290028_INSPECTIONS_20171231

State of North Caro&
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 17, 2000
Louis Eller
491 John M. Ward Rd.
Lexington NC 27292
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Louis Eller Farm
Facility Number 29-28
Davidson County
Dear Louis Eller;
During the 1999 session, the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and
ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a
representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number Surface Area (Acres) Ranking
1 0.09 Medium
This ranking is based in part on the conditions existing on the day of the site visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future.
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
585 Waughtown Street, Winston-Salem, North Carolina 27107 Teiephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Rating of Potential Risk* i
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate current
discharges, prevent future discharges and to insure the stability of their structures. Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
determined to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be land applied at a rate not to exceed
the agronomic needs of the receiving crops. Any major modifications made to the dike walls or
structure must be done in accordance with current standards and under the direction of a technical
specialist designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this letter should be taken as removing from you the responsibility and liability for
any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Winston-Salem Regional Office at (336) 7714600.
Sincerely,
Larry Coble
Water Quality Regional Supervisor
cc: Davidson County Soil and Water Conservation District Office
Facility File

ter
lvlsion of Wa
301 vlslon of 1 and Water Conservat,on x .�3"'i <M A.e1S �•.tr { i a—- _
_QOtherAgency'
E..
Type of Visit Q Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification Q Other 0 Denied Access
Facility Number 29 28
10 Permitted 0 Certified E3 Conditionally Certified ® Registered Date of' Visit 1 2/9/2000
10 Not Operational O Below Threshold I Date Last Operated or Above Threshold: .........................
Farm Name: Lauis.dal>lea:.k'airna................................................................................. ........ Counh Da.Y.itdsoja........................................... yY.S13.ir?........
OwnerName: Luis ....................................... Eller ............................................................ Phone No: 336.-752-2723 ..........................................................
Facility Contact:...............................................................................Title:............................................... Phone No:
....................................................................
Mailing Address: 491.. objt.M,..�: jar d.di&.................................................................... Uxingloia... N.C...................................................... U292 ..............
OnsiteRepresentative: ........................................................................................................... integrator:................................................................................
Location of Farm:
dQha.H' r .Iisl,. �i dd7.S.,.Q �rx SQ.s�.utlx,.la�law.cA�tntnautnilq..d1rya....................................................................................................................
®'Swine .❑'Poultry :0 Cattle ',[]:Horse
Design Current
awu,C .(:apacity YO ulation
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
® Farrow to Feeder 80 0
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer I ❑ Dairy
❑ Non -Layer I ILI Non -Dairy
❑ Other
Total Design Capacity 80
Total SSLW 41,760
Nutnberof Lagoons 1 Holding''Ponds I Solid Traps
Discharges & Stream Impacts
I. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed. did it reach Water of the State" (If yes, notify DWQ)
c. If discharge is observed. what is the estimated flow in ual/min?
2. is there evidence of past discharge from any part of the operation?
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Waste Collection & Treatment
Please see attached Lagoon Field Data Sheets
Reviewer/inspector Name Melissa'Rosebrock SuOWhite
Reviewer/Inspector Signature: Date:
❑ Yes 9 No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
Printed on: 5/12/2000

Facility Number 29 — 28 Lagoon Number 1... Lagoa ratifierhii_nd..hpt<?
O Active Q Inactive Latitude F357 F487 ;30
Waste Last Added 11195 ........................................... Longitude 07 24 04
Determined by: ❑ Owner ® Estimated By GPS or Map? ® GPS ❑ Map
GPS file number: JS020915A
Surface Area (acres): %,0 ........................
Embankment Height (feet): 3.
Distance to Stream: O <250 feetO 250 feet - 1000 feet O >1000 feet
By measurement or Map? ® Field Measurement ❑ Map
Down gradient well within 250 feet? O Yes *No
Intervening Stream? O Yes O No
Distance to WS or HOW (miles):O < 5 O 5 - 10 O > 10
Overtopping from Outside Waters? O Yes ()No # Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches): 24
inspection date 2/9/2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
O Lagoon Liquid Clear
O Lagoon Empty Freeboard (inches): 36
embankment condition O poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
*Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
O Has Drainage Area Which is Addressed in Lagoon Design
0 No Drainage Area or Diversions Well Maintained
liner status O High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
0 No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
cation equipment fail to make contact
and/or 5prayfield O Yes O No 0 Unknown with representative O Yes O No
unavailable
comments Small amount of seepage or standing water at north corner ?
Blocked in by neighbor with his truck.... confrontational.
Dogs let out of house on us.
Contacted SWCD for info. on owner.

3[vision of Water Quality
ivision of Soil and Water Conservation
Q Other Agency
Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit ® Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number �- 29 28�
Q Permitted 13 Certified ❑ Conditionally Certified a Registered I)ate of Visit 1 2I912000
10 Not Operational Q Below Threshold Date Last Operated or Above Threshold: .........................
Farm Name: Lomis.E11M]FarM....................................... ................................................... County: 0 vidson.......................
Owner Name: 1.oMi&....................................... Eller .....................
Facility Contact:
Mailing Address: 49J.J9jW.M,..W.gr.d.,Rih...........................
........................ Phone No: 3,3671.52:1723 ............................
Title:............................................................... Phone No:
.. >:Agabgttoa..Nc.......................................
OnsiteRepresentative:........................................................................................................ Integrator•..........................................................................
Location of Farm:
® Swine ❑ Poultry ❑ Cattle ❑ Horse
Design Current
Swine Canacitv Pnnulatinn
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
® Farrow to Feeder
80
0
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry CaDacitv Po ulation Cattle Capacity Population
❑ Layer 1 1 ❑ Dairy
❑ Non -Layer 1 ❑ Non -Dairy
❑ Other
Total Design Capacity 80
Total SSLW 41,760
Number of Lagoons 0 Holding Ponds / Solid Traps I
p s arees K StIcam Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made'? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Waste c ' n & Treatment
Please see attached Lagoon Field Data Sheets
Reviewer/Inspector Name IMells jtpsebrgqk ue White
Reviewer/Inspector Signature: LIM Date: Q
?A 0. � ' Printed on: 4/11/2000

Facility Number 29 — 28 &goon Number ............ Lagoon lVifier Rehi.rid..housie...................................
O Active 0 Inactive
Waste Last Added 2Lj/.............................................
Determined by: ❑ Owner ® Estimated
Surface Area (acres): Q,Q9...........
Embankment Height (feet): �.......
Latitude 35 48 30
Longitude P-1 El04
By GPS or Map? ® GPS ❑ Map
GPS file number: S020915A
Distance to Stream: O <250 feet OQ 250 feet- 1000 feet O >1000 feet
By measurement or Map? 0 Field Measurement []Map
Down gradient well within 250 feet? O Yes 0 No
Intervening Stream? O Yes *No
Distance to WS or HOW (miles): OQ < 5 O 5 - 10 O > 10
Overtopping from Outside Waters? O Yes O No# Unknown
Inspection date 2/9/2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
# Lagoon Liquid Clear
O Lagoon Empty Freeboard (inches): 36
embankment condition O Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
*Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
O Has Drainage Area Which is Addressed in Lagoon Design
O No Drainage Area or Diversions Well Maintained
liner status O High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
OO No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
cation equipment fail to make contact
and/or Sprayf laid O Yes O No 0 Unknown with representative 0 Yes O No
unavailable
comments Small amount of seepage or standing water at north corner ?
Blocked in by neighbor with his truck.... confrontational.
Dogs let out of house on us.
Contacted SWCD for info. on owner.

t-�r3-31'1*;:cupa.„a(.�.rr�.•,a���Ji.-.r.�.. �,....�..-,..,+..-4.....r�.......x...gn�nr.�Er,.P•r:�.�irl'r rfr►��7�HM4f ff�; r.,rn. .,�....�.�.. �t'M
Initial Evaluation Q Follow-up Evaluation Q Denied Access ifl Does Facility Require a Follow-up
Facility Number Date of Evaluation 60
Time or Cvaluation 24 hr. (hh:mm)
E3 Permitted E3 Certified Xf
Registered, I] Non -Registered Inactive FacilityDate Last Operated:
Farm Namoi .,.,,u s... .,.,,. {.1 !1 ,... .r «..w....,......... County:
Owner Name: ........... Lau— is ......... jc1.Fe�..............._... _.................... Phone No:. .� � SD�
jj...._.—......................._..._. .....
Facility Contact: ....._�- • S - P�P-4q 91 If�#'Titte_ _____ Phone No:
Mailing Address: •, •„
Onsite Representative:
Location or Farm:
Design Current
CBnaciry Panulation
WcaEFinisb
❑ FeedFarroFarroFarro
:I Gilts
❑ Boars
Integrator:
Design Current Design Current
13 Poultry C2p2City Po elation E3 Cattle Capacity Population
❑ Layer Dairy
❑ Non -Layer ❑ Non•Dairy
❑ Other
Total Design Capacity
Total ssiw
Numbe�`ofLagounr'
:.Nug:obcr or Holding Ponds / Solid Traps
Discharges &Stream Impacts �t�//
1. Is any discharge observed from any lagoon? ❑ Yes Cyr .
a. If di;ehargc is observed• was the conveyance man-made? ElYes TO No
b. If discharge is observed. did it reach Water of the State? (lf yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed. what is the cstiutaled now in galhnin?
2. Is there evidence or past discharge from any lagoon?
\Paste Cullection & Treatment
5. Estimate Freeboar Level:
ldcntithj Stru toNre' �l Suuctart 2
icr. .. !✓ ^ . ........_.........
Freeboard (inches}:
❑ Spillway
Structure 3 Structure 4
❑ Yes INo
❑ Yes /❑ No
Structure 5 Slreetnrc fi
Revlewerfinspector Name
Reviewer/Inspector Signature: Date:
a70qc?—

Inactive Lagoon Field Data Sheet
Facility Number: F41- a9 Inactive Lagoon plumber: L�
Latitude®-. ®' Longitude $a
MGPS ❑Map
4. Waste Last Added (mm/yy) ❑ Owner VEstimWated
r7o� s
5. Estimate of lagoon surface area (acres)
, pq
6. Effective height of embankment (feet)
, C)
7. Distance to Blue Line or Intermittent Stream (feet) ❑ < 250
250 - 1000 ❑ > 1000
Determined From Field Measurement ❑ Map
8, Down Gradient Well
❑ Yes No
a. Is there a down gradient well located within 250 feet?
b. 1s an intervening stream not located between any part of the lagoon and the nearest well?
10 Yes No
I Of
9. Distance to WS waters or HQW (mi.)
< 5 ❑ 5 - 10 ❑> 10
10. Does the representative know of overtopping from outside waters? JOYes ❑ No 5OUnknown
11. Appearance of Lagoon Liquid
a. Sludge Near Surface
❑
b. Lagoon Liquid Dark. Discolored
❑ ,
c. Lagoon Liquid Clear
12. Embankment Condition
a. Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, etc.
❑
b. Construction Specification Unknown But Dam Appian in Good Condition
c, Constructed and Maintained to Current MRCS Standards
❑
13. Outside Drainage Area
a. Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
Cl
b. Has Drainage Area Which is Addressed in Lagoon Design
❑
e. No Drainage Area or Diversions Well Maintained
-
/N/-
14. Liner Status
a. High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, etc.
b. No Liner, Soil Appears to Have Low Permeability
c. Meets NRCS Liner Requirements
Of
15. Application Equipment and/or Sprayfield Not Available ❑ Yes ❑ No Unknown
16. Contact could not be made with on -site representative
Ycs ❑ No

Comments (Refer to Question fit): Explain any Yes answer and/or any other comment.
IT
i
5"D

Site Sketch Showing All Active and Inactive Lagoons
ILEF

0
35035
35'35'
35035
35'35'
35'35
Davidson Co. -- Surface Area 0.09 acres
Lat/Long
WGS 1984
T
Scale 1:200
0 25.00
US Survey Feet
s020915a.cor
2/9/2000
Pathfinder Office
0 Trimble

County
WSRO
Alaman ce
Davidson
Guilford
Surry
Surry
Yadidn
Facilities not responding to the 'Request for Status Update' letters as of July 20, 1998
Facif ihr
Number Farm Name Region Owner Address City State ER
01-10
Triple W Farms
29-28
Louis Eller Farm
41-29
Julian Swine
66-8
Radford Dairy Farms
86-17
Dillon Dollyhite Farm
99-19
Thomas Peachey Dairy
WSRO
WSRO
WSRO
WSRO
WSRO
WSRO
Harold
Woody
3545-E Greensboro Rd
Snow Camp NC
27349
Louis
Eller
491 John M. Ward Rd.
Lexington NC
27292
Bruce
Sizemore
5628 Sizemore Rd.
Julian NC
27283
Roger
Radford
Rt 1 Box 223-A
Claudville VA
24076
Dillon
Dolyhlte
145 Bob Jessup Rd.
Mount Airy NC
27030
Thomas
peachey
10515 Stafford Rd.
Leeburgs OH
45135
Reidy due by; Ppqw,§t -for RPmovli ( o-� P-1 i t, 4
ld�r W63 5enton 945/1T �e
3120/98/7 -�at o curf � n �l,j h6rlo 5w f18 on i hP
516198 P rol kr +-y,
3116198
411 /98 f
3120198 No Jong Pr OWn;� ,�;llo„ 1��11y�t;3-
3130198 iVv jongtl Ow+�tc) b� 1 �+on,43 �C^-L

{
If
DIVISION OF WATER QUALITY
July 29,1998
MEMORANDUM
To: Shannon Langley
Non -Discharge Compliance/Enforcement Unit
Through: Larry Coble
Water Quality Supervisor
From: Wes Bell
Environmental Tech IV
Subject: Status of the Louis Eller Farm (facility no. 29-28) in Davidson County
I contacted the owner's son (Steve Eller) via telephone and discussed the current status of the
farm. He explained that there are no animals (swine) on site and during the past when animals were
at this facility, the population was never above the threshold number. This was confirmed after a -
discussion with a representative of the local NRCS. In turn, the request for removal of registration
form was sent the Louis Eller Farm address on July 28, 1998 in which Steve Eller agreed to fill out
and send in for your review. If you have any questions, don't hesitate to give me a call.
cc. WSRO

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State of North Carolie
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Louis Eller
Louis Eller Farm
491 John M. Ward Rd.
Lexington NC 27292
Dear Louis Eller:
41�
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATUMFe DU `cE)
March 5, 1999 N.C. Dept. of EHNR
MAR 2 4 1999
Winston-Salem
Regional Office
Subject: Removal of Registration
Louis Eller Farm
Facility Number 29-28
Davidson County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits
listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals
to that level. Threshold numbers of animals are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry with a liquid wastes stem
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at [phone] ext 571.
Sincerely,
avz2l�_
A. Preston Howard, Jr., P.E.
cc: Winston-Salem Water Quality Regional Office.
Davidson Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Louis Eller
Louis Eller Farm
491 John M. Ward Rd.
Lexington NC 27292
Dear Louis Eller:
A L*MWA
- rkia
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June l2, 1998 RECEIVED
N." Dept. of EHNS
JU N 15 1998
°Win sto n- S-aIeri3
egio ndl office
Subject: Second request for Status Update ,
Certified Animal Waste Management Plan
Louis Eller Farm
Facility Number: 29-28
Davidson County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
In a letter dated February 11, 1998, received by you on April 6, 1998, this office advised you that we had
no record of having received the required Certification for the subject facility. Our letter further requested
that you provide this office with an explanation as to why this Certification was not submitted as required.
This explanation was due by May 6, 1998. To date we have received no response from you.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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Ilk
0 0
Also attached is a form (Form RR 2/98) that MUST be filled out if the facility is no longer in operation or is
below the threshold established in15A NCAC 2H .0217(a)(IXA). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H .0217(a)(1)(A).
Please respond within 10 days of your receipt of this letter and submit all responses to this matter to the
following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31,1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact W. Shannon Langley of our staff at [phone] eat. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQRcgional=Ofr=::)
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recyded/10% post -consumer paper

State of North Carolina
Department of Environment At,,
and Natural Resources
Division of Water Quality - - .I Orin
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998 RECr l"!"-I
CERTIFIED MAIL
RETURN RECEIPT REQUESTED �' C' ��" i�'
Louis Eller
FEB 17 1999
Louis Eller Farm t
WI C1 s tD Cl -vi
491 John M. Ward Rd.LgtOn dads {��
Lexington NC 27292 ��
Subject; Request for Status Update
Certified Animal Waste Management Plan
Louis Eller Farm
Facility Number: 29-28
Davidson County
Dear Louis Eller:
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you, that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Also attached is a form (Forr& 2198) that must be filled out if the facility isonger in operation or is
below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Pleasesubmit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Atm: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the subnuttai of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Boa 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50tIo recycled/10% post -consumer paper

State of North Car ulina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Steve W. Tedder, Chairman
Louis Eller
Louis Eller Farm
491 John M. Ward Rd.
Lexington NC 27292
Dear Mr. Eller:
•
LT.X;WA
w�5
ID E N FF2-_=C11Vs I'Ve0
N.C. Dept. of EHNR
0EG 3 9 1997
Winston-Salem
Regional Offieg
Subject: Classification of Animal Waste Management Systems
Facility: Louis Eller Farm
Facility ID #: 29-28
County: Davidson
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge (OIC) by January 1, 1997, for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more
horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management
system. Our records indicate that your facility is registered with the Division of Water Quality and meets
the requirements for designating an OIC.
A training and certification program is available for animal waste management system operators. For
information on the training programs please contact your local Cooperative Extension Agent. Operator
certifications are issued by the Water Pollution Control Systems Operators Certification Commission
(WPCSOCC). For information on the certification process, please contact the Technical Assistance and
Certification Unit at [phone]. The type of training and certification required for the operator of each
system is based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat
the animal waste. There are two types of animal waste management systems, type A and type B. Type A
animal waste management systems are generally used to treat waste generated by monogastric animals
which produce a low -fiber waste. Type B animal waste management systems are generally used to treat
waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and
certification an operator receives should correspond with the type of system(s) they intend to operate. For
more information on the classification of your system please contact the Technical Assistance and
Certification Unit.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not
intend to operate your animal waste management system yourself, you must -designate an employee or
engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge,
whether yourself or another person, must possess a currently valid certificate of the appropriate type.
Sincerely,
I.'Xc74�
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
ed/AW OIC Designation
Enclosure
cc: Winston-Salem Regional Office
Water Quality Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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