760036_CORRESPONDENCE_20171231

[Fwd. AWS760036 Terrells Double TT]
Subject: [Fwd: AWS760036 Terrells Double TT]
Date: Mon, 29 Jul 2002 14:14:10 -0400
From: Michelle Barnett <michell e.barnett @ nc mail. net>
Organization: NC DENR DWQ
To: Melissa Rosebrock <Melissa.Rosebrock @nemail. net>
Subject: Re: AWS760036 Terrells Double TT
Date: Mon, 29 Jul 2002 13:31:44 -0400
From: Daryl Merritt <[e-mail]>
Organization: NC DENR DWQ NDCU
To: Michelle Barnett <michelle.barnett@ncmail. net>
Michelle,
The subject permit AWC760036 has been rescinded. This information can be
found on the FileMaker Pro Database under Animals in Animal Compliance by
entering in the Facility Number 76-36 and selecting General Facility
Information. There you will find updated facility information containing the
referenced rescission. if you or Melissa Rosebrock have any other questions
let me know.
Thanks,
Daryl
Michelle Barnett wrote:
> Hi Darryl,
> I've just gotten off the phone with Melissa Rosebrock in the WSRO.
> She is wanting something for her file stating that this farm is going to
>
> be removed from our billing system. Is there something you can give
> me/her in writing or just email stating that we followed though on this?
>
> Thanks,
> Michelle
Qea�aed" � �Co�r.-�r�rl
1 I of 1 7/29/2002 2:19 PM

State of North Carolie
Department of Environment
and Natural Resources
Division of Water Quality
Post -it" Fax Note 7671
Date 7 a 5 #of
ges
To (G��t1 A e
1 1`
From s
broc
Co./Dept.
Co.
Phone #
Phone #
Fax #
Fax #
Michael F. Easley, Governor
William G. Ross Jr., Secretary V �f
Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA IJ�P�RTM�N�`OF� ENR
ENVIRONMENT ANIJ NATURAL RESOURCES
F E B 2 2 2002
February 20, 2002
Eugene Terrell
Terrells Double TT ltrlJl�Eea Office
514 Hayworth Circle
High Point NC 27262
Subject: Removal of Registration
Terrells Double TT
Facility Number 76-36
Randolph County
Dear Eugene Terrell:
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 $25,000 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 at
[phone] ext. 571or Steve Lewis [phone] ext. 539.
Sincerely, nn�
Gregory J. Thorpe, Ph.D.
cc: Winston-Salem Regional Office
Randolph Soil and Water Conservation District
Facility File
L
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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CONFIRMATION FOR REMOVAL OF REGISTRATION
This is to confirm that the following farm does not meet the 2H .0200 registratidn
requirements. Please inactivate this facility on the registration database.
Facility Number: 7 6 —13 6
Farm Name: TRX ce 16 .bo t) � �P,:
^ 4
Owner: _ 6r�7�+�21
Mailing Address: 3 $ C 1
�k4 C- 370
County: lard d IV h
Operation is:
below threshold
out of business/no animals on site
closed out per MRCS standards
Please return completed form to:
DEHNR-DWQ
Water Quality Section
Compliance Group
P.O. Box 29535
Raleigh, NC 27626-0535
OLOW's MaA Al
OLJdr-55
S) 4 Ray Wor4t) e; rde_
a�a6z
i
i •
RR-3/97

REQUEST FOR REMOVAL OF REGISTRATION
The following farm does not meet the 2H .0200 registration requirements. Please inactivate this
facility on the registration database.
Facility Number:
Farm Name
Owner:
Mailing Address:
County:
This Operation is:
Comments-
4 L •ME MMIN
1
' , lI
pasture only (no confinement)
dry litter poultry operation
out of business/no animals on site
'17 2�, 6 �-
RECEiVED
N.C. Dept, of E*kj�M
JAN 2 5 2802
Winston-Salem
Regiohai off,
el .
closed out per NRCS standards
below the threshold (less than 250-swine. 100-confined cattle. 75-horses. 1000•sheep or
30.000-poultry Nvith a liqu, an,ma anagement system)
i
1 Im aware that ek-en though I may qualify to bt: removed front the animal operations registration database. the
Director of the Division of Water Quality (DWQ) may still require me to obtain a Certified Animal Waste
Management Plan (CAWMP) or an individual permit Ibr this facility. This decision will be made based on this
facility's actual or potential impacts on surface waters or the State of North Carolina. I am also aware that should 1,
in the future, decide to repopulate this facility at or below the originally registered number of animals, I am required
to obtain a CAWMP and request reactivation of the facility from the D4VQ prior to stocking animals. Any expansion
to this facility would require me to apply for, and obtain a permit prior to expansion.
Signature. Date:/3, r
Please return completed form to:
NC Division of Water Quality
Non -Discharge Compliance & Enforcement Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
IZ R-7100

r1
•
T. Eugene 'Terrell, M.D.
514 Hayworth Circle
High Point, NC 27262
December 10, 2001
NC Division of Water Quality
Non-Disdhatge Compliance & Enforcement Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
To Whore It May Concern:
I hereby request removal from registration of my farm operation Facility # 76-36 to the
DWQ, and further request that my permit be rescinded by DWQ.
Sincerely,
T. Eugen errell, M.D.

•
•
Revised April 18, 1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number 3(io
Farm Name: _rpXrT j. Tr
On -Site Representative:j)arxan d,�Lk
Operation is flagged for a wettable
acre determination due to failure of
Part 11 eligibility item(s) Ft F2 F3 F4
Inspector/Reviewer's Name:P6SO_&62�LOperation not. required to secure WA
determination at this time based on
Date of site visit: ),2,16 exemption El E2 E3 E4
Date of most recent WUP: S i Z 60 Operation pended for wettable acre
4determination based on P1 P2 P3
Annual farm PAN deficit: pounds 11 e �c.T10 1 r
J1GE11 re�td�r-
Irrigation Systempiv s
s) - circle #: 1. hard -hose traveler; 2. center-yst m; 3. inear-move sys em; ,
4, stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system wlportable pipe; QPp11,eq-
6. stationary gun system wlpermanent pipe; 7, stationary gun system wlportable pipe Y-r o h
PART 1. WA Determination Exemptions (Eligibility -failure, Part 11, overrides Part I exemption.)
El Adequate irrigation design, including map depicting wettable acres, is complete
and signed by an I or PE.
E2 Adequate D, and D2/D. irrigation operating parameter sleets, including map
depicting wettable acres, is complete and signed by an I or PE.
E3 Adequate D, irrigation operating parameter sheet, including map depicting
wettable acres, is complete and signed by a WUP.
E4 75% rule exemption as verified in Part Ill. (NOTE: 75 % exemption cannot be
applied to farms that fail the eligibility checklist in Part 11. Complete eligibility
checklist, Part 11 - F1 F2 F3, before completing computational table in Part 111).
PART 11. 75% Rule Eligibility Checklist and. Documentation of WA Determination
Requirements. WA Determination required because operation fails one of the eligibility
requirements listed below: -
F1 back of acreage which resulted in over application of wastewater (PAN) on spray
field(s) according to farm's last two years of irrigation records.
F2 Unclear, illegible, or lack of information/map.
F3 Obvious field limitations (numerous ditches; failure to deduct required
bufferlsetback acreage; or 25% of total acreage identified in CAWMP includes
small, irregularly shaped fields- fields less than 5 acres for travelers or less than
2 acres for stationary sprinklers).
F4 WA determination required because CAWMP credits field{s)'s acreage in excess
of 75% of the respective field's total acreage as noted in table in Part Ill.

JAN 23 ' g 7 Q-2' 22PM -
P.2/2
WASTE—MANACE ENT . YSTE�.
OPERATOR IN CHARGES :!. {, `? ii�N
DESIGNATION FORM JUL 2 4 2DOO
Roo, ionEli
ANIMAL WASTE MANAGEMENT �-'--'STEM:
_T.errej.-,_ -�J)aubje. TT
Facility ID Number: - 3 jp County: Zan d o l j2h
OPERATOR IN CHARD
Home Mailing Address 3 �) ic, i
y
Cit. = � State SAC— Zip
Certificate # S� Social Security #
Work Pho 3(, �03� Home Phon 3(— . Gy
Signature Date Cyr
OWNS r-- ;
Mailing Address s / �f f�c� woc E-, C'� «�F 'F City 0 : r
State p e ephone —55' 5-?�7s o
Signatu Date-4-4 04 -
Please Mail to: WPCSOCC
Division of Water Quality
P. O. Box 29535
Raleigh, N.C. 27626-0535

•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Damon Hannah
Terrells Double TT Charolais
3811 Hoover Hill Road
Trinity NC 27370
Dear Damon Hannah:
•
A74
• •
2
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCE5
RECEIVED
May 30, 2000 N.C. Dept. of EHNR
J is N - 1 2000
Winston-Salem
FlegionalOffice
Subject: Application N6. AWC760036
Additional Information Request
Terrells Double TT Charolais
Animal Waste Operation
Randolph County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application.
Additional information is required before we can continue our review. Please address the following by June 29, 2000:
Liquid manure storage volume is unclear from your plan. Please clarify if you have a storage pond for liquid
collection and what storage volume does it contain.
Please contact your technical specialist to fill out the enclosed emergency action plan. Keep a copy for your
reference and submit two copies to be included with your permit package.
Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist.
Please reference the subject permit application number when providing the requested information. All information
should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this
letter must be submitted on or before June 29, 2000 or the Division will return your application as incomplete in accordance
with 15A N.C.A.C_ 2H .0200 and your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation
of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental
Management Commission.
If you have any questions regarding this request, please call me at [phone], extension 363.
Sincerely,
g t---
JR Joshi
Soil Sci ntist
.Non- , scharge Permitting Unit
cc: Winston-Salem Regional Office, Water Quality
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina •
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Eugene Terrell
Terrells Double TT Charolais
3811 Hoover Hill Road
Trinity NC 27370
Farm Number: 76 - 36
Dear Eugene Terrell:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 15, 2000 R E C l4 I V E O
N,C. Delwt. of EHNR
MAR 17 2009
WIII4"'to n-C;1IeM
Regional Office
You are hereby notified that Terrells Double TT Charolais, in accordance with G.S. 143-215.1 OC, must apply for
coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) day to
submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws
(Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified
by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be
returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your
facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the
application.
The attached application has been partially completed using information listed in your Animal Waste Management
Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on
the application before returning the application package. The signed original application, one copy of the signed application,
two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to
complete the application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
1617Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call J R Joshi at [phone] extension 363 or Melissa
Rosebrock with the Winston-Salem�Regional Office at [phone].
Sincer
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolia
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Eugene Terrell
Terrells Double TT Charolais
38I 1 Hoover Hill Road
Trinity NC 27370
Dear Eugene Terrell:
JW
llk".w
•
RCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
December 30, 1999 N.C. Dept. of E H N R
JAN 0 5 2000
Winston-Salem
Regional Office
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 76-36
Randolph County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRYS, SLUR1, SLUR2,
SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action..
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571. -
Sincerely,
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Randolph County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%a recycled/16%n post -consumer paper

r-.
State of North Carolin�
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Eugene Terrell
3811 Hoover Hill Rd.
Trinity NC 27370
Dear Eugene Terrell:
4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
REr=-"rrEn
N.C.Lk,,j L.�s� EHRiF
S E P 1 8 1998
September 14, 1998 �
Witt (+i� ce),Ii;E'iiV'
,.Regional Office.
Subject: Special Agreement
Certified Animal Waste Management Plan
Terrells Double TT Charolais
Facility Number: 76-36
Randolph County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 11, 1998, the Environmental Management
Commission (EMC) proposed to enter into a special agreement with Eugene Terrell in order to
allow additional time for Eugene Terrell to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility. That proposed agreement was received by
you on July 21, 1998 with a response to the Division of Water Quality being due by August 4,
1998. On August 4, 1998, the Division of Water Quality received a written response from you,
however, you did not sign the proposed agreement or provide the Division with an alternate
proposed timetable for obtaining and implementing your CAWMP. Therefore, the subject
facility is being operated without a valid permit and is subject to civil assessments of up to
$10,000.00 per day. If no response is received from you within 14 days of your receipt.of this
letter, staff from the Division of Water Quality's regional office will be asked to perform an
inspection of your farm. if you are found to be in operation above the threshold established by
15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated.
Please find enclosed another copy of the proposed Special Agreement. If you agree to abide
by the dates and terms of the attached schedule, you must sign, date and return the enclosed
documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14)
calendar days of your receipt of this letter. If you have"already'implemented your CAWMP,
please provide us with a response to"Mr. Sl ninon Langley within fourteen (14) calendar days of
your receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]" Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled110% post -consumer paper

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

NORTH CAROLINA
ENVIR04LNTAL MANAGEMENT CO SIGN
COUNTY OF RANDOLPH
IN THE MATTER OF )
SPECIAL AGREEMENT
FACILITY NUMBER: 76-36
EUGENE TERRELL
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Eugene Terrell, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the.
Commission: -
1. "OWNER" and the Commission hereby stipulate the following:
(a) _ "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.,
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in.-.
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
f
(c) "OWNER" desires to continue to operate the animal waste treatment works as a .
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with .
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving .
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph I(a) above,
hereby agrees to do the following: {
(a) Undertake all necessary activities in order to obtain and implement a certified -
animal waste management plan by 10/9/98.

Farm Number: 76-36 •
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, -'and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following 4
schedule for failure to meet the deadline set out in paragraph 2(a) above.:
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to'pay the penalties, br
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5.. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6... Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 76-36 .
Special Agreement
Page 3
•
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Terrells Double TT Charolais
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

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
Eugene Terrell
3811 Hoover Hill Rd.
Trinity NC 27370
Dear Eugene Terrell:
NCDENR
NORTH CAROLINA DF—PARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 17, 1998 RECEIVED
N.C. Dept. of EHNR
J U L 2 2 1998
'g ,a
e. Fus tX,l Office
Subject: Special Agreement
Certified Animal Waste Management Plan
Terrells Double TT Charolais
Facility Number: 76-36
Randolph County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 11, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Eugene Terrell in order to allow
additional time for Eugene Terrell to obtain and 'implement a certified animal waste management
plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Afrirmative Action Employer 50 % recycled/10 % post -consumer paper

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

0 NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RANDOLPH
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 76-36
EUGENE TERRELL
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Eugene Terrell, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as
the Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical to develop animal
waste management system which, once certified, will meet or exceed all
applicable guidelines and standards and will be able to comply with all aspects of
the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by October 9, 1998.

Farm Number: 76-36 i
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

Farm Number: 76-36
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Terrells Double TT Charolais
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WINSTON-SALF-m REGIONAL OFFICE
DIVISION OF WATER QUALITY
5 February 1998
Mr. Charles Hunt
Terrells Double TT Charolais
3811 Hoover Hill Road
Trinity, NC 27370
SUBJECT: Certified Animal Waste Management Plan
Terrells Double TT Charolais #76-36
Randolph County
Dear Mr. Hunt:
In the next few days, you will be receiving a certified
letter from our Raleigh Office informing you that your
facility was not certified by the December 31, 1997
deadline. In the letter, you will be asked to respond in
writing back to the Raleigh Office informing them of the
reasons why your facility was not certified by the deadline.
Attached to the letter will be an application for a
"Special Agreement". This agreement will allow you to set a
schedule for you to follow to complete the necessary
improvements or construction activities required in your
waste management plan prepared by NRCS or Soil and Water
Conservation. The Environmental Management Commission in
Raleigh will review and approve the schedule you propose.
Please complete the application when you receive it and
return it to the address found'on the last page of the
Raleigh letter.
If you do not understand what you need to do, or need
any assistance completing the application form, please call
me at [phone] and we will work together to make sure
all the necessary paperwork is completed.
Thanks,
�&4r
W. Corey Basinger
Environmental Engineer
CC: Randolph Co. NRCS/SWCD
Central Files
WSRO`,
585 WAUGHTOWN STREET, WINSTON•SALEM, NORTH CAROLINA 27107
PHONE[phone] FAX[phone]
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