410022_ENFORCEMENT_20171231

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rticle Addressed to: I
MR RODNEY SUMMERS
7176 SUMMERDALE RD
ELON COLLEGE NC 27244
P 536 316 602
yu.onrnLa i yNd
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E
NC DEHNR
WATER QUALITY SECTION tr9Z in
585 WAUGHTOWN STREET > - 1 O
WINSTON SALEM NC 2710L _ c)
(.) C1 �' L:
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State of North Caroline.,_.,.
Department of Envirol iment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5, 1996
Rocky Summers
Summers Dairy
7176 Summerdale Rd
Elon College NC 27244
Dear Mr. Summers:
EDEF.
Nc. ID
Subject: Operator In Charge Designation
Facility: Summers Dairy
Facility ID #: 41-22
Guilford County
DEC A 2 1SS6
�yn�ttCt�r��� e
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 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 not yet available for animal waste management systems involving,
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
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 complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 91gn33-0026.
Sincerely,
lget- :
FOR
Steve W. Tedder
Enclosures
cc: Winston Salem Regional Office
Water Quality Files
Wafer Pollution Control System W �� Voice 919-733-0026 FAX [phone]
N!Ef
Operators Certification Commission An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper

State of North Caroline
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Rocky Summers
Summers Dairy
7176 Summerdale Rd
Elon College NC 27244
Dear Mr/Mrs Summers:
Yr
IL
C)EHNF1
� o� October 22, 1996
01
tt
tit7ject: Removal of Registration
tO`l� Facility Number 41-22
Guilford 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 214.0217, and therefore does not require registration
or a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste if 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 obtain a certified animal waste management plan prior to stocking animals to that level. Threshold
numbers of animals which require certified animal waste management plans are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry
30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at
[phone] ext 502.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Winston' -Salem Water Quality; Regional Offide'
Guilford Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Atfirmative Action Employer 50% recycled/ 10% post -consumer paper

r__1
L J
State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
DIVISION
E)EHNR
OF WATER QUALITY
September 20, 1996
Mr. Rodney Summers
Summers Brothers Dairy Farm
7176 Summerdale Rd.
Elon College, NC 27244
Subject: Removal from Animal Feedlot Registry
Summers Brothers Dairy Farm
Farm Number 41-22
Guilford County
Dear Mr. Summers:
Since your facility was inspected last April, this office has
been informed that you are no longer in the dairy business. This
office had previously recommended that a Notice of Intent to
Revoke Deemed Permit letter be sent to you as direct wastewater
discharges from your facility entered waters of the state
(pursuant to 15A NCAC 2H .0217, in violation of 2H .0217 Permit).
As the dairy farm is no longer in operation, you should
request removal from the Animal Feedlot Registry by utilizing the
enclosed letter (with pre -addressed envelope). Should you decide
to reopen your dairy operation, we have enclosed some information
which may be helpful concerning general guidelines for dairies
and quidance on the livestock non -discharge rules which became
effective February 1, 1993. Animal waste management plans must
be approved by a technical specialist and then the certification
should be submitted to the Division of Water Quality prior to
restocking should you decide to reactivate your operation.
Should you reactivate your dairy farm without an approved and
certified plan, your animal operation will be considered in
operation without a permit as required by North Carolina General
Statute 143-215.1. and will be subject to civil penalties.
585 Waughtown Street, FAX [phone]
Winston-Salem, North Carolina 27107-2241N%4)CAn Equal Opportunity/Affirmative Action Employer
Voice 910-771-4600 50% recycled/ 10% post -consumer paper

• 0
An approved animal waste management plan must explain how you
will collect, store, treat and land apply your animal waste to
the land in an environmentally acceptable manner. To assist you
in the development of this plan and to provide the required
certification that the plan is acceptable, you may contact your
local agricultural agencies such as the Soil and Water
Conservation District, the USDA Natural Resource Conservation
Service, the North Carolina Cooperative Extension Service or a
technical specialist designated pursuant to the rules adopted by
the Soil and Water Conservation Commission.
If you have any questions concerning this matter please do
not hesitate to contact either Mr. Ron Linville in our Winston-
Salem Regional Office at (910)-771-4608 est. 265 or Mr. Shannon
Langley in Raleigh at [phone], ext. 581.
Sincerely,
Larry D. Coble
Regional Supervisor
ATTACHMENTS
cc:WSRO
Natural Resources Conservation Service
Guilford County Soil and Water Conservation District
Regional Coordinator, NC DSWC
Shannon Langley, Compliance/Enforcement File

0
May 10, 1996
CERTIFIED MAIL P-536 316 684
RETURN, RECEIPT REQUESTED
Rodney Summers
Summers Brothers Dairy Farm
7176 Summerdale Rd.
Elon College, NC 27244
Subject:Notice of Violation
Notice of Intent to Revoke Deemed Permit
Summers Brothers Dairy Farm
Farm Number 41-22
Guilford County
Dear Mr. Summers:
9
You are hereby notified that Summers Brothers Dairy Farm, which
has been deemed permitted to have a nondischarge permit for an
animal waste disposal system pursuant to 15A NCAC 2H .0217, has
been found to be in violation of its 2H .0217 Permit. An
inspection of the facility on April 18, 1996 performed by Mr.
Ron Linville of the Winston-Salem Regional Office in conjunction
with Mr. John Andrews, District Conservationist determined that
the facility discharges wastewaters to waters of the State.
Within 60 days from your receipt of this letter, the Division of
Environmental Management intends to revoke Summers Brothers Dairy
Farm's permit unless the following conditions are completed:
1.Immediately eliminate the discharge of wastewater or correct
the violation.
2.Make any modifications needed to ensure there will be no future
discharges.
3.Send in an approved animal waste management plan and have the
attached certification form completed. This form and a copy of
your plan must be returned to the address below and to your local
Soil and Water District:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535

0
0
Failure to comply with the above conditions will cause the
existing animal waste management system serving your animal
operation to be considered in operation without a permit as
required by North Carolina General Statute 143-215.1.
Your approved animal waste management plan must explain how you
will collect, store, treat and land apply your animal waste to
the land in an environmentally acceptable manner. To assist you
in the development of this plan and to provide the required
certification that the plan is acceptable, you should contact
your local agricultural agencies such as the Soil and Water
Conservation District, the USDA Natural Resource Conservation
Service, the North Carolina Cooperative Extension Service or a
technical specialist designated pursuant to the rules adopted by
the Soil and Water Conservation Commission.
If we have not received the requested animal waste management
plan and certification within 60 days of receipt of this letter
or if there are additional discharges to the surface water, a
civil penalty of up to $10,000 may be assessed and you must apply
for an individual non discharge permit from the Division. Please
find attached a permit application which must be completed and
returned if you wish to apply for an individual non discharge
permit. This permit, if issued, will contain monitoring and
reporting requirements determined to be necessary by the
Division. This letter does not prevent the Division of
Environmental Management from taking enforcement actions for this
violation or any past or future violations.
If you have any questions concerning this matter please do not
hesitate to contact either Mr. Steve Mauney, Water Quality
Regional Supervisor for our Winson-Salem Regional Office at
(910)-771-4608 or Mr. Shannon Langley at [phone], ext.
581.
Sincerely,
A. Preston Howard, Jr., F.E.
ATTACHMENTS
cc:WSRO Regional Supervisor
Guilford County Soil and Water Conservation District
Regional Coordinator, NC DSWC
Compliance/Enforcement File

Site Requires ImmNate Attention: &-,�
Wility No. /- z- z-
DMSION OF ENVIItONMENfAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DAM:.,9-Ltl V % �" , 1995
Time:
Farm Name/Own
Mailing Address:
County:
s
-2A V/
Inoegratar: /V A�_ Phone: N �
On Site Representative: Q .s Phone: 4101 zv e
Physical Addressa ovation:
Type of Operation: Swine ..__._ Poultry _ Cattle / 2�a,A"--7
Design Capacity: Number of Animals on Site: tF4_ -
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: , o�. , -1 " Longitude: ' -ZL, " Elevation: _ Feet
Cimle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storrtt event A114
(approximately 1 Foot + 7 inches) Yes or No Actual Fmtboard: ----Ft. inches
Was any seepage observed from the lagoon(s)? Yes or No - Was any erosion observed? Yes or No lvtf
Is adequate land available far spray? Yes or No 7 Is the cover crop adequate? Yes or No 7 �, 1.
Crop(s) being utilized: — /"
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Yes or No NX
100 Feet from Wells? Yes or No
Is the animal waste stockpiled within, 100 Feet of USGS Blue Line Stream? Yes or o
Is animal waste land applied or spray irrigated within 25 Fect of a USGS Map Blue lane? Yes or T&
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices? `5e)r No if Yes, Please Explain. D ,' Ild es
Does the facility maintain adequate waste management retards (volumes of manure, land applied,
Way irrigated on specific adage with cover crop)? Yes or Co
Inspector Name
cc: Facility Assessment Unit Use Attachments if Needed.
TOTAL P.e2

_ _.- ... JUL-14-1995 15:34 FROM D WATER QUALITY SECTION TO WSRO P.02/02
Site Requires Immediate Attention:
Facility No.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SrM VISITATION RECORD
DATE: O , 1995
Time: o-cj
Farm Jr-
Mailing Address: ? � Z—Xe--.
County:
Imcgrator. Phone:
On Site Representative: o f Phone:
Physical Addressa4cation:
Type of Operation: Swint _____ Poultry Cattle / 'D«-•'
Design Capacity: _ NCo& . Number of Animals on Site:
DEM Certification Number: ACE— DEM Certification Number: ACNEW
Latitude: 3 G ' 3 , itLongitude: ' ' - " Elevation: Feet
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or No Actual Freeboard: ---Ft. — Inches
Was any seepage observed from the lagoon(s)? Yes or No Was any erosion observed7 Yes or No
Is adequate land available for spray? G& No Is the cover crop adequate? Y&a r No
Crop(s) being utilized. „ F - Lie
Does the facility meet SCS minimum setback
? 200. Feet from Dwellings? Yes or No
100 Feet from Wells? Yes or No (
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes
• Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or No
Is animal waste discharged into waters of the state by matt -made ditch, flushing systemor oth
similar man-made devices? Ye No If Yes, Please Explain, "� , ( . 3
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes o 56_
Additional Cuts:
!.3 J ( ® \ e %�
l !1 �u� 1 d✓ I dv L�iQA.Q �JGc v t 1:.�,
h%pector Name
cc: Facility Assessment Unit
Use Attachments if Needed.
Tn'rol P - DI?

U

State of North Ccoina'11�A
Department of Environment,
Health and Natural Resources ( •
Winston-Salem Regional Office
James B. Hunt, Jr., Governor E)aHNF;Z
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 6, 1995
Mr. Rodney Summers
7176 Summerdale Rd.
Elon College, NC 27244
SUBJECT: Written Response to Notice of Violation
Summers Brothers Dairy Farm
Guilford County
Dear Mr. Summers:
This office is -in receipt of your written response to our previous Notice
of violation letter concerning water quality issues at your farm.
It is our understanding that you will be working with the Guilford County
Soil and Water Conservation District to resolve any issues relative to this
operation. Please be advised that until approval and implementation of the
details of this plan, you should continue to take whatever operational activities
possible to avoid negative impacts to waters of the State.
Thank you for your timely response and for your efforts in striving to
maintain water quality as it relates to your agricultural operation. If you have
any further needs or questions, please call me at [phone].
Sincerely,
Ron Linville
Environmental Technician IV
CC, Guilford County S&W Conservation District
Central Files
WSRO
a:\summers.res
685 Woughtown Sheet. Winston-Salem. North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

SUMMERS BROTHERS DAIRY
7176 SUMMERDALE ROAD -,
ELON COLLEGE, NC 27244E1�IE�
(910-449-0699) .C, Dept, e1���
p 5 tig95
1etr?
�Insto a ;no
geg,on
December 1, 1995
Mr. Larry D. Coble
North Carolina Department of
Environment, Health, and Natural Resources
585 Waughtown Street
Winston Salem, NC 27107-2241
Dear Mr. Coble:
Re: Farm Inspection Notice of Violation/Concern
Hubert Summers Dairy Farm
Guilford County
We received your notice of violation dated 11/22/95. Per your instructions, we met with a
representative from the Guilford County Soil and Water Conservation District office on
11/30/95. We will continue to work with their office in the coming weeks to determine exactly
what needs to be done and how best to accomplish the required changes.
Sincerely,
Rodney Summers
Summers Brothers Dairy
PADATMPERSONAUDA IRY. W P

0
State of North Carolina
Department of Environment,
'i Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
•
[DEHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 22, 1995
CERTIFIED MAIL #P-536-316-602
RETURN RECEIPT REQUESTED
Mr. Rodney Summers
7176 Summerdale Rd.
Elan College, NC 27244
SUBJECT: Farm Inspection Notice of Violation/Concern
Hubert Summers Dairy Farm
Guilford County
Dear Mr. Summers:
Due to recent concerns about agricultural impacts to waters of the State,
the Division of Environmental Management conducted inspections of all registered
farming operations involving livestock. Mr. Ron Linville of this office in
conjunction with Mr. John Andrews, District NRCS Conservationist visited your
animal operation on October 16, 1995.
Observations at your facility have been categorized as follows:
Category I_. NOTICE OF VIOLATION
A wastewater lagoon at your facility has overflowed.
Adequate freeboard (minimum of 1911) is not being maintained in the
lagoon.
____X_ A pipe, ditch, pad or other conveyance can contribute to waste being
discharged from the animal operation tie. parlor wash ditch).
X_ Operational and Maintenance concerns exist which are likely to cause
animal waste runoff in a manner that is detrimental to water
quality (lack of curbing and proximity to stream).
Category II. NOTICE OF CONCERN
Parlor wash, calf feeding or other activities could contribute
negative impacts to water quality.
Loafing areas have the potential to release waste intermixed with
rainfall to the extent that water quality could be negatively
impacted.
Existing apparatus for controlling waste need repair or replacement.
Other:
Category III. NO OBSERVED PROBLEMS
No observed wastewater deficiencies at the time of the site visit.
585 Waughtown Street. Winston-Salem, North Carollna 27107-2241 Telephone [phone] FAX [phone] /
An Equal Opportunity AMrmaflve Action Employer 60% recycled/ 10% post-consumjZ:4A-
�n

Page 2
If your facility has any Category I NOTICE OF VIOLATION item indicated, it
is necessary that you notify this office in writing by December 8, 1995 as to the
steps you have initiated or will be taking to rectify the condition(s). Please
be advised that any non -permitted discharge of any type of wastewater to the
waters of the State is illegal per North Carolina General Statute 143-215.1.
Discharges from the lagoons and feedlots must cease immediately. Until
compliance is achieved with the regulations, your Farm will be considered in
violation of GS: 143-215.1 and could be subject to enforcement action with the
possible assessment of civil penalties of up to $10,000 per day per violation.
If your facility has any Category II NOTICE OF CONCERNS, you,should notify
the Winston-Salem Regional Office by phone at [phone] to discuss your
progress in resolving water quality concerns by December 8, 1995.
For both Category I and II above, this office recommends that you seek the
advice of the Guilford Soil and Water Conservation District at 910/333-5400 prior
to providing a written or verbal response to this office. Your cooperation in
this matter is greatly appreciated. If you have abandoned waste lagoons or
storage ponds, you should consider proper closure of the structures. Operations
below. threshold limits may be removed from the registry providing a written
request is submitted to the Division. If you believe that this notification is
in error or if you have any questions about this letter, please do not hesitate
to contact Mr. Ron Linville or Steve Mauney, Water Quality Supervisor at (910)
771-4600.
Sincerely,
'C' .t
Larry. . Coble
Regional Supervisor
CC: Guilford County S&W Conservation District
Central Files
WSRO
a:\summers.NOV

Registered
Count
GuilfoSd
Facility Number 4 1 2 2
Farm Name
Summers Dairy
Owner Phone Number
Hubert Summers 449-0699
Manager Lessee
Address _
7268 Ludgate Rd. W
Elon College NC 2 7 2 4 4
Location
61 north. 4
8
of Operation
Design
Capacity
Latitude
Startdate
ASCSTrack
TypeWMSys
AvailAcres
NeededAcres
Landuse
Region
signotes
subbasin
River Basin
cafo
Technical
Specialist
Integrator
80
Avepop 1 1 7 5
Longituderr••��rr��
uu0
01 /01 /38
5170,9215,9216
Sara e & haul
250.00
O ARO O MRO O WAROO WSRO
O FRO O RRO O WIRO O S.C.
ASCS: 1000043?
Registration Date
Certification Date
Certification N
Conditional
Days
Conditional
Requirements
reply
creation
Dairy
09121/93�
❑ irrigation Syster
Higher Yields
❑Vegetation
Acreage
❑Other
T

004
4003
870000
FEET
9-
9
-1w
36 G;U.301 79* 37'30 624 625! 11820000 FEET
\10 Mapped, edited, and published by t he Geologica I Survey
.1 b- North Carolina Geodetic Survey
oethods from aerial photographs
70
grid ticks: North Carolina coordinate
MN
J, � GN
ch. 1 �