760067_ENFORCEMENT_20171231

�� 6
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
CERTIFIED MAIL 7008 3230 0003 2547 0466
RETURN RECEIPT REQUESTED
Mr. Roy M. Crotts
5082 Walker Mill Road
Sophia, NC 27350
Charles VVaUd. P.E
Director
September 25, 2012
SUBJECT: Notice of Deficiency
Case Number: NOD-2012-OP-0002 Failure to Apply for a Permit
Facility #76-67, Permit Number AWD760067
Parcel ID Numbers: 7745681004 and 7745682538
Randolph County
Dear Mr. Crotts:
Dee Freeman
Secretary
On September 10, 2012 representatives from the State's Division of Water Quality (DWQ) Winston-
Salem Regional Office (WSRO) investigated a complaint alleging excessive odor from the animal operation,
improper animal disposal, and water quality issues. A copy of the report is attached for your review.
DWQ staff did not observe there to be excessive animal waste odors or any water quality issues on the
date of our visit. However, we noted that at least 140 cattle were being maintained on a feedlot located on the
adjoining parcels identified above. North Carolina General Statutes (NCGS) define a "feedlot" as a building
or lot where animals are confined for 45 or more days, which may or may not be consecutive, within a twelve-
month period. Per NCGS 143-215.10B and 143-215.10C, any agricultural farming activity involving 100
or more confined cattle is considered an "animal operation" requiring application for coverage under a
Cattle Waste Management System General Permit. To date, the Division has not received a permit
application in your name.
Therefore, upon receipt of this letter, you have sixty (60) days to submit the attached "State
Application for New or Expanding Animal Waste Operations" and all supporting documentation. Please note
that the application is to be completed using information from a Certified Animal Waste Management Plan
(CAWMP). Should you need financial or technical assistance regarding the CAWMP, please contact the
Randolph County Soil and Water Conservation District or Natural Resource Conservation Service offices at
[phone] or (336) 6294449, respectively. Once the application has been completed and signed, the
original and two copies of the application must be returned (along with three copies of the entire CA WMP) to:
NinslonSa�em Regionai Office
595 ti zfmhlmn Street WiWnnSaien NC F,107
r=none: 33t• '1.5000 1 FAX: L umcmer sealer, ;623-:74, One
'�tnt?t l: v4'�41�-riL�ti�:trtCULiItr.Jr,� ^R NorthCarohiia

R.M. Crotts
September 25, 2012
Page 2
North Carolina Division of Water Quality
Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
Please be aware that operation of your facility without coverage under a valid general
permit constitutes a violation of NCGS 143-215.1 and could result in assessment of civil
penalties of up to $25,000 per day. Additionally, you should expect DWQ staff to re -visit your
farm in the near future to assess for any additional or potential violations of the State's water
quality standards or regulations. If you have any questions concerning this Notice please contact
me, or Ms. Melissa Rosebrock, at [phone].
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
Attachment
cc: APS - Animal Feeding Operations Unit
Randolph County MRCS
Randolph County SWCD
Randolph County Environmental Health
WSRO APS Files

0 Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number :C760067-1 Facility Status: Active Permit:`AW0760067-' ❑ Denied Access
Inspection Type: Compliance Inspection Inactive or Closed Date:
Reason for Visit: Complaint County: CRandolgtL Region: Wington-Salem
Date of Visit: 0911012012 Entry Time: 11:�0 AM Exit Time: 11 A0 AM Incident #:
Farm Name: Crofts Fsrrn­-% Owner Email:
Owner: SRoKM'Crotts- 1 Phone:[phone]
Mailing Address: Sophia 2C 7350
Physical Address: 5082 WWkgr Mill Rd _ SophiaNC 27350
Facility Status: ❑ Compliant N Not Compliant integrator:
Location of Farm: Latitude: I Longitude:
Us Hwy 311 South. Left onto Walker Mill Road. Farm is on right after new highway.
Question Areas.,
Dischrge & Stream impacts Waste Col, Stor, 6 Treat Records and Documents
Other issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Roy (Mike) Croats Phone: [phone]
Primary Inspector: Mellspq Rosebrock Phone:
Inspector Signature: Date: t �1 01
Secondary Inspector(s):
Page: 1

• •
Permit: AWD760067 Owner- Facility: Roy M Crotts Facility Number: 760067
inspection Date: 09/10/2012 inspection Type: Compliance Inspection Reason for Visit: Complaint
Inspection Summary:
3. No water quality concerns were observed today. No excessive odor was noted either.
19. and 20. Today's investigation was the result of a complaint received by the Winston-Salem Regional Office alleging the excessive
odor, improper mortality disposal and water quality issues. At least 140 bull calves were contained in four poultry houses on property
owned by Mr. Crotts (PIN 7745682538 and PIN 7745681004). Per Mr. Crotts, he raises the calves from 6 months up to 400 pounds.
Mr. Crotts does not have an animal waste management permit.
28. One bloated carcass was observed in the bucket of a front end loader located on PIN 7745682538. Front end loader was located
at the front of the barns nearest Walker Mill Rd. Several bones were observed on top of a bedding waste stockpile in front of the two
hams located on PIN 77445681004. Since the remains were not properly buried, Dr. Carol Woodlief, with the State veterinarian's
office was contacted.
33. DWQ staff will need to follow-up regarding either: 1) the reduction of cattle below 100 or 2) the permitting of this farm as a confined
animal feeding operation.
DWQ staff was on site from appI roximately 1 1:00am-1 1;40am and again from approximately 12:00pm-12:30pm.
■ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front if space permits.
1. Article Addressed to:
Mr. Roy M. Crotts
5082 Walker Mill Road
Sophia, NC 27350
a
A. Signature x
(Prinjol Name) _ , I C.pht4 of
D. Is delivery address different from Item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
3. S ce Type
MCertlfled Mall ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mali ❑ C.O.D.
— l 4. Restricted Dellvery7 (Extra Fee) ❑ Yes
2, Arl
Rr 7008 3230' 001a3 2547 0466 +
PS Form 3811, February 2004 Domestic Return Receipt ID F G 102595-02-M-1540
Page: 2

Permit: AWD760067 Owner - Facility: Roy M Crotts
inspection Date- 09/10/2012 inspection Type: Compliance Inspection
Regulated Operations
Design Capacity
Facility Number. 760067
Reason for Visit: Complaint
Current Population
Cattle
Cattle -Dairy Calf 150 140
Total Design Capacity:
Total SSLW:
150
52,500
Page: 3

i
Permit: AW0760067 Owner - Facility: Roy M Crotts Facility Number: 760067
Inspection Date: 09/10/2012 Inspection Type: Compliance Inspection Reason for Visit: Complaint
Discharges & Stream Impacts Yes No NA NE
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 Slate (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ■ ❑ ❑
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 Collectlon, Storage & Treatment Yes No NA NE
4. Is storage capacity less than adequate? ❑ ❑ ❑ ■
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
U ■
U U
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 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?
Records and Documents Yes No
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? ■
Page: 4

0 '
0
Permit: AWD760067 Owner - Facility: Roy M Crotts
Facility Number: 760067
Inspection Date: 09/10/2012 Inspection Typo: Compliance Inspection
Reason for Visit: Complaint
Records and Documents
Yes No NA NE
Lease Agreements?
■
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑ ❑ ❑ . ■
if yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
Cl
Weather code?
❑
Rainfall?
❑
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 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 tail 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 Yes No NA NE
Page: 5

Permit: AWD760067 Owner - Facility: Ray M Crotts Facility Number. 760067
Inspection Date; 09110/2012 Inspection Type: Compliance Inspection Reason for Vielt: Complaint
Other Issues Yes 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 t ❑
E
Lagoon 1 Storage Pond i ❑
Other ❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
33. Did the Reviewerllnspector fail to discuss reviewlinspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Page: 6

RandV County, NC - Printable Parak Map
The data collection used to -produce this media was last u dated on 0 12012 Q 5:00:04 AM.
Parcel ID Nbr 7745589597
Owner Name CROTTS,ROY M (CROTTS,KATHY)
Owner Address 5082 WALKER MILL RD lA c1 j ,r e 5 5
Owner City/St/Zip SOPHIA, NC 27350
Property Description R 1939
Date/Time Stamp
9/20/2012 2:44:38
PM EST
Version 5.2 (August 2012)
Server: 01
Area Location Map
M F-
Map Legend
Municipalities
[1—,,' Outlined
Parcel Cov_eragefs)
H Addresses
Parcel Annotation
Fes' Lot Dimensions
Lot Numbers
Parcel Numbers
Parcel Lot Lines
Q Legal Lot Lines
cB Subdivisions
(Outlined)
Fq Tax Parcels
Other Coverapefsl
M 2007 Aerial Photos
All information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is
compiled from recorded deeds, plats, and other public records and data. Users of this data are hereby notified that the
aforementioned public primary information sources should be consulted for verification of the information. All information contained
herein was created for the County 's internal use. Randolph County, its agents and employees make no warranty as to the
correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law, including without
limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in
accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane NAD83.
Close Window
AvJ7�(o006-7
f��'oD _�01�-bP- 0ao�--

Rand
County, NC - Printable Pargg Map
II The data collection used to produce this media was last updated on 09M/2012 (a 5:00:04 AM. II
Parcel ID Nbr
7745681004
Owner Name
CROTTS,ROY M (CROTTS,KATHY)
�5082
Owner Address
WALKER MILL RD
Owner City/StlZp
SOPHIA, NC 27350
Property Description
1319WS NO RD FRTG
Area t_ocation Map
t
Map Legend
Municipalities
Outlined
Parcel Coverage(s)
aks Addresses
Parcel Annotation
»' Lot Dimensions
0 Lot Numbers
[� Parcel Numbers
Parcel Lot Lines
0 Legal Lot Lines
® Subdivisions
(Outlined)
Tax Parcels
Other Coverages)
2007 Aerial Photos
Date/Time Stamp
9/20/2012 2:42:52
PM EST
Version 5.2 (August 2012)
Server. 01
All information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is
compiled from recorded deeds, plats, and other public records and data. Users of this data are hereby notified that the
aforementioned public primary information sources should be consulted for verification of the information. Al information contained
herein was created for the County 's intemal use. Randolph County, its agents and employees make no warranty as to the
correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law. including without
limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in
accordance with North Carolina General Statute 132-1 D. Grid is based on North Carolina State Plane NAD83.
Close Window I

Rando& County, NC - Printable Parf& Map
The data collection used to produce this media was last updated on 09 12012 @ 5:00:04 AM.
Parcel ID Nbr
17745682538
Owner Name
CROTTS,ROY M (CROTTS,KATHY)
Owner Address
5082 WALKER MILL RD
Owner City/St/Zip
�SOPHIA, NC 27350
Property Description
R1936;5
Area Location Map
- �t
•►
Map Legend
Y
�
Municipalities
r
Outlined
Parcel Coverages)
Addresses
Parcel Annotation
1 Lot Dimensions
Q Lot Numbers
Parcel Numbers
Parcel Lot Lines
0 Legal Lot Lines
Subdivisions
(Outlined)
® Tax Parcels
=
Othe_r_Coverage(s)
2007 Aerial Photos
Date/Time Stamp
9/20/2012 2i38:15
PM EST
Version 5 2 (August 2012)
Server:01
All information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is
compiled from recorded deeds, plats, and other public records and data. Users of this data are hereby notified that the,
aforementioned public primary information sources should be consulted for verification of the information. All information contained
herein was created for the County 's internal use. Randolph County, its agents and employees make no warranty as to the,
correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law, including without
limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in
accordance with North Carolina General statute 132-10- Grid is based on North Carolina State Plane NAD83.
Close Window

Randolph County, NC - Printirble Parcel Map http://www.co.randolph.nc.us/scripts/esrimap.dil?natm=Randolph...
.1.
Randol County, NC - Printable Parap
The data collection used to produce this rrtedia was last updated on 0911012012 @ 5:00105 AM.
Parcel ID Nbr 7745587454
Owner Name FARLOW,MABEL V
Owner Address 5080 WALKER MILL RD
Owner City/St/Zip SOPHIA, NC 27350
Property Description R1936;S
It- 0 It IV, it rats
-5-0 9 -), -W a ( vlp r-
Area Location Map
Map Legend
Municipalities
Outlined
Parcel Coveragels)
El Addresses
Parcel Annotation
Lot Dimensions
Lot Numbers
Parcel Numbers
Parcel Lot Lines
Legal Lot Lines
® Subdivisions
(Outlined)
® Tax Parcels
Water Coverage(s)
E' Streams
Watersheds
Balance
Critical
Other Coverage(s)
Q 2007 Aerial Photos
Date/Time Stamp All information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is
compiled from recorded deeds, plats, and other public records and data. Users of this data are hereby notified that the
aforementioned public primary information sources should be consulted for verlffcation of the information. All information contained
9/10/2012 9:31:40 herein was created for the County 's internal use. Randolph County, its agents and employees make no warranty as to the
AM EST correctness or accuracy of the information set forth on this media whether express or implied, In fact or in law, including without
limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in
Version 5.2 (August 2012) accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane NAD83,
Server: 02
Close Window I UCH
l of 1 9/ 10/2012 9:32 AM

From: Larick,,Keith
Sent: tuesday, September 04, 2012 3:16 PM
To: Rosebrock, Melissa
Cc: Mitchell, Patrick
Subject: Randolph Co. complaint
Melissa,
Evan Kane was at a meeting last week, and a man named David Farlow talked to him about his neighbor's livestock
operation. The neighbor's name is Mike Crotts. Apparently he has old poultry buildings that now have cattle in them,
and Mr. Farlow was complaining about odor, mortality disposal and WQ issues. He thinks that Crotts is operating
without a permit. Evan didn't ask how many cattle are there. Farlow says that he contacted the county health dept. a
year or so ago, and that nothing happened,
Could you give Mr. Farlow a call? His is 4 is [phone].
Thanks,
Keith
----------------------------
Keith Larick
Supervisor, Animal Feeding Operations Unit
[phone] phone
[phone] fax
www.ncwaterguality.org
----------------------------
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Q 1?4097w
yrsa a;�o

___; 3
Rosebrock, Melissa
From: Larick, Keith
Sent: Tuesday, September 04, 2012 3:24 PM
To: Rosebrock, Melissa
Subject: RE: Randolph Co. complaint
Could be the same guy - He gave Evan a business card, it says:
Thistletree Farm
David G. Farlow
Address is Climax NC
V C
ct 7 Y0-
�,g -�3q
Would make sense if it was the same guy — he knew that we require permits for animal operations, and he called it a "confined
animal problem"
Keith
----------------------------
Keith Larick
Supervisor, Animal Feeding Operations Unit
[phone] phone
[phone] fax
www,ncwaterguality.or----------------------------
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: Rosebrock, Melissa
Sent: Tuesday, September 04, 2012 3:20 PM
To: Larick, Keith
Subject: RE: Randolph Co. complaint
Sure. It's the first I've heard of this but we'll check it out. We used to have a David Farlow that was permitted in
Randolph but he closed out his WSP several years ago.
Hmmm.
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwater ualit .or
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

Rosebrock, -Melissa • •
From:
Sent:
To:
Cc:
Subject:
Melissa,
Larick, Keith
Tuesday, September 11, 2012 9:45 AM
Rosebrock, Melissa; Mitchell, Patrick
Towell, Buster
RE: calves/cows question
EPA does have three categories for cattle. One for dairy cows (milked or dry), one for veal calves, and a third for all other cows
(beef, heifers, etc.). They also have different thresholds for swine (over or under 55 Ibs). These thresholds are only used for
determining if they are a Medium or Large CAFO under the federal rules for the purposes of NPDES permit coverage.
For the state permitting program, the 100 cow threshold is the only thing that applies.
Keith
----------------------------
Keith Larick
Supervisor, Animal Feeding Operations Unit
[phone] phone
[phone] fax
www.ncwater ualit .or
----------------------------
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: Rosebrock, Melissa
Sent: Tuesday, September 11, 2012 9:05 AM
To: Larick, Keith; Mitchell, Patrick
Cc: Towell, Buster
Subject: RE: calves/cows question
Keith,
seems like I recall a discussion/ruling by EPA that the number was based on "mature" cattle. Do you remember?
Melissa Rosebrock
E-mail Address: melissa.rosebrock ncdenr. ov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone], fax [phone]
www.ncwaterguality.org
E-mail correspondence to and from this address may be subject to the
!North Carolina Public Records Low and may be disclosed to third parties.
From: Larick, Keith
Sent: Tuesday, September 11, 2012 8:22 AM
To: Rosebrock, Melissa; Mitchell, Patrick
Subject: calves/cows question
1

Melissa, i 0
Looking at the statutes and regs, there is nothing that makes an exception for calves. So they would count towards the 100
threshold. This is consistent with the rules we have for swine, where even the small pigs count towards the 250 threshold.
Looking in 1217, there is a very brief mention of this issue in Section 5.1:
"An example of a dairy with 100 cattle or more would be designed to milk a maximum of 80 cows with 20 or more other cattle
(calves, dry cows, replacement heifers, etc.) that are in the same concentrated area of the dairy as the cows to be milked."
In this example, the 20 calves combine with the 80 milk cows to get to 100 total. So this means that the guy with 140 calves in
old poultry buildings is operating without a permit. He has the option of dropping to 99, or we can get him under a permit. If he
is using a dry system, it should be pretty straightforward to write a plan and issue a permit, he will just have to be willing to do
SO..
Keith
Keith Larick
Supervisor, Animal Feeding Operations Unit
[phone] phone
[phone] fax
www.ncwaterguality.org
----------------------------
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.

Wo
i
b'

0
M1109MM 9�:m