comsilage br 14 5300 10730 3/30/2017 clear comsilage br 16 5300 10730 4/3/2017 pc consilage br 8 7400 I * SI = soil incorporated (disked); BR = broadcast (surface applied). *� Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual. ' Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy 3/14/2003 i FORM SLUR-2 Tract # Field Size(Wetted Acres)=(A) Farm Owner Owners Address Owners Phone # Slurry and Sludge Application Field Records One Form for Each Field per Crop Cycle 10730 Field # 55 Facility Number Ard Koopman Spreader Operator 204 Lloyd Rd., Statesville, NC 28625 and Address (704) 876-4909 1 Operators Phone # From Animal Waste Management Plan Crop Type comsilage Recommended PAN 196 i I Loading (lb/acre) = (B) 111 (2) 131 (4) (51 (81 (71 (8) ****Nutrient Source Date (mmldd/yr) Number of Loads per Field Volume of each Load' (gallons) Total Volume (gallons) (2) x (3) Volume per Acre (gallons/acre) (4) / (A) Waste Analysis PAN" (lb/1000 gal) PAN Applied (Iblacre) (6) x (5)1 1000 Nitrogen Balance*'* (lb/acre) (B) - (7) B= 196 Sp 3/26/2017 20 5,300 106,000 1,927 2.8 5.40 190.60 3/29/2017 14 5,300 74,200 1,349 2.8 3.78 186,83 4/3/2017 8 7,400 59,200 1,076 2.8 3.01 183.81 3/30/2017 16 5,300 84,800 1,542 2.8 4.32 179.50 Crop Cycle Totals: 324,200 j 16.50 Owners Signature Spreader Operator's Signature Certified Operator (print) Operator Certification No. ' Can be found in operators manual for the spreader. Contact a local dealer if you do not have your owners manual. '* See your waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. 'Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event. '""'Enter nutrient source (ie. Lagoon/Storage Pond ID, commerical fertilizer, dry litter, etc.) 12/20/2006 440iii- Verixnn LTE' , 4:42' PM I BMW y LIBERTY 1 R. NORTH CAROLINA, SUN MON TUC WED THU FRI SAT 4 Moa 4/$-, r Day RealFeel@,' 730 *I ' Cloud yWkth,periods,of rain and. arthunderstorm.this afternoon f p tation. 65i _ SSE.. • 1 o.- W Pnd. . . Ra�n.'0.29�ni. Speed: 8MPN. t. Snow.: o.01 Gusts 23MPH .Ice:. � t ' 0,01N , Cloud Cover: Sunr' -' � 97-, use: 7 02 AM` 'O�V [lade 'Ac o►hr Matl 09 2017 13:20 HP LASERJET FAX p.1 Environmental Conservation Laboratories, Inc. 102-A Woodwlnds Industrial Court Cary NC, Y7511 Phone: 818.467.31780 FAX: 919.487.3515 www.encolsbs,com Koopman Client: ResidentiaLNValkin (RE0151 204 Loyd Rd Project: Wastewater-Misc. Reported: Statesville NC,29625 Project Number: Manure Sample 21-Apr-1711:06 Sample ID: ManureSample Date Sampled; 04/i2/17 09:00 Date Received: 04/17J17 10:41 Aimlyte Result Not[a ANA=CAL RESULTS Allowable Limit Units Classical Chemistry Parameters Ammonia as N IWO D M991 Biocbemical OxY2en demand 920106 D mg't. Total Sas ended Solids 23M Mot L.aboratu>y Ntunber: CAU5370-01 Sampled By; Client Qwlificia -;;gel Of May 09 2017 13:17 HP LRSERJET FRR Errvironmelntal Conservation Laboratories, Inc. roe -A WwAvdnd. Inw.srhd court Cary INC, 77511 Phone: 419.447.3M FAA: DIDA67.3516 p.l swiw.mee4be,com KuW.w Client. R[LldrndalAVrlkin(REQt'_) 2" Loyd Rd Proja:r. Wastewalcr-Misc. Reaamd: SuUeavilleNC, 20625 Pm i-I Number: Manure Srnple 21-Apr•17 11:00 ANALMC& RMUTS Sample ID: M&aura Sample Laboratory Number CA03570-01 Date Sampled: 04112r1708:00 Sampled By: client Date Received 0411VI7 1041 A16-14e Aadsrc R—h Nino liedi U,m Wdisas Claaakal Chemistry Parameters Amnesia as V ine D nyL 81nehem1ed Osygm bemaad ataao D mart. T-A'%.—d.d -tw. asaea ..an. Page 1of5 U The analyte was analir2ed for but not detected to the level shown, adjusted for actua4 sample preperatior data and moisture content, where applicable. E Th a mncerdrallon indirated for tfas onalyte Is an estimated value above the calibration range of the instrument This value Is considered on estimate. MR1 Method Reporting Urnift. The MRL is roughy egldtatent to the pramml quantitabon timlt (PQL) and is based on the low point or t11e tallbraaon curve, when eppllcable, sample preparation factor, dilution factor, and, in the case tN sal samples, molsttre content. fJ The analysis Indicates the presence of an analyte for V^4:h there is presumptive evidence (05% or greater ranfldenoe) to make a "tentative identification". Mai 09 2017 13:20 HP LRSERJET FAX P•2 Environmental Conservation Laboratories, Inc. 102-A Woodwinds Industrial Court Cary NC, 27511 Phone: 919.467.3090 FAX: 919.467.3515 0 fg .la` vtww.encolabo xam Koopmzn Client: Rcsidential/Walkcin (RE015) 204 Loyd Rd Projext: Wastewater -Mix. Reported: SulesvilleNC,28625 Project Number. ManurcSample 21-Apr-1711:06 Sample ID: Manare Sample Dale Sampled: 04112JI 7 09:00 Dale Received: 04/12/17 10Al Analyte Result Notes ANALMCAL RESULTS Allownbk Unit Urdu Microbiological Parameters Coliform Fecal .2*10DOO nnsenr NrPNJroomL Laboralmy Nam bet-. Sampled By: Client Qualifies CA 05570-01 RE I Analytes that show an allowable limit oi0 have no established limit. Please refer to t PA.gov for questions nboatyour water's quality. NOTES ANDjQEEjNjTIQNS B The analyte was detected in the associated method blank. D The sample was analyzed at dilutlon. J The reported value Is between the laboratory method detection limit (MOL) and the laboratory method reporting limit (MRL), adjusted for actual sample preparation data and moisture content, where applicable. U The analyte was analyzed For but nut detected to the level shown, adjusted for actual sample preparation data and moisture content, where applicable. E The concentration Indicated for this analyte is an estimated value above the calibration range of the instrument. This value is considered an estimate. MRL Method Reporting Umlt. The MRL Is roughly equivalent to the practical tluantitation limit (PQL) and is based on the low point of the calibration curve, when applicable, sample preparation Factor, dilution Factor, and, in the Case of soil samples, moisture content N The analysis indicates the presence of an analyte For whlch there is presumptive evidence (85% or greater confidence) to make a "tentative identification". Page 2 of 5 EZ LL LU fY LLJ U) a. m 76 4" 7,49 Fr� At tm Ok F11-Z av A VT� . . . . . . . ...... I w. . . . . . . . . . . . . . . . lilt, i1iIII Mr, 19 OMM 11 Ly '3t, �f lily_ � '� .i I#Ifs' { yst.,lj 41'll _`' � ��,;,.; . ��:�. � ^,. ��'' �i iut' 4i�1 �! . F Elli��!�E ' !g'k`«'�iii IIIiti 3� �. �` � �'�5;. fY� rv�w�y' f' 'ti R' .:' . r ., In m I lib"Im TRW. ' ] i i. l x :pJ IT! "'T INTMAit .4akadv'igt�y!I�A"!Y .' �; '�' p, r , ,.. r J:.:: .. �7 ' . _ , .!r ' ,F, - Wj4j A qio N n,MrfT Mats 09 2017 13:20 HP LRSERJET FAX p.3 Environmental Conservation Laboratories, Inc. 102-A Woodwinds Industrial Court Cary NC, 27511 Phone: 919AS7.3090 FAX: 919.467.3516 .rri�=O www.eneolabs.com Koopma, Client: ResidertbabWatkin (RE015) 204 Loyd Rd Project: Wulewater-Mist. Reported: 5uetavifle NC, 28625 Project Number: Manure Sample 21-Apr-17 1 1;(16 LABORATORY CERTIFICATION SUMMARY Analysis Matrix Cerl ID Cert Number Ammonia350.1 Water NC 591 BOD SM521 US Water NC 591 Coliform, Fecal 022311 Water NC 591 'f5S SM254 1) Water NC 591 G Bill Scott, Project Manages Page 3 of Mao 09 2017 13:24 HP LRSERJET FAX P. S Sample' Preser+vad�in Vbfiflwn AIF ENC4 Cary Work Order: CA05570 project: des terms Chent: ResMerrti0ft1cin (RE015) Project: Manure Sample Logue tn., 12-Apr,17 1047 Logged By: loan King CA055704 "t C 12WMLP+H2So4 1 -,2" r.lr'I N I NA 1 Y r(I#I NA Reamt Name ID Reawnt Name117 i ' 31 --d J5 2 d $ Page 5 of 5 aueIof Page 1 of 1 Observed Precipitation $ rn � rd� * * * ,$ "GS.995L mf http://water.weather.gov/precip/print.php?product--observed 4/11/2017 Page 1 of 1 Observed Precipitation e� • �g s '�r�n http://water.weather.gov/precip/print.php?product=observed 4/11/2017 Randolph County, NC Weather History Page 1 of 2 ...................... -. %� • Shorten & Share r Your Links for Free -�WeatherDB US Severe Weather More - k Join Sign in byGRAPHIQ — — Home > Weather History > Randolph County, NC -4 Share Explore Randolph County, NC Weather History -a Results N Guide You are currently viewing 4 results filtered by: 0410312017 to 04I06I2017 x Neer "Liberty, NC, United $fates" x - Clear filter only Randolph County, NC Weather History. Sorted by Date - Earliest First i Viewing 19 List - Show all Daily Weather -' History) Daily Average Daily High Daily Low Daily Daily Search by Name Temperature Temperature Temperature Precipitation Snowfall Ck New York City Randolph County, North Carolina Select a State - - - - - O 16.5 miles 0 Search by Location April 3, 2017 a - o - ❑ Add to Compare in, in. Liberty, NC, United States 20 miles - Randolph County, - North Carolina Geography Type 9 16.5 miles 0:73 ❑ City April 4, 2017 ❑ County ❑ Add to Compare in. ❑ State Randolph County, Select Date or Date Range North Carolina Between 04/03/2017 Q 16.5 miles 0 0 April 5, 2017 - 0 - And 0410612017 ❑ Add to Compare in. in. Select Month Randolph County, Select Day North Carolina ^ O 16.5 miles 1.1 Select Year ^ April 6, 2017 Population (2013) ❑Add to Compare in. ❑ Under 10,000 ❑ 10,000—100,OOD Compare ❑ i00,000-1M ❑ 1M+ 38.4M' Source: Displaying 1 through 4 of 4 listings NOAA. As of April 20, 2017; refreshed daily. Show details - https:Hdaily-weather.weatherdb.com/d/a/Randolph-County%2C-NC 4/20/2017 National Weathbr Service - Climate Data Pagel of 3 - These data are preliminary and have not undergone final quality control by the National Climatic Data Center (NCDC). Therefore, these. data are subject to revision. Final and certified climate data can be accessed at the NCDC - http://www.ncdc.noaa.gQ . Climatological Report (Daily) 482 CDUS42 KRAH 040815 CLIGSO CLIMATE REPORT NATIONAL WEATHER SERVICE RALEIGH NC 412 AM EDT TUE APR 4 2017 ...THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE SUMMARY FOR APRIL 3 2017... CLIMATE NORMAL PERIOD 1981 TO 2010 CLIMATE RECORD PERIOD 1903 TO 2017 WEATHER ITEM OBSERVED TIME RECORD YEAR NORMAL DEPARTURE LAST VALUE (LST) VALUE VALUE FROM YEAR NORMAL .................................................................. TEMPERATURE (F) YESTERDAY MAXIMUM 73 145 PM 90 1967 67 6 63 MINIMUM 50 432 AM 25 1992 44 6 40 1972 AVERAGE 62 PRECIPITATION (IN) YESTERDAY MONTH TO DATE SINCE MAR 1 SINCE JAN 1 SNOWFALL (IN) YESTERDAY MONTH TO DATE SINCE MAR 1 SINCE JUL 1 SNOW DEPTH DEGREE DAYS HEATING 55 7 52 0.70 1.35 1960 0.13 0.57 0.00 0.70 0.38 0.32 0.07 3.26 4.11 -0.85 2.03 8.87 10.13 -1.26 8.17 0.0 8.0 1915 0.0 0.0 0.0 0.0 0.0 0.0 0.0 T 0.8 -0.8 0.0 8.0 7.5 0.5 4.5 0 http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data Page 2 of 3 -10' . •1 YESTERDAY 3 10 —7 13 MONTH TO DATE 15 32 —17 15 SINCE MAR 1 451 502 —51 283 SINCE JUL 1 2621 3357 —736 2669 COOLING YESTERDAY 0 1 -1 0 MONTH TO DATE 0 2 -2 4 SINCE MAR 1 8 7 1 30 SINCE JAN 1 12 7 5 30 WIND (MPH) HIGHEST WIND SPEED HIGHEST GUST SPEED AVERAGE WIND SPEED SKY COVER POSSIBLE SUNSHINE MM AVERAGE SKY COVER 0.8 25 HIGHEST WIND DIRECTION 35 HIGHEST GUST DIRECTION 10.6 WEATHER CONDITIONS THE FOLLOWING WEATHER WAS RECORDED YESTERDAY. THUNDERSTORM HEAVY RAIN RAIN LIGHT RAIN FOG RELATIVE HUMIDITY (PERCENT) HIGHEST 100 800 PM LOWEST 61 200 PM AVERAGE 81 S (160) S (160) THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE NORMALS FOR TODAY NORMAL RECORD YEAR MAXIMUM TEMPERATURE (F) 67 86 1934 MINIMUM TEMPERATURE (F) 44 21 1943 SUNRISE AND SUNSET APRIL 4 201i.......... SUNRISE 701 AM EDT APRIL 5 201i.......... SUNRISE 700 AM EDT SUNSET SUNSET 744 PM EDT 745 PM EDT http://w2.weath.er.gov/climate/getclimate.php?wfo�ah 4/11/2017 National Weather Service - Climate Data Page 3 of 3 - INDICATES NEGATIVE NUMBERS. R INDICATES RECORD WAS SET OR TIED. MM INDICATES DATA IS MISSING. T INDICATES TRACE AMOUNT. The U.S. Naval Observatory (USNO) computes astronomical data. Therefore, the NWS does not record, certify, or authenticate astronomical data. Computed times of sunrise, sunset, moonrise, moonset; and twilight, moon phases and other astronomical data are available from USNO's Astronomical Applications Department (http://www.usno.navy.mil). See .htt ://www.usn.o.nav .mi.I/USNO/astronomical.-a l.i.cations/astronomical.-information-center/liti atio.n for information on using these data for legal purposes. http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data Pagel of 3 These data are preliminary and have not undergone final quality control by the National Climatic Data Center (NCDC). Therefore, these data are subject to revision. Final and certified climate data can be accessed at the NCDC - httl2://www.ncdc.noaa.gov. Climatological Report (Daily) 000 CDUS42 KRAH 030824 CLIGSO CLIMATE REPORT NATIONAL WEATHER SERVICE RALEIGH NC 423 AM EDT MON APR 3 2017 ...THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE SUMMARY FOR APRIL 2 2017... CLIMATE NORMAL PERIOD 1981 TO 2010 CLIMATE RECORD PERIOD 1903 TO 2017 WEATHER ITEM OBSERVED TIME RECORD YEAR NORMAL DEPARTURE LAST VALUE (LST) VALUE VALUE FROM YEAR NORMAL .................................................................. TEMPERATURE (F) YESTERDAY MAXIMUM 68 414 PM 87 2010 66 2 71 1967 MINIMUM AVERAGE PRECIPITATION (IN) YESTERDAY MONTH TO DATE SINCE MAR 1 SINCE JAN 1 SNOWFALL (IN) YESTERDAY MONTH TO DATE SINCE MAR 1 SINCE JUL 1 SNOW DEPTH DEGREE DAYS HEATING 45 640 AM 24 1923 44 1 54 57 55 2 63 0.00 2.15 1936 0.12 -0.12 0.01 0.00 0.25 -0.25 0.07 2.56 3.98 -1.42 2.03 8.17 10.00 -1.83 8.17 0.0 0.0 MM 0.0 0.0 0.0 0.0 0.0 0.0 0.0 T 0.8 -0.8 0.0 8.0 7.5 0.5 4.5 0 http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017. National Weather Service - Climate Data Page 2 of 3 YESTERDAY 8 11 -3 2 MONTH TO DATE 12 22 -10 2 SINCE MAR 1 448 492 -44 270 SINCE JUL 1 2618 3347 -729 2656 COOLING YESTERDAY 0 1 -1 0 MONTH TO DATE 0 1 -1 4 SINCE MAR 1 8 6 2 30 SINCE JAN 1. .................................................................. 12 6 6 30 WIND (MPH) HIGHEST WIND SPEED HIGHEST GUST SPEED AVERAGE WIND SPEED SKY COVER POSSIBLE SUNSHINE MM i AVERAGE SKY COVER 0.4 14 HIGHEST WIND DIRECTION 17 HIGHEST GUST DIRECTION 6.1 WEATHER CONDITIONS THE FOLLOWING WEATHER WAS RECORDED YESTERDAY. NO SIGNIFICANT WEATHER WAS OBSERVED. RELATIVE HUMIDITY (PERCENT) HIGHEST 83 600 AM LOWEST 42 400 PM AVERAGE 63 NE (60) NE (60) THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE NORMALS FOR TODAY NORMAL RECORD YEAR MAXIMUM TEMPERATURE (F) 67 90 1967 MINIMUM TEMPERATURE (F) 44 25 1992 1972 SUNRISE AND SUNSET APRIL 3 2017......... SUNRISE 703 AM EDT SUNSET 744 PM EDT APRIL 4 2017......... SUNRISE 701 AM EDT SUNSET 744 PM EDT - INDICATES NEGATIVE NUMBERS. R INDICATES RECORD WAS SET OR TIED. MM INDICATES DATA IS MISSING. http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2O17 Y+ National V,1eath41 Service - Climate Data. Page 1 of 3 These data are preliminary and have not undergone final quality control by the National Climatic Data Center (NCDC). Therefore, these data are subject to revision. Final and certified climate data can be accessed at the NCDC - http://www.ncdc.noaa.gov, Climatological Report (Daily) 845 CDUS42 KRAH 060547 CLIGSO CLIMATE REPORT NATIONAL WEATHER SERVICE RALEIGH NC 145 AM EDT THU APR 6 2017 ...THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE SUMMARY FOR"APRIL 5 2017... CLIMATE NORMAL PERIOD 1981 TO 2010 CLIMATE RECORD PERIOD 1903 TO 2017 WEATHER ITEM OBSERVED TIME RECORD YEAR NORMAL DEPARTURE LAST VALUE (LST) VALUE VALUE FROM YEAR NORMAL .................................................................. TEMPERATURE (F) YESTERDAY MAXIMUM 72 1104 AM 87 1942 67 5 62 1929 MINIMUM 53 621 AM 26 1944 44 9 39 AVERAGE 63 56 7 51 PRECIPITATION (IN) YESTERDAY 0.08 2.03 1957 0.12 -0.04 0.00 MONTH TO DATE 0.78 0.61 0.17 0.07 SINCE -MAR 1 3.34 4.34 -1.00 2.03 SINCE JAN 1 8.95 10.36 -1.41 8.17 SNOWFALL (IN) YESTERDAY 0.0 T 1987 0.1 -0.1 0.0 1960 1936 MONTH TO DATE 0.0 0.1 -0.1 0.0 SINCE MAR 1 T 0.9 -0.9 0.0 SINCE JUL 1 8.0 7.6 0.4 4.5 SNOW DEPTH 0 http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data 1~age 2 of 3 DEGREE DAYS HEATING YESTERDAY 2 10 -8 14 MONTH TO DATE 17 52 -35 33 SINCE MAR 1 453 522 -69 301 SINCE JUL 1. 2623 3377 -754 2687 COOLING YESTERDAY 0 1 -1 0 MONTH TO DATE 4 4 0 4 SINCE MAR 1 12 9 3 30 SINCE JAN 1. 16 9 7 30 WIND (MPH) HIGHEST WIND SPEED 28 HIGHEST WIND DIRECTION S (170) HIGHEST GUST SPEED 32 HIGHEST GUST DIRECTION S (170) AVERAGE WIND SPEED 7.2 SKY COVER POSSIBLE SUNSHINE MM AVERAGE SKY COVER 0.6 WEATHER CONDITIONS THE FOLLOWING WEATHER WAS RECORDED YESTERDAY. THUNDERSTORM LIGHT RAIN FOG RELATIVE HUMIDITY (PERCENT) HIGHEST 93 900 PM LOWEST 47 1000 AM AVERAGE 70 THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE NORMALS FOR TODAY NORMAL RECORD YEAR MAXIMUM TEMPERATURE (F) 68 89 2010 1967 1929 MINIMUM TEMPERATURE (F) 45 26 1944 SUNRISE AND SUNSET APRIL 6 2017......... SUNRISE '659 AM EDT SUNSET 746 PM EDT APRIL 7 2017......... SUNRISE 657 AM EDT SUNSET 747 PM EDT http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National WeatAr Service - Climate Data Page 3 of 3 - INDICATES R INDICATES MM INDICATES T INDICATES NEGATIVE NUMBERS. RECORD WAS SET OR TIED. DATA IS MISSING. TRACE AMOUNT. The U.S. Naval Observatory (USNO) computes astronomical data. Therefore, the NWS does not record, certify, or authenticate astronomical data. Computed times of sunrise, sunset, moonrise, moonset; and twilight, moon phases and other astronomical data are available from USNO's Astronomical Applications Department (http://www.usno.navy.mil). See http:l/www.usno.nav_y.miI/USNO/astronomical-applications/astronomical„-infon-nation-center/Iiti ag_tion for information on using these data for legal purposes. http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/ 11 /2017 National Weather Service - Climate Data Page 1 of 3 These data are preliminary and have not undergone final quality control by the National Climatic Data Center (NCDC). Therefore, these data are subject to revision. Final and certified climate data can be accessed at the NCDC - http://www.nede.noaa.go . Climatological Report (Daily) 000 CDUS42 KRAH 050832 CLIGSO CLIMATE REPORT NATIONAL WEATHER SERVICE RALEIGH NC 430 AM EDT WED APR 5 2017 ...THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE SUMMARY FOR APRIL 4 2017... CLIMATE NORMAL PERIOD 1981 TO 2010 CLIMATE RECORD PERIOD 1903 TO 2017 WEATHER ITEM OBSERVED TIME RECORD YEAR NORMAL DEPARTURE LAST VALUE (LST) VALUE VALUE FROM YEAR NORMAL .................................................................. TEMPERATURE (F) YESTERDAY MAXIMUM 79 501 PM 86 1934 67 12 76 MINIMUM 58 1159 PM 21 1943 44 14 46 AVERAGE 69 56 13 61 PRECIPITATION (IN) YESTERDAY 0.00 0.93 2013 0.11 -0.11 T MONTH TO DATE 0.70 0.49 0.21 0.07 SINCE MAR 1 3.26 4.22 -0.96 2.03 SINCE JAN 1 8.87 10.24 -1.37 8.17 SNOWFALL (IN) YESTERDAY 0.0 T 2013 0.0 0.0 0.0 1992 1987 MONTH TO DATE 0.0 0.0 0.0 0.0 SINCE MAR 1 T 0.8 -0.8 0.0 SINCE JUL 1 8.0 7.5 0.5 4.5 SNOW DEPTH 0 1 DEGREE DAYS http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data HEATING Page 2 of 3 YESTERDAY 0 10 -10 4 MONTH TO DATE 15 42 -27 19 SINCE MAR 1 451 512 -61 287 SINCE JUL 1 2621 3367 -746 2673 COOLING YESTERDAY 4 1 3 0 MONTH TO DATE 4 3 1 4 SINCE MAR 1 12 8 4 30 SINCE JAN 1 .................................................................. 16 8 8 30 WIND (MPH) HIGHEST WIND SPEED 24 HIGHEST WIND DIRECTION HIGHEST GUST SPEED 30 HIGHEST GUST DIRECTION AVERAGE WIND SPEED 12.0 SKY COVER POSSIBLE SUNSHINE MM AVERAGE SKY COVER 0.6 WEATHER CONDITIONS THE FOLLOWING WEATHER WAS RECORDED YESTERDAY. NO SIGNIFICANT WEATHER WAS OBSERVED. RELATIVE HUMIDITY (PERCENT) HIGHEST 100 1200 AM LOWEST 37 500 PM AVERAGE 69 W (260) W (260) THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE NORMALS FOR TODAY NORMAL RECORD YEAR MAXIMUM TEMPERATURE (F) 67 87 1942 1929 MINIMUM TEMPERATURE (F) 44 26 1944 SUNRISE AND SUNSET APRIL 5 2017......... SUNRISE 700 AM EDT SUNSET 745 PM EDT APRIL 6 2017......... SUNRISE 659 AM EDT SUNSET 746 PM EDT INDICATES NEGATIVE NUMBERS. R INDICATES RECORD WAS SET OR TIED. http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data MM INDICATES DATA IS MISSING. T INDICATES TRACE AMOUNT. Page 3 of 3 The U.S. Naval Observatory (USNO) computes astronomical data. Therefore, the NWS does not record, certify, or authenticate astronomical data. Computed times of sunrise, sunset, moonrise, moonset; and twilight, moon phases and other astronomical data are available from USNO's Astronomical Applications Department (http://www.usno.navy.mil). See htt://www.usno.nav .mit/IJSNO/astronomical-a Iications/astronomical-in.fom- ation-center/liti ation for information on using these data for legal purposes. http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data Pagel of 3 These data are preliminary and have not undergone final quality control by the National Climatic Data Center (NCDC). Therefore, these data are subject to revision. Final and certified climate data can be accessed at the NCDC - http://www.nedc.noaa.gov. Climatological Report (Daily) 236 CDUS42 KRAH 070614 CLIGSO CLIMATE REPORT NATIONAL WEATHER SERVICE RALEIGH NC 210 AM EDT FRI APR 7 2017 ...THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE SUMMARY FOR APRIL 6 2017... CLIMATE NORMAL PERIOD 1981 TO 2010 CLIMATE RECORD PERIOD 1903 TO 2017 WEATHER ITEM OBSERVED TIME RECORD YEAR NORMAL DEPARTURE LAST VALUE (LST) VALUE VALUE FROM YEAR NORMAL .................................................................. TEMPERATURE (F) YESTERDAY MAXIMUM 62 809 AM 89 2010 68 -6 60 1967 1929 MINIMUM 46 1153 PM 26 1944 45 1 32 AVERAGE 54 56 -2 46 PRECIPITATION (IN) YESTERDAY 0.10 2.03 1936 0.12 -0.02 0.00 MONTH TO DATE 0.88 0.73 0.15 0.07 SINCE MAR 1 3.44 4.46 -1.02 2.03 SINCE JAN 1 9.05 10.48 -1.43 8.17 SNOWFALL (IN) YESTERDAY 0.0 T 2007 0.0 0.0 0.0 1931 MONTH TO DATE 0.0 0.1 -0.1 0.0 SINCE MAR 1 T 0.9 -0.9 0.0 SINCE JUL 1 8.0 7.6 0.4 4.5 SNOW DEPTH 0 http://w2.weather,gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data Page 2 of 3 DEGREE DAYS HEATING YESTERDAY 11 9 2 19 MONTH TO DATE 28 61 -33 52 SINCE MAR 1 464 531 -67 320 SINCE JUL 1 2634 3386 -752 2706 COOLING YESTERDAY 0 1 -1 0 MONTH TO DATE 4 5 -1 4 SINCE MAR 1 12 10 2 30 SINCE JAN 1 16 10 6 30 WIND (MPH) HIGHEST WIND SPEED HIGHEST GUST SPEED AVERAGE WIND SPEED SKY COVER POSSIBLE SUNSHINE MM AVERAGE SKY COVER 0.7 36 HIGHEST WIND DIRECTION 45 HIGHEST GUST DIRECTION 17.2 WEATHER CONDITIONS THE FOLLOWING WEATHER WAS RECORDED YESTERDAY. RAIN LIGHT RAIN FOG RELATIVE HUMIDITY (PERCENT) HIGHEST 1.00 400 AM LOWEST 42 300 PM AVERAGE 71 SW (240) S (200) 3 THE PIEDMONT TRIAD INTL AIRPORT NC CLIMATE NORMALS FOR TODAY NORMAL RECORD YEAR MAXIMUM TEMPERATURE (F) 68 91 1967 MINIMUM TEMPERATURE (F) 45 24 1982 SUNRISE AND SUNSET APRIL 7 2017......... SUNRISE APRIL 8 2017......... SUNRISE 657 AM EDT SUNSET 747 PM EDT 656 AM EDT SUNSET 748 PM EDT http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 National Weather Service - Climate Data - INDICATES NEGATIVE NUMBERS. Page 3 of 3 R INDICATES RECORD WAS SET OR TIED. MM INDICATES DATA IS MISSING. T INDICATES TRACE AMOUNT. The U.S. Naval Observatory (USNO) computes astronomical data. Therefore, the NWS does not record, certify, or authenticate astronomical data. Computed times of sunrise, sunset, moonrise, moonset; and twilight, moon phases and other astronomical data are available from USNO's Astronomical Applications Department (http://www.usno.navy.mil). See htt ://www.usno.nav .iniI/USNO/astronomical-a lications/astronomical-information-center/liti ation for information on using these data for legal purposes. http://w2.weather.gov/climate/getclimate.php?wfo=rah 4/11/2017 Randolph County GIS Page 1 of 1 Q Identify = Ma A Randolph County GIS 0p 8 Quick Search Identify y 8716176239 0 KOOPMAN DAIRIES INC 0 Community Info Map Themes Print 4107 MEREDELL FARM RD Zoom to - Additional Addresses Community Info Tax Assessment Buildina Photo/Sketch Tax Bill All Owners All Addresses Map Links REID 83106 PIN 8716176239 TAXED .439.00 ti= ACREAGE ; }------ PROPERTY BARRY KENT & . . DESCRIPTION PENNY WAUGH ` JOHNSON;TR2,6 +TR DEED BOOK & 002368101364 PAGE s � k PLAT BOOK & 13"9 s�o a - PAGE OWNER KOOPMAN DAIRIES INC OWNER 204 LOYD DR - - ADDRESS OWNER ADDRESS2 OWNER CITY STATESVILLE.. OWNER STATE NC OWNER ZIP 28626 LOCATION 4107 MEREDELL ADDRESS_ FARM RD - ' Additional Addresses LOCATION ZIP, LIBERTY,27298 DATA 6/21/2017 REFRESHED -_____ 1 4nOftp i x 870 O Street View http://gis.randolphcountync.gov/randolphjs/ 5/22/2017 Page 1 of 1 'si ,ty: /3l ...} {M* i �i r!♦�•,S,p'?� Sr� �^�t)i ��5'i4 ''li'/ N 7 p.: `i; tr��,7��i' 4j(��T r'r�, s' r} 1 , fef '-i .9�5� -; ;{' .�f! t y� f�S 1•' .�;� .�,�.�: ',i• '� r�ye'f;�7�:'.� .�*� p4:'R+' yt��T �-� 7.'_,rt = ri'S,�'t-�nr7' ,�if?p�'j:jr� - it ,�., ��,��] �:�t�•. i+�... .+: r! .. l.y,a �' r '.. r , / .. `� e j } i } ,-;P! ^ fi•' {d,._�'t's,x+rl'^ } ,'?t h _ ! 1 ..J ] C: � ,' �' � T � ��f 3� ✓� d� t6.r.r a.r�p+l2.. 'f `� tJ t ���,"ef."�s V l.t+1!a•F':,/w � ':{�nn�) `�t �f,o �r'V�+XA}ke�� �i�a� �'1`�fi ��; �� R. ,,� ��.. l� .. fir. r _ , kl 4� i-..s d. Ir� 7 a�,'• Y _ , 7068T8234 i ! �J — R .'`• L^ fix• i �' 4� ,V' ) 8708982903 � �E � . r KI i E 9 8718176239 .,i fro• r 8706663751 5 b S 8706782113 8706955237 870675668 Disclaimer' This map was compiled from recorded deeds, plats, and other public records Map Scale r3 and data. Users of this data are hereby notified that the aforementioned public information 1 inch = 333 feet sources should be consulted for verification of the information. Randolph County, its 5/22/2017 agents and employees make no warranty as to the accuracy of the information on this map, about:blank 5/22/2017 Rosebrock, Melissa From: Blackwood, Randy - NRCS, Asheboro, NC <Randy.Blackwood@nc.usda.gov> Sent: Thursday, April 20, 2017 10:42 AM To: Rosebrock, Melissa Cc: Freeman, Randy S. Subject: RE: Koopman application fields Melissa: I've reviewed the PIN noted below and it is also associated with a farnn/tract not in Mr. Koopman's plan. I looked at an older 2015 plan as well as Buttke's plan to see if the tract(s) had been either mistakenly deleted and/or placed in the wrong plan — neither the case. So, like with the other tracts it appears he has applied waste to land not in his plan. From: Rosebrock, Melissa[mailto:melissa.rose brock@ncdenr.gov] Sent: Monday, April 17, 2017 11:50 AM To: Blackwood, Randy - NRCS, Asheboro, NC < Randy. Blackwood@nc.usda.gov>; Randy Freeman <Randy.freeman@randolphcountync.gov> Subject: Koopman application fields Hey there, Do either of you know if the fields across the road (off Old Red Cross Road) from the cleared land are in Mr. Koopman's waste plan? I could not tell for sure from the maps in the waste plan. These fields had also received waste on small grain (which looked great). Per GIS, the fields across the road are owned by Randy Joe Garner, located at 3757 Old Red Cross Road. Parcel ID# for one of the fields is: 7798919504. If these fields ARE in the waste plan, I'm assuming he has a lease agreement? Just FYI -We investigated the complaint last Thursday and observed an active discharge of waste from the application fields on the south side of the road so we will be pursuing enforcement on that in addition to not tilling the waste under within two days (on bare ground). We will also enforce for applying to land NOT in the waste plan so I wanted to check on the north side land fields as well. Will keep you posted. Thanks for your assistance. Melissa Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrock@ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. Rosebrock. Melissa From: Blackwood, Randy - NRCS, Asheboro, NC < Randy. Blackwood@nc.usda.gov> Sent: Wednesday, April 05, 2017 12:57 PM To: Rosebrock, Melissa Subject: Re: Koopman Complaint None of these are in the current plan Sent from my iPhone On Apr 5, 2017, at 12:26 PM, Rosebrock, Melissa <melissa.rose brock@ncdenr.gov> wrote: None of these parcels are in the plan? Or only parts are in plan? I am probably heading out there tomorrow. Thanks Randy. Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources INC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa. rosebrock@ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, INC 27105 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. From: Blackwood, Randy - NRCS, Asheboro, NC [mailto:Randy.Blackwood2nc.usda.pov] Sent: Tuesday, April 04, 2017 9:08 AM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> Subject: RE: Koopman Complaint They're not part of the latest (3/16/16) plan that I have. From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenr.gov] Sent: Monday, April 03, 2017 5:23 PM To: Blackwood, Randy - NRCS, Asheboro, NC < Randy. Blackwood@nc.usda.eov> Cc: Randy Freeman <Randy.Freeman@randolphcountync.gov> Subject: Koopman Complaint Randy, Got a complaint today, mostly about odor, regarding land application activities off Old Red Cross Road. Caller was also concerned about runoff. Question: Are these parcels in his waste plan? Ard says the fields at the front of the property (near road?) are in the plan, but he's not sure about the rest. There are about 110 total acres and he says he has cleared about 2/3 of it. Complainant says he has applied waste on all the cleared land. Per GIS, the following parcels are owed by Koopman Dairies, Inc., just need to know if they are in his waste plan. Thank you!! PIN 8707191668 PIN 8708114338 PIN 8708106667 Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile rnelissa. rosebrock(cr�.ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.