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HomeMy WebLinkAbout860008_CORRESPONDENCE_20171231Re: Radford Civil Penalty Payments Subject: Re: Radford Civil Penalty Payments Date: Fri, 31 May 2002 09:28:22 -0400 From: "Janet Leach" <JLEACH@mail.jus.state.nc.us> To: <Melissa.Rosebrock@ncmail.net> Melissa, this is in response to your question about the county. I was in error. His cases are in Surry County. Please fogive me for giving you incorrect information. I do recall I had a Duplin county case on my desk at the time I was responding to you. >>> Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> 05113102 09:19AM >>> Anita, I just spoke with Janet regarding Radford's payment for penalties that were assessed several years ago. She said she'd confirm his balance after she spoke with Charlene. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 1 of 1 5/31/2002 2:37 PM • REcrc.I fEr JN .G. Dc'pt u ' ::1'ir�, M E M O From the desk of_ Janet D. Leach Paralegal Department of Justice P. O. Box 629 Tel: (919) 716-6948 Pax: (919) 716-6766 i1each@maitJus,s1a1e.nc.us To: Melissa Rosenbrock Subject: Roger Dale Radford Date: May 22, 2002 M.EMRi0ice PLEASE SEE THE ENCLOSED - CALL IF YOU HAVE QUESTIONS. Mr. Radford's cases: A civil penalty assessment was issued by DWQ dated July 23, 1997 in the amount of $2,743.00 {including investigative costs for $743.00), our records show that Mr. Radford was to sign a payment plan to pay eleven equal payments of $228.59 and one payment of $228.51. On July 13, 1998 check numberl 103 in the amount of $228.59 was received. As of August, 2000, Mr. Radford had not paid the additional payments nor did the payment plan. As a result of his nonpayment a complaint for this CPA was filed ' uplin aunty Superior Court on August 9, 2000. Superior Case No: 00-CVS-1181. -On April 3, 2 1 check in the amount of S2,514.49 was received to complete payment on this case. As a result of inspections on March 22, 2001 a Complaint and Applicatio Temporary Restraining Order and Motion for Injunctive Relief was filed with in th Duplin ounty Superior Court on March 26, 2001. Superior Court case No.: (01 CVS 650). Based on the information in this office, Mr. Radford is current with his DWQ assessments. However, the Injunctive Relief case is still active. Please contact me if you should have further questions concerning this matter. Re: Radford Civil Penalty Payments 0 Subject: Re: Radford Civil Penalty Payments Date: Mon, 20 May 2002 17:19:45 -0400 From: "Janet Leach" <JLEACH@mail Jus.state.nc.us> To: <Melissa.Rosebrock@ncmail.net> Did I ever get back to you on this? I have spoken to Sharlene about it, seems like we concluded that he only has two records with us, one is paid and the one pending in civil court is still open. Let me know and I will see if I have not given you a concrete answer, I will try my very best to get one for you. >>> Melissa Rosebrock cMelzssa.Rosebrock@ncmail.net> 05113102 09:19AM >>> Anita, I just spoke with Janet regarding Radford's payment for penalties that were assessed several years ago. She said she'd confirm his balance after she spoke with Charlene. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4508 ext 265 FAX: (336) 771-4630 1 of 1 15/21/2002 11:57 AM Re: Radford Dairy 0 • Subject: Re: Radford Dairy Date: Tue, 19 Jun 2001 12:43:38 -0400 From: "Mary Dee Carraway" <mcarr@mail Jus.state.nc.us> To: <Melissa.Rosebrock@ncmail.net> As I said in my voicemail Melissa, I will inform Kathy Cooper of the situation. She will be your contact as I am leaving the AG's office on Monday. If you need any further assistance on this case, please contact her. Mary Dee >>> Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> 06119101 12:12PM >>> Mary Dee, To follow-up on your voice mail of yesterday, yes we would like to continue the State's efforts to enforce the court's decision regarding this operation. This facility has still not complied with the court ordered mandate to 1) obtain a CAWMP and 2) apply for an individual permit, even after his request for an extension was granted. As of this week, he is now 60 days past his court ordered 30 day deadline. We understand the AG Office's situation with regard to workload, personnel changes, etc., however, this facility is still considered to be an immediate environmental threat and our intentions are to pursue enforcement procedures to "the end." It is my understanding that the next step is for the AG's Office to file for "Contempt of Court" and that your office will need to investigate the financial feasibility of him fulfilling the court's mandates. If this is not correct, please notify our office as to the next step. Please let us know if additional information is needed or our office may be of additional assistance. Thanks! Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 1 of 1 6/19/2001 12:50 PM f Michael F. Easley, Governor A*A William G. Ross, Jr., Secretary NCDENR Npnr.. �.wo De�wrNfnrr o. Er.viwoN..e..r w..D N�Rwa. Rceouwcce N.C. Department of Environment and Natural Resources Release: IMMEDIATE Contact: Ernie Seneca, 919/733-7015, ext. 208 Date: April 4, 2001 Distribution: Targeted _ COURT ISSUES ORDER AGAINST SURRY COUNTY DAIRY DOBSON — A Surry County Superior Court has ordered a dairy farm that poses serious water quality threats to'either clean up its operation or remove cows from the site and close. In response to a request filed by the Division of Water Quality and the Attorney General's Office, state Judge Judson D. DeRamus Jr. last Monday ruled for a preliminary injunction against Roger Dale Radford of Stuart, Va. Radford raises 40 milking cows at a farm about half a mile off State Road 103 near the North Carolina -Virginia border. "We're talking chronic problems here — waste discharges to surface waters, dead animals and so on," said Tommy Stevens, director of the Division of Water Quality. "Radford dairy has some immediate, major improvements that must be made. If not,'they could be held in contempt of court and ordered to shut down." On March 22, both DWQ and Division of Soil and Water Conservation inspectors visited the farm. They found several denuded pastures and that several feet of manure had been pushed to the end of a ramp overhanging the storage pond behind the milking barn. The push -off ramp was severely eroded and was in danger of collapsing into the storage pond. The inspectors also reported high levels of wastewater in the storage pond — four inches from the top of a spillway, and that two animal burrows were in the dike wall. Evidence of past discharges Was found along with a diversion ditch leading to Silverleaf Creek. In addition, several pieces of a decomposed cow carcass lay about 35 feet from the rear of the milking barn. The state Veterinary Division was contacted about the animal carcass and is investigating. Mary Dee Carraway, the Assistant Attorney General for the state who argued the case, said it was challenging to pursue the dairy because it does not have a general permit and the operator is rarely on site. "We had to go at this farm a little differently because it is below animal threshold counts and thus is deemed permitted. "We based our actions on public nuisance and threatened water quality violations," Carraway said. "If Radford wants to continue operating, he'll have to get a state nondischarge permit. That will make it easier for us to oversee his compliance with state water quality laws." -more- Office of Public Affairs Phone: (919) 715-4112 1601 Mail Service Center, Raleigh, NC 27699-1601 An Equal Opportunity / Affirmative Action Employer Don Reuter, Director FAX (919) 715-5181 don.reuter@ ncmail.net -2- Under North Carolina law, nondischarge permits are required for cattle operations with 100 or more head. Farms with fewer animals are deemed permitted but must still comply with environmental regulations. The permits are also required for operations with 250 or more hogs, 1,000 sheep', 75 horses and 30,000 poultry with a liquid waste system. Individual nondischarge permits, such as the one Radford would have to seek, can be required for operations below animal threshold numbers. The court order required Radford Dairy to submit a plan within 72 hours to DWQ's Winston-Salem Regional Office to reduce the amount of wastewater in the storage pond. The lagoon had only 4 inches of space from the wastewater level to the top of the pond wall. Radford's plan, which regional staff is currently reviewing, must demonstrate how it can increase that space or freeboard level to a minimum of 12 inches within 30 days. If DWQ finds the plan unacceptable, Radford will have to remove the cows from the farm within 14 days. The facility would then be prohibited from any dairy operations and would have to close out, including the storage pond, within six months. The order also requires the following within 30 days from Radford: • Obtain a certified animal waste management plan and apply to DWQ for an individual (site specific) non -discharge permit for animal operations, or submit a farm closure plan; • Repair concrete berms used to hold waste on a temporary basis; • Repair and stabilize the concrete, manure push -off ramp at the storage pond; and • Fill the diversion ditch running between the pond and Silverleaf Creek, and repair animal burrow holes in the dike wall. Radford has been previously fined for water quality violations. In 1997, DWQ fined him $2,7430 for a waste discharge to surface waters. Radford has only paid $228.59 of that total. The Attorney General's Office has filed a complaint against him to collect the remainder of that fine. Office of Public Affairs Phone: (919) 715-4112 1601 Mail Service Center, Raleigh, NC 27699-1601 Don Reuter, Director FAX (919) 715-5181 don.reuter@ncmail.net An Equal Opportunity 1 Affirmative Action Employer Re: Request for individual non -discharge application 0 Subject: Re- Request for individual non -discharge application Date: Wed, 04 Apr 2001 09:31:42 -0500 From: Sue Homewood <sue.homewood@ncmail.net> Organization: DWQ To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> CC: Dennis Ramsey <Dennis.Ramsey@ncmail.net> sent Melissa Rosebrock wrote: > Mr. Roger Dale Radford has requested an application ..... could you send > one to him? His address is: 1952 Old Orchard Loop, Stuart, VA, > 24171. Let me know if you need additional info. regarding this case. > Thanks. Melissa > Melissa Rosebrock > NC DENR Winston-Salem Regional Office > Division of Water Quality, Water Quality Section > 585 Waughtown Street > Winston-Salem, NC 27107 > Voice: (336) 771-4608 ext 265 > FAX: (336) 771-4630 1 of 1 4/5/2001 10:15 AM Re: Ridford's Second Response Subject: Re: Radford's Second Response Date: Thu, 29 Mar 2001 15:49:24 -0500 From: "Mary Dee Carraway" <mcarr@mail Jus.state.nc.us> To: <Melissa.Rosebrock@ncmail.net> Melissa, His plan certainly seems more complete now - but you and Dennis and whoever else at DWQ need to decide if its adequate. He pumped down. I guarantee if you go out there now he's discharging - with the rain - would he possibly have run-off of the fields into the creek if he over -applied. Call me to discuss. I just left a voice mail for Dennis. >>> Melissa Rosebrock <Me1issa.Rosebrock@ncmai1.net> 03129101 02:34PM >>> His response was received by our office at 12:26pm today, meeting the 12:50pm deadline. I've gone through his waste application plan and it appears that he will be applying about 40 lbs. of nitrogen per acre. This is within the "allowable" nitrogen per acre for the crops proposed. On paper, the plan appears to be sufficient. I have some questions regarding his plan, though: 1. Is the corn conventional or no -till? I would guess conventional from the fields we've observed already. 2. Is the corn to be silage or grain? I would guess silage. 3. When are the soybeans to be planted? This could be done now, but is typically May/June in this area. 4. Grass .... is this pasture or hay? I would guess pasture based on the land around the farm. 5. He doesn't describe the use of any buffers near the streams. These should be at least 25 feet. 6. To be obtain a CAWMP in Surry county, the crops need to all be no -till since the land erodes at >5 tons per acre per year (see NRCS standard). His land probably (estimate) erodes at 13-14 tons per acre. These statements were supplied to me by the Surry SWCD. 7. Mr. Radford states that his waste contains less than 20 lbs. N per 1,000 gal. How does he know this? 8. The maps were not adequate. Field numbers/tracts need to be identified. *9. Mr. Radford states that he "is now safely below 12 inches" (page 7 of fax). I thought that he was supposed to wait until we approved his "Plan?" What do we do now? What is my response to be to him or his attorney? Please advise.... Dennis? Mary Dee? Thanks again. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 I of 1 4/2/2001 9:51 AM Rej%pver�ition wl Radford Subject: Re: Conversation wl Radford Date: Wed, 28 Mar 2001 17:46:57 -0500 From: Dennis Ramsey <dennis.ramsey@ncmail.net> To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> CC: Mary Dee Carraway <mcarr@mail .jus.state.nc.us> Melissa It looks like you have everything well under control. However please let me know if you need anythng from us. Thanks Dennis Melissa Rosebrock wrote: > Spoke wl Mr. Radford at 4:05 today. He said he didn't realize what we > wanted and didn't realize that it needed to be so detailed. I told him > that he could have called Mon. afternoon, yesterday, or earlier today if > he had questions. I told him we needed the following items addressed in > his plan and that he needed to re -submit it to this office by 12:50pm > tomorrow stating: > -where the waste was going to be applied, type of crop existing on the > field or to be planted, and specific locations and maps showing where > the waste was going to be applied > -type of tank, size of tank, type of agitator, agitating plans, plan for > dealing with the weeds on the top of the waste pond > -average nitrogen for his waste pond (he called Surry SWCD and they told > him to use 20 Ibs.11000 gal .... based on another farm similar to his > situation in the same county) > -when he intended to start pumping > > Anything else?? I ask him if he needed our fax number or Mary Dee's > numbers and he said no. > I suggested that he fax a copy of his plan to both Mary Dee and me. > Anything else you need me to do for now? > Melissa > Melissa Rosebrock > NC DENR Winston-Salem Regional Office > Division of Water Quality, Water Quality Section > 585 Waughtown Street > Winston-Salem, NC 27107 > voice: (336) 771-4608 ext 265 > FAX: (336) 771-4630 I of 1 4/2/2001 9:53 AM TRO against the Roger Radford Dairy Subject: TRO against the Roger Radford Dairy Date: Thu, 22 Mar 2001 15:57:51 -0500 From: Dennis Ramsey <dennis.ramsey@ncmail.net> To: mary dee carroway <MCARR@MAIL.JUS.STATE.NC.US> CC: Coleen Sullins <Coleen.Sullins@ncmail.net>, kts <kts@h2o.enr.state. nc.us>, Melissa Rosebrock <Melissa.Rosebrock@ncmail.net>, Jeff Poupart <Jeff.Poupart@ncmail.net>, Sonya Avant <Sonya.Avant@ncmail.net> Mary Dee As per our conversation with Tommy Stevens today, please take the necessary actions to secure a TRO against the subject facility which currently has only 4 inches of freeboard in his lagoon, animal holes in the dike, signs of previous discharges and dead cattle on the site that have not been properly handled. Part of this action should be a requirement that the ower apply for and receive coverage under an individual non -discharge permit.. If we can be of an assistance, please do not hesitate to contact us. Thank you for your help Dennis 1 of 1 3/22/2001 7:15 PM 04/20/00. 08:26 FAI 9103 From dogge'tt 306-9628 Jonathan, C. Stickel City of Mount Airy P.Q for 70 c/o F.G. Doggett Water Treatment Plant Mount Airy, N.C. 27030 (336) 786-3595 Mr. Tony Davis Surry County Soil and Water Dobson, N.C. 27017 Dear Mr, Davis, APR 2 Q 20M Winston-Salem Regional Office April 18, 2000 1 spoke with my supervisor, Palk! Puckett, concerning your request for weather information from our site. The following are the rainfall amounts for the period March 27 -- 31, 2000 recorded here at the F.G. Doggett Water Treatment Plant, a National Weather Service Cooperative Observer station. Please call if you have any questions. Date E=(Jp. tion March 27 0.00 Murch 28 Trace (none recorded) March 29 0.00 March 30-- ]Fn5pec4ion, I S+ 0.12 March 31 0. 05 Rp61 3 -- 3nspe6fi6vj j,2 rid . OPTIC'm MAN in 0.20) FAX TRANSMITTAL ' Y. .. . n_,_t„_, Pram rez or R «o+ pw" r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY MEMORANDUM January 29, 1999 TO: Mr. Dan Oakley, Esq. Special Deputy Attorney General FROM: A. Preston Howard, Jr. SUBJECT: Request for Collection of Penalties RECEIVED N.C. Qept. of EHNR jFEB - 2 WS Re��rla`� Office Please initiate collection proceedings for the cases listed below. Request for payment letters have been -mailed to each of the parties but to date the Division has received no response. A copy of the case file is attached. Violator J. Perry Swine Farm Roger Radford and Sherman Anderson Case Number CF 97-001 DD 96-024 Last payment April 27, 1998 July 13, 1998 Thank you for your assistance in this matter. if you have any questions, please call Shannon Langley at 733-5083, ext. 581. ATTACHMENTS cc: Washington Regional Water Quality Supervisor E-Winston-Salem-Regional Water-'QualirySup rverye isor Cas�Fi1 CF'97=401 Case File DD 96-024 Amount due $3,121.88 $2,514.41 P.O. Box 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE F19-733-5083 FAX 919-733.991 9 AN EQUAL OPPORTUNITY /AFFIRMATIvE ACTION EMPLOYER - 50% RECYCLED/10% POET -CONSUMER PAPER • EifififfffiffffffffffffffffffiffDEM NOV RECORDffffifiiiffifiiiifiiiifffffifff» 'DEM Section WQ County Name SURRY NOV Author ATS TRACKER ID 2047' !Violator RADFORD, ROGER/ANDERSON,SHERMA Premise Number ' 'Site Name RADFORD DAIRY FARMS Permit Number ' 'Violation ILLEGAL DISCHARGE Inspection Date 06/11/96 ' 'NOV Date 06/19/96 Response Deadline 08/19/96 Response Recvd / / ' i=ffifffffffiffiffiffffffffffffffiiffiiiffiffifffffffiiffffffffiiifiiffiffffff�� M fffffffffffffffffffffffff0EM ENFORCEMENT RECORDfffffffffifffffiffiiiiiffff» 'DEM Case Number DD 96-024 Fast Track T Investigator AT$ TRACKER ID 2047' 'Regst Date 06/19/96 Green Card Date / / Collection Reqst 'Draft F&D Recvd / / Draft F&D Reviewed 'Date Assessed 07/30/97 Original Assessment 2743.002 'Remission/Hearing Requested 10/17/97 Scheduled 12/03/972 'R/H Result DENIED ' 'EMC Requested / / Scheduled 04/09/982 'EMC Result DENIED PAYMENT SCHEDULE UNTIL 5-1-99 ' 'Penalty Paid 0.00 Closed Date 'Comment FINAL AGENCY DECISION 4/20/98 ' Effiffififffffffffffffffiliiifiiiiiiiiiiiiiiiiffiiiifffffffifiiiiiiifffiiffff% << SCREEN MODE: View/update >> EflififfiIIIIIIIIIIIIfIllf111111111fffffiiiillllifiillfffIlllllllliii1111» ' < Top > < Prior > < Next > < Bottom > < Search > < Menu > ' Efiffiffffffffffffffffiiffffffiiifffiffiffiffififfifififfifffffiffififfi • RESEARCh & ANA[yTICAI %CE1V D LABORATORIES, INC. t4IC' [)opt. °f EH �uN 4 1996 Analytical/Process Consultations�4ct,r-jc^lt� Div. of Environmental Management Date Sample Collected 06/11/96 585 Waughtown Street Date Sample Received 06/11/96 Winston-Salem, NC 27107 Date Sample Analyzed 06/11/96 Attn: Allan Smith Date of Report 06/20/96 Analyses Performed by MJ Lab Sample Number Lab Sample Number -------------------- -------------------- Lab Sample Number -------------------- Lab Sample Number -------------------- 272617 272618 272619 272620 Parameter Storet # Results Results Results Results Fec CoU -MF (31616) 9,400/100 ml 2,600/100 ml 2,400/100 ml 1,000/100 ml Clients Sample Source SILVER LEAF CREEK SILVER LEAF CREEK SILVER LEAF CREEK SILVER LEAF CREEK Number 1-LAGOON 2-ABOVE 3-BELOW 4-ABOVE Time Collected (Hrs) 1100 1115 1130 1145 P.O. Box 473 • 106 Short Street • Kernersville, North Carolina 27284 0 910/996-2841 North Carolina Department " �' of Environment, Health, and Natural Resources l�T��l 'Aaw D. E R Lions ALLAN SMITH 585 Waughtawn Street Envtronmental Technician Wiruion-Salem, NC 27107 Div. of Environmental Management (910) 771-4600 Water Ouaiify Section FAX; (910) 771-4631 SAMPLERS (SIGNATURE) .q SAMPLE NO. DATE TIME corn► GRAD I STATION LOCATION I I Il op Q ( r. V, II 30 I!q'C- of �P `RELINQUISHED BY RELINQUIS D DATE/TIME RECEC�Y 11113-() DATEITIME RECEIVED BY rl( V 1-k 0= W Z F z 0 U U. O O z REMARKS. �r ce CHAIN OF CUSTODY RECORD REQUESTED ANALYSIS REC'EIVEJ DIVISION OF ENVIRONMENTAL MANAGEMENT A4 , V. C. F J e p t• of 1EH N F1 Chemistry Laboratory Report 1 Water Quality MAR 81996 Lab Number : 6AV750 El SAMPLETYPE - Date Received: V29/96 COUNTY SURRY PRIORITY Time Received: 8:45 AM RIVER BASIN: AMBIENT QA � STREAM r, qE}FFLUENTr . { p yy� Received By : HMW Y� , —L01-5— :Crf 11 REPORT TO WSRO Regional Office COMPLIANCE CHAIN OF CUSTODY LAKE l I 1 1 i C e: R C10MFL1�Ei+II' Off Other : X❑ EMERGENCY ESTUARY Daia Released COLLECTOR(S) : A, SMITH 76 + Date Reported; l Estimated ROD Range: Station Location: FEW YARDS UPSTREAM FROM 103 BRIDGE SILVERLEAF CRK S Chlorinated: Remarks: Station Date Begin (yylmm/dd) Date End (yy/mm(dd) Time Begin Time End Depth - DM, DB, DBM Value Type - A,11. L Composite-T, S, B Sample Type 96/02/28 BOD 310 ma/L COD High 340 mall- COD Low 335 mg/L. S Colifarm: ME Fecal 31616 740 1100ml Coliform: ME Total 31 SW 1100m1 Colirorm: tube Feral 31615 /100m1 Coliform: Fecal Strep 31673 llooml Residue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530 mall - Volatile 535 mg/L Fixed 540 mg/L pH 403 units dity to pli 4.5 436 mg/L ty to pH 8.3 435 mg/L alindy to pH 8.3 415 mg/L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turbidity 76 NTU COMMENTS: Chloride 940 mg/L Cb] a: Tri 32217 ug/L Chi a: Corr 32209 ug/L Pheophytin a 32213 ug/L Color- True 80 c.u_ Color:(pH) 83 pH- c.u. Color: pH 7-6 82 C.U. Cyanide 720 m9/1- Fluaride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardriess Tom] 900 mg/L Specific Cond. 95 uMhosh-m2 MBAS 38260 mg/L Phenols 32730 ug/L Sulfate 945 mg/L Sulfide 745 mg/L Boron Coliform Total Tube •/100 mks NH3 as N 610 ma7L TKN an N 625 mE/L 1,102 plus NO3 as N 630 mg/L P: Total as P 665 mall- PO4 as P 70507 mg/L P: Dissolved as P 666 mall. K-Potassium mg/L Cd- Cadmium 1027 ug/L Cr-Chromium:Total 1034 ug/L Cu- Copper1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ugIL Zn- Zinc 1092 ug/L V-Vanadium ug/L Ag-Silver 1077 ug/L A[- Aluminum R105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 mg1L Co -Cobalt 1037 ug/l, Fe- Iron 1045 ug/L Li -Lithium 1132 ug/L Mg- Magnesium 927 mF)L Mn-Manganese 1055 ug/L Na- Sodium 929 ; mall- Arsenic:Tota11002 ug/L Sc- Selenium 1147 ug/L 14g- Mercury 719M ug/L Ba Barium ug/L Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides BasetNeutra]&Acld Exuectable Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range PH/BTEX Gasoline Range Phytoplankton DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) a COUNTY Salty PRIORITY SAMPLE TYPE RIVERBASIN gF)DKIM ❑AMBIENT ❑COMPLIANCE ❑ QA ❑ CHAIN OF CUSTODY STREAM ❑ LAKE ❑ EFFLUENT ❑ INFLUENT REPORT TO: ARO FRO MRO RRO WeRO WIRO SRO S AT BM Other Shipped by; Bu nu le , Staff, Othe llJEMERGENCY ❑ESTUARY COLLECTOR(S): _ . �,- SfY1r j L Estimated SOD Range: 0-5/5-25/25-65/40 130 or 100 plus STATION LOCATION: W �0,d �� Si^I� 7m fo3 ${�; �(1♦� n �� �Vf'C CAI►. Seed: Yes ❑ Ne ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Station # Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type 9� OZ Zg it- I A H L T S B C m GNXX Fnr Lah tics nNLV BOOS 310 mg/i COD High 340 mgA 3 COD Low',335 mg/1 4 Coliform: MF Fecal 31616 /100ml 5 Coliform: MF Total 31504 /100mI 5 Coliform: Tube Fecal 31615 /100m1 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/I 9 Volatile 505 mg/1 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/i 13 Fixed 540 mg/1 14 pH 403 units Acidity to pH 4.5 436 mg/1 Acidity to pH 8.3 435 mg/I 17 Alkalinity to pH 8.3 415 mg/l - 18 Alkalinity to pH 4.5 410 mg/1 19 T0C 680 mgA 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: TO 32217 ug/I Chi a: Corr 32209 ug/1 Pheophytin a 32213 ug/1 Color. True 80 Pt -Co Color:(pH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Hardness Total900 mg/1 Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/1 Phenols 32730 ug/l Sulfate 945 R19A Sulfide 745 mg/1 Lab Number:G[�/ Date Received:L / Time: Reed b J From; Bus- ovi�=Hand Del DATA ENTRY BY: CK: DATE REPORTED: NH3 as N 610 mgA TKN as N 625 mg/l NO2 plus NO3 as N 630 mgA P: Total as P 665 mgA PO4 as P 70507 mg/1 P: Dissolved as P 666 mg/I CdCadmfum 1027 ug/t Cr-Chromiu=Total1034 USA Cu-Copper 1042 ug/1 NI -Nickel 1067 ug/1 Pb-Lead 1051 ug/I Zrt-Zinc 1092 u9A A ilver 1077 ug/1 AI -Aluminum 1105 119A Be-Berylllum 1012 ug/1 Ca -Calcium 916 mg/I Co -Cobalt 1037 ugA Fe -Iron 1045 _ ugA Li -Lithium 1132 ug/l Mg -Magnesium 927 mg/i Mn-Manganese 1055 ug/1 Na-Sodium 929 mg/l Arsenic:Total 1002 ug/I Se -Selenium 1147 ug/1 Hg-Mercury 71900 ug/I Organochlorine Pesticides Orgnoplrosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point 1G Conductance at 25 CWater Temperature D.O. mgA pH AIkalinity Acidity Air Temperature (C) pH 8.3 pH 4.5 pH 4.5 pH 8.3 2 99 10 300 . 400 . 82244 431 92243 82242 20 Salinity 76 Precipition (In/day) Cloud Cover % Wind Direction (Deg) Stream Rorer Severity Turbidity Severity Wind Velocity M/W can Stream Depth ft. Stream Width ft. 480 45 32 36 1351 1350 35 64 4 N. -!c'P-z. Off. EF'NR t 1 DIVISION OF ENVIRONMENTAL MANAGEMENT �_IN`; MAR 8 1996 Chemistry Laboratory Report Water Quality Lab Number : 6W751 l M LE E Dale Received ; 2129196 COUNTY SURRY fFJORfTY �! i n s t :) j3 — S p yy� In Time Received: 8:45 AM RIVER BASIN. AMBIENT QA EFF1,�U El STREAM] e 0 ! o w' (� v' JFL�•UENT Received By HMW r� g IIN REPORT TO WSRO Regional Office COMPLIANCE CHAIN OF CUSTODY El LAKE El Giber Xj EMERGENCY ED ESTUARY Daly Released COLLECTOR(S) : A. SMITH 78 �y Dale Reported : r Y EJ Estlmated DOD Range: Station Locstiow )UST BELOW CONFLUENCE OF 2 UT TO SILV ERLEAF CRK Chlorinated: Remarks: Station 0 Date Brgia (yylmmldd) Dale End (yy/mm/dd) Time Begin Time End Depth - DM, DB, DBM pe- A, H, L Va1ne Tym Cempite-T, 5, B S:rnple Type 9610229 - - BOA 310 mg/L COD High 340 mg/L COD Law 335 - mg/L X Colifmm: MF Fecal 31616 < 10 /IODMI Coliform: MF Total 31504 /106m1 Coliform: tube Fecal 31615 1100ml Colifomt: Fecal Strep 31673 1100m1 Residue: Total 500 sng/L Volatile 505 7-9/1- Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 mg/L PH 403 units ity to pH 4.5 436 MAIL ity to pH 8.3 435 - mg/L Alkalinity to pH 8.3 415 mg/L Alkalinity to pH 4.5 410 mg/L, TOC 680 mg/L Turbidity 76 NTU COMMENTS: Chloride 940 mg/L Chl a: TA 32217 ug/L Cht a: Carr 32209 ug/L Pheophylin a 32213 u9/1, Color: True 80 c.u- Color, (pH) 83 pH- c.u. - Color. pH 7.6 82 c.u. Cyanide 720 mglL Fluoride 951 mg/L Formaldehyde 71880 mgll. Orease and Oils 556 mg/L. Hardness Total 900 mg/L Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/L Phenols 32730 ug/L Sulfate 945 mg/L Sulfide 745 mg/L Boron Coliform Total Tube 'I100 mN NH3 as N MO m&II, TKN an N 623 mg/L NO2 plus NO3 0 N 630 mg/L P: Total es P 665 mg(L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd- Cadmium 1027 ug/L Cr-Chromium:Total 1034 ug/L Cu- Copper 1042 ug(L. Ni-Nickel 1067 ug/L. Pb- Lead 1051 ug/I. 2:n- zinc 1092 ug/L V -Vanadium ug/L Ag- Silver 1077 ug/L AI -Aluminum 1105 ug/L Be -Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 uSIL Li -Lithium 1132 ug/L. Mg. Magnesium 927 mg/L Mn-Manganese 1055 ug/L Na- Sodium 929 -8/1. Arsenic:Total 1002 ug/L Se- Selenium 1147 ug/L Hg- Mercury 71900 ug/L Ba_Barium ug/L Organochlorine Pesticides Organophaspharus Pesticide Acid Herbicide Base/Nentral&Acid Extractable Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPHBTEX Gasoline Range Phytoplankton ' For Lab Use ONLY DIVIS101-t OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) Sulky COUNTY PRIORITY SAMPLE TYPE �AD1:1N RiVFR BASINfv ❑AMBIENT ❑ QA STREAM ❑ EFFLUENT REPORT TO: ARO FRO MRO RRp WaRO WIR W TS AT SM ❑COMPLIANCE ❑ LAKE ❑INFLUENT Other CHAIN OF CUSTODY Shipped by; Bus ur , StalE, Ot er EMERGENCY ESTUARY Lab Number 41 ,, Date Received: 7 Time: pp Rec'd by. f From. Bus urli3r-Hand Del DATA ENTRY BY: CK: DATE REPORTED: COLLECTORS): SM Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION- �'t/�� Wow CpS� utY1 Ge S 2 UT _ _f ��� y� l� CA Seed: Yes ❑ No El Chlorinated: Yes ❑ No ❑ REMARKS: Station # Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type 11(0 01Z 2 11: 5 o 1 1 A H L T S B 1 C G GNxx BOD5 310 mg/1 COD High 340 mg/1 COD Low 335 mg/1 4 Coliform: MF Fecal 31616 /100ml Coliform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /100ml e Coliform: Fecal Strep 31673 /100m1 8 Residue: Total SW mg/1 9 Volatile 505 mg/1 10 Fixed 510 m9/1 11 Residue: Suspended 530 mg/l 12 Volatile 535 rng/I 131 Fixed 540 mg/f PH 403 units 14 Acidity to pH 4.5 436 mg/I Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/1 18 jAlkallnity to pH 4.5 410 mg/I 19 roc 680 mg/l 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: TO 32217 ug/l Chi a: Corr 32209 ug/1- Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color:(pH ) 83 ADM] Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 m9A Hardness Total900 mg/I Specific Cond. 95 uMhos/cm2 MBAS 38260 mgA Phenols 32730 ug/i Sulfate 945 mgA Sulfide 745 mg/1 NH3 as N 610 mg/I TKN as N 625 mg/1 NO2 plus NO3 as N 630 mgA P: Total as P 665 mg/1 PO4 as P 70507 mg/l P: Dissolved as P 666 mgA Cd-Cadmium 1027 u9A Cr ChromlurmTotal 1034 ugA Cu-Copper 1042 ug/1 NI -Nickel 1067 ugA Pb-Lead 1051 ugA Zn-Zinc 1092 ugA Ag-Sliver 1077 USA AI -Aluminum 1105 ug/1 Be-BeryIIium 1012 ug/1 Ca -Calcium 916 mg/I Co -Cobalt 1037 ugA Fe -Iron 1045 ugA Li-Llthium 1132 ug/1 Mg -Magnesium 927 mg/1 Mn-Manganese 1055 ug/I Na-Sodium 929 mg/I Arsenic:Total 1002 ug/I Se -Selenium 1147 ug/I Hg-Mercury 71900 ug/I Organochiorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point x Conductance at 25 C Water Temperature D.O. mg/I pH Alkalinity Acidity Air Temperature (C) PH 83 pH 4.5 pH C5 pH 8.3 2 94 10 300 1 400 to 82244 1 431 82243 182242 20 Salinity % Precipition (In/day) Cloud Cover % Wind Direction (Deg) Strom Flow Severity Turbidity Severity Wind Velocity MA1 can Stream Depth It. Stream Width ft- 480 f 45 132 36 11351 1350 j 35 64 14 D I/Revised 10/96 ` t 1 F� R N. �:-:�:, DIVISION OF ENVIRONMENTAL MANAGEMEW MAIL — 8 Chemistry Laboratory Report / Water Quality ❑W SAMPLE TYPE L,� .� t� t' /� e- f{ i J t o 1;— a t v Lab Number : Date Received: 6W749 Y39196 COUNTY SURRY RIVER BASIN: PRIORITY ❑ AMBIENT � QA ❑ STREAM r+ Li HoEFj w, Time Received: 8:45 AM Received By HMW REPORT TO WSRO Regional Office ❑ COMPLIANCE 1:3 CHAIN OF CUSTODY ❑ LAKE INFLUENT Other X❑ EMERGENCY ❑ ESTUARY Data Released COLLECTOR(5) : A. SMITH 74 Date Reported Estimated ROD Rangy. Station Location: BELOW DAIRY LAGOON ON SILVERLEAF CRK Chlorinated: Remarks: Swi..-r, Date Begin (yylmm/dd) Date End (yylmmldd) Time Begin Time End Depth - DM, DB, DBM Value Type -A, R. L Composite-T, S, B Samplc Type 96rozr2s BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L X Coliform: MF Foal 31616 < 10 1100ml Coliform: MF Total 31504 1100ml Coliform: tube Fecal 31615 1100m1 Coliform: Fetal Strep 31673 1100ml Residue: Total 500 mg/L Volatile 5o5 mg/L Fixed 510 mg/L Residue: Suspended $30 mg/L Volatile 535 mg/L. Fixed 540 mg/L pH 403 units Aj;idity to pH 4.5 436 m&II. 'tydo pH 8-3 435 mg/L inity to pH 8.3 415 m8/L Alkalinity to pH 4.5 410 mg1L TOC 680 mg/L Turbidity 76 NTU COMMENTS: Chloride 940 mg/L Chi a: Tri 32217 ug/L Chl a: Corr 32209 ug/L Pheophytin a32213 ug/L Color True 80 C.U. Color: (pH) 83 pH- C.U. Color; pH 7.6 82 c.u. Cyanide 720 mg/L Fluoride 951 mg1L Formaldehyde 71880 mg/L Grease and Oils 556 mglL Hardness Total 900 mg1L Specific Cand. 95 uMhos/an2 MBAS 38260 mg/L Phenols 32730 ug/L, Sulfate 945 m91L Sulfide 745 mg/L Bomn Coliform Total Tube '/l00 mis NH3 as N 610 mg/L, "fKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70$07 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L. Cd- Cadmium 1027 ug1L Cr-C:hromium:Total 1034 ug/L Cu-Copper 1042 ug/L Ni-Nickel 1067 ug1L Pb- Lead 1051 ug/L Zn- Zinc 1092 ug/L IV -Vanadium ug/L Ag- Silver 1077 UFA Al- Aluminum 1105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 mg/L. Co- Cobalt 1037 upjL Fe- [ran 1045 ug1L Li -Lithium 1132 ug/L Mg- Magnesium 927 mg/L Mn-Manganese 1055 ug/L Na- Sodium 929 mg/L Arsenic:ToW11002 ug/L Se- Selenium 1147 uglL Hg- Mercury 71900 ug/L on Barium ug/L Organocblorine Pesticides Organophosphoms Pesticides Acid Herbicides Base//Neutrald:Acid Extractable Organics TPH Diead Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPHIBTEX Gasoline Range Phytoplankton ,1VISION OF F1VV;RONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) S URM y COUNTY PRIORITY SAMPLE TYPE RIVER BASIN D I ❑AMBIENT ❑ ❑ EFFLUENT REPORT TO: ARO FRO MRO RRO WaRO WIR W5R0 S QA x-F STREAM AT BM ❑COMPLIANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT Other ��� OF CUSTODY �� ❑ESTUARY Shipped by: BA�Co, Statf, Oth r el`IERGENCY COLLECTOR(.S)SM, � _ �t ` �--I ; Estimated BOD Range: 0-5/5-25/25.65/40-130 or 100 plus STATION LOCATION: Q[i� tin On �++ 1VCl Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: For Lab Use ONLY Lab Number: G Date Recelved:� t ) 71me: 1C' 7 Rec'd b From: Bu ouri -Hand Del DATA ENTRY BY: CK: DATE REPORTED- Station # Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample T e Na OZ ZD 11_Zo Q I A H L I T S B C GNXX I BOD5 310 mg/I 2 COD High 340 mg/1 COD Low 335 mg/f .4 Coliform: MF Fecal 31616 /loom] 5 Coliform: MF TotaI 31504 /100ml 6 Coiiform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/1 Volatile 505 mg/1 10 ..—...,, .-%V . 11 Residue: Suspended 530 mg/] 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 pH 403 units Acidity to pH 4.5 436 mgA Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8,3 415 mg/1 . 18 Alkalinity to pH 4.5 410 mg/I 14 TOC 680 mg/l 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: Tri 32217 ug/I Chi a: Corr 32209 ug/1 Pheophytin a 32213 ug/l Color: True 80 Pt -Co Color.(pH ) 83 ADM] Color: pH 7.6 82 ADM] Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mgA Hardness Total900 mg/1 Specific Cond. 95 uMhos/cm2 MBAS 38260 mgA Phenols 32730 ug/I Sulfate 945 m9A Sulfide 745 mg/1 NH3 as N 610 mg/I TKN as N 625 mg/1 NO2 plus NO3 as N 630 m9A P: Total as P 665 mg/I PO4,as P 70507 mgA P. Dissolved as P 666 mg/I CdCadmium 1027 ugA CrChromlumTotal1034 ugA Cu-Copper 1042 USA Ni-Nickel 1067 ug/1 Pb-Lesd 1051 ugA Zn-Zinc 1092 u9/1 A fiver 1077 ug/I AI -Aluminum 1105 ug/i Be -Beryllium 1012 ug/1 Ca -Calcium 916 m9A Co -Cobalt 1037 ugA Fe -Iron 1045 ugA Li-Litbium 1132 ugA Mg -Magnesium 927 mg/l Mn-Manganese 1055 ug/I No -Sodium 929 mg/i Arsenic -Total 1002 ug/I Se -Selenium 1147 ug/l Hg-Mercury 71900 ug/l Organochlortne Pesticides Otganophosplwrus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point % Conductance at 25 C Water Temperature 00 D.O. mgA pH Alkalinity Acidity Air Temperature PH 8.3 pH 4.5 pH 4.5 pH 8.3 2 94 to 300 • 400 1• 82244 431 82243 182242 20 Salinity R Prectpition Wday) Cloud Cover % Wind Direction (Deg) Stream Flow Severky Turbidity Severity Wind Velocity M/H can Stream Depth it. Stream Width ft. 480 45 32 36 1351 1350 35 64 14 • � � x � Alm � ' � � .- ..�. .. , JyjC a 1r; r a � LE Lyr ,y, 1 ra'• .'a: ' 0 3 ^,'Fµ,,: �+' 1 r + ?rw+• 4 , :� l ju V' it � jRTi � i. $► `F ` S. k t a r4i j it f k, �f sr c { . ryANA RDO = �1 ���'� 1� �, .G��.�'.'�I� 1qr - Q�`•�M'4.J .5�I�1 1� S�M.:� 17 S # 0�9�ILL9�-Niel114 2208VD 9HI INd60:1 Z022 69L 9oc:AU ,L 93 SENT BY:336 789 5502 ; 5- 3- 2 ; 4:49PM ; THE GARDNER FIRM 3367714630;# 1 GA"NER, GARDNER, MILLS. & CAMPBELL, PLLC ATTORNEYS & COUNSELORS AT LAW W Rrainl m gavel P.T3. Ba's Ebb - Of Cow2w - Carron F. Gardaer Mount Airy, N.0 37030 ' sobs C.W. 4�grdnar, Sr. John C.W. Gardner, Jr. Hugb C. Wis. Telepbur e:.(J36) 78"503 klugb.�k CawpbolL.M Fa=Wk: (336) 7894M F bMih hbeamFbeiigsbrry.net TELECOPTER TRANSMITTAL SHEET o No toof oration of this facsimile will be sent ❑ Hard copy to follow by' first class OdWery ❑ Hard copy. to follow by. overnight -delfivery DATE: Friday, May 3,' 2002 TO: ANTTA LEVEAUX and MUJSSA ROSEBROCK FROM: HUGH B. CAMPBELL, Hi RE- DALE RADFORD TOTAL PAGES (INCLUDING THIS PAGE): 3 TIC NUMBER DIALED: 919 716 6767 AND 7714630 MESSAGE: Please we attached 0 THIS INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS PRIVILEGED AM CONFIDOMAL, IN"TL'NDED FOR THB.ADPRESSL� ONLY. W.YOU 'AU NEM- iR.THE INTENDER RECIPIENT NOR AN EMKOYEE ORAGENT RESPONSIBLEFOR-I)ELfVEMOTIUSMESSAGE TO THE INTENDED RECIPIENT, THE DISCLOSURE OF. THIS TNFO.RMATION 1N ANY WAYORTHi~,TAKING OF ANY ACTION IN RELIANCE ON THIS' INFORMATION IS STRICTLY PROWBITM. IF COPIES RECEVED ARE ILLEGIBLS, PLEASE CALL (336) 789-5502, SENT BY:336 789 5542 5- 3- 2 .; 4:SOPM THE GARDNER FIRM-, 3367714634;# 2 AP ' , • 'wS _ S;r A a lK. � .. !�"v � F 'r r1�' �',,.` �.5�' +�� to ;if Pr• . � . i " `• SAL3' • . 1 � � ' f"^i! •'� :y " aye,^ � '� in, �" '� 'ii�^h _ail _ 1 � •4 nXIOIW �'• ! 16 +'{, UL rIM! :;ry+'� � •'� 11i'iil�Ftii"? Jf *I: ,,; `-���-✓„��yyrr�. y�{ SENT BY:336 78e 5502 ; 5- 3- 2 4:51PM THE GARDNER F1RMy 3367714630;# 3 A" DAM OE KMKD LE RADF D ' The uadersigned, being first duly sworn 'depose and say as follows: 1. That I am over the iv of Is and ,competent to give this information based upon my pewnal knowledgo. .2.. ,That on May 1, 2002, I •was advised by Anita LeVcaux of the Attorney General's Office that I need to.do the follow14.4cros in order to comply with the current Court order: 1. Plug the milk parlor piped; . 2. Provide the waste analysis ibr the stockpiled solid waste, 3. Provide volume of waste to be'applied; 4. Confra the number of aclra.whem solid waste will be applied, the type of crop to which waste will be applied; and.the date when application is anticipated; S.. Pusfi itt and level the waste pond;'and 6. Conf rin that any. waste application. done lit the Commonwealth of Virginia will be done in accordance with applicable statutory and regulatory procedures. . 3. its of the date.of this affidavit; I have plugged the milk parlor pipes with concrete. 4. No later than May.6; 2902,1 will submit to the lab a sample of the stockpiled waste for . analysis, which will be liirnishal to the North Carolina Department ofSwkonment and Natural Resources upon receipt 5:. There are approxitndttly 300 tons of sludge and mud to be applied as acreage specified herein. fi: The appGcatiair of the waste will be made upon 'the farm of Bradley Dale Radford in Patrick County, Virginia. There are a*6id atety 40.2 acres of land, availefile for applica#on• The attached sift map from the AS CS nfl5ce indicates the location and acreage where the application will titke place. This land will be sown in soybean; and it is anticipated that the application of solid waste will take place within wl ',(60} days of the 'date hereof. 7.. The waie.sppiiaation will be dolts in wnfom 6a with the applicable statutory and. regulatory procodures in the Commonwealth'of Virginia. . The waste pond will be -pushed in'and leveled in accordance with the Closure Plan not later theta May 6, 2002. p, Further -this aft3ant saitb a6t• Tliis the 10 day of May, M. Roger Ule Radford Sworn to and subscribed before me this 3' day of May, 2002 MalizzAg: r1Y (SEAL) Rotary PublicHWT . . • . Hcust�' �i c+adaw .. .. • • HOY C:UUN>r R ATTORNF'Y IWNERAL State of North Carolina Department of Justice R O, Box 629 RALFIGW 27602-0629 May 15, 2002 i Mr, t`Tugh B. c4phelI C7ardner, Gardner, Mills & Campbell, PLLC P.O. Box 866 Mount Airy, North Carolina 2703.0 Rcply W. PaLftx [x:V�m Enviru mcnial Diviskm Tel: 9191716-6600 Fnx: 919/ 716--6766 VIA FACSE IILE & 1ST CLASS MAIL Re: Roger Dale Radford i Dear Mr. Campb�ll: Today I v ras informed by Ms. Melissa Radford that the sample has not been submitted for ang lysis by either Roger Radford or Bradley Radford contrary to Roger Dale I Radford's affida4t of May 12, 2002. Also, Surly Soil and Water have not yet been contested by t Mr. Radford to 4nfirm that the lagoon has been closed, i.e., soil pushed in, the site graded and I seeded. Finally, know that you resent Mr. Radford's affidavit under seal, but I did not receive a copy. Please fax copy to either 919-7166766 or 919-7166767. Please, at your earliest convenience cotm when Mir, Radford has completed the above. If you hay a any questions or concerns please feel free to call me at (919) 716-6967. I Thanking you in dvance_ ly, e " re� 16�y Assistant Attorney General 60 'd u:01 L0, S1 fiEW 99L9-9TZ-6T6: xP3 NOU33S (iWl '8 213 UM • • COVER SHEET To: Fax No: Subject: Date: pages: COMMENTS: From the desk of,. Janet D. Lamb pff ftw Deponment of Juskv P. a. Rem 629 Tel: (919) 71"948 FWL (919) 716.6766 jlouh({�ym�l,iu�,kn4.nc.u! ' Dennis Ramsey Melissa Rosenbrock Programmed Roger Dale Radford May 15, 2002 2 i FAX I Ptusuant to instructions from Anita....... The auarhW......... FYI Please call ber if you have any questions or comments. TO 'd 0£: OT z0, 91 fipw 99L9-9T�--6%. xpJ hIOLMS Mkfl '8 2191k n F WAS ;!� '9O • • Michael F. Easley, Governor �O G William G. Ross Jr., Secretary c North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. 0 Acting Director Division of Water Quality Division of Water Quality February 4, 2002 CERTIFIED MAIL 7099 3400 0006 9313 7342 RETURN RECEIPT REQUESTED Mr. Roger Dale Radford 1952 Old Orchard Loop Stuart, VA 24171 SUBJECT: Follow-up Inspection/Preliminary Injunction Case Number: 01 CVS 650 Radford Dairy #86-8 Surry County Dear Mr. Radford: On January 16, 2002, staff of the Winston-Salem Regional Office's Division of Water Quality (DWQ) performed a follow-up inspection at your facility in Surry County. Surry County Soil and Water Conservation District (SWCD) staff was also present during our visit. This letter is to notify you of deficiencies noted during our inspection as they relate to the Preliminary Injunction ordered March 26, 2001. A "Final Notes" copy of the inspection form is attached for your reference. Per the Preliminary Injunction referenced above (Page 11, #1.e.), you were to "...within 30 days of the effective date of this order, either obtain a certified animal waste management plan for the dairy farm and apply to the DWQ Central office for an individual non -discharge permit for animal operations, or submit a closure plan for the farm... which is to include a closure plan for the storage pond." To date, the Division has not received a certified animal waste management plan (CAWMP) for the dairy farm, which is to be distinguished from the closure plan, nor an application from you for an individual non -discharge permit. It should be noted that, the court -ordered closure plan was to have been submitted on or before April 26, 2001. A closure plan for the waste storage pond was submitted on your behalf by Nancy Keith (technical specialist), and received by the Winston-Salem Regional Office in September 2001. We gave you the benefit of an additional five months in which to submit the closure plan in hopes that upon our receipt of the belated submittal, you would then come into complete and full compliance of the March 2001 court order. Essentially the Division of Environment and Natural Resources (DENR), by accepting your closure plan has allowed a greater period for compliance. You now have up to and including April 1, 2002 in which to "...complete the closure of the dairy farm, including closure of the storage pond at this site in accordance with the Natural Resource Conservation Service standards for lagoon closure." This is consistent with the court's order (Page 12, #4). Waste storage pond closure is to also include an inspection by Surry SWCD and DWQ staffs to document proper solids removal. ,. aZa .0-1); R Customer Service Division of Water Quality / Water Quality Section p 1 800 658-0368 585 Waughtown Street Winston-Salem, NC 27107 60 a 1 Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: http://wq.ehnr.state.nc.us • e Radford Dairy February 4, 2002 Page 2 On the date of the January 2002 inspection, staff noted that the waste storage pond's liquid level was thirty-four (34) inches below the lowest point on the dam and that the spillway area had been widened and lowered. An earthen ramp had also been constructed from the ground up to the spillway area. It also appeared that the waste had not been agitated, nor any solids removed. Your waste storage pond closure plan states that both soybeans and fescue hay crops have been available to receive waste from the storage pond. Per our April 6, 2001 letter to you, waste application records and the plant available nitrogen (PAN) balances are to be recorded on SLUR-1 and SLUR-2 forms. These forms are used to record total annual waste applications to each field, per crop cycle, for facilities using a slurry, or pump -and -haul system. These forms also provide for calculating the total nitrogen application to each field and comparing it to the recommended nitrogen -loading rate. Appropriate forms were also provided to you at that time. Please contact our office should you need additional waste application forms. Our April 2001 letter also advised that, any fields receiving applications of animal waste should also have a soil analysis performed within the calendar year. Note also, that waste applications should be made during the time the crop can utilize the nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting. Additionally, waste samples are to be taken within 60 days of waste application. Waste and soil analysis, once obtained, should be kept for a minimum of five years. Should you have any questions or concerns regarding the information contained in this letter, please contact me at (336) 771-4600. Specific questions regarding the Preliminary Injunction should be directed through your attorney to Ms. Anita Leveaux, with the Attorney Generals Office, at (919) 716-6962. Sincerely, Larry D. Coble Water Quality Supervisor Attachment cc: DWQ Non -Discharge Compliance and Enforcement Unit Anita Leveaux — Office of the Attorney General Surry County NRCSISWCD Marlene Salyer-SWCD WSRO Gardner, Gardner & Mills GWSRO Facility_Files� Central Files . �--. -.s �. ..r '�:' �. .w'i-'FS�,�..:.+.-..-�,r�tt.�.,:.� �. ern a.• •,+t V- .J -s..-1 -7�'�r.} Fn�,V a'��ik t. .'.'.tiL. r ` �, { svtsion of.Water Quality - L r +,S .w--, r.� y s� .. .� �±('.- ^� ton of'Soil and Water Conservation • s r T ,k p ': < .a .a;3.:?,.-.� s. .Y'-, i z a����:s;��:y!., fM s- f � n r1 > ' �v.�►,r �•.'E`-.r:X. Z '."fa•e a ni s..-.`...k, i.r:.i:'� aS^'ii``�:.da,.y...�E ¢�.� 3F. 3e d araSTixr y ('•r0Other Ag`ency •G t . .- Y9z�. d-r � ♦ .SJra e. nk �'Fs `. a �' � ,�, r': '.. .-tC-�.rt � -r�` •F s q-+�. :•.i' :' Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint Q Follow up O Emergency Notification O Other ❑ Denied Access Facility Number Date of Visit: 1/IG/2({o2 Time: 13311 86 8 0 Not O erational Below Threshold Permitted E] Certified [3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ......................... County Farm Name: Radford- gala.far1u1.5................................................................................ Sttxn�'............................ I..................... WSRQ........ Owner Name: RQ&et:...................................... Radford ...................................................... Phone No: 540,,494..7114.....5..4.0.251,1355........................... MailingAddress: 19.51.01d.O1Cclwrd.Loop.................................................................$1MOX.LVA ............................................................... 241..71.............. Facility Contact:>Z.Q&tr.tiadKQrtd.............................................. Title: -•----------...............-•---•----...............-----•-•---• Phone No: 33.6,49.1,.Q.737 ....................... Onsite Representative: J OJUA........•„......••, •.... Integrator: ....................................................................................................................................... Certified Operator: XtQx le..................................................................................................... Operator Certification Number:.......................................... Location of Farm: Northeastern Surry County, 1/2 mile off State Road 103 at N.C. State Line +► Prior address was Rt 1 Box 223-A, Claudville, VA 24076 ❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 36 • 324 F 53 .a Longitude Design Current `'t:` , V `' Design" Current Design Current - `' - :tr. Swine :' Capacity' Population �.. Poultry: Capacity Po elation Cattle Ca aci Po elation ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder [:]Farrow to Finish ❑ Gilts ❑ Boars ❑ Layer ® Dairy 300 65 ❑ Non -Layer Non -Dairy x'. ❑ Other ' Total Design Capacity 300 Total SSLW 420,0oo *3.'r:$",a, "P4 '•�;'�.-rLi?S Y:4Z°'tr'fr%'»~,a.;.a�e..� ��P{fin+• Number of Lagooios ,;' f 0 ' ❑ Subsurface Drains Present ❑ Lagoon Area ❑ 5prav Feld Arca '' Holding Ponds'/ Solid Traps' 1 :r yra� ❑ No Liquid Waste Management System 'Rips'. Fitt, '� _•=' r. pischaMM & Stream ac c 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 convevance man-made? El Yes ❑ No b. If discharge is observed. did it reach Water of the State'? (If yes. notify DWQ) ❑Yes ❑ No c. If discharE_re is observed. what is the estimated flow in Lml/min? d. Does discharge bypass a lagoon system? (If yes. notify DN Q) 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No ❑ Yes X No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes g No Structure I Structure 2 Structure 3 Structure -f Structure j; Stru,tUrc 6 Identifier: ...... as te.P and- .... ................................... .......... ........................... ................................... .................................... ................................... Freeboard {inches): 34 05103101 Continued 0 Ar ■ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signet e XAyent rl ng�ed ❑ Addressee B. ,Rf ceived by (Pr- ted Name) C. t7'te of slivery �i�jn-r�rt.,�n a D. Is delivery address different from item 1?1 ❑ Yes If YES, enter delivery address below:A1Q Mr Rog&Dale Radford ! I + 1952 Old Orchard Loop 3. Service Type Stuart VA 24171 .Certified Mail ❑ Express Mail ❑ Registered 1%Qeturn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (transfer from service tab efi 3&p p pdG 2313 % 3 S� 1 ZiV PO PS Form 3811, August 2001 Domestic Return Receipt 102595.01-M-25091 . p" Facility Number: 86-8 Date of Inspection 1 1/16/2002 .5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through it waste management or closure plan? ❑Yes ®No (If any of questions 4=6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ® Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No 12. Crop type Corn (Silage & Grain) Pasture 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ® No b) Does the facility need a wettable acre determination? ❑ Yes ® No c) This facility is pended for a wettable acre determination? ❑ Yes ® No 15. Does the receiving crop need improvement? 16, Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. FaiI to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes IN No [:]Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No [:]Yes ❑ No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No 10 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit r 0 `I ❑ Field Copy ® Final Notes 7. If waste storage pond were to continue to be used, burrow holes would need to be repaired and waste storage pond re -graded and sloped. 9. and 13. Facility has not been certified. 15. The only receiving crop available at this time is pasture. 17. Facility has not been issued a Certificate of Coverage (COC) or animal waste permit. I8. Facility has a closure plan, written by Nancy Keith, for the waste storage structure. Per Nancy Keith, the closure plan was written my 16, 2001 and submitted on behalf of Mr. Radford to DWQ in September 2001. To date, no Certified Animal Waste Management Plan (CAWMP) has been submitted for the cattle facility. . .. .......• —ate.' , . — -^ ' :z':-r. r'r.,ae+a—r:•.�: �,..._ . _. , Reviewer/Inspector Name Melissa Rosebrock- Reviewer/Inspector Signatu re 44L ;� f ZA 4 . /' Date: 05103101 Continued { Facility Number_ 86.--8 Df Inspection 1/16/2002 QLcLor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below ❑ Yes ❑ No liquid Ievel of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.b. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) - ❑ Yes ® No 3I. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No 9. Inspection was un-announced, operator was not onsite to provide records. 1. Certified operator not required at this time. 3. Operator was not notified of inspection prior to arrival. A field copy of the completed inspection form was left onsite in the vater pump house. 4. Due to history of high freeboard and overflows, this facility needs to be followed -up at least annually. *25. Certified' Animal Waste Management Plan (CAWMP) has not be obtained for this facility nor has the waste storage pond losed out per the Preliminary injunction dated 3/26/01. DWQ and/or Sung SWCD staff must inspect waste pond before dam is gushed in on the waste storage pond. :6., 29., 31_, and 32. Questions not applicable to this facility at this time. 0. No ventilation fans in use. Operation appears to be pasture/feed]ot for replacement heifers. 05103101 1� N fvlichaei F. Easley Governor CERTIFIED MAIL 7099 3401) 0006 9313 7168 RETURN RECEIPT REQUESTED Mr. Roger Dale Radford 1952 Old Orchard Loop Stuart. VA 24171 SUBJECT: Plan to Reduce Liquid Level Radford Dairy #86-8 Surry County. , . Dear Mr. Radford: Williams G. Ross Jr., Secretary ' Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Division of Water Quality April 23, 2001 This letter is to acknowledge receipt of your third submittal of a plan to reduce the level of liquid impounded in the waste storage pond located on your farm in Surry County. Division of Water Quality staff has reviewed your most recent submittal and found it to be satisfactory. However, we continue to have a concern regarding the timing of your waste applications to the establishment of a crop to utilize the nutrients in the animal waste. As stated in our previous letter to you (4/6/01), waste applications should be made during the time the crop can utilize the nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting. Your response to our office states that you are planning to plant soybeans between May 2 and May 31, 2001. While this may be the most opportune time for planting soybeans, you may need to move the planting date back in some instances in order to ensure meeting the 30-day deadline stated above. Please note also, that your submittals to the Division of Water Quality dated March 28 and 29 and April 11, 2001 are not the Certified Animal Waste Management Plan. Should you have any questions or concerns regarding the information contained in this letter, please contact me at (336) 771-4600. Sincerely, Melissa Rosebrock Environmental Specialist cc: DWQ Non -Discharge Compliance and Enforcement Unit Mary Dee Carraway — Office of the Attorney General Surry County NRCS/SWCD Nancy Keith -NC Cooperative Extension Service Marlene Salyer-SWCD WSRO Rocky Durham-SWCD MRO Gardner, Gardner & Mills � OFacility File Central Files ,4CDENn Customer Service Division of Water Quality Water Quality Se.-tion 1 800 858-0368 585 Wauahtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: htip://wq.ehnr.stale.nc.us -7 V-- � � % p';b r E d SENDER: c I also wish to receive the follow- rn ❑ Complete'dema 1 and/or 2 for additional services. Ing services (for an extra fee): , Complete items 34a,,,,and 4b. - H ❑ Print your narge and address on the reverse of this form so that we can return this ai ' acard to you. - form front back does 1. ❑ Addressee's Address CU ; m 0 Attach this to the of the mailpiece, or on the if space not permit. 2• El. -Restricted Delivery G ❑ Write `Return Receipt Requested' on the maitpiece below the article number. O The Return Receipt will show to whom the article was delivered and the date o p delivered. 8 , m 3. Article Addressed to: 4a, Article Number d coc a o '�,!1.r "� ;er Dale R:, ?ford 4b. Service Type m , ❑ Registered ertified 1952 CId Orchard Loop Insured E w ❑ Express Mail ip Stuart VA 24171 Return Receipt for Merchandise ❑COD I 0 7.. Dale of Deliv 5 e' By: (Pri eJ . Addressee's Address (Only if requested and e E LU fee is paid) 10 o0ddres a orAg nt) S Nf PS Form 3811, December 1994 102595-99-B-=3 Domestic Return Receipt WATER & LAND SECTION •ax:919-716-6766 Apr 24 '0. GARDN!.R, GARDNER&N ILLS I D :336�-789-5506 P APR 23101 9 17 :00 No . 005 P .01 GARDNER, GARDNER & MILLS ATTORNVYS & CODNSELDRti AT LAW 304 Frsaldln S#real P.O, Not 866 .. Of Canusel - 00rrou IF. Gardmv Mount Airy, N. C 27030 ,1oka C.W. Gardner, Sr. Jahn C,W. Gardner, Jr. map C Mln9 Talephcov (336) 789-5302 Rush & CamP . III Irmcalmile: (136) 769.M &Ma41: ubcampb�urrysct April 23, 2001 s 7vMm y Deis Conaway Assistant Attomey General VIA FAX ONLY 919 716-6766 Page 1 of S RE: Roger Dale Radford Preliminary injunction Dear Ms. Carraway. Thank you for taking time to pppak with me today Concerning Mr. Radford's case, As we diacusacd, Mr. Radford tolls me that he has complied with all of the requirements fbr on -site (`+ remediation Specif3calty, he hits: reduced the lagoon level and obtained more than 12 inch as of freeboard; completed the repairs to the concrete herms; complejod the repairs to the pud"ff v 1 ramp; filled in the diversion ditches; and repaired the, animal burrows located in the dike wall. p At this point, Mr. Radford has not fuliillod requitoment 'l (a) in the Prelitninuy Injunction that he "obtain, a certified animal waste management plan fbr the dairy and apply to the DWQ Central OfXicn far an individual non -discharge permit for w4mal.operations,.," nth respect to the Animal Waste Management Plan, he has attempted to comply in good Gi5 n Q faith and has, In ihct, submitted an Animal Waste Management Plan and an Amended Waste ..�. Managenvat Plan, The Amended Plan was submitted vn April.l4, 2001, Unt4rturtate1y he was aS+e. "��`}' not aware that a Plan must be prepared by it Technical SpeuWl'st, Since learning this fact, Mr. plan e vn b Radford has boon working with Richard Lverhart, aild anticipates filing another Amwuled Waste Management Platt in the hoar future with assistance and input firm Mr. Everhart. However, as 5� n� � you will see from the attached, Mr, Everhart was not aide to complete WS Gertifloazion in time for U� Mr, Radford to comply with the timeline eontained in the Prehrhiaary Injunction. -� 2e 5 � IQ1 61 Finally, Mr. Radford has obtained the application fbr the DWQ lmlivsdual Nan-Disoharyo Permit, but lacks two fteMs necessary to submit a complute applicstlom First, as you will sao i'e ul from the attached letter, his surveyor is unavailable until ]aria 9, 2001, N1r. Radford is under the Impression that he must submit a survey with the application. Seoond, it is my understanding that to 5 ll r VeImo', Radford will be regblrcd io inku a ulasa to bcWrnO s "C.artinod Applicator," and at this point he has not takell t11e class, although we arc working with the Exteltsion Office to enroll him in the Ivor ri?8ulttg .text, available session. +o de s I` n`-+e- Q eer4jj o,pexaAa tr u nj- V1, 4 p. i 5 r�vs, �e..h 4a be. cer+;.�4-� l one Qs � d es i6 na:kv S SorAe-one &,) ho I . e . WATER & LAND SECTION ax:919-716-6766 GARDNER,GRUNER&MILLS ID:336-789-5506 Rpr 24 'f 9:55 P.03 APR 23'01 1'1:00 No.005 P.02 Based on the fact tltat Mr. Radford has worked diligentiy and in good fitb to omply with the term of the Preliminary Injunction and appears to have abated the threat of an imminent discharge ftm the storage pond, I intend to seek an enlargenicnt of time fbr him to comply with the permitting requirements. I anticipate that given a 60 day extension, Mr. Radford will be in i position to (i) work with Mr. Everhart to finalize the Waeto Management plan, eai obtain tho ' survey; (iii) take the class to become a Certified Applicator, if required; and fiv) take all other i steps necessary to be in complliwe with the holiminary Inunction, W5 ao In my view, the request for an extension of time is reasonable under the circumstances, (�OtS 1 and I hope that we can obtain your consant to our Motion. Pledse let me know your position. Thank you for your kind cooperation and asoistmee. {rlfi 17�1. Yours very. truly, CARDNEK, HBCI Enclosure ac! Client & MILLS WATER & LAND SECTION4kax:919-716-6766 Apr 24 I 9.55 P.04 GARDNI::R,GARDNER$MILLS ID:336-789-5506 APR 26'U1 it:Ul Mu.UUb r.Ua VCC. Pbfi Wagoner, PLS Profoosio�nal I.� Surveyor P.Ot 1W 986 Mount A'irrYy�, Niorth Carolim 27030ephone (336) 7tfr, -1485 FAX (336) 786 - 5263 '. a-taeil cpw�etttry ttet � t'a,Rultlrp.8swdq a�i . �Q+p>de Id.pphy�- �� A sM6p�t Crr� .OA�Liotr�t8.ry� . clad tl�nnWp tr ��n April 18, 2001 Mr. CalToll 11. Gttrancr, Esq. Gw-dacr, 0ardncr & Mills Attorneys at I.aw P.O. Box 866 Mount Aiiy, NC 2703U Rc: Roger Dale Radford, Facility # 8" Dow Mr, Ourdnor, 1 received a lulephone call ftuIn Mr. Radford late last wtmk concerning his dairy facility on NC IIwy 103, >+mt Pino Street. I was out of the ofl:tw at that time and we caoll inade a number or call~ to the other until we tallied late ycstorduy afternoon, (luring That corlvcrsatioll, Mr. Radford asked me to prepare a survey and the assrviated mane needed an part of an application to T)111NR, Division of Walor Quality, i told Mr. Rudford'that I could prepuce the malls that he needed, but that I would need lt) dctormine the scone of tiro mopping requirod, and we weed that I would nerd to comm you and discuss lhc• aliiicipatcd time table. In rovicwfng ilic permit application that You kindly faxed to me this aftrnoon, i aan see that a >>uiltncl- of itcma will nood to be addressod by me. 1rcn1 # 3.2 may tic a survey imue if it exists. Ttcm 4.1 ►nay be a survey issue, and Item 4.2 is a survey Issue iftre Mr. Kedford will need same tftr,e to draw down the lagoon in ortler for us to measure the otoragc volume, items 4.3 & 4.4 Gould be survey issues if they oxist, ltomN 4,5 and :h.6 the survey issues and i can al8o pre>vido the Topographic map dowments required M Suction 6 that we tied to these two itcma. Item 5.3 apwrs to be the base map required for the permit, and is a survey issue. Item 5.2 will require a certift latinn of the existence, or rx)n existence, ol'all the items in the list. I may not have included every item that is a survey imue, but a closer study of the fa6hty will determine what is nodded. Given my current workload turd other projects that I have already sclieduled, I antieil)ate the 10flowing time schedule for Mr.'Radford's project: 1. Regin the survey Bold laaaTions on or Tout May 30, 2001 2. Complete and deliver to you the Inap(s) for the parmit on or before June 8, 2001 Orw- the taap regulrcd In Section (i 15 9UbMiticd to Water ,Quality, the Ulm', for thunl to rcigol i is riot under our comrol. 1 will complctu my work while waiting for 'Water Quality to respond, 'I 'k.. - DATER & LAND SECTION 4ax:919-716-6766 Apr 2A ' 0 9:55 P.05 GARDNIµR,GARDNER&MILLS ID:336-789-5506 APR 161u1 1r;U1 No.uuD r.V4 Mr. Radford and 1 did not discuss 41'ce for the project, and , at this time, can only gums of the amount of field and office timo that will be required, In tho past; with other projects altnilat to thin, I have found it generally more dilrcult to negotIntc with the DEKNR ofcials on fiome survey issues when a survey is being perl'anned for an owner under pressurc from the Siam. I will endeavor to be ns wonomical uL possible,'but the pruciuvt nueds to be in 4 form accepwblc to DRUNR when first submitted witli The upplicadnn. 'blank you again for tho copy of the applie;utlott, Alease let me know if there is any additional information you need at thin time. I anticipates that l Mll-be in communication with the offcials luundling this project in tho noar'fulurc, I will koep you and Mr. Radlord informed of any information that l receive from those officials. ' Sinccroly . i'..1fhil Wagoner Pmfcsslonal Land Surveyor i WATER & LAND SECTIOAax:919-716-6766 Apr 24 '01 9.54 P. 01 FAX T-R—ANSM Date: F n #: Pages: Q:OMMENTS: i .c. t) �J ✓r= o ISSIONRep of APR 2 ZD� �►R M ahry ��e NORTH CAROLIN• • ,�,� DEPARTMENT OF ��� ENVIRONMENT AND NCDENR NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE FAX TRANSMITTAL Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 TO: iVIarV .% , g/ArY—aweLu FAX NUMBED: 11 1, 7 r A. 6746 FROM: we'll 126 5.6b "o - - --- — - - - — — - - - DATE: 511 1 161 1 Number of pages (including cover page): COMMENTS: OW 5 nit N. 1. 1. vir y �, 1 / / I GAADNER, GA-RDNER & MILLS ATTORNEYS AND GOUIVSEr-LORS AT LAW CARROLL F. GARDNEI; 304 RELANKLIN STREET JOHN G. W. GARDNER, JR. P.O. BOX Bee xvoll G. MmIs MOUNT AIRY, N. G. 27030 HUGH B. GAMPEELL, III TEmt HONE (336i 760-5502 OF COUNSEL JOHN G. W. GAnnNER, SR. FAc9IM7tx (3361 769-6608 ggjm*advi.net N Ei�r•'J�,j�b C• De w April 11, 2001 APR 6 Z�Q' Winston . Reg�oRaItice Larry D. Coble Water Quality Supervisor North Carolina Department of Environment and Natural Resources 585 Waughtown Street Winston-Salem, North Carolina. 27107 Re: Roger Dale Radford / Facility # 86-8 Dear Mr. Coble: Faxed herewith and mailed by certified mail is the Amended Waste Management Plan of Mr. Roger Dale Radford which he and I trust now meets your approval. A copy has been faxed to Ms. Carraway. Yours very truly, aarrolltF�.j—ardne(P CFG/ng Enclosure AMENDED WASTE MANAGEMENT PLAN To: STATE OF NORTH CAROLINA Department of Environment and Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, North Carolina 27107 Facsimile # 771-4631 Submitted by: Roger Dale Radford 1952 Old Orchard Loop Stuart, Virginia 24171 Facility # 86-8 N.C. Dept APR 16 2001 ` Relnst4n The undersigned, Roger Dale Radford, owner of Facility # 86-8, as requested, submits by way of amendment and clarification and in conformity to specific inquiry, an amendment to the Waste Management Plan to reflect the following information and further plan in execution of the original Waste Management Plan dated March 29, 2001: 1. CIarification and Amendment with respect to Field Usage: Field # 1: 15.86 acres. Ten -acres are sowed each year in soybeans, year 2000 and year 2001, no -till. Soybeans are drilled into the land. The 5.86-acre tract is kept in grass sod, years 2000 and year 2001, and is not cultivated. it is hay land fescue to be mowed. The 5.86-acres in grass is in "Strips" between areas planted in soybeans. Field # 2: Two tracts, 14.93 acres and 5.74 acres. The 14.93-acre tract is committed to soybeans, as well as the 5.74-acre tract, year 2000 and year 2001. The field usage does not .involve tillage. Soybeans are drilled into the land and will be planted between May 2 and May 31st. Page 2 Field # 4: 33.59 acres (total), Farm # T25430) Refer to attached map of farm. All except five acres of this tract is committed to soybeans. - This same field was sowed in soybeans in 2000, and will be again planted in soybeans year 2001. There will be no -till of the land. Soybeans will be drilled between May 2 and May 31. The remaining five acres committed to corn - also grown here in 2000, will be planted between April 20 and May 20. There will be no till of this tract. Field #4: A 4.77 acre tract is committed to grass for year 2000 and year 2001 These fields are mowed. 2. Areas Protected Against Liquid Waste: No liquid waste will be spread with twenty- five (25) feet of any stream (Silverleaf Creed). All application fields are beyond 25 feet of any waterway. 3. Soil Samples: All fields on which liquid waste is to be spread shall have samples taken prior to application an forwarded to State laboratories for analysis as directed by an Extension Agent or DWQ. Likewise manure samples from the lagoon will be forwarded to the State laboratories for analysis in like manner. 4. Samples of liquid waster are to be furnished to a laboratory for analysis to confirm the waste contains less than 20 pounds of nitrogen per 1,000 gallons. A lab report will be furnished immediately upon receipt. Samples will be shipped to the laboratory (private lab. - Richmond, Virginia) by April 13, 2001. A turnaround time of 3 - 4 business days is assured. 5. Attached is a better quality aerial photo of the applicant's farm outlined in yellow. This Amended Waste Management Plan is submitted by facsimile transmission and by certified mail -RESPECTFULLY SUBMITTED this the 5 y of Apr' 2001Z�_ 42 Mier Dale-Ragord 1952 Old Orc and Loop Stuart, Virginia 24171 i Page 3 Sworn to and subscribed this the 11 day of April, 2001. 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Stevens Division of Water Quality Division of Water Quality April 6, 2001 CERTIFIED MAIL 7099 3400 0006 9313 7199 RETURN RECEIPT REOUESTED Mr. Rober Dale Radford 1952 Old Orchard Loop Stuart, VA 24171 SUBJECT: Additional Information Request Plan to Reduce Liquid Level Radford Dairy #86-8 Surry County Dear Mr. Radford: Per the Preliminary Injunction dated March 26, 2001, you are to submit to this office, "...a plan outlining how the level of the liquid impounded in the storage pond will be reduced so that a minimum of 12 inches of freeboard is attained within 30 days of approval of the plan. Further, the plan is to outline how you will maintain a minimum of 12 inches of freeboard in the storage pond at all times. This letter is to acknowledge receipt of your second submittal of a plan to reduce the level of liquid impounded in the waste storage pond located on your farm in Surry County. Division of Water Quality staff have reviewed the submittal and noted several items that need further clarification prior to approval of your plan: 1. Is the corn to be conventional or no -till? 2. When is the corn crop to be planted? 3. Is the corn to be grown for silage or grain? 4. When are the soybeans to be planted? 5. Is the "grass" crop stated in the submittal to be pasture or hay? Fescue or orchardgrass? 6. Are vegetated buffered areas established around the application fields that are adjacent to waterways? What is the buffered area in feet? Note that buffers around application fields are to be at least 25 feet. - - 7. You -stated that your waste contains less than 20 pounds of nitrogen per 1,000 gallons. Please submit documentation to support this statement. 8. The maps supplied with your submittal are not acceptable. Please provide a more readable map(s), with the fields/tracts, barns, etc. clearly labeled. NCDENR Customer Service Division of Water Quality / Water Quality Section 1 800 858-0368 585 Wauahtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: http://wq.ehnr.state.nc.us • • Radford Dairy April 6, 2001 Page 2 Please note that, to obtain a Certified Animal Waste Management Plan (CAWMP) for Surry County, it is our understanding that all crops are to be no -tilled since the soils erode at greater than five tons per acre in Surry County. You should contact a technical specialist for specific guidance and assistance regarding the development of the CAWMP. A list of technical specialists that are certified to write a CAWMP may be obtained by calling Vernon Cox at (919) 715-6109. Your submittal to the Division of Water Quality on March 29, 2001 is not the CAWMP. Waste application records and the plant available nitrogen (PAN) balances need to be recorded on SLUR-1 and SLUR-2 forms. These forms are used to record total annual waste applications to each field, per crop cycle, for facilities using a slurry, or pump -and -haul system. These forms also provide for calculating the total nitrogen application to each field and comparing it to the recommended nitrogen -loading rate. We have enclosed the appropriate forms for your use. These forms also may be photocopied if additional pages are necessary. Per the CAWMP, any fields receiving applications of animal waste should also have a soil analysis performed within the calendar year. Note also, that waste applications should be made during the time the crop can utilize the nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting. Additionally, waste samples are to be taken within 60 days of waste application. Please note that waste and soil analysis, once obtained, should be kept for a minimum of five years. Should you choose to continue your cattle operation, and apply for an individual non - discharge permit, a certified animal waste applicator must be designated if the permit is issued. You may call the DWQ Training and Certification Group at (919) 733-0026 for a list of operators currently certified for cattle animal waste applications. You may also contact the Training and Certification Group or Ms. Nancy Keith with the NC Cooperative Extension Service at (336) 679-2061 for a list of certification training opportunities in North Carolina. In response to your March 29, 2001 letter regarding de -population: if this becomes necessary, it would be the operator's responsibility to remove cattle from the premises. Per the Preliminary Injunction (pages 11-12), a closure plan for the waste storage pond must then be submitted within 30 days and the waste storage pond closed -out within six months according to Natural Resource Conservation Service standards. Per the Injunction, you would also be required to wind down all dairy operations at the farm. Should you have specific questions regarding the Preliminary Injunction, your -attorney may contact Ms. Mary Dee Carraway, with the Attorney" Generals Office, at (919) 716-6967. • Radford Dairy April 6, 2001 Page 3 Should you have any questions or concerns regarding the information contained in this letter, please contact me at (336) 771-4600. Sincerely, Melissa Rosebrock Environmental Specialist Attachments cc: DWQ Non -Discharge Compliance and Enforcement Unit Mary Dee Carraway — Office of the Attorney General Surry County NRCS/SWCD Nancy Keith -NC Cooperative Extension Service Marlene Salyer-SWCD WSRO Rocky Durham-SWCD MRO Gardner, Gardner & Mills V0SR0-Eacility-FilZ s) Central Files NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE A_� ivwA, NCDENR FAX TRANSMITTAL Division of Water.Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 TO: FAX NUMBER: .33 7 F ! S S-6 FROM: b 0 l — . DATE: d ! Number of pages (including cover page): COMMENTS: •GAB, WBR, GAEDNEI3 & Mr•• ATTORNIrs AND COUW5 .MORS AT LAW GAuaoLL F. GAsnxsa 304 Fa� STREET OF COUNT JOHN C. W. GARnNER, JR. P.O. Box 868 JOHN G. W. GARnNEa, SR. Huox C. Ma[s MOUNT AIRY, N. C. 27030 HUGH B. GAMP=.,, 1H TELEPHONE 13391 7ao-a5o2 FACSIMUZ S3361 780-580e ' RECEIVED ggjm®advi.net N.V. Dept. of EHNR March 29, 2001 MAR 3 0 2001 M ��� Winston-Salem ASSIGNED TO regional Office DUE DATE Larry D. Coble Water Quality Supervisor North Carolina Department of Environment and Natural Resources 585 Waughtown Street Winston-Salem, North Carolina 27107 Re: Roger Dale Radford / Facility # 86-8 Dear Mr. Coble: Faxed herewith and mailed today by certified mail is the Waste Management Plan of Mr. Roger Dale Radford which he and I trust should meet your approval. A copy has been faxed to Ms. Carraway. Mr. Radford is mindful that you have advised him that he or his son should enroll in a course to become a certified applicator. No such course has been offered in this area. If you insist the he employ the services of a certified applicator until such time as he or his son or themselves become certified applicators, Mr. Radford should be advised accordingly and he will immediately comply. Of necessity, he will be working with, and perhaps worrying, the local people with the Soil and Water Conservation Service, in an effort to obtain assistance, monetary and otherwise, in order to comply with the additional requirements of the Preliminary Injunction. He will be prepared, if necessary, to move without any additional financial assistance from the Soil and Water Conservation Service to refurbish or refashion the lagoon in order to satisfy all parties concerned. As a last option, he will need to have you, or an appropriate agency, provide him with the requirements for the de -population of his farm in the event he cannot fully comply with all of the conditions of the Preliminary Injunction, to which he has assented, and if it becomes necessary for Mr. Radford to de -populate his farm it is his intent and purpose to convert to a beef cattle operation which will eliminate the necessity for lagoon. Mr. Larry D. Coble March 29, 2001 Page 2 To the extent you can accommodate this gentlemen, such is requested. Please notify him at the earliest opportunity that the Waste Management Plan that he submitted satisfies your expectations and requirements. Yours very truly, CFG/ng Attachments xc: Mary Dee Carraway Mmelissa Rosebrock✓ WASTE MANAGEMENT PLAN To: STATE OF NORTH CAROLINA Department of Environment and Natural Resources Division.of Water Quality 585 Waughtown Street Winston-Salem, North Carolina 27107 Facsimile # 771-4631 Submitted by: Roger Dale Radford 1952 Old Orchard Loop Stuart, Virginia 24171 Facility # 86-8 The undersigned, Roger Dale Radford, owner of Facility # 86-8, in conformity to the Preliminary Injunction issued by the Court dated March 26, 2001, at 12:50 PM (by Judge J. D. DeRamus, Jr.), File # 01 CVS 650, Surry County Superior Court, North Carolina, PLANS to establish a minimum of 12" of freeboard, reduce the level of liquid impounded in the storage pond, to be attained within thirty (30) days of the approval of the Plan by the Division of Water Quality. Additionally, the undersigned will maintain a minimum of 12" of freeboard in its storage pond at all time. The level of the liquid impounded in the storage pond will be lowered by using a Case tractor, a Badger manure pump, (the PTO shaft is repaired and operational) and by using a 3350 gallon spray -type Calumet tanker truck. Attached to this Waste Management Plan is an aerial photo of the farm of the undersigned. The liquid impounded in the storage pond will be spread on four (4) different fields: Field # 1: Two tracts, 10 acres and 6 acres. The 10-acre tract is sowed each year in soybeans, year 2000 and year 2001. The 6-acre tract is kept in grass sod, years 2000 and year 2001. Page 2 20,000 gallons of the liquid impounded in the storage pond can be sprayed on the 10-acre tract; 12,000 gallons will be sprayed on the 6-acre tract. 2001. Field # 2: Two tracts, 10 acres and 4 acres. The 10-acre tract is committed to soybeans, as well as the 4-acre tract, year 2000 and year 20,000 gallons of the liquid impounded in the storage pond will be sprayed on the 10-acre tract; and 8,000 gallons of the liquid impounded in the storage pond will be sprayed on the 4-acre tract. Field # 3: Five tracts, a 5-acre tract committed to soybeans, year 2000 and year 2001. a 4-acre tract committed to soybean, year 2000 and year 2001; a 12 acre tract committed to soybeans, year 2000 and year 2001; a 5 acre tract committed to corn, year 2000 and year 2001; and a 10-acre tract kept in grass sod, year 2000 and year 2001. 10,000 gallons of the liquid impounded in the storage pond will be sprayed on the 5-acre tract; 8,000 gallons of liquid impounded in the storage pond will be sprayed on the 4-acre tract; 24,000 gallons of liquid impounded in the storage pond will be sprayed on the 12-acre tract; 10,000 gallons of liquid impounded in the storage pond will be sprayed on the 5-acre tract (corn); and 20,000 gallons of liquid impounded in the storage pond will be sprayed on the 10-acre tract (grass). Field # 4: Four acres - committed to grass for year 2000 and year 2001 and 8,000 gallons of the liquid impounded in the storage pond will be sprayed on this 4-acre tract. The amount of Nitrogen contained in the liquid spraying is substantially lower than the Page 3 amount recommended by the Soil and Water Conservation Office as safe. The amount of Nitrogen per 1,000 gallons of liquid storage is approximately twenty (20) pounds. This is a figure supplied to the undersigned by the Surry County Office of Soil Conservation. The undersigned further states: • Dependability of Equipment: The undersigned commits to keeping all equipment operational at all times and should the equipment, for any reason, not be operational, the undersigned commits himself to employ a certified applicator to remove excess storage. • Within 24 hours of the approval of this Plan, the undersigned commits himself to begin to implement the Lagoon Level Reduction Plan. • The undersigned shall obtain a minimum of 12" of freeboard within thirty (30) days of the initiation of the Plan following approval. • The undersigned shall initiate and complete repair of the concrete berms, one located near the concrete push off ramp and the other located near the entrance to the freestall barn. Within thirty (30) days of the effective date of the Court's Order, March 26, 2001. • Within thirty days of the effective date of the Court's Order, March 26, 2001, the undersigned will initiate and complete repair and stabilization of the concrete push -off ramp located at the edge of the storage pond which is behind the milking parlor. • Within thirty (30) days of the effective date of the Court's Order, March 26, 2001, the undersigned will apply for and obtain a certified animal waste management plan for the dairy farm and apply to the Division of Water Quality Central Office for an individual non -discharge permit for animal operations. • Within thirty (30) days of the effective date of the Court's Order, March 26, 2001, the undersigned will fill the diversion ditch running parallel between the storage pond and Silverleaf Creek and repair the two animal burrow holes located in the dike wall. 0 • Page 4 In anticipation of the need to immediately reduce the level of liquid impounded to avoid possible runoff into Silverleaf Creek, the undersigned has removed a substantial. amount of liquid from the lagoon and has sprayed this on fields on his farm. The liquid level is now safely below 12". This Waste Management Plan is submitted by facsimile transmission and by certified mail RESPECTFULLY SUBMITTED this the 291h day of March, 2001. e � 4� "0' d.% R ger Dale Radford 1952 Old Orchard Lo Stuart, Virginia 24171 Sworn to and subscribed this the�%tll day of March, 2001. Notary Putdid My Commission expires: Z--I (SEAL) NANCY GORDON Notary Public Surry County, North Carolina copy to: Mary Dee Carraway, Assistant Attorney General (Facsimile # 919-716-6766) . v v�. i •+ 4 it 14, rr e. S t by �' •'•. li NP ",~;_ 1.- 4 ! t• '/t[:s ��r n>Ri' r t?.`,t�' ' 1 w lav ,•. : J 1� ', 1 '• . i L��4M•n •gyp. i� �' �/r�, I'V 7}''.te 1'V. �., 1':.'',:� � - [.�J �r Y�: �l.r 'l'.:' .., •J � �rG . • "�' ,ram ., + s i jN,. 9 ��.. 1 . L yi Y ` !� .fir ,, :�;•"`;':t. �'�, '• � � � 1'' ;,, ', it y .�:--, a _ �1 '.� - , .., :1•,( i��-'y .. �, - - •,fir: i," fi , .nr. l�•1 , t'i' '�'t� v� � hT�fv `. `\�`� }1 ` .-.� JrST'•irf� 4 � 4•j 1 r v% M1 .. ' off' •� �i 11 �`a' �r,. .l , �, �c.• , ,? 1 a��1�i �- i t ''14r f .r' tit �rT•`, ') .�y .i NORTH CAROLINA• DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE FAX TRANSMITTAL Division of Water.Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 TO: FAX NUMBER: .3 FROM: ___1LyLI DATE: ?I-T'50 "? a Ir 0 NCDENR Far: (336) 771-46')0 , Number of pa6es (including cover page): April 5, 2001 Mr. Dale Radford 3365 East Pine St. Mt. Airy NC 27030 Dear Mr. Radford, North Carolina Cooperative Extension Service College of Agriculture and life Sciences Yadkin County Center North Carolina Cooperative Extension Service College of Agriculture and Life Sciences PO Box 97 Yadkinville NC 27055 336-679-2061 This letter is in reply to our phone conversation on Wednesday, April 4, 2001, You indicated that you are working to get a certified animal waste management plan and trying to meet deadlines issued by the Court within the next three weeks. I need to make a few important points reference to our conversation: I, You are required to have an approved acid certified waste management plan which must be written by a certifiea technical specialist. The plan that you faxed to me as I understand is your 72 hour response to Division of Water Quality as to how you would establish a 12 inch freeboard: If the attorney or other individual who prepared the plan is not a certified technical specialist, the plan is not valid for to be certified. The plan is only to be used as a temporary plan. II. You will also have to take a ten(10) hour certification training for operators of animal waste management systems. At the present time there is no training scheduled that would fit the three week time frame that you have. III. After completing the training you must pass an examination administered by the Water Pollution Control System Operators Certification Commission. There is not another test scheduled until June 14, 2001. IV. Back to the plan: A certified waste management plan requires many items. These items include: - a waste utilization plan which must include the" amount 'of plant available nitrogen produced and utilized on the farm = 'method of application of •waste' ' -'documentation of lagoon/storage pond capacity (design, calculations, etc.) - maps of all fields used for land application -'soil series present on every land application field - crops grown on every land application field - the Realistic Yield Expectation (RYE) for every crop shown in the waste utilization plan Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability, North Carolina State University, North Carolina A&TState University, U.S. Department of Agriculture, and local governments cooperating Page Two - the Plant Available Nitrogen (PAN) applied to every land application field - the application windows for every crop utilized in the WUP - the required NRCS standard specifications (attached) - a site schematic - Emergency Action Plan - Insect, Odor and Mortality control checklist with best management practices noted - Operation and Maintenance Plan V. The entire waste management plan must be submitted to DWQ in Raleigh where they go through it, determining whether all required information is included. This process could take three weeks and it could take six months. VI. In addition, I indicated that you will need to get soil samples on all fields where waste will be applied (turn around time is approximately 3.5 weeks) as well as a waste sample. You indicated you are required to have waste pumped down so that you have 12 inches of freeboard immediately. Waste must be applied to an actively growing crop or on a field where there will be a crop planted within 30 days. You cannot apply animal waste within 25 feet of perennial streams and 100 feet from wells. You also need to maintain a 200 feet buffer ("good neighbor") from any homes or other buildings frequented by people. f.91x�llll�i:[���I You stated in our phone conversation that you would like for me to come out to the farm and see what you need to complete to be certified. Senate Bill 1217 states that certain violations are immediately reportable to the Division of Water Quality. The reporting requirement applies to any employee of a state agency (of which I am a part) or a unit of local government. The bill requires any state or local government employee who is "lawfully on the premises and engaged in activities relating to the animal operation" to immediately report the following violations: - Any direct discharge of animal waste into the waters of the state - Any deterioration or leak in a lagoon system that poses an immediate threat to the environment - Failure to maintain adequate storage capacity in the waste structure - Over application of animal waste in excess of waste management plan or where runoff enters waters of the state - Any discharge that bypasses a collection system. Inspection reports from the Division of Water Quality dated 03/22/2001 indicate that there was evidence of dead animals visible on the farm. A part of the plan is to have a mortality plan and that it must be followed. Not only can this cause water quality problems but could lead to further herd health problems. The pasture areas(loafing lots) need to have adequate vegetation on them so that runoff of contaminated sediment cannot Page Three enter the surface waters of the state. Current regulations require that dirt lots be located at least 100 feet away from perennial streams and have permanently vegetated buffer. You may consider using rotational grazing, grassed loafing lots so that the area can be rotated continuously so as not to cause very denuded areas. For these reasons and also because of our directives in reference to Foot -and -Mouth Disease potential, it would be best that I meet with you at the Surry County Extension Office. I estimate that it will take at least a week.to get your paper work complete on the waste plan, once you have all the necessary information as per this letter. I can be contacted at the Cooperative Extension, Yadkin County Center at (336)679-2061 for further assistance. Sinc rely, Nancy . Keith Area Specialized Agent, Dairy NWKJgm Yadkin County cc: Jack Loudermilk, CED Yadkin County Brenda Rose, CED Surry County WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to the assessment of civil penalties of up to $10,000 per day per violation by the Division of Water Quality for every day the discharge continues. 2. Follow the waste utilization plan on land that has been described in the plan for receiving animal waste application. 3. Animal waste shall be applied to meet , but not exceed the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management unless there are regulations that restrict the rate of application for other nutrients. Actual yields may be used in lieu of realistic yield tables at discretion of the planner. 4. Animal waste shall be applied on land eroding at less than five tons per acre per year. Waste may be applied on land that is eroding at five or more tons but less than ten tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See NRCS Field Office Technical Guide Standard 393--Filter Strips) 5. Animal waste shall not be applied to saturated soils, during rainfall events, or when soil surface is frozen. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast, provided the application does not occur during a season prone to flooding. 6. Wastes shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 7. Animal waste shall not be applied closer than 25 feet to surface water. 8. Animal waste shall not be applied closer than 100 feet to wells. 9. Animal waste shall not be applied closer than 200 feet to dwellings other . than those owned by the landowner. 10. Waste shall be applied in a manner not to reach other property and public rights -of -way. 11. Animal waste applied on grassed waterways shall be at agronomic rates and in a manner that causes no runoff or drift from the site. Animal waste shall not be applied on grassed waterways which discharge directly into water courses. 12. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excess levels. 13. Soil test and waste analysis records shall be kept for five years. 14. Liquid waste shall be applied at rates not to exceed soil infiltration rates. No ponding shall occur. 15. A highly visible marker shall be installed to mark the maximum storage volume for waste storage ponds. For waste treatment lagoons, highly visible permanent markers shall be installed to mark the top and bottom elevations of the temporary storage. Pumping shall be managed to - maintain the liquid level between the markers. 16. Records of waste application shall be maintained to establish actual application rates. The records will include date of application, amount of waste applied per acre by tract number and field number, most recent waste analysis and soil test report, and the realistic yield expectation. (R.Y.E.) nitrogen rate. Waste application records shall be maintained for five years. 17. Reduce hayland nitrogen rate by 25 percent on grassland being grazed when applying animal waste. 18.. If animal production at the facility is to be suspended or terminated the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, and erosion. 19. Waste handling structures, piping, pumps, etc. should be inspected on a regular basis to prevent breakdowns, leaks, and spills. 20. It is the responsibility of the owner of the facility to secure an update of . the waste utilization plan when there is a change in the operation, number of animals (an increase), method of utilization, or available land. 21. Dead animals will be disposed of in a manner that .meets NC regulations. North Carolina General Statute 106-403 requires that dead animals be disposed of within 24 hours in a manner approved by the state veterinarian. 22. Insect control and odor control checklists shall be included- as well as an Emergency Action Plan. NORTH CAROLINA* DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE FAX TRANSMITTAL Division of Water. Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 TO: A'A*A NCDENR Fax: (336) 771-4630 FAX NUMBER: v 331D • •.1 g� •� 4fT27- FROM: UYL�•��1,�r�� DATE: Number of pages (including cover page):7-- • u CAr a= F. GAHbN$R JOHN G. W. GAnDNmn, JR. Huox G. MIias Huox B. GAMIPEMM, III GABDNER, GARDNER & Miii s ATTORNEYS AND COUNSELLOHS AT LAW 304 FRANxmx STREET P. O. Box Bee MOUNT A -my, N. C. 27o3o TRLEPHONE f 3381 789-5502 FAOSIMmim 43361 789-5 509 ggjm®advi.net March 29, 2001 Larry D. Coble Water Quality Supervisor North Carolina Department of Environment and Natural Resources 585 Waughtown Street Winston-Salem, North Carolina 27107 Re: Roger Dale Radford / Facility # 86-8 Dear Mr. Coble: Or, GOuNS= JOHN C. W. GA MMM, SIR, RE.CEiVED l"4.0- Dept. Ot EHN14 MAR 3 0 2001 Winston-Salem Regional Office Faxed herewith and mailed today by certified mail is the Waste Management Plan of Mr. Roger Dale Radford which he and I trust should meet your approval. A copy has been faxed to Ms, Carraway. Mr. Radford is mindful that you have advised him that he or his son should enroll in a course to become a certified applicator. No such course has been offered in this area. If you insist the he employ the services of a certified applicator until such time as he or his son or themselves become certified applicators, Mr. Radford should be advised accordingly and he will immediately comply. Of necessity, he will be working with, and perhaps worrying, the local people with the Soil and Water Conservation Service, in an effort to obtain assistance, monetary and otherwise, in order to comply with the additional requirements of the Preliminary Injunction. He will be prepared, if necessary, to move without any additional -financial assistance from the Soil and Water Conservation Service to refurbish or refashion the lagoon in order to satisfy all parties concerned. As a last option, he will need to have you, or an appropriate agency, provide him with the requirements for the de -population of his farm in the event he cannot fully comply with all of the conditions of the Preliminary Injunction, to which he has assented, and if it becomes necessary for Mr. Radford to de -populate his farm it is his intent and purpose to convert to a beef cattle operation which will eliminate the necessity for lagoon. Mr. Larry D. Coble March 29, 2001 Page 2 To the extent you can accommodate this gentlemen, such is requested. Please notify him at the earliest opportunity that the Waste Management Plan that he submitted satisfies your expectations and requirements. Yours very truly, . ldeoA�, (w"oHl. .4 deer CFG/ng Attachments xc: Mary Dee Carraway Mmelissa Rosebrock C� J WASTE MANAGEMENT PLAN To: STATE OF NORTH CAROLINA Department of Environment and Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, North Carolina 27107 Facsimile # 7714631 Submitted by: Roger Dale Radford 1952 Old Orchard Loop Stuart, Virginia 24171 Facility # 86-8 The undersigned, Roger Dale Radford, owner of Facility # 86-8, in conformity to the Preliminary Injunction issued by the Court dated March 26, 2001, at 12:50 PM ( by Judge J. D. DeRamus, Jr.), File # 01 CVS 650, Surry County Superior Court, North Carolina, PLANS to establish a minimum of 12" of freeboard, reduce the level of liquid impounded in the storage pond, to be attained within thirty (30) days of the approval of the Plan by the Division of Water Quality. Additionally, the undersigned will maintain a minimum of 12" of freeboard in its storage pond at all time. The level of the liquid impounded in the storage pond will be lowered by using a Case trat.tor, a Badger manure pump, (the PTO shaft is repaired and operational) and by using a 3350 gallon spray -type Calumet tanker truck. Attached to this Waste Management Plan is an aerial photo of the farm of the undersigned. The liquid impounded in the storage pond will be spread on four (4) different fields: Field # 1: Two tracts, 10 acres and 6 acres. The 10-acre tract is sowed each year in soybeans, year 2000 and year 2001. The 6-acre tract is kept in grass sod, years 2000 and year 2001. Page 2 20,000 gallons of the liquid impounded in the storage pond can be sprayed on the 10-acre tract; 12,000 gallons will be sprayed on the 6-acre tract. 2001. Field # 2: Two tracts, 10 acres and 4 acres. The 10-acre tract is committed to soybeans, as well as the 4-acre tract, year 2000 and year 20,000 gallons of the liquid impounded in the storage pond will be sprayed on the 10-acre tract; and 8,000 gallons of the liquid impounded in the storage pond will be sprayed on the 4-acre tract. Field # 3: Five tracts, a 5-acre tract committed to soybeans, year 2000 and year 2001. a 4-acre tract committed to soybean, year 2000 and year 2001; a 12 acre tract committed to soybeans, year 2000 and year 2001; a 5 acre tract committed to corn, year 2000 and year 2001; and a 10-acre tract kept in grass sod, year 2000 and year 2001. 10,000 gallons of the liquid impounded in the storage pond will be sprayed on the 5-acre tract; 8,000 gallons of liquid impounded in the storage pond will be sprayed on the 4-acre tract; 24,000 gallons of liquid impounded in the storage pond will be sprayed on the 12-acre tract; 10,000 gallons of liquid impounded in the storage pond will be sprayed on the 5-acre tract (corn); and 20,000 gallons of liquid impounded in the storage pond will be sprayed on the 10-acre tract (grass). Field # 4: Four acres - committed to grass for year 2000 and year 2001 and 8,000 gallons of the liquid impounded in the storage pond will be sprayed on this 4-acre tract. The amount of Nitrogen contained in the Iiquid spraying is substantially lower than the • Page 3 amount recommended by the Soil and Water Conservation Office as safe. The amount of Nitrogen per 1,000 gallons of liquid storage is approximately twenty (20) pounds. This is a figure supplied to the undersigned by the Surry County Office of Soil Conservation. The undersigned further states: Dependability of Equipment: The undersigned commits to keeping all equipment operational at all times and should the equipment, for any reason, not be operational, the undersigned commits himself to employ a certified applicator to remove excess storage. Within 24 hours of the approval of this Plan, the undersigned commits himself to begin to implement the Lagoon Level Reduction Plan. • The undersigned shall obtain a minimum of 12" of freeboard within thirty (30) days of the initiation of the Plan following approval. 0 The undersigned shall initiate and complete repair of the concrete berms, one located near the concrete push off ramp and the other located near the entrance to the freestall barn. Within thirty (30) days of the effective date of the Court's Order, March 26, 2001.. • Within thirty days of the effective date of the Court's Order, March 26, 2001, the undersigned will initiate and complete repair and stabilization of the concrete push -off ramp located at the edge of the storage pond which is behind the milking parlor. • Within thirty (30) days of the effective date of the Court's Order, March 26, 2001, the undersigned will apply for and obtain a certified animal waste management plan for the dairy farm and apply to the Division of Water Quality Central Office for an individual non -discharge permit for animal operations. • Within thirty (30) days of the effective date of the Court's Order, March 26, 2001, the undersigned will fill the diversion ditch running parallel between the storage pond and Silverleaf Creek and repair the two animal burrow holes located in the dike wall. s Page 4 In anticipation of the need to immediately reduce the level of liquid impounded to avoid possible runoff into Silverleaf Creek, the undersigned has removed a substantial amount of liquid from the lagoon and has sprayed this on fields on his farm. The liquid level is now safely below 12". This Waste Management Plan is submitted by facsimile transmission and by certified mail RESPECTFULLY SUBMITTED this the 29`h day of March, 2001. Ifel" va4 R er Dale Radford 1952 Old Orchard Loop Stuart, Virginia 24171 Sworn to and subscribed this the ,&,� day of March, 2001. My Commission expires: ,I- /- ze,3 (SEAL) NANCY CORDON Notary Public Surry County, North Carolina copy to: Mary Dee Carraway, Assistant Attorney General (Facsimile # 919-716-6766) .. �' Li. . .,�•. , Ud y� .Y y �. �'�� �, rt '; ". - �f � n �•\7�i.11} iN'.ar I ' r,Y .y t � •��: �-'1,'✓y�„r .•b r6i:'+, (±'.:-' f ti e,1y,� y� ���9L�r . • I- � � '; ' Y'�' �' ma's ij['¢`•s t-�'� y � 1+,�; ; � -,, i' �f . •y� „ I•,!�1,' K.,1+ ,� S L?f ?gip r��R'��!,, `, f � : ��.r�rr � � ♦ • f 1a-5�.11r� :� � ��' _ r r ;�'1 :•V.. '.:�L�:-fs'1 is ,•j ,flea i�•I�� + 1', •i� ' � �• "�'`,, ;?r }:. • ' ` Vic,., 1 `� L ',! T y _ � r 1 A as Ar :il,..il ° y yl" `•t�� �"':� r-� 1r, •'� :4 t � S'r'+STs k, � '•' S � 7��jlfji h7' �f �'�ia# � ' c�. G"RDNER,GARDNER&MILLS 4R : 336-789-5506 MAR •01 12 : 26 No . 004 P.01 FAX GARDNER, GARDNER & MILLS Attorneys at Law Post Office Box 866 304 Franklin Street Mount Airy, North Carolina 27030 Phone: 336-789-5502 Fax: 336.789-5506 To: Larry D. Coble, Water Quality Supervisor, Witiston-,Salem Offico # 771-4631 Melissa Rosebrock, Environmental Specialist, Winstt;n-',clew Office # 771-4631 Mary Dee Carraway, Assistant Attorney General, Raleigh # 9:9-716-6756 Date: 3-29-2001 Fax Number: FROM: Carroll F. Gardner, Gardner, Gardner & Mills SUBJECT: Roger Dale Radford, Facility # 86-8 NUMBER OF PAGES, INCLUDING COVER SHEET: 1 COM MrNTS: The information contained in this feesintile Is privileged and confidential information intended for the Role use of the addressee. If the reader of this facsimile is not the intended recipient, or the employee or agent respunsihle for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this fax in error, plcnse immediately notify the person listed abow, and return the original message to the sentler „t the address listed above. GARDNER,GARDNER&MILLS q:336-789-5506 MAR 29'01 12:27 No.004 P.02 GARDN ER, 0ARDNL' R & MILLS A-r'rvnNLrYI. AND CDUNtiAL .OnS AT LAW GARROIS. IF, GARIDNElt 1304 FWANULTH 59'Jlt:1:7' JOHN G. W, C:A1CDN1 a, ,TTT. P.O. Box 130o IIsmx C. Mll.w MOTT-V AIRY, N. G 27noo Humi 13, i:A7¢l`Iilu.L, ITT 'ru xrNoNu fanoo 7'kSEI•t3Kc)� T'ACAOtMTl,TL f:i(4C11 'iB9-IShr,/(4 g11,jmoadvimul March 29, 2001 Larry D. Coble Water Quulity Supervisor North Carolina Department of Environment and Natural Resources 585 Waughtown Street Winston-Salem, North Carolina 27107 Re: Roger Dale Radford / Facility # 86-8 Dear Mr. Coble: Ole cntI NtML J 011x r. W . GAT Mg7l11, S H. Faxed herewith and [nailed today by certified mail is the Waste Management Plan of Mr. Roger Dale Radford which he and I trust should meet your approval, A copy has been faxed to Ms. Carraway. Mr. Radford is muidfill that you have advised him that he or his son should enroll in a course to become a certified applicator. No such course has been offered in this area. If you insist the he employ the services of a certified applicator until such time as he or his son or themselves became certified applicators, Mr. Radford should be advised accordingly and he will ilnmediately comply. Of necessity, he will be working with, and perhaps worrying, the local people with the Soil and Water Conservation Service, in an effort to obtain assistance, monetary and otherwise, in order to comply with the additional requirements of the Preliminary In He will be prepared, if necessary, to move without any additional financial assistance from the Soil and Water Conservation Service to reftirbish or refashion the lagoon in order to satisfy all parties concerned. As a last option, he will need to have you, or an appropriate agency, provide hilu with the requirements for the de -population of his firm in the event lie cannot fully comply with all of the conditions of the Preliminary Injunction, to which he has assented, and if it becomes necessary for Mr. Radford to de -populate his farm it is his intent and purpose to convert to a beef cattle operation which will eliminate the necessity for lagoon. GARDNER,GARDNER&MILLS kO'336-789-5506 MAR 29'01 12:27 No.004 P.03 Mr, Larry D. Coble March 29, 2001 Page 2 To the extent you can accommodate this gcntictnen, such is requested. Please notify him at the earliest opportunity that the Wastc Management Plan that lie submitted satisfies your expectations and requirements. ' Yours very truly, fr •arrolll qGdner CFG/ng Attachments xc: Mary Dee Carraway Mmelissa Rosebrock GARDNER,GARDNER&MILLS ID:336-789-5506 MAR 29'01 12:27 No.004 P.04 WASTE MANAGEMENT PLAN To: STATE OF NORTH CAROLINA Department of Environment and Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, North Carolina 27107 Facsimile # 771-4631 Submitted by: Roger Dale Radford 1952 Old Orchard Loop Stuart, Virginia 24171 -PoLable+ S6►1 S154 be&nh ) Facility # 86-8 S ; Q 2201 bs N �arn ���-a,h IiG ibs-N The undersigned, Roger Dale Radford, owner of Facility # 86-8, in conformity to the Preliminary Injunction issued by the Court dated March 26, 2001, at 12:50 PM ( by Judge J. D. DeRamus, Jr.), File # 01 CVS 650, Surry County Superior Court, North Carolina, PLANS to establish a minimum of 12" of freeboard, reduce the level of liquid impounded in the storage pond, to be attained within thirty (30) days of the approval of the Plan by the Division of Water Quality. Additionally, the undersigned will maintain a minimum of 12" of freeboard in its storage pond at all time. The level of the liquid impounded in the storage pond will be lowered by using a Case tractor, a Badger manure pump, (the PTO shaft is repaired and operational) and by using a 3350 gallon spray -type Calumet tanker truck. Attached to this Waste Management Plan is an aerial photo of the farm of the undersigned. The liquid impounded in the storage pond will he spread nr f;,;:r (4) .!ifferent fields: Field # 1: Two tracts, 10 acres and 6 acres. The 10-acre tract. is sowed each year in soybeans, year 2000 and year 2001. The 6-acre tract is kept in grass sod, years 2000 and year 2001. GARDNER,GARDNER&MILLS ID:336-789-5506 MAR 29'01 12:28 No.004 P.05 Page 2 20,000 gallons of the liquid impounded in the storage pond can be sprayed on the 10-acre tract; 12,000 gallons will be sprayed on the 6-acre tract. 10kO-M `-Me+ � ✓� L166 16,5 N er 40 llag. N�ae 0- re- fn A C re- 4-r� 9 e#}i n j 240 1 h s• 1� Field # 2: Two tracts, 10 acres and 4 acres. b r yd 165• N�aere� 2001, The 10-acre tract is committed to soybeans, as well as the 4-acre tract, year 2000 and year 20,000 gallons of the liquid impounded in the storage pond will be sprayed on the 10-acre tract; and 8,000 gallons of the liquid impounded in the storage pond will be sprayed on the 4-acre tract. t o Ae. re- -l-r Q+ � Q I LIOb I hs . N 0 r'4 d 1� 5 N/OLCM . y C re, 4-+r ate e I f b 165. N 0 r- 40 L5 . N/ore re. . Field # 3: rive tracts, a 5-acre tract conunittcd to soybeans, year 2000 and year 2001.,260 l io-s - N � '10 I bs N/acq a 4-acre tract committed to soybean, year 2000 and year 2001; 160 1b-2-N 4 yb l b5 • Nla-cne- a 12 acre tract committed to soybeans, year 2000 and year. 2001; 4$6 1 b5 W 4 y b 165 O-C Q - a 5 acre tract committed to corn, year 2000 and year 2001; and Zbb 1 bs • N -+ 1+0165 . N 1c c- Ve- a 10-acre tract kept in grass sod, year 2000 and year 2001. gO6165. k + 461 b-5 . N/o-cyIe . 10,000 gallons of the liquid impounded in the storage pond will be sprayed on the 5-acre tract; 8,000 gallons of liquid impounded in the storage pond will be sprayed on the 4-acre tract; 24,000 gallons of liquid impounded in the storage pond will be sprayed on the 12-acre tract; 10,000 gallons of liquid impounded in the storage pond will be sprayed on the 5-acre tract (corn); and 20,000 gallons of liquid impounded in the storage pond will bc; sprayed on the 10-acre tract (grass). Field # 4: Four acres - committed to grass for year 2000 and year 2001 and 8,000 gallons of the liquid impounded in the storage pond will be sprayed on this 4-acre tract. 1 l00 5' 'fb i �S. N/ The aniount of Nitrogen contained in the liquid spraying is substantially lower than the GSiRDNER,GARDNER&MILLS 0ID: 336-789-5506 MAR 29 ' 01 12 : 28 No . 004 P.06 Page 3 amount reconunended by the Soil and Water Conservation Office as safe. The amount of Nitrogen per 1,000 gallons of liquid storage is approximately twenty (20) pounds. This is a figure supplied to the undersigned by the Surry County Office of Soil Conservation. The undersigned further states: • DependabiIity of Equipment: The undersigned commits to keeping all equipment operational at all times and should the equipment, for any reason, riot be operational, the undersigned conunits himself to employ a certified applicator to remove excess storage. • Within 24 hours of the approval of this Plan, the undersigned commits himself to begin to implement the Lagoon Level Reduction Plan. • The undersigned shall obtain a minimum of 12" of freeboard within thirty (30) days of the initiation of the Plan following approval. • The undersigned shall initiate and complete repair of the concrete berms, one located near the concrete push off ramp and the other located near the entrance to the freestall barn. Within thirty (30) days of the effective date of the Court's Order, March 26, 200L • Within thirty days of the effective date of the Court's Order, March 26, 2001, the undersigned will initiate and complete repair and stabilization of the concrete push -off ramp located at the edge of the storage pond which is behind the milking parlor. • Within thirty (30) days of the effective date of the Court's Order, March 26, 2001, the undersigned will apply for and obtain a certified animal waste management plan for the dairy farm and apply to the Division of Water Quality Central Office for an individual non -discharge permit for animal operations. Within thirty (30) days of the effective date of the Court's Order, March 26, 2001, the undersigned will fill the diversion ditch running parallel between the storage pond and Silverleaf Creek and repair the two animal burrow holes located in the dike wall. GARDNER,GARDNER&MILLS 0 ID:336-789-5506 MAR 29'01 i2:29 N0.004 P.07 Page 4 In anticipation of the need to immediately reduce the level of liquid impounded to avoid possible runoff into Silverleaf Creek, the undersigned has removed a substantial amount of liquid from the lagoon and has sprayed this on fields on his farm. The liquid level is now safely below 12". This Waste Management Plan is submitted by facsimile transmission and by certified mail RESPECTFULLY SUBMITTED this the 2911 day of March, 2001. a er Dale dXLoop rcha 1952 Old O Stuart, Virginia 24171 Sworn to and subscribed this the a7y day of March, 2001. Notary Publ1 My Commission expires: (SEAL) NANCY GORDON Notary public Surry County, North Carolina copy to: Mary Dee Carraway, Assistant Attorney General (Facsimile # 919-716-6766) H ;ii"4� �y •• "� • i ,'� '� ,tii. •� ' ,r'��•',Yi���'� t�• S�Z� �tN` \i� !, '• .�"5 .. r Ire �- •4,� ti '� .(����, 1�i1, '�'`-�1 r�'f IV. > °4 .11t�i41�.� 'rs ,''T I► l�� t f w-( �`lY �� •�'' 1 � .1 yl„ti^ f' ` .0 I ! ..y, r, �.' .. �1'!;� •�'J .'.:tom �y. ! - .. .t:'.'i 1. 'fit n. .i'�. {• ' �, �� .,.. , a� • "� r �, .. Alt. �� .-1 to ' GARDNER,GARDNER&MILLS q:336-789-5506 MAR 29'01 12:30 No.004 P.09 PAGE 01 03/28/2001 08:31 5406947114 SEAMS To BE {' C4�,i`i'�i k�L, K'. y�{kb,�,tl €L•F{NC A �ffi �.b�a �`.F bi 5�i .. /y, y Ek !` �AN 6� � b�1 {���'d k1 £a1�S� 4�i4 yq klY munm ro: DWQ Fax- 336-771-4631 Fftm: Roger Dale Radford noW 03/28/01 w: Facility No. 86-8 : t CC: Carroll Gardner 0 unwo © For PAvkw (7 Pbb CWWA&it ❑ PbRrppv d Pbbm Pan C In tq$y to -the to an a $ie ievd I pion to laves the lagoon towel bdaw the frw board by a nm ne ptanp. OWN, and manure application Nmp not to apply the nm= to grass and crop laud at a maw mble and safe 1sto. I also putt to sak kdd icd and l#rreial assist = fit the Su" County Sail lion office to implement othat' "rs as needs#1 to OOMP) h:th the miuvemeM of DWQ. �c,�i v aks, . a�i�.;. s# z,;€' �� r ca r s tq, f� k�,'.�yP�P�k3dS . . . • . • a • fs.•rE pts <�a.#►6,a �y . . . . • . . • • . . . 3 'rtt A�d�°a 44lit"E NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE FAX TRANSMITTAL Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone; (336) 771-4600 . erg NCDENR. Fax: (336) 771-4630 FAX NU1\1BER: FROM: _ il, �cQ _ _kos°ebrock -- - - - - - - DATE: L $ Number of pages (including cover page): W g7/14/2000 11:96 919-70059 j1 NON -DISCHARGE PAGE 01 Steve Lewis Division of Water Quality i• � — � t� 167 Mall service Center , U L 9 2000 i • Raleigh, NC 27099-1617 (e 7 B) 733-5083 ext. 539 VV1 r1 ^ Salem � EL (919) 733-0059 (fax) ' �W Q f# i G e NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL FRE9CURCE9 FaX Ta i Melissa Rosebmck Fmmi Steve Lewis Fax. Pagesi 2 Phorim Patel 07/14/00 Rae CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Ploaso Reply Here's Mr. Radford's response that we talked about yesterday. O Phase Roayde t. 017/14/2000 11:36 919-73V059 NON -DISCHARGE PAGE 02 June27, 2000 Ms. Colleen Sullins ` Vins, This letter is an explanation of the matters before me. During rite time period ot'Ivlarch 30", April 3" and a when DWQ visited the farm, I was trying to do both milkinp and rceduW and was also working 12 hour shift on a public job at nigit. My son road I had planned on pumpiing the manum during the early past of March but that changed when my son's ctmdition with seizures became worse. The doctor stopped biro fivm driving or arty kind of work until surgery and the resu.ts ofthe surgery were determined. On March 22'd the surgery was performed and he was placed ire ICE:. He was released from the hospital about a week later and all indications were for good resulu. After being released front the hospital he was required to have someone with him 24 hours a day for the next couple of weeks. His progress was still going well but it was about six weeks in all before be was able to return, to work. It seemed longer than 6 weeks to rrre trying to rnAk, feed, and still work at town at nip. As soon as' he was able to return to the farm, we got the lagoon pumped down in about a week and a half. We also got the stook piled manure oa the lots hauled. On March I9a we had twin calves born (I dead at birth). The following morning the other was dead. I was going io bury the calves the nest day When I went to bury- then they were not theta at my ca�fpens. I thought then that my son had buried the calves bemuse they were gone. After ere first call fi-oni Dr. Earl Sheppard, I looked where fic calves were suppose to be but they weren't there- After the 5cwnd call $oxrr Dr. Sheppard I found the calves appro;t nigely 150 feet over a bank from the calf pans and I buried the rcinuins, I don't understand the term'"oa of the dam" but there wac no discharge ooming frow ilao spillway of the lagoon, There is a safety catch basin at the foot of the spillway which is approxa=tely 2' deep and 15' in diaineter for an extra safety, for spillage from the lagoon area to which stock piled manure and airy r all off from cow lots cast filter out. Tltis stock pile manure (3' higIa) was there only because of tine emergency situation ofmy son and we knew that if it iwnt in the Iagoon it night cause it to overilow. We are vt the process ofgetting this dipped out now. This is tlec urea &Q11t wlriclr tlae wa-ar W43 corning ,from. The water is comffig above -lie cow lots at a water trough that is leaking, it passes through a corlereta culvert under the cow lots and passes through this catch basin to settle out any solids. (This is our second safety banier frvpa lagoon and cow lot runoff.) The third safety is below the lagoon. Belcw the catch basins is a bulldozer made ditch thaf is apurox"i ely 2' to 2 W deep and 10' wide and approxinlately 800' long and numing at a grade of approximaleh• 1-2% on 90% of the length of the ditch. The ditch enc s I the upper middle portion of a 3 acre bottom. I don't think there is anv plaoe not covered from ttic cow lots. Any nmoffarea that is not curbed yet has a sediment catch basin. With eery son's absence, the pressure of trying to keep evzrything, going until lie recovered, and then working whh tl;e possibilities of civil penalties that I could face. I1,U taken a toll on ine_ I g7/14/266E) 11:36 919-7E359 NON -DISCHARGE PAGE 93 of was adtnitta d to the hospital with chest pains. After several tests at Baptist ? Iospital, it was detennined that stress and a partial blockago in a right artery was the caust Reconmicndationfrom the doctor vas medication, diet, and less stress. I have decided since I cannot manage the situations in a timoly matule:r and to cut down on so much stress that I will be better off health wise to turn the farm over to him. I believe he has already contacted the Soil Conservation Me for advise and technical assistance in getting the Iagoon checked by an enghieer. He also mentioned that he has gotten on the wa'ttiagg list for new application equipment (cost share) to replace badly worn equipment. I pray that you undarstaad what I have written and Qud only knows how much I have tried to do within my means the right thing. I have a debt yet to pay to the State of NQrdi Carolina from a penalty in the past. We purchased a dairyherd Li 1995 which wtbeknowhng to us had a large number of Staph Aureous Strep Aglaetia and 5 positive cows with 7ohnnes. By the time we figured out what was going on and culling out we had 42 cows left out of 220 cows by 1997. With this great Ioss, the farm income had dropped to point that I had to take r public job to help make ends meet with a $1200 permQMh lease payment on the farm. Somehow niy wife and I have kept the lease going whue we could turn the option over to otty son. We 1Ave struggled to survive till now. We keep holding on only because of die equity that we've built in the property since 1977 with a lease with the option to buy which we have already assigned over to my only soft. lvly son has worked the farm since he was 7 years old, he'll be 30 this August. He has two sons, agca 10 and 2, that both love cows and tractors. He has a dairy degree 5orn Virginia Tech. I have 'hirned over all of niy equipment to lliin, He has 30 milk cows, 25 calves and heifers. I would like to let back on some kind of open ended payment plan so I could pay what ever we had to spare for any given month. God has been good to my family. It has been a hard road to travel but he's been there to help us when we stumbled. .I pray that you will sce it in your heart to 9ccepi my apology is there was anything that you feel that I've done ivrong. T 4nk,'ou, Roger D. ,Radford �6ur, / � 611�4 5 ��- Sore O/v -��-2/--cam State of North Carolis 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 Roger Radford Radford Dairy Farms Rt 1 Box 223-A Claudville VA 24076 Dear Roger Radford: A1L1P_N;W,A AS&W-4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANTNATURAL RESOURCES RECEIVED March 5, 1999 N.C. Dept, of EHNR MAR 2 4 1999 Winston-Salem Subject: Removal of RegiR4onal office Radford Dairy Farms Facility Number 86 -8 Surry 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 11000 Poultry with a liquid waste system 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at (919) 733-5083 ext 571. Sincerely, Ao-),tr /Jvad A. Preston Howard, Jr., P.E. cc: Winston-Salem Water Quality Regional Office Surry Soil and Water Conservation District Facility File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper CONFIRMATION FOR REMOVAL OF REGISTRATION f This is to, confirm that the following farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration database. Facility Number: _ 8(0! 8 Farm Name: Owner: I�1 q� R ad �t, Y-d Mailing Address: (} i ate` vi Ile. VA 2y0-TC. County: Surr Comments: Operation is: below threshold out of business/no animals on site closed out per NRCS standards Signature:QLn't' Agency: D W Q� W S PO Please return completed form to: DBHNR-DWQ Water Quality Section Compliance Group P.O. Box 29535 Raleigh, NC 27626-0535 11 RR-3/97 State of North Carol Department of Envir meet and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Roger Radford Route 3 Box 762 Stuart, VA 24171 AV A- NCDENR NORTH CAROLINA DEPARTMENT Of ENVIRONMENT AND NATURAL RESOURCES September 25, 1998 RE: Request for Payment of Civil Penalty File No. DID 96-024 Surry County Farm #: 86-8 Dear Mr. Radford: On July 23, 1997, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of $2,743.00, including $743.00 in investigative costs, for discharging animal waste into the waters of the State. On December 3, 1997, the Director of DWQ considered your request for remission but found no grounds to modify the assessment. On April 9, 1998, you appeared before the Environmental Management Commission Committee on Civil Penalty Remissions. This committee found no grounds to modify the assessment. To date, you have paid $228.59. No payment has been received since July 13, 1998. The balance due is $2,514.41. This Ietter serves as final notice that unless payment of the balance due is received within thirty (30) calendar days of your receipt of this notice, DWQ will refer your case to the North Carolina Attorney General's Office. The Attorney General will file a civil action in Superior Court to recover the amount due. Please pay the balance due within 30 days to avoid legal action. Should you have any questions, please contact Shannon Langley at (919) 733-5083 ext. 581 or Steve Lewis at (919) 733-5083 ext. 539. Non -Discharge Branch cc: DWQ Winston-Salem Regional Office Shannon Langley of P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Y State of North Carol Department of Environment and Natural Resources'I A Division of Water Quality 0 WL James B. Hunt, Jr., Governor Wayne McDevitt, Secretary C A. Preston Howard, Jr., P.E., Director C July 14, 1998 Roger Radford N.C. Dept- of CHNR Radford.Dairy Farm 1998 Route 3. Box 762 SU L 15 Stdtait, VA 24171 i Wincit.,o n -Sal t,"I Regional ofiiCe SUBJECT: Acknowledgment receipt letter Radford Dairy Farm Case No. DD 96-024 Farm #: 86-008 Sw-iy County Dear Mr. Radford: This is to acknowledge receipt of your check No. 1103 in the amount of $228.59 received from Roger Radford on July 13, 1998. To date the Division has not received the signed payment schedule that was mailed to you with our letter dated April 23,1998. This agreement must be signed by you and returned to Mr. Shannon Langely at the letterhead address within 10 days f your receipt of this letter. A copy of the payment schedule is enclosed. Failure to enter into a payment schedule may result in this matter being referred to the North Carolina Attorney General's Office for collection through the courts. If you have any questions please call Shannon Langley at (919) 733-5083 extension 581. Sincerely e f Poupart, St Non -Discharge Enclosure SL/ky cc: W�tnston_Salem.Regiorial,'Offic Enforcement/Compliance Files Central Files Mj ance/Enforcement Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF[ (F __V U'rY April 17, 1998 N.C. D3- Pt, C'%f EHNN Roger Radford plp 2 3 199$ Radford Dairy Farms Rt 1 Box 223-A Claudville VA 24076 W j l3 s t p n- j a' e m , ignai Offic's Subject: Classisfication of Animal Waste Mang nystems Facility: Radford Dairy Farms Facility ID #: 86-8 County: Surry Dear Mr. Radford: 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 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 Group at (919) 733-0026. 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 Group. As the owner of a registered 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, Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cd1AW OIC Designation Enclosure cc: Winston-Salem Regional Office Water Qualtiy Piles WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMI$$ION P.O.BOX 2983S, RALEWH, NORTH CAROLINA 27626.OS35 PHONE 919-733-0026 FAX 919-733-1 338 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONsUM6R PAPER 0 State of North Caro a Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Attn.: Roger Dale Radford Route 3, Box 762 ' Stuart, VA 24171 Dear Mr. Radford: A vw RECEIVED October 20, 1997 N.C. Dept. of EHNR OCT 2 2 1997 Winston-Salem Regional Off ice Subject: Remission Request of Civil Penalty Assessment Radford Dairy Surry County Farm #: 86-008 DD 96-024 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed and you will be notified when a decision is made concerning the request. If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincere , Dennis R. ' Ramsey, Assistant Chie Non -Discharge Branch cc: W sronaSalemgR_egioi aLOfficeTwlat[ chments_�F Enforcement File # DD 96/024 Shannon Langley w/3 attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 919-715.6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper RECEIVE-- ' OCT 19 1997 MAT>=R QUALITY SECTIO14 Non -Discharge Branch October 15, 1097 l LL! Route & Qox 762 S l.u.-art, ' VA Q4 1 7'J. Yr. Steve W. T_daer Water Quality Secti.cn C;hiefiDWQ P . O. Box 29585 Raleigh, NC 276=.66-0531-5 Dear Mr. Tedder; This is ire reaponse to your letter concernins 3sSe•ssnont of civil penalties for violation(s) of NCAC 2H .0217, Murry Connty, Farm #; 80 -008, File No. DD 96--020 We were working on pumping our lagoon down in mid -April when the engine dame out of our manure truck. The Parts and repair bill on the truck is approximately $900.00. We feel that we need to use the money on getting the manure truck out of the shop. Since the manure truck broke down we have also taken on a public_ job. It is very difficult, as I can see now, to try to do a lot of repairs, working for an hourly wage, but we are trying. The public job was also taken on as. a. way to make a living and try to pay our other bills. This was the only option we had in order to prevent bankruptcy. I believe within 90 days that we can have the truck repaired and back to pumping. We have reduced the size of the dairy herd from 250 cows to under 100 cows, at present we -are milking 42 cows, it will be much easier to maintain the level in the lagoon once the initial clean up is made and repairs are completed. Again, we believe this to be accomplished within 90 days. We will also seek advise from the Soil Conservation office about installing a ditch between the lagoon and the creek for an extra safety measure. If possible, we would need to use the remainder of the imposed fines to build the ditch or diversion, do the required seedings, and build the fencing as required by SCS. • We ask that you please cQnside.r theme reqmc:sts and time limits. We are working very hard, both publicly and on the dairy to meet the requirenents and survive. Bankruptcy is not something. we even want to consider and we are doing everything possible to :avoid this. Rogtr Dale Radford (A! : M/-' ,-O)1'ia1)1'an Lan y/ey STATE OF NORTH CAROLINA ENVIRONMEi1fTAL MANAGEMENT COUNTY OF Su COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. _S(o--_00 S') STIPULATION OF FACTS FILE NO. _ Z) 96 — 0-; Having been assessed civil penalties totalling 7 `� � for violation(s) as set forth in'the asses rrient�odument of the Director of the Division of Water Quality /' ?2ec c/u.we dated, J f the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated ,natter and does stipulate that the facts are as alleged in the assessment document. This the / 7 day o f Ac' 1' �/�_ _ _ _ , 19—Y, 7 SltNATURV rr� TELEPHONE �a��9 State of North Carolin • Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman December 5,1996 Roger Radford Radford Dairy Farms Rt 1 Box 223-A Claudville VA 24076 Dear Mr. Radford: MAI E)EHNR Subject: Operator In Charge Designation Facility: Radford Dairy Farms Facility ID #: 86-8 Surry County p r nV50 DEC 12 1916 Regional OfficO 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, Fo, Steve W. Tedder Enclosures cc: Winston Salem Regional Office Water Quality Files ��� Water Pollution Control System 1K Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission NVf C An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 50`10 recycled/ 10% post -consumer paper Roger Dale Radford Route 3 Box 762 Stuart, VA 24171 0 March 12, 1996 State of North Carolina Department of Environment Health and Natural Resources Winston-Salem Regional Office 565 Waughtown Street Winston -.Salem, NC 27107-2241 Attn: Allan Smith Subject: Animal Waste Management Dear Mr. Smith: R ECE1V N.G. Dept. 01 APR 16 1996 Winston-Salem Regional C7ffica In response to your letter dated February 29, 1996 regarding your visit to the farm on February 28, 1996. In answer to the concern of animal waste entering Silverleaf Creek, we are in the process of stopping the cattle from entering the creek. The fence posts have been cut and are ready to be .set for the fencing. The fencing project should be started by April 1, 1996. Concerning the stockpiling of solids around the lagoon, these will be removed as soon as possible to the fields, This will be done before and during the corn planting. We will. also be pumping the lagoon during the months of April and May. This will also be applied to croplands. When the area below the lagoon dries a little more, we will be able to seed with fescue. This will also be done along creek banks. This should be completed in April. I have spoken with Mr. Goins at the Surry County NRCS about getting assistance to improve the entrance area to the holding lot and curbing around the holding lot, He will be discussing this with the Director to determine how and how much they would be able to help. We will need to have the fences completed before any help would be available for the entrance area and curbing. 7 Our future plans consist of seeking help from Soil Conservation for dry-pa--k storage of animal waste and have the lagoon used exclusively for wash -down water and run-off water from the lots. The lagoon should handle our herd size with a twice a year pump -down (spring and fall). If the safety level of the lagoon becomes questionable, we would be able to pump more often. If you have any further concerns or questions, please call as soon as possible. We realize the se riousne.s-s of animal waste di-spo-sa1 and will do everything possible to prevent the contamination of water supplies. 7Si erely, og r ale Radford Sherman L. Anderson cc: Slurry County NRCS State of North Ccolina Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary I-eesha Fuller, Regional Manager February 29, 1996 Mr. Roger Dale Radford PO Box 98 Claudeville, Va. 24076 SUBJECT: Animal Waste Management Radford Dairy Farm Surry County Dear Mr. Radford: i 1•• E)aHNFZ DIVISION OF ENVIRONMENTAL MANAGEMENT On February 28, 1996 I met with you and your son Brad to briefly discuss the animal waste handling capabilities of your dairy. Since the Division of Environmental Management (DEM) is a regulatory agency, we can offer some advice that might help you meet water quality standards concerning lagoon run-off but for technical assistance you should contact the Surry County Natural Resources Conservation Service (NRCS). The Surry County NRCS can best explain what steps should be taken to correct the problems associated with animal waste run-off and can devise a plan to help contain the animal waste on -site. The Water Quality Section of DEM is very concerned with the animal wastes entering Silverleaf Creek which is located a few feet from the edge of the lagoon. As you are aware, animal wastes entering waters of the State is a major concern and heavy fines are being implemented on facilities that are not in compliance with the State's rules and regulations. It is extremely important that your dairy operation take the necessary steps to prevent animal waste from entering waters of the State. During the site visit, several problems were noted and discussed. Pulling the solids out of the lagoon and stockpiling them around the edge of the lagoon is not a good management practice. I realize that you needed to get the sludge out of the lagoon for more storage area but placing the solids around the lagoon could cause more problems by allowing rain water to wash the solids into the creek if there is a rain event. It is understood that you hope to sell the solids for compost material when the weather clears. When you discuss your prevention plans with the Surry County NRCS they can explain their extent of cooperation in developing and implementing the necessary procedures to contain the animal waste. However, depending on their recommendations, you may want to take some steps on your own such as the following: 585 Waughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone 910-771-4600 FAX 910-771-4631 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 7'• � Mr. Radford February 29, 1996 page 2 1) Do as much as possible to keep the rain water out of the lagoon. This might include gutters on the buildings; curbs around some of the roads or loafing pads; creating vegetated ditches to carry rain water around the lagoon instead of into it. 2) Re -vegetate the area below the lagoon with a thick, dominating grass such as fescue. A heavily vegetated buffer can slow down flowing water and allow the solids to settle out where the pollutants can be utilized by the grass. 3) Empty the contents from the lagoon and re -size it for a longer storage capacity. You. will probably want some technical assistance if you decide to do this. 4) From a management standpoint - you will have to pump out the liquid in the lagoon and put it on cropland before spring planting, after fall harvest and anytime the weather and land availability are adequate. The solids will have to be removed from the lagoon on a regular basis and properly disposed of This is something that will have to be done in order to maintain adequate freeboard. Again, 1, 2 and 3 are only suggestions. You should talk to the Surry County NRCS first and get their advice before undertaking any actions. After our meeting I realize that you understand the seriousness of this matter. I urge you to continue to cooperate with all interested parties and obtain a solution to the problems associated with the dairy. I remind you that the non -permitted discharge of wastewater to waters of the State is illegal as per North Carolina General Statute 143-215.1 and that violations could subject your dairy to enforcement action with the possible assessment of civil penalties of up to $10,000 per day per violation. Should you have any questions regarding water quality issues or the regulations concerning this matter, please contact me at (910) 771- 4600. Sincerely, P�" Allan Smith Environmental Technician cc: Surry County MRCS Mr. Sherman Alexander Central Files/WSR4 State of North A00a Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. -Howes, Secretary Leesha Fuller, Regional Manager January 4, 1996 Sheriff Connie Watson Surry County Sheriff's Office P. O. Box 827 Dobson, NC 27017 Subject: Request for Service Dear Sheriff Watson: E3EHNR DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Enclosed is a Request for Service and attached papers along with a check for $5.00 to cover the service fees. Please serve the papers on Roger Dale Radford at the address listed on the Notice. If you should have any questions or require additional information, please contact Allan Smith or Steve Mauney at (910) 771-4600. Sincerely C�� 10. 6111�1 Larry D. Coble Regional Supervisor LC/S VK/svk Attachments 585 Woughtown street, Winston-Salem, North Carolina 27107-2241 Telephone 910-771-4600 FAX 910-771-4631 An Equal Opportunity Affirmative Actlon Employer 60% recycled/ 10% post -consumer paper N N STATE OF NORTH CAROLINA COUNTY OFSURRY In the Matter of a Notice of an ) Unpermitted Discharge of Wastewater ) to Waters of the State ) TO: Sheriff, Surry County REQUEST FOR SERVICE YOU ARE HEREBY REQUESTED TO serve the attached document(s) in the above entitled action on the individual listed below: Roger Dale Radford Route 1 Box 223A Claudevill, Va. 24076 This the 4th day of January, 1996. Larry D. 4Coble, Regional Supervisor NC DEHNR 585 Waughtown Street Winston-Salem, NC 27106 RETURN OF SERVICE I certify that the REQUEST FOR SERVICE was received on the day of and together with the document(s) was served as follows: On on the day of at the following place: (Fill in address where copy delivered) By: delivering copies to him/her personally; leaving copies with who is a person of suitable age discretion and who resides in the named individual's dwelling house or place of business. If not served on the named individual, state reason: Fee $ , Sheriff Surry County, North Carolina Paid , Deputy By: (Date)