860008_ENFORCEMENT_20171231

To:
Through:
From:
Subject:
Date:
NCDEH8zNR
©EM6WsplOO
Dianne Wilbum
Bob Sledge
Larry Coble1"'
Steve Mauney
Allan Smith
Radford Dairy Enforcement
960625
Attached is an Enforcement Package for Roger Dale Radford in Surry County. 1
am enclosing a videotape of the site. The address for Mr. Radford is questionable,
apparently he keeps changing addresses to fend off bill collectors (according to locals).
The address In the Enforcement Package is the one Mr. Radford had as a return address
on his NOV response letter but the address on the NOVs that were previously sent
eventually got to him. If you have any questions please call me at [phone] Ext.
272.

Contents of the
ROGER DALE RADFORD
DAIRY ENFORCEMENT PACKAGE
I. Checklist for Illegal Discharge Cases
(NCGS 143-215.1(a)(1)
II. Civil Penalty Assessment Factors for Water Quality
Cases
III. Findings and Decision and Assessment of Civil Penalties
File No. DD 9
IV. Attachment A
A-l: Fecal coliform sample values
A-2: Fecal coliform lab sample sheets
V. Attachment B
Previous complaint reports
VI. Attachment C
C-1: Notices of Violation and Letters sent to the
landowner and operator of the Radford Dairy
C-2: Response from the landowner and operator
VII. Attachment D
DEM animal waste inspection forms
VIII. Attachment E
Topographic Map of the Dairy and relevant
information
IX. Attachment F
. Certification Page

2.
3,
4.
61
31
CHECKLIST FOR ILLEGAL DISCHARGE CASES
NCGS 143-215.1(a)(1)
Name, address and telephone number of alleged violator(s).
Roger Dale Radford - Operator
Route 3 Box 762
Stuart, Virginia 24171
Sherman Anderson - Landowner
3279 East Pine Street
Mt. Airy, North Carolina 27030
Previous Address:
PO Box 98
Claudeville, Virginia 24076
Phone [phone]
Phone [phone]
Name, address and telephone number of contact person, if different from above.
Same
Statement as to whether a permit was ever applied for by the alleged violator for
the discharae and if any applications are pending.
No permit has been applied for and no permit application is pending.
List any other water quality permits held by the alleged violator, i.e. a nondischarge
permit for the source of the discharge.
This is a dairy farm operation with approximately 150 head of cattle which are
considered milk producers. The farm is deemed permitted per .0200 animal
regulations.
Description of the waste involved in the discharge and how you know it is waste,
i.e. samples taken.
The Radford Dairy's animal waste holding pond was overtopping and a direct path
could be followed to the creek.
Description of how the waste was conveyed to the Waters of the State. (Include
photographs of the point of emergence.
The waste had been flowing out of the waste storage pond and had settled in an
area approximately 113 acres before entering the creek. Recently a berm was
constructed which directs the wastewater directly to the creek. A videotape was taken
of the site in lieu of pictures.

7. Name of state waters and class.
Silverleaf Creek, Class C Trout. Located in the Roanoke River Basin
Index Number: 22-2-1
8. Costs of the investigation, itemized.
Investigation Time
DEM personnel x 30 hours $360
Samples
4 samples @ $12.00lsample $ 48
Write-up
Environmental Technician x 10 hours $123
Supervisory Review - WSRO $112
Supervisory Review - Raleigh Office 100
Total
$743

CIVIL PENALTY ASSESSMENT FACTORS FOR WATER QUALITY CASES
Each factor must be addressed in detail even though other parts of the report may include this
information. If unknown, state why. If not applicable, state why.
a. Cause of the violation. (,State_ whether it could have been prevented and how.
State whether the cause was out of the violator's control, i.e. Act of Nature,, etc.)
The waste holding pond overflowed because it was not pumped down. Several site
visits have been conducted by .DEM personnel and inadequate freeboard has been
noted during most visits. The discharge could have been easily prevented with proper
waste handling techniques. The event was NOT out of the violator's control.
b. The degree and extent of harm caused_ by the violation. State how you ived
at your conclusion .
The degree and extent of harm is unknown.
C. Duration of the violation.
A complaint on the Radford Dairy was documented on December 16, 1988. Since
then there have been registered complaints or site visits concerning animal waste
runoff from the Radford Dairy on April 7, 1989; May 9, 1991; July 10, 1995;
November 13, 1995; February 28, 1996; and June 11, 1996. Although no reportable
violations were actually occurring on two of these dates there is little discrepency
that a violation had occurred which.prompted the complaints.
d. Effect of violation on water, public health and fish or wildlife. (Include
number of wildlife killed or iniured, citizen complaints, how the violation
affected the water.)
There have been numerous complaints from private citizens, however the overall
effect is not known.
e. Effectiveness of any preventive or responsive measures taken b. t�iolator.
(Describe measures, when taken
As of June 11, 1996 the only preventive measures shown to DEM personnel were
approximately ten post holes dug near Silverleaf Creek. These holes are for fencing
the cows out of a portion of the creek. In the response letter dated March 12, 1996
was the following statement: "The fencing project should be started by April 1, 1996.

f. Cost of rectifying the damage or information that would be needed_ to determine the
cost, such as process rates, cleanup costs.
Unknown.
g. The alleged violator's previous record of compliance or noncompliance. list other
enforcement actions, civil penalties assessed, NOVs, NONs.)
December 16. 1988: Complaint from Robert Henz concerning year 'round stream
impacts from, in his opinion, animal waste.
May 15, 1989: Notice of Violation sent to Radford Dairy concerning animal waste
entering Silverleaf Creek.
May 9, 1991: Complaint from Tony Shelton via Dianne Wilburn concerning dead
organisms in the creek below Radford Dairy.
July 6, 1995: Complaint from Steve Cash concerning animal waste in the creek
below Radford Dairy.
November 13, 1995: Animal inspection by DEM revealed a discharge of animal
waste entering Silverleaf Creek, Class C Trout.
December 5, 1995: Notice of Violation sent to Radford Dairy concerning
problems with proper disposal of animal waste.
February 21, 1996: Notice of Violation sent to Sherman Anderson, landowner,
concerning the violation occurring at Radford Dairy.
February 28, 1996: Follow-up visit by DEM showed that animal waste issues
had NOT been addressed or corrected.
February 29, 1996: Letter concerning follow-up visit by DEM sent to Mr.
Radford.
March 16, 1996: Letter received by DEM dated March 12, 1996 addressing steps
to be taken to correct some of the problems at the dairy. The letter was signed
by Roger Dale Radford, Operator, and Sherman Anderson, Landowner.
June It, 1996: Follow-up visit by DEM showed that little effort had been made
to correct any of the problems with animal waste entering Silverleaf Creek. In the
letter sent to DEM by Mr. Radford and Mr. Anderson steps were to have been
taken and completed by this time to contain the animal waste.

I
m SENDER:
I also wish to receive the
'
a
■Complete items 1 and/or 2 for additional services.
following services (for an
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■Complete Items 3, 4a, and 4b.
rprint your name and address on the reverse of this form so that we can ratum this
extra fee):
2
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card to u.
■Attach this form to the front of the malipiece, or on the back if space does not
1. ❑ Addressee's Address
i
' Lpermit.
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■ Write'Refum Recelpf Requested' on the mailpiere below the article number.
to whom the article was delivered and the date
2, ❑ Restricted DBIiVBry
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+The Return Receipt will show
delivered.
Consult postmaster for fee.
C
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3. Article Addressed to:
4a. Article NumberIs
P 536 316 674
E.
E
SHERi-iAN ANDERSON
3279 EAST PINE STREET
4b. Service Type
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MT AIRY NC 27030
[1 Registered )—, is ed
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❑ Express Mall ❑ Insured
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Return Receipt for Merchandise ❑ CODca
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7. Da of Delivery
5. Received By: (P erne)
8. Addressee's Address (Only If requested
and fee is paid)
9.
6. Signature: (Addressee or Agent)
X
PS Form 3811, December 1994
I
FIFL
SENDER:
to ■Complete items 1 andfor 2 for additional services. •
1 also wish to receive the
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■Complate items 3, 4a, and 4b.
following services (for an
■Print your name and address on the reverse of this form so that we can return this
extra fog):
you -card to
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1. ❑ Addressee's Address
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permit.
aWrite'Ratum Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery]
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•The Return Receipt will show to whom the artido was delivered and the date
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delivered.
Consult postmaster for fee.
. Article Addressed to:
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4a. Article Number
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PS Form 3811, December 19 4
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Domestic Return Receipt
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h. Mitigating, aggravating factors, if any. (No way to prevent the discharge,
discharge caused by another party, immediate removal etc.
Mr. Radford has stated that the excess rains during the 1996 Spring made it
impossible for him to land apply or sell his animal waste. However, these rains
did not hamper other farmers in the area from properly disposing of their animal
waste and this does not explain the previous complaints and violations.

STATE OF NORTH CAROLINA
COUNTY OFSURRY
IN THE MATTER OF
ROGER DALE RADFORD
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 9
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, A. Preston Howard, Jr.,
P.E., Director of the Division of Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Roger Dale Radford operates a dairy animal operation in Surry County.
B. Radford Dairy was deemed permitted as a nondischarge facility on
in accordance with 15A NCAC 2H .0217.
C. On November 13, 1995; February 28, 1996; and June 11, 1996 DEM staff observed a
discharge of wastewater by Roger Dale Radfordfrom the waste holding pond to Silverleaf
Creek, which are Class C Trout waters of the State within the Roanoke River Basin.
D. Roger Dale Radford had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $743.00.
Based upon the above Findings of Fact, I matte the following:
II. CONCLUSIONS OF LAW:
A. Roger Dale Radford is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Silverleaf Creek constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Roger Dale Radford may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars
($10,000.00) per violation may be assessed against a person for failing to act in accordance
with the terms, conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Roger Dale Radford
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to delegation provided for
by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Roger Dale Radford is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in violation of 15A
NCAC 2H .0217.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

ROGER DALE RADFORD DAIRY
Facility Number 86-7/8
Surry County
Fecal coliform SAMPLES TAKEN ON
JULY 11, 1996
Sample Area
#/100 ml
1/3 mile above lagoon
1000
80 yards above lagoon
2600
1 yard below wastestream
entrance
9400
15 yards below wastestream
entrance
2400
All samples were taken from Silverleaf Creek, Class C Trout. The
distances in the Sample Area column are approximate values.
Surrounding areas of the sample points are pasture or loafing
areas for cows except the 1/3 mile. above lagoon which is located
below another dairy farm in Virginia.
EANONMA1146 UM�1:00dWMj

RESEARCh & ANA1yTICAkF,-CV'J ED
LABORATORIES INC. ' t o "' �``�
Analytical/Process Consultations 7 r� ti
Div. of Environmental Management
585 Waughtown Street
Winston-Salem, NC 27107
Attn: Allan Smith
Date Sample Collected : 06/11/96
Date Sample Received 06/11/96
Date Sample Analyzed 06/11/96
Date of Report 06/20/96
Analyses Performed by MJ
& ANA4rr *''
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Lab Sample Number
Lab Sample Number
Lab Sample Number
Lab Sample Number
272617
272618
272619
272620
Parameter Storet # Results
Results
Results
Results
Fec Coli-MF (37616) 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
(airs)
1100
1115
1130
1145
P.O. Box 473 • 106 Short Street 6 Kernersville, North Carolina 27284 • 910/996-2841

�EHNR
ALLAN SMITH
Envira
M. o
Water
North Carolina Department
a d Natural esourcesLyTICA[ CHAIN OF CUSTODY RECORD
L.
Pons
585 Waughtown Street
NC 27107 weTrwweCTFwert=R MIST_
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SAMPLERS (SiGNATURE)
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•RECEIMED
REMARKS
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COMPLAINT
DIVISION OF ENVIRONMENTAL MANACF-%*'.NT
WINSTON-SALEM RECInNAL OFFICE
REPORT
�j TIME:NAME OF CALLER: �C 4��Z pin
ADDRESS; pp Street P.O.Box
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TELEPHONE NUMBER:
POINT OF POLLUTION:
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SOURCE OF POLLUTION:
NATURE OF CALL: ljj/r���7�,a -59/.�_Y_��
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REPORT RErERRED TO:
IMMEDIATE ACI' I;)N TAKEN.--

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State of North Carolina
Department of Natural Resources and Community Development
Winston-Salem. Regional Office
James G. Martin, Governor William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 15, 1989
CERTIFIED MAIL NO. P--536-300-869
RETURN RECEIPT REQUESTED
Mr. Roger Dale Radford
Rt. #5,
Claudeville, VA 24076
SUBJECT: Un-permitted Wastewater Discharge
Radford Dairy Operation
Surry County
Dear Mr. Radford:
As you are aware, your dairy operation was inspected by
Abner Braddy and Mike Mickey of the Division of
Environmental Management's Water Quality staff on April 7,
1989. Mr. Dick Everhart, District Conservationist with the
Soil Conservation Service, also participated in the site
visit.
The visit was prompted by complaints this office has
received regarding the possible water quality impacts of
dairy operations in the area. The inspection revealed that
you handle your animal waste by means of a wastewater
lagoon. The waste is then land applied for it's nutrient
value. This is an excellent method of waste management,
provided the lagoon is not allowed to over -flow.
The inspection also revealed, however, that there are
areas where wastewater is reaching the stream. These areas
include the barn to the west of your milking house, and the
area immediately below the dike of your lagoon. Wash water
8025 North Point Boulevard, Suite 100, Winston-Salem, N.C. 27106-3295 • `%lephone 919-761.2351
An Equal Opportunity Affirmative Action Employer

Mr. Roger Dale Radford
Page 42
May 15, 1989
overland run-off, and spillage are carrying oxygen demanding
pollutants to Silverleaf Creek on an intermittent basis.
This unpermitted discharge. of wastewater into the surface
waters of the State is a violation of North Carolina General
Statute (NCGS) 143-215.1. This type of discharge is also a
violation of regulations established by the Federal Clean
Water Act. The relevant Federal regulations as they pertain
to "Concentrated Animal Feeding Operations" are attached for
your review.
During the April 7th visit, you expressed a willingness
to take the necessary steps to cease the violation. It is
my understanding that Mr. Everhart has arranged a technical -
assistance visit to your operation. I urge you to follow
the recommendations of the S.C.S. representative in this
matter. Failure to do so will result in a request to
designate your dairy as a "Concentrated Animal Feeding
Operation." Additionally, if it becomes necessary to
formally designate your operation, you will be regulated in
the same manner as a non-agricultural business with a
wastewater discharge to surface waters of the State. This
could lead to the imposition of civil penalties if
enforcement action becomes necessary.
You also expressed concern that a portion of the water
quality problem originates -upstream of you, possibly by
dairy operations in Virginia. Observation of the area
upstream of your property indicates that this may be true.
We will be performing water quality sampling upstream and
downstream of your property this summer, and will contact
the appropriate Virginia authorities if a problem is
confirmed.
Because of the violation, you are requested to respond
in writing to our Winston-Salem Regional Office by June 15,
1989, stating what steps have been and/or will be taken to
eliminate the discharge and to prevent a similar violation
in the future.
Your cooperation in this matter is most appreciated.
Should you have any questions, please contact our Office at
[phone].
Sincerely,
M. Steven Mauney
Water Quality Supervisor
MSM/vm
cc: Dick Everhart
Surry County Health Department
Central Files
USRO 'Z'`#
Virginia State Water Control Board

r Rl�lf i�l�
NRCQ
i U N 2 0 1939
��• .._�..r-Salem
Rer oo,il0i"Ce
June 19, 1989
Dept. of Natural Resources and Community Development
Division of Environmental Management
8025 North Point,Boulevard Suite 100
Winston-Salem, NC 27106-3295
Attn: Mr. M. Steven Mauney
SUBJECT: Unpermitted Waste Waste Discharge
Radford Dairy Operation -- Surry County
Dear Mr. Mauney:
I have been visited by the District Soil Conservationist and
Conservation Engineer. They have given me their reommendations
and solutions to the problem. Their solutions are to repair
the concrete curbing to eliminate solid waste run-off and to
clean the existing seepage ditch and extent this ditch to take
care of run-off water. Providing this does not solve the problem
of solid waste run-off, they are planning a re -visit to help
design a solid's separator. I am planning to complete the
repairs to the curbing and the cleaning of the ditch as soon as
weather permits.
If you need further information or have any questions on progress,
please contact me by letter or at either of the phone numbers
listed below.
Thank you for your advise and concern on alleviating this
problem.
Si cerely,
Roger Dale Radfor
P. 0. Box 98
Claudville, VA 24076
[phone]
[phone]

COMPLAINT"REPORT
DIVISION OF ENVIRONMENTAL MANAGEMENT
WINSTON--SALEM REGIONAL OFFICE DATE 19 �(
TIME am
m
NAME OF CALLER:
ADDRESS:
Street P.O. Box
Cary
TELEPHONE NUMBER:
POINT OF POLLUTION:
Zip
DIRECTIONS:— s Z--
SOURCE OF POLLUTION:
14 A T U R E OF CALL: T z7�
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REPORT'REFERRED TO:
IMMEDIATE ACTION TAKEN:

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COMPLAIN r R.EPORT
DIVISION OF VMR0I+1Mrlr`TAL HANAMIWT cdlL agcx cN
VINSTON-SALEM REGIONAL OFFICE DATE:. 7o, i 19 c 5
TIM; am
SAME OF CALLER: 5 +01liL c 4, pm
ADDRESS:
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TELEPHONE NUMBER:
POINT OF POLUTTION:
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From: - /aIjAr
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Health, and Natural Resources ��
Prmred on Recycled Paper
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ATTACHMENT C-1
Notices of Violation and Letters Sent To The
Landowner and Operator of the Radford Dairy

State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
1�•
r
�EHNR
DIVISION OF ENVIRONMENTAL
MANAGEMENT
December 5, 1995
CERTIFIED MAIL #P-536 316 621
RETURN RECEIPT REQUESTED
Roger Dale Radford
PO Box 98
Claudeville, Va. 24076
SUBJECT: Notice of Violation
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Radford:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities, accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste levels and structural integrity of the waste lagoon as well as
overall waste handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Silverleaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
sources of runoff pollution.
585 Woughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 60% recycled/ 10% post -consumer paper

Roger Dale Radford
December 5, 1995
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 10, 1995
concerning reports of animal, waste getting into the creek. Emptying waste from the lagoon
should be incorporated into your farm's management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25
year-24 hour storm event which could cause an overflow if adequate lagoon storage is not
available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1. Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about how to handle these problems, please contact the Surry Soil and
Water Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before January 22, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. if the Winston-Salem Regional
Office has not been contacted by you or a Surry County representative by January 22, 1996, a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns, please do not hesitate to contact Allan Smith or Steve Mauney at (910) 771-
4600.
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County SWCD
Surry County NRCS
Compliance/Enforcement Group
Central Files/WSRO

State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
February 21, 1996
CERTIFIED MAIL #P-536 316 674
RETURN RECEIPT REQUESTED
Sherman Anderson
3279 East Pine Street
Mt. Airy, North Carolina 27030
SUBJECT: Notice of Violation
1�•
E:)aHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Anderson:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected the animal waste facilities at the dairy farm operated by Roger Dale Radford
located on your land. A representative of the Surry County Natural Resources Conservation
Service accompanied Mr. Smith on the inspection. The inspection was conducted in order to
determine the waste levels and structural integrity of the waste lagoon as well as overall waste
handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Silverleaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
sources of runoff pollution.
585 Woughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10% post -consumer paper

Sherman Anderson
February 21, 1996
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 10, 1995
concerning reports of animal waste getting into the creek. Emptying waste from the lagoon
should be incorporated into Mr. Radford's farm management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will offer protection against
the 25 year-24 hour storm event which could cause an overflow if adequate lagoon storage is
not available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1. Steps must be
taken immediately to remedy the problems associated with animal waste runoff. Mr. Roger
Dale Radford has been issued a Notice of Violation (NOV) concerning the problems
associated with the dairy farm. However, Mr. Radford has not responded to the Division of
Environmental Management or the Surry Soil and Water Conservation District. Since Mr.
Radford refuses to respond and cooperate with the appropriate government agencies, the
responsibility for animal waste containment and pollution prevention of the nearby streams
falls onto the legal landowner of the property. If you have any questions about how to handle
these problems, you should contact the Surry Soil and Water Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before March 15, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by March 15, 1996, a follow-up inspection may be conducted.
Please be aware that continued violations could subject you to enforcement action with the
possible assessment of civil penalties of up to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns, please do not hesitate to contact Allan Smith or Steve Mauney at (910) 771-
4600.
Sincerely,
/,hl /��, -/-2L
F� Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County S WCD//Surry County NRCS
CompliancelEnforcement Group//Central Files//WSRO

State of North Carolina
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, V a. 24076
SUBJECT: Animal Waste Management
Radford Dairy Farm
Surry County
Dear Mr. Radford:
1�•
IL
IDP-HNF:;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
On February 28, 1996 1 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 (MRCS). 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 Woughtown Street, Winston-Salem, North Carollna 27107-2241 Telephone [phone] FAX [phone]b31
An Equal Opportunity Affirmative Action Employer 60%►ecycled/ 10% post -consumer paper 1145
l�

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,
No-,
Allan Smith
Environmental Technician
cc: Surry County NRCS
Mr. Sherman Alexander
Central Files/WSRO

Roger Dale Radford
Route 3 PoN 702
Stuart, VA 24171
March 12, 199C�
State of North Carolina
Department of Environnent
Health and Natural Resources
Win stop- Sainm Re8ional QffictE!
555 WauShtown Street
Winston-Salem, NC 27107-22al
Attn: Allan Smith
Subjento :'urinal Waste ManagenwLt
Dear Mx, Smith:
Dept. pt - 041
APR 1 6 196
k"I'linston-Sudem.
FIE, giom�' .1 1
I n
respsnoQ to
your letter
dated Fat7unry Z?,
IYV-5
regarding your visit
to the
- farm an
February 28,
lUt.
In
answer to
the
concern
of animal
waste enterina
Silverleaf Greek, we
51'0
in the
proces:E3 of
sto ppin`
thr-
cattle trom entering
the
creek.
The fence posts
have
bee-n
cut and
are ready to
be
set for
the fencing.
The fencin.
project
should be started
by April
1, 1996.
Concerning the stockpiling of solids mround the lagoon]
these will be removed -ns soon as possibie to the fie!-d-fE,
Thi:-z-, will 'be done before and during the corn planting. 07.-
will also be pumpiuE, the lagoon dlurinE. the m--':3nt.1,t5 of apt iJf
and May, This will also be applied to croplands,
When .he rea below the lagoon dries a little more,
will be able to seed with fescuf--_. This will also h:e done
along creek banke. This should be completed in April.
I have spoken with
YO.
Sicins
at. the SUrry
County
NBCS
about getting assistance
to
improve
the entrance
area
to
th-
holding to and curbing
nround
the
holding lot.
He
wi 1
L &D
disaussinj this with the
Director
to determine
how
and
ho�.-.
I I]"! C; !I t. 'n c Y ,, -7o I,,-" J" be a 1` I
t. (.-?
he I p,
WEI will need
to
have
th­_
fences completed before
any
heip would
be ovnilable
for
entrance area and curbLng.

Our future plans _on.sf t of seeking help from Soil
Conservation for dry -pact storage of anima' waste and Lave
the i, loon used exclusively my for wash -down water :end run-off
water from the lots, The lagoon should handle our herd size
wi tb Ev twice a year pump -down <spr in an --a fall) ' If the
safety level of the lagoon bee amEs questionable, we would be
able to pump more often,
i3 yo'i have nn f 71-4_ Liar -.conc.erns or ' L'e ='t loP.L , pl=''-��Lse
a. -soon cn=: pos=sibl . We remlize the setr iour_,ne== of
animal waste disposal and will do everything possible to
prevent the contamination of water soPplies.
` .ingerryely,
RogerL)ale Radford/
r
S ernan L. Anderson
cc: Surry County NRCS

JLL•-14-MS SS:34 FFDM W WATER SIT' ti CTION TG
Site Ra;dms famediate Attention -
PAC DiTy No.
DMSION OF E?MMOXWNTAL MANTAGEM EN-r
ANIA AL FEEDLOT OPERATIONS SITE VISITATION REOORD
DATE: &?- t3 1995
FarmF r--
blaMted Addzm:
cbwr- Sink,
PC tn,c gB CJAuAev ilrl.l,^ Zyor) (.c
Iutagrea m .D r ; it i (: C` n 5 Pbp�oe:
ot Site Re sertadve: 4Q af,• '"� �ODC: �03 - I
Phrs>cal AMmsVLaution: -
Type of Opem6m Swine �.. Pwd y �.. Lttac
Dedp Cgpaciry: Number of Axi=U cm Site: % m li et s I% dry
DEM Catfaadm Number: ACF_.___. DFM Caiif:uaoa Number. AOMW ______
G bs; 3 - c. -7 - Iz- -r C do Yes yr No
r—. - (U*. Aninsal Wastc Lag= have rWEdtat Buboud of 1 Foot + 25 year 24 boas storm rvent
(approzimately i Toot + 7 inches) Yes or 6 AruW Fmbmrd: -L--FL ,-„C)_ IWIM5
Was my SeepaSe obwvtd from the IagoWs)? �&vr No Wu my msiam obmrm 7 u No
Is adequam had evadable ins qny? ffwra No Is the taut carve adoquate? Ye.S cQ o
0*6) being tmliud:
Does the fwMry meet SCS =aaim= setback criteria? 2W Feat from DvCinpj' & or No
100 Feet % WtM? Ywcs m No
U the aims' waste sme4iled within 100 Feet of USGS Blue Unt Smm? Yes ar 15
•' Is aaiajsi waste land applied or spray irrigated within 2$ Fort of a USGS Map Blue lAm? Yes or &
Is anima, aastr ditch rgtd into *am of the sate by mat -made ditch, hushing sym= ar other
mar man -=ads &-Am? Yes or& If ytl, Piesse FVWU.
Does she facility maIntain edaquase waste m aigeraeat room& (volume: of mmmu m, land spgl t4
j�
ymy I rigatad bn sperif c a=up with cove a�op)? Yes or No
Ad&doaal Cmnmxm• l occo'c'na rn Irl P��1r1
6-2+ AP-;r boa,+'n� 4Q mdevv.1 L6c..enn _1,1[I� -t}Al 1,
s�
4 De W LI!SQC
iW x6
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k.;#s
ov FacMty AssGu=mUnit
Use AlachmCno if Nbeded
W.e• M r.

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Facility Number: S(a - 48
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date: 6-11-96
Time: l0 36
General Information:
Farm N
Owner
On Site Representative: Dak nn8 gra A _ 1Rc,�40A _ __Integrator:
Mailing Address:
C ICCA—eV. L ,Via 2901 �
Physical Addrt
y: SUrr
No: 703 c y -'71l Ll
Latitude: '9 �_ ` 13 z ' 1 5'3 ' Longitude: 80 c 1 z 6 ' 1 i 5• "
Operation Description: (based on design characteristics)
Type ofSwine No. of Animals Type of Poultry No. of Animals Type of Carrie No. of Animals
❑ Sow ❑ Layer .0"bairy
❑ Nursery ❑ Non -Layer U Beef
❑ Feeder
OrherType of Livestock Number of Animals:
Number of Lagoons: 1 (include in the Drawings and Observations the freeboard of each lagoon)
Facility Ir si,pection:
Lagoon
Is laQoon(s) freeboard less than I foot + 25 year 24 hour storm storage?:
Yes !
No ❑
Is seepage observed from the lagoon?:
Yes
No ❑
Is erosion observed?:
Yes!
No
Is any discharge observed?
Yes
No 0
.Tr Man-made 0 Not Man-made
Cover Crop
Does the facility need more acreage for spraying?:
Yes C3
No
Does the cover crop need improvement?:
Yes 0
No o
{ fist the corps which need improvemenrj
Crop type: ce rn Acreage:
oGS�urP_
Setback Criteria
Is a dwelling located withiri 200 feet of waste application?
Yes a
No.14
Is a well Iocated within 100 feet of waste application?
_Yes C3
No � �-
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream?fflary+ml) Yesjo No ❑
Is animal waste land applied or spray irrigated within 25 feet of Blue Lure Stream? Yes C3 No
P '_. ,Jan=ry 17,1"6 - _ -

Maintenance
Does the facility maintenance need improvement?• Yesv No ❑
Is there evidence of past discharge from any part of the operation? Yes,@ No
Does record keeping need improvement? QUA- Yes ❑ No Cl
Did the facility fail to have a copy of the Animal Waste Management Plan on site? IJ,4- Yes ❑ No ❑
Explain any Yes answers: k-Cledjy hez a s4or
Co n r1 r' f re A6 ,,, 0r
I a U P C 2e Q�r 1 r'� /1p A74,;n A!%t4 L02Ara
Signature: LU ka-,-
cc. Facility Assessment Unit
Drawings or Observations:
Date: L/, - //— 16
Use Attachments if Needed
.... . ...... .. . t 1 :.• 1. . 1...' r . .
AOI - January 17,1996

1. Inspection Date: June 11, 1996
2. Regional Office: WSRO
3. Name of Owner of Property and Current Address:
Sherman Anderson
3279 Fast Pine Street
Mt. Airy, North Carolina 27030
4. Name of Operator: Roger Dale Radford
5. Description of Facility Location: Take Hwy. 103 North to
Virginia, cross the State Line and take the first road,on
the right. The farm is at the end of this road.
6. Date facility -began operation: 1978
7. Date of last inspection: February 28, 1996
8. Has Facility Registered with DFM: Yes
9. Does the facility have an approved Animal Waste Plan: No
10. Has facility received a CAFO designation: No
11. Operation type: Dairy
12. Number of Animals: Milking 148
13. Length of confinement: Year round
14. Are crops or pasture sustained in normal growing season over
any portion of the facility? Yes
15. Types of Waste Management: Lagoon
16. Description of other animal operations in immediate
vicinity: None
17. Proximity of Facility to Neighboring houses, wells, etc.:
Dairy located at the end of a road with no immediate
neighbors
18. Groundwater depth: Unknown
19. Proximity of facility to surface waters: 100 feet
20. Was an Animal -Waste Discharge occurring during the
inspection: Yes
21. Are Pollutants discharge into waters of the State: Yes
22. Was the Subject Discharge caused by a 25 year/24 hour storm
event: No

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(ROGER DALE RADFORD DAIRY
`.'' ���" �•�%+,� ,.v -- - ,\ STREAM: Silverleaf
_ •}1;� +� �� _�"/'� J �,r, ` ���=�' � � �:� . Creek
Class C Trout
Roanoke River Basin
!ii�� \ 0��`: ❑SGS QUAD NAME. Claudeville Va—NC
USGS QUAD NO.. A17SW
�1 �1 •.
LATITUDE: 3S°•32' 5311 �.
Jj -•. /�; �� '�r ;,1f� .:-� -� -= LOPIQITUDE: 80" 28' 15511
Surry County
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CERTIFICATION PAGE
I certify that the information in this report is true to the best of my wledge.
Signature of Principal Investigator: �}
Date:
0/
ATTACHMENT F

NCDEHUNR
To: Dianne Wilburn
Through: Steve Mauney l'
From: Allan Smith IFY
Subject: Radford Dairy
Date: 960619
Please find attached a Draft Notice of Intent to Revoke Deemed Permit NOV for
Roger Dale Radford. The Radford Dairy operation has had animal waste problems for
years. The Surry County MRCS designed a new waste management plan for the dairy a
few years ago but the Radfords did not come up with their part of the cost share. MRCS
has little desire to work with this dairy again considering Its past history (I won't get Into
all the details). The Radfords put little or no effort into waste management; 1 am also
preparing an Enforcement Package for the direct discharge of animal waste into Waters of
the State (Sliverleaf Creek - Class C Trout).
You will note that one of the previous NOVs was sent to Sherman Anderson who
owns the land where Radford Dairy is located. The NOVs sent to Mr. Radford received
no response; however, when Mr. Anderson received an NOV, there was some concern
with Mr. Radford and a response soon followed.
If .you have any questlons please contact me at [phone] Ext. 272.

DIVISION OF ENVIRONMENTAL
MANAGEMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roger Dale Radford
Rt. 3 Box 762
Stuart, Virginia 24171
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
Radford Dairy
Farm Number 86-7/8
Surry County
Dear Mr. Radford:
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the subject
animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation
of your 2H .0217 Permit.
Personnel from the Winston-Salem Regional Office have inspected your dairy on April 7, 1989; May 9,
1991; and July 10, 1995 concerning reports of animal wastes getting into Silverleaf Creek; Class C Trout;
which runs through your dairy farm. Recent site visits on November 13, 1995; February 29, 1996; and
June 11, 1996 indicate that the problems with animal waste runoff have not been corrected. Your
response to the last Notice of Violation stated that many of the problems would be corrected by the end
of May 1996. However, the inspection on June 11, 1996 revealed that few attempts had been made to
correct any of the problems associated with animal waste entering the creek. Also, on the day of the
inspection, a wastestream was observed overtopping the animal waste holding pond and discharging
directly into.Silverleaf Creek.
In accordance with the requirements of NCAC 2H .0213, you are hereby given notice that sixty (60) days
following your receipt of this letter, the Division of Environmental Management intends to revoke your
permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Submit an approved animal waste management plan and have the attached certification form
completed. One copy of the plan must be sent to your local Soil and Water Conservation District. The
certification form and two (2) copies of your plan must be returned to the addreshelow:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535

Failure to comply with the above conditions will result in permit revocation and therefore, the existing
animal waste management system serving your animal operation will be in operation without a permit as
required by North Carolina General Statute 143-215.1.
Your approved animal waste management plan must explain how you will collect, store, treat and land
apply your animal waste in an environmentally acceptable manner. To assist you in the development of
this plan and to provide the required certification that the plan is acceptable, you should contact your
local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource
Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist
designated pursuant to the rules adopted by the Soil and Water Conservation Commission.
If we have not received the requested animal waste management plan and certification within 60 days of
receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to
$10,000 may be assessed and you may be required to apply for an individual nondischarge permit from
the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be
necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your facility,
please be advised that nothing in this letter should be taken as preventing the Division from taking
appropiate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Steve Mauney,
Water Quality Regional Supervisor for our Winston-Salem Regional Office at [phone] or Mr.
Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
Date
cc: Surry County Soil and Water Conservation District
Surry County Natural Resources Conservation Service
Jerry Dorsett - Regional Coordinator, NC DSWC
Lee Van Hoy - DEH - Milk Sanitation Branch
Compliance/Enforcement File
WSRO

UNITED STATES
DEPARTMENT OF
AGRICULTURE
Soil
Conservation
Service
Sublect: ENG-Dalry Waste Management
System -Roger D. Radford
Surry County, NC
To: Angela G. Jessup
Civil Engineer
USDA Soil Conservation, Service
Yadklnville, NC
4405 Bland Road Suite 210 .
Raleigh, North Carolina 27609
Telephone: [phone]
Date: August 18, 1992
File: 210
The subject design has been reviewed and is approved subject to the
following:
1. Show thickness of the concrete on sheet 5 of 38.
2. Be sure that the clay soil liner discussed in the soils Investigation is
properly Installed (sheet 18 of 38).
3. Sheet 21 of 38 under Sealing discusses the possibility of a liner. It seems
that 18 of 38 requires a liner. The two places should agree.
You and I have discussed some other Items such as sheet 14 whlch you have
already corrected, Five bluellne copies of the large drawings are enclosed.
If we can be of further assistance please advise.
Harry J. son
State Con rua n Engineer
Enclosures
cc: Tom Wetmore
Dick Everhart
Tommy Burchette

` State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
December 5, 1995
CERTIFIED MAIL 0-536 316 621
RETURN RECEIPT REQUESTED
Roger Dale Radford
PO Box 98
Claudeville, Va. 24076
SUBJECT: Notice of Violation
'F 1••
[DEHHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Radford:
On November I3, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities, accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste levels and structural integrity of the waste lagoon as well as
overall waste handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream, was flowing directly to Silverleaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
sources of runoff pollution.
585 Waughtown Street, Winston-Salem, North Carollna 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Roger Dale Radford
December 5, 1995
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 10, 1995
concerning reports of animal waste getting into the creek. Emptying waste from the lagoon
should be incorporated into your farm's management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25
year-24 hour storm event which could cause an overflow if adequate lagoon storage is not
available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215. L Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about how to handle these problems, please contact the Surry Soil and
Water Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before January 22, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by you or a Surry County representative by January 22, 1996, a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns, please do not hesitate to contact Allan Smith or Steve Mauney at (910) 771-
4600.
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County SWCD
Surry County NRCS
Compliance/Enforcement Group
Central Files/WSRO

State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
February 21, 1996
CERTIFIED MAIL 4P-536 316 674
RETURN RECEIPT REQUESTED
Sherman Anderson
3279 East Pine Street
Mt. Airy, North Carolina 27030
SUBJECT: Notice of Violation
1••
know
[DaHNFR
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Anderson:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected the animal waste facilities at the dairy farm operated by Roger Dale Radford
located on your land. A representative of the Surry County Natural Resources Conservation
Service accompanied Mr. Smith on the inspection. The inspection was conducted in order to
determine the waste levels and structural integrity of the waste lagoon as well as overall waste
handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Siiverleaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
sources of runoff pollution.
585 Waughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Sherman Anderson
February 21, 1996
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1959; May 9, 1991; and July 10, 1995
concerning reports of animal waste getting into the creek. Emptying waste from the lagoon
should be incorporated into Mr. Radford's farm management planso that at least 1$ inches of
freeboard is kept on a regular basis. This amount of freeboard will offer protection against .
the 25 year-24 hour storm event which could cause an overflow if adequate lagoon storage is
not available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215. L Steps must be
taken immediately to remedy the problems associated with animal waste runoff. Mr. Roger
Dale Radford has been issued a Notice of Violation (NOV) concerning the problems
associated with the dairy farm. However, Mr. Radford has not responded to the Division of
Environmental Management or the Surry Soil and Water Conservation District. Since Mr.
Radford refuses to respond and cooperate with the appropriate government agencies, the
responsibility for animal waste containment and pollution prevention of the nearby streams
falls onto the legal landowner of the property. If you have any questions about how to handle
these problems, you should contact the Surry Soil and Water Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before March 15, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by March 15, 1996, a follow-up inspection may be conducted.
Please be aware that continued violations could subject you to enforcement action with the
possible assessment of civil penalties of up to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns, please do not hesitate to contact AIlan Smith or Steve Mauney at (910) 771-
4600.
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County SWCD//Surry County NRCS
Compliance\Enforcement Group//Central Files/IWSRO

State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Leesha 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:
f®r)�7
10 MOM
E3EEHNFZ
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 (MRCS). 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 [phone] FAX [phone]
An Equal Opportunity AfflrmcMve Action Employer 50% recycled/ 10% post -consumer paper � � 7/�r
n/L_

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,
p4-1
a,
Allan Smith
Environmental Technician
cc: Surry County NRCS
Mr. Sherman Alexander
Central Files/WSRO

Roger Dais Radf or d
Route r' Pon 752
Stuart, VA 24171
pia r c h 12, 1996
State o± North Carolina
Depar j:.11lc;_nt of Environment
Health and Natural
Wzn5ton- ajem Regional Office
555 Waughtown Street
Winston-Salem, XC 27107-2241
Attn: Allan Smith
Subject: Animal Waste._ Management
Dear NY, Smith:
{ ; Lr O E IV EQ 4�
�l.a 0ept. of � .
APR 1 6 1996
V.1il+ston-SNOW
Fti2giG`rial OfflC3
In response to VL5r letter dated Fannary r''! 29, 19 s?
:r('goI'<=LiAg your visit to the :i.'xrm on February 28, 1990.
in answer to the o f]ncfc'I'n of animal waste enter.l nY
Silverinaf Creek, we- ?re in the process of stopping the
catt ie t rcn entering the -'reek. f'hr_ Bern,? po_stf_ htw ;r ! been
cut and are ready to be set for the fencinZ, The feRoinp
pro j ac t: shQuId. be started by April 1, 1996,
ConcenninS the s=tockpii.irlg of solids ground the latoEon,
t11c ,t� will be rerjove✓ d soon as -os ible to the f ie 1 .1
wJ-11 be d.onc befr-re and during the corn planting. w,2
will also be pumping thR lagoon during the months of April.
and May. This will also be applied to croplands.
idnen the are, Below the lagoon dries a little more, we
will b nee i fewcon. This will also c•e :brie
tib1.e to 4r�, h'i.t. � f�. t�� N,
,:Tong creek batiks, This should be iJompletei in April.
t
have spok n wrl,t r
Mn-.
: rQ1T3.s
�,- t. t7he Sorry
Co'unty
NFC,'
about letting 3ssiat y?=ce
to :cmpcove
the entrance
area
to
the
holding;
io . and curbing
5round
the
holding -_t
-G
will
0 --e
discussinS
this with the
Director
to determine
how
an
how
much theywould
be able
to
help,
We -Tall ;ie:=,-1
to
have
}H't
ZL_'TiC:S_s
completed 1-;;f37e
mny
help would
be 1nvailable
for
the
entranom
area and curbi.ng

01-1" fl.iture plan= _--)n s i-i: of-ee-kinf help from �Soii
C'on c.—vatiot'i for dirV--pnck-fi.,_r:nze cf f1--iIna 1 wafE5te arid have
the i4 Eoon ut��-,e 7 for 4:t4ft:_:p-dov-:Ti F:'�'r.er ;.�.nn,' run -of f
water from the iots, The h9Fdie- our herd line
witrti zt t i:p ye: r pti rp-rio: n t- }rin jn fail `. ?f the
wafnt.y :level of the lagoon ra one:. c}��v:�tioria�le, we would be
able to punsp more Often..
f'V� ?J �21.I��1 or question. '- you
:a17. l F-
:A -one :�� �i.s,iF-� We r�yIize t.h,� _``ri�a_f rle== of
1'
an i.nai waste iaispo:=.� 1. ari l ! do Possible to
pt.'event tree ct�r; :amizc t, iar� clwai.e,r suppld.e,s.
riu �i Dale Rad-fjord
"S}. ernaan L. Anderson
cc: Surry County NR S

-id-iOS SV34 Mm M bpTER Q$LITY SECTION TO MM P.22/e2
Site RegdMs b=Ddidt= AUradoa:
Facility No. +� +
VrM ION OF 1D%" RO?,MN"rAL MANAGEMENT
ANUAL. FEEDLOT OPERATIONS STM VISITATION RECORD
DAZE: Flo►'. IS 1995
Tie: : O p
Farm xawMwna-' R�- ; ry F. R er
bf-11to Addrem- J0 9t� 7-40
Sorry
On Site Raprastatadve: a 3r<<=1A Phone:E _H - i
PhytX Ad&=La.mdvn: On � / G 1���__
Type of Opauim: 6wim Poultry Cttat
• Design Capacity: Number of Awimals oa Site: �f [o m� I eta yG ry
DEM Cm fiaaaon Number: ACE,... DEFT Cartrfcaaaa Number: AC EW ..
I.aatt•AC: j 7 3,. 2'- Longiru&: ?0 - Z.,, S _'�0 5 Elevation• t
G be-P 3 - c. ti - 12 - ? DmIt Yes ar No
ram.. ;",.. An WLm Las= have sufficient freeboard of I Foot + 25 year 24 bow sum romt
(approximasaly I Foot + 7 inchts) Yes or tq A=e F cboe d- _C_ „ YL _C�_ bhzs
Vas any seepage obscr+ed from the lagoon(s)? 49or No Was say aasias observed?��r No
Is adagnaa Ind milable fate spray? fffor No Is the wvcz crop adcquan? Yes er4§
chyp(s) being trdumd:
Does the facility met SCS mdrdmum setback rsittia? 200 Fort fr= Dr Oliupj' & as No
100 Faet fr= WtUs? Y m No
h the animaunite swATBed within 100 Fat of USGS Blue Lint Sv=? Yes or �a
•' Is mlcw wu w lmd applied cc spray irrigated within 2S Fact of a USGS Mq Blue Line? Yu cc j
Is animal waste discharged into waters oftbe sate by aw-made ditch, fiusbing sysvm, or other
shr Zu nun -made d -Ams? Yes or&o If Yes, Fltue F.:t wu.
Does the fscMry mtstaia sdequttc waste n=tgtracat reowds (volumes of nmum. ?and applied,
gmy h-ipmd oa q=Mc barrage witb cave c mp)? Yob or No
Additional Cvra=*m. —( �fzr iAM e Llr S nLC_ ib- Ong sn 4e -Aaq_ S in DeC� �f1_
I�
4'
; AtS
em Fact `sy IR.s3Ctimcaat Vffit
Use Atacbmt2ts if Needed
grvvo - r.

32'3�"
,': k 1 i ' , /' I t ran l[I',1 •w.$.'., /,f
/ 1 ! � '\ f i ! Nnt.•h:•r.�. � 'hj � �,1'� r I , '"� 1. • r !I
rw
+ } 1 � � \ f .� � ('I,wlr•I' r p •�In,Tl"'i, �►+t / i [ 1
r�• r�
Roger Dale Radford
85-7/$
74
L. .f� i . •Hr �— 1 R �i..
•C ' II
{ 1 t r[`:� Oe / Iti , �: •` to
)A"ASYIII
Dilli.on Dolly
II• � r i ,�� '� t l
f�
rf,
111,a � . ' I •• r ' a
►1t Ildrnrwn-1
_ n /� ) 1 S` � jirr•(J.rtr�~ j, ,If" nr �1 I� t
( \ ``
,V
5-7� pil1�• �� ��N' /' `'� 'L•-�, 1! i '" rSi Y7• r 'r+ , f,�1 >'1}, .r��� C�1,'� ��.i { �Vl���[ rl
)01
.n ", � /(1 ` r'� �1 ' : � .�,; t. �' r ISNI + I r � p r 4 -, • it � � S � �!/q' l r �� 1, f /
All
a q�(_ ��� Plf r�_ .. �;. '''' ' _.� ..'Illy --1','�•�� ,. � , �\ I ` C iy � � •f ! , . - ; F'1 "., �'.f, �I� I f 1 '
f CLAUDEVILLE VA -NC
A17 SW
`. F,�` 4 1. .I :I '..r. `-_� � •'�' 1' \. #r.� \\) 1 . Vr77

Facility Number: �(o #
Division of Environmental Management
Animal Feedlot Operations Site visitation Record
Date: 6-//-96
Time: 1D •'3D
General Information A
Farm N
Owner
On Site Representative: i7a1 - &Ads ROAD Integrator:
Mailing Address:_
Physical
Y:-- Surry
No: 703 4-71l4
Latitude: S (o / 3 Z / S3 ' Longitude: 86 ° I Z
OReration Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow ❑ Layer 'Emairy-t-
Z) Nursery ❑ Non -Layer ❑ Beef
Z3 Feeder
OtherType of Livesioclt Number of Animals:
Number of Lagoons:�(include in the Drawings and Observations the freeboard of each lagoon)
Facility Inspectii n:
Lagoon
Is lagoon(s) freeboard less than 1+foot + 25 year 24 hour storm storage?:
Is seepage observed from the lagoon?:
Its erosion observed?:
Is any discharge observed?
.# Man-made Q Not Man-made
Cover Crop
Does the facility need more acreage for spraying?:
Does the cover crop need improvement?:
( list the crops which need improvement)
Crop. type: Co m Acreage:
rt 7
Setback Criteria
Is a dwelling located within 200 feet of waste application?
Is a well located within 100 feet of waste application?
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Mar3lro
Is zni nal waste land applied or spray irrigated within 25 feet of Blue Line Stream?
A_,]X — 1anu2ry 17,1996
Yes o
No ❑
Yes
No ❑
Yes l
No ❑
Yes ,O
No ❑
Yes ❑
No o
Yes ❑
No O
Yes ❑
No)4•
-Yes ❑
No 94 -
Yes
No ❑
Yes ❑
No

Maintenance
Does the facility maintenance need improvement? YeSX No ❑
Is there evidence of past discharge from any part of the operation? Yes)4 No ❑
Does record keeping need improvement? AIA- Yes ❑ No
Did the facility fail to have a copy of the Animal Waste Management Plan on site? /UA- Yes ❑ No ❑
Explain any Yes answers: r' l'� h�S a r1is �� cam :ja,' a^d
l a of4 ZlumgedeqLee ee oa not ma,;, IL4 f Q6t' A a
Con 5-, 'f errf I S 'W' d &�s
Signature: Date: G
ec. FaciIity Assessment Unit Use Attachmenu if Needed
Drawings or_ Observations:
AOI — January 17,1996

1. Inspection Date: June 11, 1996
2. Regional Office: WSRO
3. Name of Owner of Property and Current Address:
Sherman Anderson
3279 East Pine Street
Mt. Airy, North Carolina 27030
4. Name of Operator: Roger Dale Radford
5. Description of Facility Location: Take Hwy. 103 North to
Virginia, cross the State Line and take the first road on
the right. The farm is at the end of this road.
6. Date facility -began operation: 1978
7. Date of last inspection: February 28, 1996
8. Has Facility Registered with DEM: Yes
9. Does the facility have an approved Animal Waste Plan: No
10. Has facility received a CAFO designation: No
11. Operation type: Dairy
12. Number of Animals: Milking 148
13. Length of confinement: Year round
14. Are crops or pasture sustained in normal growing season over
any portion of the facility? Yes
15. Types of Waste Management: Lagoon
16. •Description of other animal operations in immediate
vicinity: None
17. Proximity of Facility to Neighboring houses, wells, etc.:
Dairy located at the end of a road with no immediate
neighbors
18. Groundwater depth: Unknown
19. Proximity of facility to surface waters: 100 feet
20. Was an Animal Waste Discharge occurring during the
inspection: Yes
21. Are Pollutants discharge into waters of the State: Yes
22. Was the Subject Discharge caused by a 25 year/24 hour storm
event: No

�
| ~-
--------�i -------'-- --

Division of Water Qudq
MEMO From: rl,?" h o • � Date:
`�. r 7�ve - _ -t— Subject:
�Y, c.�"D,', �.�e { l
Cio,,— -\-/ 4.q-1, v
RECEIVED
N.C, Crept. of EHNS
AUG 2.6 1997
Winston-Salem
Regional Office
jM,q-14� s 'heve
gYJelor.
— f_1
AGRA.
IDEHNFR
Harsh Carolna Department of Fmrirmmeat, Beaith aad AaWil Ream
['e 4',^ r k 4
�Qt � F�r�
PO BOX 29535, Raleigh, North Carolina E765-0535 / Phone: [phone]

State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
August 26, 1997
Sheriff David E. Hubbard
Patrick County Sheriff's Department
P.O. Box 128
Stuart, VA 24171
Subject: Request for Service
Dear Sheriff Hubbard:
Air,
�' M� WA
ro
•
�EHNR
DIVISION OF WATER QUALITY
--Water Quality Section --
Enclosed is a Request for Service and attached papers to be served on Roger Dale Radford
at the address listed on the Notice. Please send a bill for the services with the. return papers.
If you should have any questions or require additional information, please contact Jenny
Rankin at [phone].
Sincerely
Larry D. Coble
Regional Supervisor.
Attachments
585 Waughtown Street, FAX [phone]
Winston-Salem, North Carolina 27107-2241N0f An Equal Opportunity/Afflrmative Action Employer
Voice 910-771-4600 50% recycled/10% post -consumer paper

k
STATE OF NORTH CAROLINA
COUNTY OF SURRY
In the Matter of the Notice )
of Regulatory Requirements )
Title 15A NCAC 2N )
TO: Sheriff, Patrick 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
Radford Dairy Farm
Route 3, Box 762
Stuart, VA 24171
This the 26th day of August, 1997.
RETURN OF SERVICE
place:
Larry D. 6ble, Regional Supervisor
NCDEHNR
585 Waughtown Street
Winston-Salem, NC 27107
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
(Fill in address where copy delivered)
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
Patrick County, Virginia
Paid , Deputy
By:
(Date)

Didsion of Water QH#
MEN homt�L/,7� Date;
Subject:
�!'] � S G / 1/ � � G� S.se Ss r. � r1 � l.,� o, S i2 �`�• r ,., � C)
CIO --a'-/ 4-0-kvA-
RECEIVED
N.C. Dept. of EHNIR
AUG 2.6 1997
-fi-�, ; s_ �o �-

State of North Carolina
Department of Environment, • •
Health and Natural Resources
Division of Water Quality
AM
James B. Hunt, Jr., Governor"'""""' N F1
Jonathan B. Howes, Secretary
A.' Preston Howard, Jr., P.E., Director
July 30, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roger Radford
Radford Dairy Farm
Route 3, Box 762
Stuart, VA 24171
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
NCAC 2H .0217
Surry County
Farm #: 86-008
File No. DD 96-024
Dear Mr. Radford:
This letter transmits notice of a civil penalty assessed against Sherman Anderson and
Roger Radford in the amount of $2,743.00 including $743.00 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health,,and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 509a' recycled/10% post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage.
resulting from the violation;
(c) the violation was inadvertent or a result of an accident; '
(d) the violator had been assessed civil penalties for any"previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
•'
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
�n A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Winston-Salem Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

i
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the
day of , I9_.
ADDRESS
TELEPHONE
SIGNATURE
C

D. The above -cited discharge is a violation of the nondischarge permit.
E. Sherman Anderson and Roger Dale Radford may be assessed civil penalties in this
matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than ten thousand dollars ($10,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed, jointly and severally,
against Sherman Anderson and Roger Dale Radford pursuant to G.S. 143-215.3(a)(9)
and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,1 make the following:
III. - DECISION:
Accordingly, Sherman Anderson and Roger Dale Radford are hereby assessed jointly and
severally a civil penalty of:
$ Coe, for discharging wastes to the waters of the State in violation of 15A
NCAC 2H .0217.
$ ���• v TOTAL CIVIL PENALTY, which is Z percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ $743.00 Enforcement costs.
$ —Z- 7 t/ 3 • `r° TOTAL AMOUNT DUE '
As required by G.S. •143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
�7
(Date) A. Preston Howard, Jr., P.E., Director
`Division of Water Quality

A
WAR - & LAND SECT I Ohl x :919=716=6766 Jan 249 : 44
P. 02
ROY COOPER
ATTORNEY CiFNPRAL
State of North Carolina
Department of Justice
R O. Box 629
RALEIGH
27602-0629
January 24, 2003
Ms. Doris Haas
Clerk Superior Court
Surry County
P.C. Box 345
Dobson, North Carolina 27017
Reply to: Arh& LeVeaux
Envirorunental Division
Tel: [phone]
Fax: [phone]
a][e-mail]
Re: State of North Carolina, ex. rel., William G. Ross, Secretary, North Carolina
Department of Environment and Natural Resources v. Roger Dale Radford
Case No. 01 CVS 650
Dear Ms. Haas:
Enclosed is the original and one copy of a Voluntary Dismissal. Please file the dismissal
and return the copy in the enclosed self addressed envelope. If you have any questions please feel
free to contact me at the above address.
lltd
Enclosures
cc: IIugh B. Campbell, III wlenclosure
Sincerely,
�l
Letitia DeHoney
Assistant to Anita LeVeaux

WATER & LAND SECTION Ox:919-716-6766
Jan 24 i 9:44 P.01
N 1
z
From the dcsk of..
C O Y E Letitia T. DeHooeY
PrO and ASS1Stant
Department orJusticc
P. Q. Box 629
S H E ET 'Cal: (919716-6974
1 Fax: (919) 7 i 6-6766
Idchoney(i�nail j usstalr,nC,U
Fax
To- Melissa Rosebrock
Fax No.: (Programmed)
Subject: State of North Carolina, et at. rv. Roger Dale Radford
Date: ,January 24, 2003
Pages: 4 (including cover sheet)
COMMENTS:
For your file.

ri
'ar
WATER & LAND SECTION •ax:919-716-6766
Jan 24 • - 9:44 P. 03
4-
STATE OF NORTH CAROLINA
COUNTY OF SURRY
STATE OF NORTH CAROLINA, ex rel.,
WILLIAM G. ROSS, SECRETARY, NORTH
CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES,
V.
ROGER DALE RADFORD,
Plaintiff,
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
01 CVS 650
Defendant. ) .
VOLUNTARY DISMISSAL'
PLEASE TAKE NOTICE that tho plaintiff hereby voluntarily dismisses this action
pursuant to Rule 41(a) of the Rules of Civil Procedure.
A
This the OW day of January, 2003.
ROY COOPER
Attorney General.
By
Anita LeVeaux
Assistant Attorney General
N. C. Department of Justice
Environmental Division
P. O. Box 629
Raleigh, NC 27602-0629
[phone]

WATER & LAND SECTION Ox:919-716-6766 Jan 24 '6 9:45 P.04
CERTIFICLU OF SERVICE
This is to certify that I have this day served a copy of the foregoing NOTICE OF
VOLUNTARY DISIVUSSAL on the attorney of record for the defendant by depositing the copy in
the United States Mail, first class, postage prepaid, addressed as follows -
Hugh B. Campbell, III
Gardner, Gardner & Mills
304 Franklin Street
P.O. Box 866
Mount Airy, N.C. 27030
This the N day of January, 2003.
RO'Y COOPER
Attorney General
lay
to LeVeaux
Assistant Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
April 19, 2000
MEMORANDUM:
To: CoIeen Sullins
From: Larry D. Coble
Subject: Notice of Violation/Recommendation for Enforcement
Radford Dairy #86-8
Surry County
The attached documents represent several years' worth of Radford Dairy's non-
compliance, non -cooperation and unpermitted discharges of wastewater into Silverieaf
Creek in Surry County. It is our understanding that Mr. Radford still owes more than
$2,500.00 for a Civil Penalty assessment in July 1997.
The attachments document at least four unpermitted discharges to Silverleaf Creek,
at least four additional instances of an overflowing waste storage pond and numerous
complaints received by our office regarding the reports of waste in the stream originating
from this facility. Please acknowledge the opportunities and efforts by this office to
encourage Mr. Radford to maintain adequate freeboard and to also seek the assistance of
the Surry County field office in dealing with these matters. Note the 1996 letter from Mr.
Radford to the Winston-Salem Regional Office stating his plans for keeping the waste
storage pond pumped down, removing stockpiled solids, and for using the waste pond for
only wash -down and lot run-off waters. Note also the reports of the lagoon overtopping at
least seven times since his response letter.
The Winston-Salem Regional Office recommends that the Division seek, at
minimum, a temporary restraining order. This request is based on the facility's lack of
compliance and cooperation since 1988 and the most recent site visits conducted on March
30 and April 3, 2000 when the waste storage pond was observed to be overtopping again.
The Winston-Salem Regional Office considers this facility to be a continuing, immediate
threat to the environment. We request that you initiate appropriate action from your office
and forward the package to Tommy Stevens for his review.
Please contact Melissa Rosebrock in our office at [phone] x 265 for any
additional information you may need.
Attachments
cc: DWQ - Non -Discharge Compliance and Enforcement Unit
Surry County Soil and Water Conservation District
Rocky Durham —Mooresville NCDEHNR Regional Engineering Office
Lee Van Hoy -Regional Milk Specialist
Earl Sheppard -NC State Veterinarian -Department of Agriculture
WinstonS.al mlRegianalrOfficaelFaci'lity-Fi�ie
Central Files
565 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST -CONSUMER PAPER
tk e

State of North Carolina
Department of Environment
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
1�•
Admo
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 25, 1998
RE: Request for Payment of Civil Penalty
File No. DD 96-024
Surry County
Farm #: 86-8
Dear Mr. Radford:
RECEIVEr)
N.C. Dept. o3 EHNA
S EP 3 9 1998
R�.;,,ijt ali o fic9
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 letter 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 [phone] ext. 581 or Steve Lewis at [phone] ext. 539.
Sincerely,
ennis R. Ramsey, P.E., Assistant Chief
-11�0� Non -Discharge Branch
cc: tDWQ Winstdn-Saiem.Regional-Office
Shannon Langley
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 12, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roger Radford
Radford Dairy Farms
Rt 1 Box 223-A
Claudville VA 24076
* )VA
4 03
A*iVI
A-% !!=
Adftm
NCDENR
NORTH CARoUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Dept. of 8HNS
J U N 15 1998
Minston-Salem
Regional Office;
Subject: Second request for Status Update ,
Certified Animal Waste Management Plan
Radford Dairy Farms
Facility Number: 86-8
Surry County
Dear Roger Radford:
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1,1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
In a letter dated February 11,1998, received by you on March 2, 1998, this office advised you that we
had no record of having received the required Certification for the subject facility. Our letter further
requested that you provide this office with an explanation as to why this Certification was not submitted as
required. This explanation was due by April 1, 1998. To date we have received no response from you.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may eater into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal opportunity Affirmative Action Employer 50 % recycled110 % post -consumer paper

Also attached is a foam (Form RR 2/98) that MUST be filled out if the facility is no longer in operation or is
below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H .0217(a)(1)(A).
Please respond within 10 days of your receipt of this letter and submit all responses to this matter to the
following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Boa 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. if you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
�Q&P&ona190ff C
Shannon Langley
Central Files
P.O. Box 29535, Raleigb, Nortb Carolina 27626-OS3S Telepbone 919-733-5083 Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roger Radford .
Radford Dairy Farm
Route 3, Box 762
Stuart, VA 24171
Dear Mr. Radford:
A4va
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 23, 1998
RE: Payment Schedule for Civil Penalty,
Case #: DID 96-024
Farm #: 86-008
Surry County
You have requested a schedule for making partial payment toward the $2,743.00 civil
penalty assessed by the Remission Committee of the Environmental Management Commission on
April 9, 1998. The Department is agreeable to entering into an agreement with you through which
regular payments will be made beginning on June 1, 1998 and continue through May 1, 1999.
You agree that beginning in June 1, 1998 and continuing to April 1, 1999, to pay to two hundred,
twenty eight dollars and fifty nine cents ($228.59) each month and by May 1, 1999 to pay the
remaining balance of two hundred, twenty eight dollars and fifty one cents ($228.51). You should
make the payments by checks made payable to the Department of Environment and Natural
Resources and mail them so they are received by the 1 st of each month.
Failure to make the monthly payments in accord with this schedule of payment will cause
the entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
Your mailing envelope should be addressed as follows:
Attn: Dennis'R. Ramsey
Department of Environment and Natural Resources
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Jr,
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

0
If you agree with the terms of the schedule of payments, you should indicate your
acceptance by signing the attached civil penalty assessment payment schedule in the space
provided and returning the signed copy with the first payment.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Enforcement File DD 96-024
Larry Coble -Winston-Salem Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper

• �. �4�1 •
REPLY TO: Francis W. Crawley
State of North Carolina Environmental Division
[phone]
MICHAEL F. EASLEY Department of Justice (919) 6-6767�
ATTORNEY GENERAL P. O. BOX 629 C C't-���»
RAL_EIGH }, • Dept. ci� C.HNA
27602-0629 APR 2 2 1M
April 20, 1998 W. ston-Salem
tonal office
Roger Dale Radford CERTIFIE6-MAIi;
Route 3 Box 762 RETURN RECEIPT REQUESTED
Stuart, Virginia 24171
RE: Assessment of Civil Penalties Against Roger Dale Radford
DD 96-024 Surry County
Dear Mr. Radford:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision
document.
Accordingly, you must submit payment of the civil penalty assessment and investigative
costs to the Department of Environment, Health, and Natural Resources within 30 days of receipt
of this final agency decision by mailing a bank or certified check. The check should be made
payable to the Department of Environment, Health and Natural Resources and .the mailing
envelope addressed as follows:
Robert Sledge
Water Quality Section
P. O. Box 29535
Raleigh, North Carolina 27626-0535
. If you fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commenced in Superior
Court.
Very truly yours.
Francis W. Crawley
Special Deputy Attorney General
Commission Counsel
FWGso
Enclosure
cc: Robert Sledge
24205
r

•
STATE OF NORTH CAROLINA
COUNTY OF SURRY
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION - .}
DD 96-024
IN THE MATTER OF: ) APR 2 0 1998
Assessment of Civil Penalties } FINAL DECISION
Against }
ROGER DALE RADFORD }
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. § 143-215.6A and § 143B-282.1,
on April 9, 1998, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against Roger
Dale Radford in the amount of $2,743.00 ($2,000.00 plus $743.00 investigative costs). Roger
Dale Radford's request for remission was presented to the Committee on Civil Penalty
Remissions for consideration. The Division of Water Quality was represented by Mr. Larry
Coble, Regional Supervisor in the Winston-Salem Regional Office, and Roger Dale Radford
appeared in person.
Having considered the record, arguments of the parties, and the factors set forth in
N.C.G.S. §143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts
contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated
by Roger Dale Radford, that the findings of fact support the conclusions of law, and that the
Director properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the
amount of the civil penalties. The Committee further finds that there are no grounds for

. 2
remission or reduction of the penalties assessed by the Director for violation of G.S. 143-215.1
by discharging animal waste from a lagoon to the waters of the State in violation of the
nondischarge permit the facility was deemed to hold. Upon duly made motion and vote, the
Committee finds that the assessment of civil penalties and costs in the amount of $2,743.00
should be upheld and recommends the Secretary or Director enter into an enforceable agreement
for payment of the penalty over a period of months..
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties in the amount of $2,743.00 against Roger
Dale Radford is AFFIRMED.
2. That this Final Decision and Order be served upon Roger Dale Radford and upon
receipt hereof, the amount of $2,743.00 be paid to the Department of Environment and Natural
Resources within thirty days or such greater period as is agreed upon by the parties and contained
in an enforceable written agreement.
This the /O'Wday of April, 1998.
David if Moreau, Chairman
Environmental Management Commission

.�� • 3
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION
on the parties listed below by the methods indicated:
Roger Dale Radford
Route 3 Box 762
Stuart, Virginia 24171
Larry�Co661 _
Regional Supervisor
Winston-Salem Regional Office
Department of Environment
and Natural Resources
585 Waughtown Street
Winston-Salem, North Carolina 27107
This the % day of April, 1998.
24081
CERTIFIED MAIL
RETURN RECEIPT
U.S. MAIL
MICHAEL F. EASLEY
Attorney General
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600

State of North Caro
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
- L ".4
'jArjR ��
EDENF1
I-
February 27, 1998
CERTIFIED MAIL
RETURN CEIPT REQUESTED
Roger Dale Radford
Radford Dairy
Rt. 3, Box 762
Stuart, VA 24171
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N. C. G. S. 143-215.6A(f)
File Number DD 96-024
Facility #: 86-008
Surry County
Dear Mr. Radford:
RECEIVM)
N.C. Dept. Of EHNR
MAR 0 4 1998
Winston-Saleml i
Regional office. 1
Your request for remission has been placed on the agenda for the March 12, 1998,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). You should arrive no later than 11:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Page')
February 27, 1998
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Shannon Langley,of our staff, at [phone], ext.581.
Sincerel
A. Preston Howard, Jr., P.E.
cc:-DWQRegionaliOffc-e
Enforcement File
Central Files

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCES
WINSTON-SALEM REGIONAL OFFICE
DIVISION OF WATER QUALITY
February 20, 1998
CERTIFIED MAIL 4 P-536 310 612
RETURN RECEIPT REQUESTED
Mr. Roger Radford
Radford Dairy Farms
Rt 1 Box 223-A
Claudville, VA 24076
SUBJECT: Notice of Violation
Facility No. 86-8
Surry County
Dear Mr. Radford:
The purpose of this letter is to summarize the follow-up inspection of your
dairy on February 17, 1998. Jenny Rankin and Mike Mickey of the Winston-Salem
Regional Office and you were present for the inspection.
Upon arriving at the facility, they observed that the storage pond did not have
adequate freeboard as required by the Title 15 A, North Carolina Administrative Code
2H .0200 regulations. The appropriate amount of freeboard for a storage pond is about
18 inches. This means that there should be about 18 inches between the lowest point
of the storage pond and the top of the liquid level in the pit. On the day of the
inspection there was absolutely no freeboard and the storage pond was discharging.
The waste was flowing out of the side of the storage pond and down into a man-made
diversion ditch. This ditch conveyed the overflowing waste and some runoff from the
barn lot to a field where the water was intended to dissipate over the land. On the day
of the inspection some of the diverted waste and runoff was reaching the stream.
Please be advised that any non -permitted discharge of any type of wastewater
to the waters of the State is illegal as per North Carolina General Statute 143-215.1.
Enforcement actions will be taken if you have an illegal discharge. Also if the
freeboard of the storage pond is not lowered to the adequate level you will receive
future Notices of Violation. Please be aware that continued violations could subject
you to enforcement action with the possible assessment of civil penalties of up to
$10,000 per day per violation.
S85 WAUGHTOWN STREET, WIN9TON-5ALEM, NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50'j( O RELCYCLED//10% PST-CCO/NEUMER PAPER
40K;:/�r 1

Mr. Roger Radford .
February 18, 1998
Page #2
The man-made diversion ditch should only be a temporary solution to'the overflowing waste
problem. The storage pond needs to be pumped down so that it has adequate freeboard.
Attached is an inspection form for your reference. It lists some other deficiencies that
need to be corrected and possibly addressed in your Certified Animal Waste Management Plan
(CAWMP). Please contact the Surry County Soil and Water Conservation District to help you
prepare your CAWMP and if you have any questions on how to correct the deficiencies noted
in the inspection report.
Please notify the Winston-Salem Regional Office within 10 days of receipt of this letter
as to the actions proposed to be taken to resolve the deficiencies noted on the inspection form.
A schedule of when these corrections will be made should also be included. Please be aware that
nothing in this letter should be taken absolving this facility of the responsibility and liability of
any violations that have resulted or may result from these deficiencies.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please contact Jenny Rankin or Steve Mauney at [phone].
Sincerely,
cla� 0
Larry D. Coble
Regional Supervisor
cc: Shannon Langley
Sherman Anderson
Tony Davis
Lee Van Hoy
Central Files
WSRO

Facility Number Date of Inspection 2718798
Time of Inspection L 10-00
24 hr. (hb:mm)
N Registered p Certified p Applied for Permit p Permitted in Not I)ate Last Operated:
Farm Name: Radfor Dairy.Farms................................................................................ County: Surry WSRO
t
OwnerName: Roger ...................................... Etadfard ..................................................... Phone No: B1.1314 ...................................................................
FacilityContact: Roger. Radford..............................................Title:............................................................... Phone No:....................................................
Mailing Address: RU..bax.223. A...................................................................................... ClaudAlle.YA........................................................ 2407G..............
OnsiteRepresentative: .......................................................................................................... Integrator:.......................................................................................
Certified Operator: .................................................. .............................................................. Operator Certification Number:
.........................................
Location of farm:
Q . eastern. urr. Aun y,. ...mi e.a e. oa .. ..ai. kate, na......................................................................
:......:.............................
II.w
1
Latitude ®•©' ©" Longitude
Capacaty Po
13 Wean to Feeder
p Feeder to Finish
[3 Farrow to can
p arrow to Feeder
13 Farrow to Finish
p Gilts
13 Boars
p Layer
p Non -Layer
ter
General
1. Are there any buffers that need maintenance/improvement? ® Yes p No
2. Is any discharge observed from any part of the operation? ® Yes p No
Discharge originated at: ® Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? N Yes 13 No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ® Yes p No
c. If discharge is observed, what is the estimated flow in galhnin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ® Yes p No
3. Is there evidence of past discharge from any part of the operation? ® Yes p No
4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ®No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ® Yes p No
maintenance/improvement?
t. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ®No
7. Did the facility fail to have a certified operator in responsible charge? ® Yes p No
7/25/97

Facitity f4umber: 86_8 Which
8. Are there lagoons or storage ponds on need to be properly closed? p Yes H No
Structures (Lagoons,Holding Ponds Flush Pits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate? H Yes p No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
..-Identifier: 1
Freeboard(ft):................0................................................................................................................................................................................................
10. Is seepage observed from any of the structures? ® Yes p No
11. Is erosion, or any other threats to the integrity of any of the structures observed? + , ® Yes p No
12. Do any of the structures need maintenance/improvement? ® Yes []No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers? ® Yes p No
Waste Application
14. Is there physical evidence of over application? p Yes p No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type............................................................................................................................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? p Yes p No
17. Does the facility have a lack of adequate acreage for land application?
IS. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22, Does record keeping need improvement?
For Certified or Permitted Facilities Onlv
23. 'Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
0 ..:owia� ions.or ciencies'were-n.ote unng is visit. -iou wi .receive no.further. .
Reviewer/Inspector Name
p Yes p No
p Yes p No
p Yes p No
® Yes p No
p Yes ® No
p Yes p No
p Yes p No
p Yes p No
p Yes p No
Reviewer/Inspector Signature: 7 � ` Date: Z j 2-0

7/25/97

Fn t.i.h Ilan ON1 V
DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI)
COUNTY 0 PRIORITY SAMPLE TYPE
RIVER BASIN_ xrtCj-i 'i1 ❑AMBIENT ❑ QA El STREAM ❑ EFFLUENT'
REPORT TO: ARO FRO MRO ARO WeRO WIRO�L6SIIO TS
AT ON ❑COMPLIANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT
Other
OF CUSTODY
Shipped by: `$us Cou_ rie�. Staff. Other ©EMERGENCY ❑ESTUARY
COLLECTOR(S): Rc,.n ] 11
i��
Estimated LOCATION: mated $OD Range: 0-5/5-25/25-65/40.130 or 100 plus —• • _l�n�� ����{'� 4,•'--�, j Y ti"� i r `� • � •� — • • -
Seed: Yes ElNoO Chlorinated: Yes ❑ No © REMARKS:
Station # Date Begin { ry/mm/dd) Time Begin Date End Time End I Depth DM DO DBM Value Type Composite Sample Type
3 2lc 13 �t_1 9- O'a (c 13. (� A H L T 5 'B C ( GNXX
1
'
GODS 310 mgA
2
COD High 340 m9A
3
COD Lour 32S mg/I
4
Collform: MF Fecal 31616 /100m1
5
COHform: MF Total 31504 /101)ml
6
Collform: Tube Fecal 31615 /Ioomi
7
Collform: Fecal Strep 31673 /loom]
8
Residue: Total 500 mg/l
9
Volatile 505 mg/I
10
Fixed 510 mg/l
11
Residue: Suspended 530 mg/i
12
Volatile 535 mg/I
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mg/I
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mSA
--I
Turbidity 76 NTU
Chloride 940 mg/I
Chi a: TO 32217 ug/I
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/l
Color: True 80 Pt -Co
Color.(pH ) 83 ADMI
Color: pH 7.6 82 ADM]
Cyanide 720 mg/I
Fluoride 951 mg/l
Formaldehyde 71880 mg/1
Grease and Oils 556 mg/1
Hardness Total 900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 39260 mg/l
Phenols 32730 ugA
Sulfate 945 mg/I
Sulfide 745 mg/I
Lab Number.
Date Received:
tl,3 Time:
Rec'd by-
From: Bua H ou and Del
DATA ENTRY BY:
CK:
DATE REPORTED:
NH3 as N 610 mgA
TKN as N 625 039A
M02 plus NOS as N 630 mgA
P. Total as P 665 mg/I
PO4 as P 70507 _2A
P: Dissolved as P 666 rng/1
CdCadmium 1027 ugA
Cr[yttromiumTotal1034 ugA
Cu•Copper 1042 u0/1
NMIckel 067 ugA
Pb-Lead 1051 ugA
zn-21nc 1092 ug/I
A94ilver 1077 ugA
AI -Aluminum II05 ugA
Be -Beryllium 1012 ug/1
Ca -Calcium 916 mgA
Co -Cobalt 1037 uaA
Fe -iron 1045 118/1
Li -Lithium 1132 ug/I
Mg -Magnesium 927 mg/1
Mn-Manganese 1055 ug/I
Na-Sodium 929 mgA
Arsenic:Total 1002 uli/l
Se-Selenlum 1147 ugA
Hg-Mercury 71900 ugA
Organochlorine Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytnpmnkton
Sampling Point X
Conductance at 25 C
Water Temperature In
D.O. mg/1
pH
Alkalinity
Acidity
Air Temperature K3
PH 8-3PH4.5
pH 4.5 pH 8.3
2
94
10
300 it
400 1&
82244 431
82243 182242
20
Salinity X
Precipitton (in/day)
Cloud Cover X
Wind Direction Okg)
tream Flow Severity
Turbidity Severity
Wind Velocity MM
can Stream Depth ft.
Stream Width fL
480
45
32
36
1351
1350
35
64
4
DMI/Revised 10/86

COUNTY SURRY
RIVER BASIN:
REPORT TO 1VSRO Regional Office
Other :
COLLECTOR(S) : RANKIN
Estimated ROD Range:
Chlorinated:
DIVISION OF WATER QUALITY
Chemistry Laborntory Report 11Vater Quality
PRIORITY
AMBIENT QA
❑ COMPLIANCE CIIAINOFCUSTODY
X�' EMERGENCY
Qt F-"NR
N.0 Dep,.
APR 2 g INS
Wtinsto1,_
SAMPLETYPii
Regional
E) STREAM
❑ EFFLUENT
❑ LAKE
El INFLUENT
ESTUARY
4
Station Location: RADFORD DAIRY DISCHARGE
Remarks:
NW2016
3/27/%
B:30 AM
IIMW
AR
4124198
Sta(ivn A Date Begin (yylmmldd) Date End (yylmmldd) Time Begin Time End I Depth - DM, DR, DBdI V.1—Type - A, 11, 1, Composite-T, S, I Sample Type
980326 1 1 1310
BOD 310 130 M-WI
COD High 340 mg/L
COD Law 335 mgrt
Coliform; MF Fecal 31616 /100ml
Coliform: MFTotal 31504 /100m1
Colifarm; tube Fecal 31615 1100ml
Coliform: Fecal Seep 31673 1100m1
Residue: Torat 500 me1L
Votatile 505 mg!L
Fixed 510 mg L
Residue: Suspended 530 mg/L
Volatile 535 mul-
Filed 540 mg 1.
pH 403 units
idity to pH 4.5 436 mn 1.
ty to pH 83 435 ma•L
Alkalinity to pH 8 3 415 mgiL
Alkalinity to pH 4.5 410 mgt
TOC 690 tngil.
Turbidity 76 NTU
Coliform Total Tube 'li(rll nits
COMMENTS:
Chloride 940 mg1L
Chl 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 It
Color: pH 7-6 82 c.u.
Cyanide 720 mglL
Fluoride 951 mg/L
Formaldehyde 71880 mglL
Grease and Oils 556 MgA,
I lardrim Total 900 mgfL
Specific ('and. 95 umhoslcm2
h1BAS 38260 mglL
Phenols 32730 ug/L
Sulfate 945 mg/L
Sulfide 745 mg/L
Baron
Tannin Lignm ug/L
i icsaralenl Chromium ug/L
N1 f3 as N 610 110 mg/L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 2.3 mgll,
P: Total as P 665 mg/L
PO4 w P 70507 mg/L
P: Dissolved as P 666 mg1L
K-Potassium mg/L
Cd- Cadmium 1027 uWL
Cr-Chlamiunt:Talat 1034 ug/L
Cu- Coppc 1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lcad 1051 ug/L
Zn- Zinc 102 ug/L
IV -Vanadium ug/L.
Ag-Silver 1077 uglL
AI -Aluminum 110 ug/L
Be- Beryllium 1012 ug/L
Cs Calcium 916 mg/L
Co- Cobalt 1037 ug/L
Fe- Iron 1045 ugr1.

F-
L
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
Roger Radford
Radford Dairy Farms
Rt 1 Box 223-A
Claudville VA 24076
Dear Roger Radford:
Aria
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
RECEIVED
N.C.1)0,0, of EHNR
FEB 2 5 1998
Winston-SaIeM
Regional OffIC0
Subject: Request for Status Update
Certified Animal Waste Management Plan
Radford Dairy Farms
Facility Number: 86-8
Surry County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for .
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

f �•
Also attached is a form (Form R*8) that must be filled out if the facility is noeer in operation or is
below the threshold established in15A NCAC 2H .0217{a)(])(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. 'These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please ,subri t this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised, of the results of the review and of any
additional actions that must be taken to bring your facility'into compliance..
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability, for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the subnuttal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility, into compliance.
Thank you for your immediate attention to this issue. if you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DNV Q Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

i= State of North Carolina
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
January
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Roger Dale Radford
Radford Dairy
Ro'=
Stuart, VA 24171
Dear Mr. Radford:
NOW
E:)EHNR
7, 1998
RECEIVED
N.C. Dept. ofi15HNR
JAN 0 9 1998
Winston-Salem
Regi4)tra1 office
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Radford Dairy
Surry County
Facility #: 86-008
DD 96-024
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S.-143-215.6A(h) and have not
found grounds to modify the assessment of $2,743.00
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. The
committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment
of the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%a recycled110 % post -consumer paper

s
•
Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
1
A. Preston Howar , r.. P.E.
cc: DWQ Regional Office
Enforcement file

r
State of North Carolina
Department of Envi ment,
Health and NaturalResources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Roger Radford
Radford Dairy Farms
Rt 1 Box 223-A-
Claudville VA 24076
r�a
E)EHNR
RFCFIVEE) „ ~
11.�. Dept. of FHNR
N OV 14 1997
WinstD
RegiOnal orrice
i
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F .0201
Radford Dairy Farms
Facility #: 86-008
Surry County
Case #: OV 97-101
Dear Roger Radford:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Roger Radford in the amount of $500.00. This assessment is based -upon the following facts:
Roger Radford operates an animal operation and associated animal waste management
system in Surry County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

0
A
Roger Radford failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F .0201(a).
Based upon the above facts, I conclude as a matter of law that Roger Radford violated or
failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and ISA NCAC 8F
.0201. A civil penalty of not more than $1,000 per day maybe assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500.
Based upon the above facts and conclusions of law, I hereby assess Roger Radford a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201.
Please find attached another Operator in Charge designation form, Please complete this
form and return it to: r
WPCSOCC AECEIUED
Division of Water Quality N.C. Dept. Of EHNR
P.O. Box 29535 NOV 1 tt 1997
Raleigh, NC 27626-0535
11nston-Sait,rii
If the aforementioned operator designation form is not at theA
WN"Ied
lldress withi O days
of your receipt of this notice, you will be subject to further civil pen;y,'O' "for each
day that the operator in: charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do orte of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder. ,
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative

hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of.
Mr. Steve W. Tedder .
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina`General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447'
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR'
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to. initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
l r
A. Preston Howard, Jr., P.
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files wl attachments
Public Information Officer wlattachments

1
0
STATE OF NORTH CAROLINA
COUNTY OF
is
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 19—
ADDRESS
TELEPHONE
SIGNATURE

• � i
•
•
ANIMAL WASTE. MANAGEMENT- SYSTEM
OPERATOR ZN CHARGE.
U,9- Cry-rNA.TXON FORM
ANIMAL WASTE MANAGEMENT SYSTEM:.
Facility ID Number: County:
OPERATOR IN CHARGE
Home Mailing Address.
City State Zip
Certificate 7 _ Social Security rr
Work Phone Home ?'hone
Signature Date
OWNER
Mailing. Address City
S torte Zip Telephone
Signature Date
Please Mail to: .WPCSOCC
Division of Water Quality
P. 0. Box 29535
Raleigh, N.C. 27626-0335

} " State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 30, 1997
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Mr. Roger Radford
Radford Dairy Farm
Route 3, Box 762
Stuart, VA 24171
4RL EL
•
C» F1"PI
r-
RECEIVED
N.C. Dept. Of EHN.R
JUL 3 11997
Winston-Salem'
Regional ottica
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
NCAC 2H .0217
Surry County
Farm #: 86-008
File No. DD 96-024
Dear Mr. Radford:
This letter transmits notice of a civil penalty assessed against Sherman Anderson and
Roger Radford in the amount of $2,743.00 including $743.00 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of. -
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%a recycled/10% post -consumer paper

•
2'. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Kffl
Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisndnt
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E. '
ATTACHMENTS
cc: Winston-Salem RegionalSupervisor-w/-attachments
Comp ianl ce/Enforcernent File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

i
STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
19_
0

•
1
•
I •I . •I
Iy
I I
STATE OF NORTH CAROLINA
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SURRY
File No. DD 96-24
IN THE MATTER OF
)
SHERMAN ANDERSON
)
ROGER DALE RADFORD
)
} FINDINGS AND DECISION
} AND ASSESSMENT OF
FOR VIOLATIONS OF PERMIT
} CIVIL PENALTIES
15A NCAC 211.0217
}
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS- OF FACT:
A. Sherman Anderson owns and Roger Dale Radford operates a dairy animal operation in
Surry County known as Radford Dairy Farm.
B . Radford Dairy Farris was deemed permitted on February 1, 1993 as a nondischarge
facility in accordance with 15A NCAC 2H .0217.
—� C. O Juialrmw3asiiehol
WQ staff observed a discharge of wastewater from the Radford
Dairydina, pond to Silverleaf Creek, which are Class C Trout waters
of the State within the Roanoke River Basin.
D. Neither Sherman Anderson, Roger Dale Radford or the Radford Dairy Farm had a
valid permit for the above described activity.
E. The costs to the State of the enforcement procedures in this matter totaled $ 743.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Sherman Anderson and Roger Dale Radford are a "person" within the meaning of
G.S.143-215.6A pursuant to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Silverleaf Creek constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Sherman Anderson and Roger Dale Radford may be assessed civil penalties in this
matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than ten thousand dollars ($10,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed, jointly and severally,
against Sherman Anderson and Roger Dale Radford pursuant to G.S. 143-215.3(a)(9)
and G.S. 143B-282.1(b)(8).
G . The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Sherman Anderson and Roger Dale Radford are hereby assessed jointly and
severally a civil penalty of:
$ 2c-au. 0-V
$ $743.00
3 . W-V
for discharging wastes to the waters of the State in violation of 15A
NCAC 2H .0217.
TOTAL CIVIL PENALTY, which is z G percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs.
TOTAL ANMOUNTDUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., P.E., Director
`Division of Water Quality

State of North Carolint 40. IT
Department of Environment, lk?FA
Health and Natural Resources 4 • 0
Winston-Salem Regional Office
James B. Hunt, Jr„ Governor MOM
p E H N R
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
-- Water Quality Section --
July 23, 1997
CERTIFIED MAIL NUMBER P-536 310 697
RETURN RECEIPT REQUESTED
Mr. Roger Dale Radford
P.O. Box 98
Claudville, VA 24076
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Radford Dairy Farms
Surry County
Dear Mr. Radford:
The purpose of this letter is to summarize the inspection of your dairy on July 15, 1997.
Greg Goings and Tony Davis with the Surry County Soil and Water Conservation District as
well as Mike Mickey and Jenny Rankin with the Winston-Salem Regional Office of the Division
of Water Quality were present for the inspection.
The inspection found that your waste management system is not well managed. The
lagoon had almost no freeboard and there was no evidence of any attempt to try to pump down
the lagoon since a thick crust and weeds were growing around the agitator of the pump. The
weather has not been inclement and should not have impeded the progress of lowering the level
in the lagoon. There were no signs of discharge from the lagoon on the day of the inspection, but
there were signs of past discharge.
Your request to be removed from the Registration list because you are under the
threshold number of animals that would require you to obtain a certified Animal Waste
Management Plan has been denied. Even though on the day of the inspection there were only
about 50 head of cattle at the facility, the poor history of the farm with regards to water quality
issues will require you to have a certified Animal Waste Management Plan filed with our
585 Waughtown Street, �� FAX [phone]
Winston-Salem, North Carolina 27107-2241 NvfC An Equal Opportunity/Affirmative Actlon Employer
Voice 910-771-4600 50% recycled/10% post -consumer paper

Mr. Roger Radford
July 23, 1997
Page #2
Division by December 31, 1997. If your facility remains under the threshold and becomes
strictly a pasture operation and your lagoon is closed by NRCS standards then you will not be
required to have an Animal Waste Management Plan.
Please notify the Winston-Salem Regional Office by August 8, 1997 as to the actions
taken or proposed to be taken to resolve this deficiency. - Nothing in this letter should be taken
absolving this facility of the responsibility and liability of any violations that have resulted or
may result from these deficiencies. If you should have any questions concerning this matter,
please call Jenny Rankin or myself at [phone].
Sincerely,
Steve Mauney
Water Quality Supervisor
cc: Surry County SWCD
Mr. Sherman Anderson
Central files
WSRO

1* moutme p t.:ompiami p ronow-up of ijw%2 mspecilon p
Facility Number
Farm Status: N Registered p Applied for Permit
p Certified p Permitted
Not OperationalDate Last Operated:
Farm Name: Radford Dairy Farms
p vtner
Date of Inspection
Time of Inspection 1:!= 24 hr. (hh:mm)
TOMB'
ime m� rac lon+o 3 ours"°*gt j -�
{ex l 2516K lhril5 mm)}%Spent_oniReView ours
opection 6ifflud6itrayeI aqd prvicess�ng} v;
County: Surry........................................ :.......... ..WSRO.......
OwnerName: Roger ...................................... Radfard............................. ........................ Phone No: a51:23.1.4.......----........................................................
FacilityContact: Sa.m.e.u.owmer...............................................Title:............................................................... Phone No:....................................................
MailingAddress: Rt.1..I1ox.2.2.1-A..................................................................................... Clatu.d.xitle-VA................................................... ..... 240.6
Onsite Representative: Rgager..Dale.Radford............................................................... Integrator:.......................................................................................
Certified Operator:................................................................................................................ Operator Certification Number:..........................................
Location of Farm:
KA
Latitude ® • ©' ©" Longitude ®• ®' ©"
` t+ Design Current
Type of Operation ;Design ttE Current Design , , Current g
f+, Swme - b` Capacity Population ' {Poultry A Capacity PopuId
lationCapacity Population v, g
+,r=?
' ❑Farrow
o Feeder ,1
to Ines" ¢'
§ {
`J- t0 can "� � ° !
13 arrow to ee er y J r . � s ToiaL€D,esign� Ca'pacity� r = �.
p Farrow to FinisTOt I SLW � ._ _.._ ,,-.
�i % ❑Other 17�.i r v Y¢ �z8 t+ r it .;fi ,d<s f ¢ ;.d i ,!>%3 +.hta. v��n�J. Ms �N E¢: t i :}�-..
a
Numlier`of,Lagoons /Holding Ponds Rip ❑ ❑ i
u sur ac Present Don Area pray le Area ..``
❑
Layer
='�®
airy
p
Non -Layer
�';'�i ❑
on-
airy
General
1. Are there any buffers that need maintenance/improvement? ® Yes p No
2. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon p Spray Field ❑ Other
a. If discharge is observed, was the conveyance. man-made? ❑ Yes ® No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes H No
c. If discharge is observed, what is the estimated flow in gal/min? . NIA
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ® No
3. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No
4. Were there any adverse impacts to the waters of the State other than from a discharge? - ig Yes ❑ No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ® Yes ❑ No
maintenance/improvement?
4130/97

ace i y Number: 86_8
6. Is facility not in compliance with any of kable setback criteria in effect at the time of de!n?
7. Did the facility fail to have a certified operator in responsible charge?
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons and/or Holding Ponds)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4
o ft
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any or questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
t
p Yes
® No
® Yes
p No
® Yes
p No
® Yes
p No
Structure 5
Structure 6
® Yes
❑ No
® Yes,
p No
® Yes
No
® Yes
p No
p Yes
tg No
15. Crop type..........................................................................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
For Certified Facilities Only
22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
23. Were any additional problems noted which cause noncompliance of the Certified AWMP?
24. Does record keeping need improvement?
p Yes p No
p Yes p No
p Yes ❑ No
p Yes p No
p Yes p No
p Yes p No
p Yes ❑ No
❑ Yes p No
p Yes p No
Loritments refer to.r uestiori'#E" latnny,UYJH S'ansyers'and/or an recom[tendaftons or,Any otlteir}comments ' p+,
q _p Y
tUse ar8win siof'falNtbeterXlasinalesncesr , ci
Forque'stioris"15 `24 ;�Fa_cility does not"have-.ari'Animal ;WasteFManagment Plans i <��" t - ` .:
�:f �� 1 alai ..- .•f i -
Facility,is poorly managed Even though farm;is under the threshhold DWQ recommends that a`certifieii Animal9Waste
Management Pliin'he regu�red; because'of the'b`ad history the farm has had: If the operation'.became'strictly a pasture operation and
3 e l; �
the lagoon was clo ed,tolthe pioperstand Ydsthe facility could be taken off the'Registered list and not be required to have an
Animal WasteManakement.Pjan.--
V.
Reviewer/Inspector Name fJen
Reviewer/Inspector Signature:
r - s �r
iA:" °Nr l.h�.,`e� ��� .�.:3. t 4 °:r �r ;ei? i vali��..c,fr t r c P'1 N
XI -AA QCA/A-L/ln Date: 41 2k

I* Routine p Complaint p tronow-up of uwq inspection p Pc
Facility Number D—®
■ Registered p Certified p Applied for Permit p Permitted
Farm Name: Radford..Dairy- arnas.............................................................
Owner Name: Roger ...................................... Ptadfard ...................................
Facility Contact: Same.a&owner ...............................................Title:......
ow -up of uawe, review p Mier
Date of Inspection
Time of Inspection 24 hr. (lih:mm)
In o perationa Date Last Operated:
............ County: Surry WSRO
Phone No: MJ.-.23.1.4....................................................................
..................................................... Phone No:.................. ..................................
Mailing Address: Ri:.t,.Box.22a-A..................................................................................... Clatidvita-VA........................................................ 240fai...............
Onsite Representative: Rmger..A.ate.Radford............................................................... Integrator:.......................................................................................
Certified Operator: .................................................. .............................................................. Operator Certification Number:
Location of Faun:
. �..... .................... I ........ ...........................I.........,.....
....................................................................................................................................................
Latitude Longitude
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: p Lagoon Spray Field p Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (I1'yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
®Yes 13No
p Yes ® No
p Yes ® No
p Yes ® No
NIA
p Yes N No
® Yes ❑ No
® Yes p No
® Yes p No
p Yes ® No
N Yes p No

� ci ��y um er: 86_8
�,
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lapoons,Holding Ponds Flush Pits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I Structure 2 Structure 3 Structure 4
Identifier:
11 Yes p No
N Yes p No
Structure 5 Structure 6
Freeboard(lt): ..............0.1........................................................................................................................ .....................
10. Is seepage observed from any of the structures?
11. is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application
I4. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type.................................................................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
.................................................
®Yes
❑ No
M Yes
p No
® Yes
❑ No
® Yes
❑ No
p Yes
...........................................................
M No
Q No ions.or lcrenries•were.no e . unng this : s vise . ou will.rereive no. urt er . .
oxzes io ierie� abvui.:t.iis....: ' : :::: :
p Yes p No
p Yes p No
❑ Yes p No
❑ Yes ❑ No
p Yes p No
❑ Yes p No
p Yes ❑ No
❑ Yes p No
p Yes p No
p Yes p No
Reviewer/Inspector Name Jenny Rankin I
It�.; € ° <�, : E
Reviewer/Inspector Signature: Date:

State of North Caro
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Roger Radford
Radford Dairy Farms
Rt I Box 223-A
Claudville VA 24076
Dear Mr. Radford:
•
1••
P. ,, } 4' fuR.r.111
t�h
April 3, 1997
APR 0 7 1997
VIinst
RegionalG ��f�
SUBJECT: Notice of VioWl'dff
Designation of Operator in Charge
Radford Dairy Farms
Facility Number 86--8
Surry County
You were notified -by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G,S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions conceming this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
for
Steve W. Tedder, Chief
Water Quality Section
cc: Winston-Salem Regional Office
Facility File
Enclosures
P.O. Box 29535, NW ; FAX [phone]
Raleigh, North Carolina.27626-0535 �� An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

J ..
•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 25,1998
Attn: Roger Radford
Radford Dairy Farms
Rt l Box 223-A
Claudville VA 24076
k*!A
1 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
R C C.7"VEF- �-)
iD_'.. >�
J U N 2 9 190
SUBJECT: Retraction of Civil Penalty
Radford Dairy Farms
Facility #: 86-8
Surry County
QV 97-101
Dear Roger Radford:
On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil
penalty against the owner of the subject facility for failing to designate an operator in charge of the animal
waste management system. After a further review of the situation and given the current status of this farm it
is my decision to retract the civil penalty assessed in case number OV 97-101 and close our file on this
matter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply all applicable Hiles and regulations at the subject farm. If you
decide in the future to increase the number of animals at this farm above the threshold numbers established by
15A NCAC 2H .0217, you must first comply with all requirements including designating an operator in
charge for the facility.
Thank you for your assistance in this matter. If you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
Sincerely,
A. Preston Howard, Jr.,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
Regional-,O i4
Case file # OV 97-101
Central Files
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affiurmative Action Employer 50 % recycled/10 % post -consumer paper

!
I!
State of North Caroli
Department of Environment
and Natural Resources 4
Division of Water Quality
AWN
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary � C
A. Preston Howard, Jr., P.E., Director C
March 24, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roger Radford
Radford Dairy Farm
Route 3 Box 762
Stuart, VA 2417.1
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N. C. G. S. 143-215.6A(f)
File Number DD 96-024
Facility #: 86-008
Surry County
Dear Mr. Radford:
Your request for remission has been placed on the agenda for the April 9, 1998, meeting
of the Environmental Management Commission's Committee on Civil Penalty Remissions. The
Committee will convene immediately following the closing of the regularly scheduled business
meeting of the Environmental Management Commission in the Ground Floor Hearing Room of
the Archdale Building located at 512 North Salisbury Street, Raleigh, North Carolina (see
enclosed map). You should arrive no later than 12:00 p.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer .50% recycled/ 10% post -consumer paper

Page 2
March 24, 1998
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Shannon Langley,of our staff, at [phone], ext.581.
cc DWQ:Reeg il_Offce
Enforcement File
Central Files

r • `� aa
State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
February 21, 1996
CERTIFIED MAIL #P-536 316 674
RETURN RECEIPT REQUESTED
Sherman Anderson
3279 East Pine Street
Mt. Airy, North Carolina 27030
SUBJECT: Notice of Violation
AA0T1
10
kwain
E)EF.HNR
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Anderson:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected the animal waste facilities at the dairy farm operated by Roger Dale Radford
located on your land. A representative of the Surry County Natural Resources Conservation
Service accompanied Mr. Smith on the inspection. The inspection was conducted in order to
determine the waste levels and structural integrity of the waste lagoon as well as overall waste
handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Silverieaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creels on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
sources of runoff pollution.
585 Waughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 D% post -consumer paper

�. . 0
Sherman Anderson
February 21, 1996
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 10, 1995
concerning reports of animal waste getting into the creek. Emptying waste from the lagoon
should be incorporated into Mr. Radford's farm management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will offer protection against
the 25 year-24 hour storm event which could cause an overflow if adequate lagoon storage is
not available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1. Steps must be
taken immediately to remedy the problems associated with animal waste runoff. Mr. Roger
Dale Radford has been issued a Notice of Violation (NOV) concerning the problems
associated with the dairy farm. However, Mr. Radford has not responded to the Division of
Environmental Management or the Surry Soil and Water Conservation District. Since Mr.
Radford refuses to respond and cooperate with the appropriate government agencies, the
responsibility for animal waste containment and pollution prevention of the nearby streams
falls onto the legal landowner of the property. If you have any questions about how to handle
these problems, you should contact the Surry Soil and Water Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before March 15, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by March 15, 1996, a follow-up inspection may be conducted.
Please be aware that continued violations could subject you to enforcement action with the
possible assessment of civil penalties.of up to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated: Should you have any questions
or concerns, please do not hesitate to contact Allan Smith or Steve Mauney at (910) 771-
4600.
Sincerely,
FpC Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County SWCD/ISurry County NRCS
Compliance\Enforcement Group//Central Files//WSRO

State of North Ccelna
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. 0. Box 827
Dobson, NC 27017
Subject: Request for Service
Dear Sheriff Watson:
VA
1••
E)P.HNR
DIVISION OF ENVIRONMENTA) _
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 Roper Dale Radford at the address Iisled on
the Notice.
If you should have any questions or require additional information, please contact Allan
Smith or Steve Mauney at [phone].
Sincerely
Larry D. Coble
Regional Supervisor
LC/SVK/svk
Attachments
585 Woughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 10% post -consumer paper y�
. U'

i
STATE OF NORTH CAROLINA
COUNTY OFSURRY
In the Matter of a Notice of an }
Unperrnitted 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. "Coble, Regional Supervisor
NC DEHNR
585 Waughtown Street
Winston-Salem, NC 27106
lZ1--TURN 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:
phice:
On
on the day of
(Fill in address where copy delivered)
at the following
0

LE
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)

State of North Cara
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
CERTIFIED MAIL 4P-536 316 621 - UNCLAIMED
RETURN RECEIPT REQUESTED
Roger Dale Radford
Route 1 Box 223A
Claudeville, Va. 24076
mw
WA I1••
[D[HHNFZ
DIVISION OF ENVIRONMENTAL
MANAGEMENT
SUBJECT: Notice of Violation
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Starry County
Dear Mr. Radford:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities, accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste levels and structural integrity of the waste lagoon as well as
overall waste handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Silverleaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
sources of runoff pollution.
585 Woughtown Street. Winston-Salem. North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10% post -consumer paper

Roger Dale Radford
January 4, 1996
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 10, 1995
concerning reports of animaI waste getting into the creek. Emptying waste from the lagoon
should be incorporated into your farm's management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25
year-24 how storm event which could cause an overflow if adequate lagoon storage is not
available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1. Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about how to handle these problems, please contact the Surly Soil and
Water Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before January 31, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by you or a Surry County representative by January 31, 1996, a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
This Notice of Violation is being sent to you via the Surry County Sheriffs
Department after two failed attempts at serving this Notice through Certified Mail. If you
have any questions you should contact Allan Smith or Steve Mauney at [phone].
Sincerely,
r, C-t-L_
Larry D. Coble
Regional Supervisor
cc: Scary County Health Dept.
Surry County SWCD
Scary County NRCS
Jerry Dorsett
Cornpliance/Enforcement Group
Central Files/WSRO

State of North Caro na
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
CERTIFIED MAIL #P-536 316 621 - UNCLAIMED
RETURN RECEIPT REQUESTED
Roger Dale Radford
Route 1 Box 223A
Claudeville, Va. 24076
SUBJECT: Notice of Violation
40 1
Al
1•�
Ami
[DaHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Radford:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities, accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste levels and structural integrity of the waste lagoon as well as
overall waste handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Silverleaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
sources of runoff pollution.
585 Waughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper � y�

Roger Dale Radford
January 4, 1996
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 10, 1995
concerning reports of animal waste getting into the creek. Emptying waste from the lagoon
should be incorporated into your farm's management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25
year-24 hour storm event which could cause an overflow if adequate lagoon storage is not
available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215,1. Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about how to handle these problems, please contact the Surry Soil and
Water Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before January 31, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by you or a Surry County representative by January 31, 1996, a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
This Notice of Violation is being sent to you via the Surry County Sheriff's
Department after two failed attempts at serving this Notice through Certified Mail. If you
have any questions you should contact Allan Smith or Steve Mauney at [phone].
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County SWCD
Surry County NRCS
Jerry Dorsett
Compliance/Enforcement Group
Central Files/WSRO

State of North C Ina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
December 5, 1995
CERTIFIED MAIL #P-536 316 621
RETURN RECEIPT REQUESTED
Roger Dale Radford
PO Box 98
Claudeville, Va. 24076
SUBJECT: Notice of Violation
15�
1••
va� FIJI'
E3aHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Radford:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities, accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste levels and structural integrity of the waste lagoon as well as
overall waste handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste. The waste storage lagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Silverleaf Creek which is located approximately 25
meters away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
designed and constructed if the old lagoon is inadequate. Also, a large portion of the creek
may need to be fenced out and buffer areas re -vegetated around the creek to help control
y sources of runoff pollution.
585 Waughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

d
SENDER:
■Complete items 1 and/or 2 for additfo es.
I a180 Wish t0 receive the
ar
■ Complete items 3, 4a, and 4b.
following services (for an
0
■ Prink your name and address on the reverse o 4W.
so that we can ratum this
extra fee):
i
`m
Card to you.
• ■Attach this form to the front of the matlpiece, or on the b*
if space does not
1. ❑ Addressee's Address
.
`
to
permit,
' ■Writa'Retum Receipt Requested" on the maiipieoo below the article number.
2. ❑ Restricted Delivery
m
y ,
■The Return Receipt will show to whom the article was delivered
and the date
a'
C
delivered.
Consult postmaster for fee.
3. Article Addressed to:
4a. Articla Number
Roger 'Da -Le aaczford
P 536.316 624
,
E Route-.1 Box 223A
4b. Service Type
�'
C laudevi l le VA 240.76
❑ Registered XCertified
Cr
❑ Express Mail ❑ Insured
m
E
w
❑ Return Receipt for Merchandise ❑ 'CO
m
a7.
Date of Delivery
iZ
c �o
5. c ved By: (Pdf t Name)
814dAa—. Addressee's Address (Only If requested
r
and fee is paid)
t i
r
f
8. Signatur . Addresse rAge
°s. X
PS Form 3811, December 1994
Domestic Return Receipt
I

Mr. Roger Dale Radford
Page #2
May 15, 1989
overland run-off, and spillage are carrying oxygen demanding
pollutants to Silverleaf Creek on an intermittent basis.
This unpermitted discharge. of wastewater into the surface
waters of the State is a violation of North Carolina General
Statute (NCGS) 143-215.1. This type of discharge is also a
violation of regulations established by the Federal Clean
Water Act. The relevant Federal regulations as they pertain
to "Concentrated Animal Feeding Operations" are attached for
your review.
During the April 7th visit, you expressed a willingness
to take the necessary steps to cease the violation. It is
my understanding that Mr. Everhart has arranged a technical -
assistance visit to your operation. I urge you to follow
the recommendations of the S.C.S. representative in this
matter. Failure to do so will result in a request to
designate your dairy as a "Concentrated Animal Feeding
Operation." Additionally, if it becomes necessary to
formally designate your operation, you will be regulated in
the same manner as a non-agricultural business with a
wastewater discharge to surface waters of the State. This
could lead to the imposition of civil penalties if
enforcement action becomes necessary.
You also expressed concern that a portion of the water
quality problem originates -upstream of you, possibly by
dairy operations in Virginia. Observation of the area
upstream of your property indicates that this may be true.
We will be performing water quality sampling upstream and
downstream of your property this summer, and will contact
the appropriate Virginia authorities it a problem is
confirmed.
Because of the violation, you are requested to respond
in writing to our Winston-Salem Regional Office by June 15,
1989, stating what steps have been and/or will be taken to
eliminate the discharge and to prevent a similar violation
in the future.
Your cooperation in this matter is most appreciated.
Should you have any questions, please contact our Office at
[phone].
Sincerely,
M. Steven Mauney
Water Quality Supervisor
MSM/vm
cc: Dick Everhart
Surry County Health Department
Central Files
WSR03'
Virginia State Water Control Board

J
State of North Carolina
Department of Natural Resources and Community Development
Winston-Salem Regional Office
James G. Martin, Governor William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 15, 1989
CERTIFIED MAIL NO. P-536-300-869
RETURN RECEIPT REQUESTED
Mr. Roger Dale Radford
Rt. #5,
Claudeville, VA 24076
SUBJECT: Un-permitted
Radford Dairy
Surry County
Dear Mr. Radford:
Wastewater Discharge
Operation
As you are aware, your dairy operation was inspected by
Abner Braddy and Mike Mickey of the Division of
Environmental Management's Water Quality staff on April 7,
1989. Mr. Dick Everhart, District Conservationist with the
Soil Conservation Service, also participated in the site
visit.
The visit was prompted by complaints this office has
received regarding the possible water quality impacts of
dairy operations in the area. The inspection revealed that
you handle your animal waste by means of a wastewater
lagoon. The waste is then land applied for it's nutrient
value. This is an excellent method of waste management,
provided the lagoon is not allowed to over -flow.
The inspection also revealed, however, that there are
areas where wastewater is reaching the stream. These areas
include the barn to the west of your milking house, and the
area immediately below the dike of your lagoon. Wash water
8025 North Point Boulevard, Suite 100, Winston-Salem, N.C. 27106-3295 0 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Roger Dale Radford
December 5, 1995
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 10, 1995
concerning reports of animal waste getting into the creek. Emptying waste from the lagoon
should be incorporated into your farm's management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25
year-24 hour storm event which could cause an overflow if adequate lagoon storage is not
available.
Please be advised that -the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1. Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about how to handle these problems, please contact the Surry Soil and
Water Conservation District:
You are requested to respond in writing to our Winston-Salem Regional Office on or
before January 22, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by you or a Surry County representative by January 22, 1996, a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns, please do not hesitate to contact Allan Smith or Steve Mauney at (910) 771-
4600.
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County SWCD
Surry County NRCS
Compliance/Enforcement Group
Central Files/WSRO

NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
FAX TRANSMITTAL
Water Quality Section
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, N.C. 27107
Phone: [phone]
A
r 0%
; to)A
dFEMPt
Fax: [phone]
FAX NUMBER: 3 7 _2S . 5 /02 -
FROM:
DATE:
Number of pages (including cover pacye}:
COMMENTS:

SMING CONFEWTION
DATE : JAN-6-2003 MON 17:37
NAME NC DIVISION OF WATER QUALITY
TEL [phone] -
PHONE
: 97255129
PAGES
: 1/1
START TIME
: JAN-06 17:36
ELAPSED TIME
: 00' 25"
MODE
: ECM
RESULTS
: OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
NORTH CAROLINA
DEPARTMENT OF
4
ENVIRONMENT AND
,
NATURAL RESOURCES
QE R
FAX TRANSMITTAL
Weser Quality Section
Winston•Salem Repionthl Office
585 Waughtown Street
Winston-Snlem. N.C. 27107
Phone: (-136)771-46(10 Fax. [phone]D
FAX NUMBER: 3:3Cv. 725-- 5-17rf
DATE:
Nwnher of page (including �pvrr pa c}; I
COMM

WATER & LAND SECTION qbx:919-716-6766 Apr 24 10 14:31 P.01
Fax TRA N.,i SMISSIO N
SUBJECT TO ATTORNEY -CLIENT PRIVILEGE
ENVIRONMENTAL DIVISION
WATER & LAND SECTION
9191i1M600
Fax: [phone]T66
To: LARRY COBLE Date:
MELISSA ROSEBROCK
Fax #: PROGRAMMED Pages:
From: ANrrA LEVEAUX
Subject: ROGER DALE RADFORD, 00 CVS 650
COMMENTS.
FOR YOUR INFORMATION
Am
13
4/24/02 i
3 PAGES, INCLUDING COVER
SHEET
?�-� -�.-- �".~ -� ��t�- ./►ems'-� �,"

WRTER & LAND SECTION IOx :919-716-6766 Apr 24
FINAL CALENDAR
SuRRY COUNTY CIVIL SUPERIOR COURT
DOBSON, NORTH CAROLINA
TWO iNM SESSION OF COURT BEGINNING ON
MAY 6, 2002
10:00 A.M.
N,
HONORABLE MICHAEL E. HELMS
JUDGE PRESIDING
14:31 P. 02
Uri VEb
PR 2 2 2002
This will be a two week civil session of Suy County Civil Superior Court begin
nning on Monday,
May 6, 2002. Cases not reached the first week may; be called for hearing during the second weeK, unless
otherwise noted on the calendar.
Motions, nonjury hearings and pre-trial conferences will be called on nday, May 6, 2002
beginning Immediately after the calendar Call unlesd otwi
herse dlrefrtsd by the press ing judge or indicated
on the calendar. The jury will report on Tuesday during the first week of the session.
Any request for the removal of a case f ern this calendar for reasons arising before the close of the
business day on.Friday, May 3, 2D02, should be dlrwW in wrif:ing to Ms. Susan 0. Royster, Trial Court
Coordinator. Morons for continuances should be directed to the presiding judgs only for reasons arising
alter the close of the business day an Friday, May 3, 2002.
Susan S. Rbyater
Trial Court Coordinator
PO Bo!1749
King, NC Z7021
Phone. 336-993-NO9
Email: Susan.Royste► @AOC.STATE.NC.US
Administratrlx C. Micheal Millard
M. Ross 0glesbee
•va
Phillip Dale Vick, The Welding Company, Inc., Clifford
Max Kemp; Flip Babnic, and Blue Ridge Cardiolo and
Intarrol Medicine, PA
00UPET'S SE nN% FOR DISCOVEI 'Y CONFERENCE
2. 02 i) 91 Th6mas V. Saidwin and wile,
vs
Latianna Williams, Exacublx of the EVate of Frances
W. Stanley, Hugh C. Mills, Trustee
DEFENDANTS MOTION TO TRANSFER TO SUPERIOR COURT
Wilflarn F. Lipscomb
L. Camefun Caudle, Jr.
C. G4ngar Pierce, Jr.
David D. Ward
Aisne M. Mercer
G. Flippin
Lee Davis

iw WATER & LAND SECTION 4W:919-716-6766
MOTION CALENDAR
Apr 24 is 14:32 P.03
2 MOTION CALENDAR -
3. 01 CV$ 1735 Deborah Irene Creed -Puckett D. Darren Howard
V$
Edna Mae Montgomery and DMght James Barran II R"rl S. Laws
J hn R. Fonda
PLAINTIFF'S MOTION TO COMPEL
a. 02 CV5 16 The Community Bank 8�6wan C. Houff
vs I
Harry Folger Chevrolet, Inc_, Harry Folger and Patty M. Folger J, Brooks Reltzei, Jr.
PLAINTIFF'S MOTION TO AMEND COMPi_AW
5. DO CVS e50 State of NC, ex rel, William Rosa, Jr. Secretary, NC Anita LeVe aux
Department of Environment and Natural Resources .
vs '
Roger Dale Radford 4ugh B. Campeau, III
PLAINTIFF'S MOTION FOR JUDGMENT OR DISMISSAL
6. 01 CV5 919 Carolyn Spencer Armstrong Nancy R. Myers
T. Richard Pardue, Jr.
v$
Wendell Thomas Wood and World Bridge Smadlaand l;zwence J. Goldman
Services, Inc.
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
7. 02 CVS S77 State Board of Examiners of Plumbing, Healing and Fire Reed N. Fountain
Sprinkler Contrscbm
vs
Frank Potts
FOR ENTRY OF CONSENT JUDGMENT
01 CVS 917 Darrell Cockerharn dWa Cockerham's Elecalc Gus L. Donnelly
vs
Sally Gowen Roberts and Clifford Rot+en F. Christian DIRusso
DEFENDANTS' MOTION TO DIVIDE CAUSES
ALSO ON TRIAL CALENDAR
9. 01 CVp 2122 Jaynes Marshall Moore and Sharon K. Moore Thomas C. Flioain
vs
Darnell Mickle d/Wa Carolina Cabins & Stonework James H. Kelly, Jr.
DEFT-NDANTS' MOTION FOR REMOVAL TO SUPERIOR COURT
DEFENDANTS' MOTION TO DISMISS
I a. 01 CVS 1810 Velma Sparks and Rex Allen Sparks John C. W. Gardner, Jr.
vs
Thurman Randclpn Marshall, Jr. and Carl Rase & Sorm. Inv, James R. Kelly, Jr.
DEFENDANTS' MOTION TO DISMISS I

McCALL DOUGHTON BLANCATO & HART PLLC
ATTORNEYS AT LAW
633 WEST FOURTH STREET, SMITE 150
WINSTON-SALEM; NORTH CAROLINA 27,10I ,
G. EMMETT MCCALL TELEPHONE
THOMAS J. DOUGHTON [phone]
WILLIAM A. BLANCATO „ , FACSIMILE
ANDREW D. HART [phone]
GRAYDON H. ELLIS, III WRITER'S DIRECT E-MAIL:
BLAN�jCATO@NETU NLI((MIITED, NET
November 18, 2002
N,C.._ HNH
Melissa Rosebrock
ti. C. Department of Environmerii
and Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
N Q V 19 2002
Winston --Salem
Re ionai Office
RE: Roger Dale Radford and wife, Wanda Hall Radford v. Mary Epperson Anderson,
widow of Sherman L. Anderson, George Garland Beasley and Mary Louise Guynn,
' r being all oFthe devisees:und'er the will'oF Sherman L. Anderson, and An'thony'F,
Chilton' and'Sue S:''Smith,'cd=executors` and trustees'of the'estate' of L' assie `("L.1U:"}
" `Anderson'; and'IVlildred C' Anderson, Robert'Rogers, Jimmie Rogers; Claudia..Rogers
'Smith;` Bonnie Rogers Ayers;'Richard Rogers; Gaynell Rogers Shaw,•Sue' Simmons
Smh; D itiane Simrrions Pride; W. 'Steve Simmons, Charles F:'SimiTi s,' David' L:
Simmons, Farrell Anderson, Wesley Anderson, Anne Anderson Howell, and Louise
Anderson Blue, being all of the devisees and contingent beneficiaries under the will
of Lassie W. Anderson
01 CVS 887 (Surry County, N.C.)
Dear Melissa:
This case is scheduled for trial at the January 6, 2003, term of court in Dobson. This is a two -
week term of court and the case may be called any time during the week of January 6 or January 13.
I may need you to testify at trial about the observations you made during your visits to the
farm and about the contents of your office's file.
Please find'cnclosed a Subpoena that will be served on you by the sheriff rcquiring that'you
appear in court during the;January 6; 2003, term: This Subpoena also requires that you Bring your
office's file concerning thdRadford dairy farm with you:' Please understand you do not actually need
t , _ z - , .
to appear in court until you'recelve telephone'riotice from my-office'of the speci 1 "date`and'time.
'tr. i r , r i -...
I do not know what position` we wlll`be on:Al finial trial'cale'ndar and hcannovat thi ,tiine'tell you

Melissa Rosebrock
Page 2
November 18, 2002
with any certainty when the case will actually be called for trial during the two week term of court.
Please call if you have any questions.
Thanks for your cooperation.
With best regards,
Sincerely,
William A. Blancato
WAB/sc
enclosure
cc: Anita LeVeaux
Assistant Attorney General
N. C. Department of Justice, Environmental Division
P. 0. Box 629
Raleigh, NC 27602-0629
Anthony E. Chilton
4393 E. Pine Street
Mount Airy, NC 27030

STATE OF NORTH CAROLINA
File No, 01 CVS 887
SURRY COUNTY
IN THE GENERAL COURT OF JUSTICE
District X Superior Court Division
Roger Dale Radford and wife, Wanda Hall Radford
VERSUS
Mary Epperson Anderson, George Garland Beasley, Mary Louise
Guynn, Anthony E. Chilton, Sue S. Smith, Mildred C. Anderson,
SUBPOENA
Robert Rogers, Jimmie Rogers, Claudia Rogers Smith, Bonnie
Rogers Ayers, Richard Rogers, Gaynell Rogers Shaw, Sue Simmons
Smith, Diane Simmons Pride, W. Steve Simmons, Charles F.
Simmons, David L. Simmons, Farrell Anderson, Wesley Anderson,
Anne Anderson Howell and Louise Anderson Blue
Party Requesting Subpoena: State/Plaintiff X Defendants Other (specify)
Name Of Person Subpoenaed
(Note: A single subpoena may be used for as many as three
Melissa Rosebrock
persons if all have the same address. If documents are
subpoenaed, only one person may be named.)
Names Of Second Person Subpoenaed
Name Of Third Person Subpoenaed
Alternate Address:
Address:
City, State, Zip Tel. No.
NC Dept. of Environment & Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
City, State, zip Tel. No.
Winston-Salem, NC 27107 (336) 7714608, ext 265
YOU ARE COMMANDED TO: ,
(check all that apply)
X Appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
X Produce for the court the following items, at the -place, date and time indicated below.
All files and documents concerning or relating to Radford Dairy Farm.
Name and Location to Appear/Produce
Date To Appear/Produce January 6, 2003, until released by the
Surry County Courthouse
court
114 West Atkins Street
Dobson, NC 27017
Time To Appear/Produce 10:00 AM PM
Date A4V /, hjZr L
Name and Address of Applicant's Attorney
Signature: •G� L-
William A. Blancato
McCalI Doughton Blancato & Hart, PLLC
Deputy CSC Assistant CSC Clerk of Sup. Crt
633 West Fourth Street, Suite 1[50
Magistrate Clerk of Sup. Crt.
Winston Salem, North Carolina 27101
_X_Attomey
Telephone No. [phone]
(Please See Reverse Side)

RETURN OF SERVICE
I certify that this Subpoena was received and served as follows:
For First Person Named On Front:
_ by delivering a copy of this Subpoena to the first person by telephone communication with the first person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: • by registered or certified mail return, receipt requested and
attached, on the first person named on the front.
Service Fee _ Paid
Date Served J
Signature Of Authorized Server
$ Due
For Second Person Named On Front:
_ by delivering a copy of this Subpoena to the second person by telephone communication with the second person named on
named on the front. the front (use only with subpoena to appear and & testify).
_ this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the second person named on the front.
Service Fee _ Paid
Date Served
Signature Of Authorized Server
$ Due
For Third Person Named On Front:
by delivering a copy of this Subpoena to the third person by telephone communication with the third person named on
named on the front, the front (use only with subpoena to appear and & testify).
_ this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the third person named on the front.
Service Fee Paid
Date Served
Signature Of Authorized Server
$ Due
INFORMATION FOR WITNESS
The Subpoena
The subpoena is a court order requiring you to appear in court on the day and at the time stated. You have been called
(subpoenaed) to court to be a witness in a case.
Duties Of Witness
- Unless you are a custodian of medical or public records, you must attend court on the day and at the time stated in the subpoena
- Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving
testimony
- Your answers to questions must be truthful.
- If you are commanded to produce any items, you must bring them with you to court.
If you have any questions about being subpoenaed as a witness, you should contact the attorney or official who had the subpoena
issued. The name of that person is on the other side of this Subpoena form.
Understand the Question And Speak Out
When you are on the witness stand, listen carefully to any question, and make sure that you understand the question before you try
it.
to answer If necessary, ask that the question be repeated.
In answering the questions, speak out clearly and loudly enough to be heard. If you are testifying before a jury, speak out so that
all of the jurors can hear you.
Bribing Or Threatening A Witness
It is a violation of state law for an one to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of
these thins concerning your involvement as a witness in a case, you should promptly report that to the district attorney of the
presidingJudge.
Witness Fee
A witness is entitled to a small daily fee, and to travel expense reimbursement if it is necessary to travel from outside the county in
order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness,
if you desire to collect the statutory fee, you should immediately contact the clerk's office and certify to your attendance as a
witness so that you will be paid any amount due you.
AOC-G-100, Side Two, Rev. 7/89

T
STATE OF NORTH CAROLINA
NOW
File No. Ql CVS 887
SURR Y COUNTY YrN
THE GENERAL COURT OF JUSTICE
District X Superior Court Division
Roger Dale Radford and wife, Wanda Hall Radford
VERSUS
Mary Epperson Anderson, George Garland Beasley, Mary Louise
Guynn, Anthony E. Chilton, Sue S. Smith, Mildred C. Anderson,
SUBPOENA
Robert Rogers, Jimmie Rogers, Claudia Rogers Smith, Bonnie
Rogers Ayers, Richard Rogers, Gaynell Rogers Shaw, Sue Simmons
Smith, Diane Simmons Pride, W. Steve Simmons, Charles F.
Simmons, David L. Simmons, Farrell Anderson, Wesley Anderson,
Anne Anderson Howell and Louise Anderson Blue
Party Requesting Subpoena: State/Plaintiff X Defendants Other (specify)
Name Of Person Subpoenaed
(Note: A single subpoena may be used for as many as three
Melissa Rosebrock
persons if all have the same address. If documents are
subpoenaed, only one person may be named.)
Names Of Second Person Subpoenaed
Name Of Third Person Subpoenaed
Alternate Address:
Address:
City, State, Zip Tel. No.
NC Dept. of Environment & Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
City, State, Zip Tel. No.
Winston-Salem, NC 27107 [phone], ext 265
YOU ARE COMMANDED TO: ,
(check all that apply)
X Appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
X Produce for the court the following items, at the place, date and time indicated below.
All files and documents concerning or relating to Radford Dairy Farm.
Name and Location to Appear/Produce
Date To Appear/Produce January 6, 2003, until released by the
Surry County Courthouse
court
114 West Atkins Street
Dobson, NC 27017
Time To Appear/Produce 10:00 AM PM
Date �� z
Name and Address of Applicant's Attorney
Signature: /�%G(/�— •,/2" `�
William A. Blancato
McCall Doughton Blancato & Hart, PLLC
Deputy CSC Assistant CSC Clerk of Sup. Crt
633 West Fourth Street, Suite 150
Winston Salem, North Carolina 27101
Magistrate _X—Attorney Clerk of Sup. Crt.
Telephone No. [phone]
(Please See Reverse Side)

RETURN OF SERVICE
I certify that this Subpoena was received and served as follows:
For First Person Named On Front:
_ by delivering a copy of this Subpoena to the first person by telephone communication with the first person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the first person named on the front.
Service Fee Paid
Date Served
Signature Of Authorized Server
$ Due
For Second Person Named On Front:
by delivering a copy of this Subpoena to the second person by telephone communication with the second person named on
named on the front. the front (use only with subpoena to appear and & testify),
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the second person named on the front.
Service Fee _ Paid
Date Served
Signature Of Authorized Server '
$ Due
For Third Person Named On Front:
by delivering a copy of this Subpoena to the third person by telephone communication with the third person named on
named on the front. the front (use only with subpoena to appear and & testify).
_ this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the third person named on the front.
Service Fee Paid
Date Served
Signature Of Authorized Server
$ Due
INFORMATION FOR WITNESS
The Subpoena
The subpoena is a court order requiring you to appear in court on the day and at the time stated. You have been called
(subpoenaed) to court to be a witness to a case.
Duties Of A Witness
- Unless you are a custodian of medical or public records, you must attend court on the day and at the time stated in the subpoena
- Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving
testimony
- Your answers to questions must be truthful.
- If you are commanded -to produce any items, you must bring them with you to court.
If you have any questions about being subpoenaed as a witness, you should contact the attorney or official who had the subpoena
issued. The name of that person is on the other side of this Subpoena form.
Understand the Question And Speak Out
When you are on the witness stand, listen carefully to any question, and make sure that you understand the question before you try
to answer it. if necessary, ask that the question be repeated.
In answering the questions, speak out clearly and loudly enough to be heard. If you are testifying before a jury, speak out so that
all of the jurors can hear you.
Bribing Or Threatening A Witness
It is a violation of state law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of
these thins concerning your involvement as a witness in a case, you should promptly report that to the district attorney of the
presiding J udge.
Witness Fee
A witness is entitled to a small daily fee, and to travel expense reimbursement if it is necessary to travel from outside the county in
order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness,
if you desire to collect the statutory fee, you should immediately contact the clerk's office and certify to your attendance as a
witness so that you will be paid any amount due you.
AOC-G-100, Side Two, Rev. 7/89

MCCALL DOUGHTON BLANCATO & HART PLLC
ATTORNEYS AT LAW
633 WEST FOURTH STREET, SUITE, 150
WINSTON-SALEM, NORTH CAROLINA 27101
G. EMMETT McCALL
THOMAS J. DOUGHTON
WILLIAM A. BLANCATO
ANDREW D. HART
GRAYDON H. ELLIS, III
August 14, 2002
Mciissa Rbkbrocl-
N. C. Department of Environment
and Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
TELEPHONE
[phone]
FACSIMILE
[phone]
WRITER'S DIRECT E-MAIL:
BLANCATO@ NETUNLIMITED. NET
RIMN
AUG 19 2002
Regional (.)€fjce,
RE: ' • :Roger Dale Radford and Wife, Waiida Hall Radford v. Mary Epperson Anderson,
widow of Sherman L. Anderson, George Garland Beasley and Mary Louise Guynn,
"-' being all of'the devisees under the will of Sherman L. Anderson,'and Anthony E'.
­�Chilfon°aiidSiie-S':`Sriiitli; co'=executcirs aiid trustees;of'tlieieState'of l;:assie'(=1}►
Anderson, and Mildred C. Anderson, Robert Rogers, Jimmie Rogers, Claudia Rogers
Smith, Bonnie Rogers Ayers, Richard Rogers, Gaynell Rogers Shaw, Sue Simmons
Smith,<Diane Simmons Pride;' W: -Steve Simmons, Charles F. Simmons, David L:
Simmons, Farrell Anderson, Wesley Anderson, Anne Anderson Howell, and Louise
Anderson Blue, being all of the devisees and contingent beneficiaries under the will
of Lassie W. Anderson
01 CVS 887 (Surry County, N.C.)
Dear Melissa:
I am writing to -advise you that the above -referenced matter, which was scheduled for trial
at the two -week term of Surry County Superior Court beginning August 26, 2002, has been
continued and will not be tried at that term. The new trial date is the term of court beginning January
6, 2003. Please mark this date on your calendar and keep that week and the next week clear. Please
let me know immediately if a conflict arises that would prevent you from'appearing'in court at that
time.-
��` -•,.' r-ma's; `err
I will have a'new'§Ub06edd'servedupon you`iieaTer"the'time for,trial that «nll regiiii�,ttiat: i�u
appear in courui'n'this'matter.= ;'` - -.,t r,`.. ;' _, r ;r,;.:�:; :.' ;.�t7 .f • .t ,r: r. •
. �,' ,_I�,!. ,•� ri. :i.... .:'i�y'.. ..... + '�y •.1-C.",'�.�:.:,L :rY+, F.. '1, jY�: j Fo 'tip: hi{ -fir
c
Please let me know if you have any giie"stioris: - :.

Melissa Rosebrock
Page 2
August 14, 2002
With best regards,
Sincerely,
William A. Blancato
WAB/sc
cc: Tony Chilton
cc: Anita LeVeaux
Assistant Attorney General
N. C. Department of Justice, Environmental Division
P. O. Box 629
Raleigh, NC 27602-0629

STATE OF NORTH CAROLINA
File No, 01 CVS 887
BURRY COUNTY
IN THE GENERAL COURT OF JUSTICE
District X Superior Court Division
Roger Dale Radford and wife, Wanda Hall Radford
VERSUS
Mary Epperson Anderson, George Garland Beasley, Mary Louise
Guynn, Anthony E. Chilton, Sue S. Smith, Mildred C. Anderson,
SUBPOENA
Robert Rogers, Jimmie Rogers, Claudia Rogers Smith, Bonnie
Rogers Ayers, Richard Rogers, Gaynell Rogers Shaw, Sue Simmons
Smith, Diane Simmons Pride, W. Steve Simmons, Charles F.
Simmons, David L. Simmons, Farrell Anderson, Wesley Anderson,
Anne Anderson Howell and Louise Anderson Blue
Party Requesting Subpoena: State/Plaintiff X Defendants Other (specify)
Name Of Person Subpoenaed
(Note: A single subpoena may be used for as many as three
Melissa Rosebrock
persons if all have the same address. If documents are
subpoenaed, only one person may be named.)
Names Of Second Person Subpoenaed
Name Of Third Person Subpoenaed
Alternate Address:
Address:
City, State. Zip Tel. No.
NC Dept. of Environment & Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
City, State, Zip Tel. No.
Winston-Salem, NC 27107 [phone], ext 265
YOU ARE COMMANDED TO:
(check all that apply)
X Appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
X Produce for the court the following items, at the place, date and time indicated below.
All files and documents concerning or relating to Radford Dairy Farm.
Name and Location to Appear/Produce
Date To Appear/Produce August 26, 2002 until released by the
Surry County Courthouse
court
114 West Atkins Street
Dobson, NC 27017
Time To Appear/Produce 10:00 AM PM
Date
Name and Address of Applicant's Attorney
� .L__
Signature.
William A. Blancato
_
McCall Doughton Blancato & Hart, PLLC
Deputy CSC Assistant CSC Clerk of Sup. Cit
633 West Fourth Street, Suite 150
Magistrate Clerk of Sup. Crt.
Winston Salem, North Carolina 27101
TX_Attorney
Telephone No. [phone]
(Please See Reverse Side)

RETURN OF SERVICE
I certify that this Subpoena was received and served as follows:
For First Person Named On Front:
by delivering a copy of this Subpoena to the first person by telephone communication with the first person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons; by registered or certified mail return, receipt requested and
attached, on the first person named on the front.
Service Fee Paid
^Due
Date Served
Signature Of Authorized Server
$
For Second Person Named On Front:
by delivering a copy of this Subpoena to the second person by telephone communication with the second person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the second person named on the front.
Service Fee _ Paid
Date Served
Signature Of Authorized Server
$ Due
For Third Person Named On Front:
by delivering a copy of this Subpoena to the third person by telephone communication with the third person named or,
named on the front, the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and .
attached; on the third person named on the front.
Service Fee _ Paid
Date Served
Signature Of Authorized Server
$ Due
INFORMATION FOR WITNESS
The Subpoena
The subpoena is a court order requiring you to appear in court on the day and at the time stated. You have been called
(subpoenaed) to court to be a witness to a case.
Duties Of A Witness
- Unless you are a custodian of medical or public records, you must attend court on the day and at the time stated in the subpoena
- Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving
testimony
- Your'answers to questions must be truthful.
- If you are commanded to produce any items, you must bring them with you to court.
If you have any questions about being subpoenaed as a witness, you should contact the attorney or official who had the subpoena
issued. The name of that person is on the other side of this Subpoena form.
Understand the Question And Speak Out
When you are on the witness stand, listen carefully to any question, and make sure that you understand the question before you try
to it. If be
answer necessary, ask that the question repeated.
In answering the questions, speak out clearly and loudly enough to be heard. If you are testifying before a jury,'speak out so that
all of the jurors can hear you.
Bribing Or Threatening A Witness
It is a violation of state law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do arty o3
these thinps concerning your involvement as a witness in a case, you should promptly report that to the district attorney of the
presiding Judge.
Witness Fee
A witness is entitled to a small daily fee, and to travel expense reimbursement if it is necessary to travel from outside the count), in
order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness,
if you desire to collect the statutory fee, you should immediately contact the clerk's office and certify to your attendance as a
witness so that you will be paid any amount due you.
LAOC-G- 100, Side Two, Rev. 7189

•
McCALL DOUGHTON BLANCATO & HART PLLC
ATTORNEYS'AT I.AW — _,...... '_ _... .
,._. 633 WES'F1'O[]R'FI'i S. :1'.. ... zs • ,. .. , — ���:�.
. ', .... ; WINSFON-SALF.A•1,]vOR],� l.,,.,,; °• .. ... ...,W, .
G. EMMETT MCCALC ON 53l
TELEPHONE".';
'THOMAS J.
t E p +�
WIL AM A. BLA CA O_ - .. _ . _ - .3U L~.. . g , L, FACSIMILE '
ANDREW D. HART ' [phone]
GRAYDON H. ELLIS, III W3w,� r^ w,,,,; 6rry� WRITER'S DIRECT E—MAIL:
pp' BLANCATOONETUNI_IMITED.NEI
July 15, 2002
Melissa Rosebrock
N. C. Department of Environment
and -Natural' Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
RE: -Roger Dale Radford. and wife, Wanda Hall Radford v..Mary Epperson Anderson,
widow.o_f.Sherman L.,Anderson, George Garland Beasley and Marc' Louise Guynn,
�r,iandAztioiiy=E °beingall.bf,the:'deviseesundertes`
TV
Chilton afid $ue..,Smitli,-c6-executors and trustees of the estate of T2ssie-(L
Anderson, aril Mildrev'k. Anrlersoli; Itob'ert'Ro ers, Jinurfie Rogers; Claudia+Rixgery
.`Smith, Bonnie, Rogers Ayers,,'Richard Rogers, Gaynell Rogers Shaw, Sue Simmons
Smiih,,be Smons Pnde,,W 'Sfevd Slmmons ianim,'INarles F. Simmons, David L.
Simmons, Farrell Anderson, Wesley'Ariderson-; Anne Anderson Howell; and Louise
Anderson Blue; being all of the devisees and'contiiigent beneficiaries under the will'
of Lassie W.' Anderson .
01 CVS 887 (Surry County, N.C.)
Dear Melissa:
As we discussed earlier,•this case is scheduled For trial at the August 26, 2002, term of court
in Dobson. This is a two -week term of -court and the case may be called any time during the week -
of August 26 or September 2.
I may need you to testify.about the observations you made during your various visits to the
farm and about the, contents ,ofyour office's-file. I assume you are the official custcidian ofthat'file
and will be competent ta.identify those records. If riot; please let'me know if I`need to"also subob ena
Larry Coble or.some otlier.peisori as'the 6fticial custodian'of'tliat file: :TV
.
.. ._ .tl- •.A .li Y .. t. f..'.lJ.,. frl.f �Cl.':,t.s r�. �:i Aa s. . ';Z.tf'; ",y=A .,.'3i ..lYt':ttii N.
`i.ii;;?(1:,9;.,,.•-,r �i i1.!"-sr•,• �
Please find enclosed d,Subpgena that witl be served on,you by the'sherlif�retl�Lii'riiig'tb�tt
appear in court=du`.,,_, c. •' �,:�,<< - Y '_;: �:- >:. ,
pp ring th 'August'26'.2002"i rm. This Subpoena al'sairequires tliat,you`liriiig uour
A.11office's file concerning the Radford daii,y- arm with you ' Please tinderstanclyouu d'o nof'acrual ly 66d

Melissa Rosebrock
Page 2
July 15, 2002
to appear in court until you receive telephone notice from my office of the specific date and time.
We are currently the 14" case on the trial calendar and 1 cannot at this time tell you with any
certainty when the case will actually be called for trial duririg that term of court.
Please call if you have any questions.
Thanks for your cooperation.
With best regards,
Sincerely,
William A. Blancato
WABIsc
enclosure
cc: Anita LeVeaux
Assistant Attorney. General
N. C. Department of Justice, Envirunmenlai Division
P. O. Box 629
Raleigh, NC 27602-0629
Tony Chilton

STATE OF NORTH CAROLINA
File No. 01 CVS 887
SURRY COUNTY
IN THE GENERAL COURT OF JUSTICE
District X Superior Court Division
Roger Dale Radford and wife, Wanda Hall Radford
VERSUS
Mary Epperson Anderson, George Garland Beasley, Mary Louise
Guynn, Anthony E. Chilton, Sue S. Smith, Mildred C. Anderson,
SUBPOENA
Robert Rogers, Jimmie Rogers, Claudia Rogers Smith, Bonnie
Rogers Ayers, Richard Rogers, Gaynell Rogers Shaw, Sue Simmons
Smith, Diane Simmons Pride, W. Steve Simmons, Charles F.
Simmons, David L. Simmons, Farrell Anderson, Wesley Anderson,
Anne Anderson Howell and Louise Anderson Blue
Party Requesting Subpoena: State/Plaintiff X Defendants Other (specify)
Name Of Person Subpoenaed
(Note: A single subpoena may be used for as many as three
Melissa Rosebrock
persons if all have the same address. If documents are
subpoenaed, only one person may be named.)
Names Of Second Person Subpoenaed
Name Of Third Person Subpoenaed
Alternate Address:
Address:
City, State. Zip Tel. No.
NC Dept. of Environment & Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
City, State, Zip Tel. No.
Winston-Salem, NC 27107 (336) 7714608, ext 265
YOU ARE COMMANDED TO: ;
(check all that apply)
X Appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
X Produce for the court the following items, at the place, date and time indicated below.
All files and documents concerning or relating to Radford Dairy Farm.
Name and Location to Appear/Produce
Date To Appear/Produce August 26, 2002 until released by the
Sutry County Courthouse
court
114 West Atkins Street
Dobson, NC 27017
Time To Appear/Produce 10:00 AM PM
Date
Name and Address of Applicant's Attorney��.��'
-'
Signature:
William A. Blancato
McCall Doughton Blancato & Hart, PLLC
Deputy CSC Assistant CSC Clerk of Sup. Cat
633 West Fourth Street, Suite 150
Magistrate Clerk of Sup, Crt.
Winston Salem, North Carolina 27101
_X_Attorney
Telephone No. [phone]
(Please See Reverse Side)

RETURN OF SERVICE
I certify that this Subpoena was received and served as follows:
For First:Person'Named'On Front:
by delivering a copy of this Subpoena to the first person by telephone communication.with.tlie first person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the, following reasons: by:registered orcertiFed mail return, receipt requested and
"..; ; i :attached, on thqi first person named on the front.
Service Fee Paid
Date Served , .
Signature OFAuihorized,Server :' `
S Due
_
For Second Person Named On Front:
_ by delivering a copy of this Subpoena to the second person by telephone communication with the second person named on
named on the front. the front (use only with subpoena to appear and & testify).
_ this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested an:
attached, on the second person named cm the from.
Service Fee Paid
—Due
Date Served
Signature Of Authorized Server
5
For Third Person Named On Front:
by delivering a copy of this Subpoena to the third person by telephone communication with the third person named on
named on the front. the front (use only with subpoena to appear and & testi fyi.
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and .
attached, on the third person named on the front.
Service Fee —Paid I Date Served Signature Of Authorized Server
S i Due
INFORMATION FOR WITNESS
The Subpoena
The subpoena is a court order requiring you to appear in court on the day and at the time stated. You have been called
(subpoenaed) to court to be a witness to a case.
Duties Of A Witness
- Unless you are a custodian of medical or public records, you must attend court on the day and at the time stated in the subpoena
- Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving
testimony
- Your'answers to questions must be truthful.
- If you are commanded to produce any items, you must bring them with you to court.
If you have any questions about being subpoenaed as a witness, you should contact the attorney or official who had the subpoena
issued. The name of that person is on the other side of this Subpoena form.
Understand the Question And Speak Out
When you are on the witness stand, listen carefully to any question, and make sure that you understand the question before you M. ,
to answer it. If necessary, ask that the question be repeated.
In answering the questions, speak out clearly and loudly enough to be heard. If you are testifying before a jury; speak out so that
all of the jurors can hear you.
Bribing Or Threatening A Witness
It is a violation of state law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to ao anv of
these thins concerning involvement as a witness in a case, should report that to the dts!rict attorney of the
your you promptly
presidingjudge.
Witness Fee
A witness is entitled to a small daily fee, and to travel expense reimbursement if it is necessary to travel from outside the county in
order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness,
if you desire to collect the statutory fee, you should immediately contact the clerk's office and certify to your attendance as a
witness so that you will be paid any amount due you.
AOC-G-100, Side Two, Rev. 7/89

Forsyth County
ShedWs Office
120 West 3rd Street
Name Ma 1c 5_5g
Address
Contact Deputy Sheriff K - Oavr 0
in reference to a Civil Process. Please call the Civil
Division at 748-4100, extension 37-31
and make arrangements to be served. . .
You can also pick up the Civil Process at the Sheriffs
Office. Please call and make arrangements before
coming to the office.
Ci Summons
agistrate Summons
Notice of Exemptions
Notice
Subpoena
} Civil Order
} Juvenile Summons
} Order to Show Cause
Warrant
If you fail to contact'this'office, it will be
necessary to come to your place of employment
to serve you.
Your cooperation will be appreciated.
Civil Division Zone 2—
Note Left: Date 0-1" t Cl" h 2
Time "1 R z4 &
0 MAP ON BACK _

m
c
U
SHERIFF'S
AK. OFFICE
Ilh
Old
Courthouse
7rd
a
.
Hall of Justice
2nd
Jail
c
let
1.40 Business
120 West 3rd Street
NON -EMERGENCY COMMUNICATIONS
727.2112
EMERGENCY
911 - -
•

REf •r`\f'Eb
N.C.�., . CHNFI
MAY Q 8 2001
WCALL DOUGHTON & BLANCATO PLLC
ATTORNEYS AT LAW Winston-Salem
W NS ON-SALOM, NORTH CAROLINA27101 Regional Office
G. EMMETT McCALL TELEPHONE
THOMAS J. DOUGHTON [phone]
WILLIAM A. BLANCATO FACSIMILE
ANDREW D. HART [phone]
GRAYDON H. ELLIS, III WRITER'S DIRECT E-MAIL
BLANCATO @ N ETUNLI MITED. NET
Melissa Rosebrock
N. C. Department of Environment
and Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
RE: Estate of Anderson v. Radford
Dear Melissa:
May 7, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The summary ejectment hearing in this matter has been continued to May 16, 2001, at 10:00
a.m. The hearing will be at the Magistrate's Office in Mount Airy located at 819 West Pine Street.
Please find enclosed a new subpoena requiring you to attend the hearing on May 16, 2001.
Please call if you have any questions.
With best regards,
Sincerely,
William A. Blancato
WAB/sc
enclosure

oLI
ipmw
STATE OF NORTH CAROLINA
File No. 01 CVM 880 Ar
IN THE GENERAL COURT OF JUSTICE
SURRY COUNTY
District _ Superior Court Division
Mary Anderson and Estate of Lassie Anderson by
co -executors Anthony E. Chilton and Sue S. Smith
VERSUSSUBPOENA
Bradley Dale Radford and
Roger Dale Radford and wife, Wanda Hall Radford
Party Requesting Subpoena. X State/Plaintiff Defendant Other (specify)
Name Of Person Subpoenaed
(Note: A single subpoena may be used for as many as three
Melissa Rosebrock
persons if all have the same address. If documents are
subpoenaed, only one person may be names.)
Names Of Second Person Subpoenaed
Name Of Third Person Subpoenaed
Alternate Address:
Address:
City, State, Zip Tel. No,
N.C. Department of Environment and Natural Resburces
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
City, State, Zip Tel. No.
Winston-Salem, NC 27107 [phone], ext 265
YOU ARE COMMANDED TO:
(check all that apply)
X Appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
X Produce for the court the following items, at the place, date and time indicated below.
All files and documents concerning or relating to Radford Dairy Farm.
Name and Location of Court
Date To Appear/Produce May 16, 2001
Surry County Magistrate
Time To Appear/Produce 10:00 AM PM
819 W. Pine Street
Mount Airy, NC 27030
Date S' y 6/
Name and Address of Applicant's Attorney
Signature: •J'�
Deputy CSC Assistant CSC Clerk of Sup. Crt
William A. Blancato
McCall Doughton & Blancato, PLLC
633 West Fourth Street, Suite 150
Magistrate _X Attomey Clerk of Sup. Crt.
Winston Salem, Notch Carolina 27101
Telephone No. [phone]
(Please See Reverse Side)

RETURN OF SERVICE
1 certify that this Subpoena was received and served as follows:
For First Person Named On Front:
by delivering a copy of this Subpoena to the first person by telephone communication with the first person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the first person named on the front.
Service Fee Paid
Date Served
Signature Of Authorized Server
$ Due
For Second Person Named On Front:
_ by delivering a copy of this Subpoena to the second person by telephone communication with the second person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return receipt requested and
attached, on the second person named on the front.
Service Fee Paid
I Date Served
Signature Of Authorized Server
$ Due
For Third Person Named On Front:
by delivering a copy of this Subpoena to the third person by telephone communication with the third person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the third person named on the front.
Service Fee Paid
—Due
Date Served
Signature Of Authorized Server
$
INFORMATION FOR WITNESS
The Subpoena
court order requiring you to appear in court on the day and at the time stated. You have been called
The soe�iaoe to cowl
ksuDpto
be a witness in a case.
Duties Of A Witness
- Unless you are a custodian of medical or public records, you must attend court on the day and at the time stated in the subpoena
- Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving
testimony
- Your answers to questions must be truthful.
- If you are commanded to produce any items, you must bring them with you to court.
If you have any questions about being subpoenaed as a witness, you should contact the attorney or official who had the subpoena
issued. The name of that person is on the other side of this Subpoena form.
Understand the Question And Speak Out
When you are on the witness stand, listen carefully to any question, and make sure that you understand the question before you try
to it. if that the be
answer necessary, ask question repeated.
In answering the questions, speak out clearly and loudly enough to be heard. if you are testifying before a jury, speak out so that
all of the jurors can hear you.
Bribing Or Threatening A Witness
It is a violation of state law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of
these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney of the
presidingjudge.
Witness Fee
A witness is entitled to a small daily fee, and to travel expense reimbursement if it is necessary to travel from outside the county in
order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness,
if desire to the fee, immediately the to as
you collect statutory you should contact clerk's office and certify your attendance a
witness so that you will be paid any amount due you.
AOC-G-100, Side Two, Rev. 7189

STATE OF NORTH CAROLINA
File No. 01 CVM 880
IN THE GENERAL COURT OF JUSTICE
SURRY COUNTY
—District _Superior Court Division
Mary Anderson and Estate of Lassie Anderson by
co -executors Anthony E. Chilton and Sue S. Smith
'UBPOENA
S
VERSUS
Bradley Dale Radford and
Roger Dale Radford and wife, Wanda Hall Radford
Party Requesting Subpoena: X State/Plaintiff Defendant Other (specify)
Name Of Person Subpoenaed
(Note: A single subpoena may be used for as many as three
Melissa Rosebrock
persons if all have the same address. if documents are
subpoenaed, only one person may be names.)
Names Of Second Person Subpoenaed
Name Of Third Person Subpoenaed
Alternate Address:
Address:
City, State, Zip Tel. No.
N.C. Department of Environment and Natural Resources
Winston-Salem Regional Office
Division of Water Quality
585 Waughtown Street
City, State, Zip Tel. No.
Winston-Salem, NC 27107 (336) 7714608, ext 265
YOU ARE COMMANDED TO:
(check all that apply)
X Appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
X Produce for the court the following items, at the place, date and time indicated below.
All files and documents concerning or relating to Radford Dairy Farm.
Name and Location of Court
Date To Appear/Produce May 7, 2001
Surry County Magistrate
Time To Appear/Produce 10:00 AM PM
819 W. Pine Street
Mount Airy, NC 27030
Date 61/1p(
Name and Address of Applicant's Attorney
9
Signature:' -
William A. Blancato
McCall Doughton & Blancato, PLLC
Deputy CSC Assistant CSC Clerk of Sup. Crt
633 West Fourth Street, Suite 150
Magistrate _X.Attomey Clerk of Sup. Crt.
Winston Salem, North Carolina 27101
Telephone No. [phone]
(Please See Reverse Side)

RETURN OF SERVICE
I certify that this Subpoena was received and served as follows:
For First Person Named On Front:
by delivering a copy of this Subpoena to the first person by telephone communication with the first person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the first person named on the front
Service Fee _ Paid
Date Served
Signature Of Authorized Server
$ Due
For Second Person Named On Front:
by delivering a copy of this Subpoena to the second person by telephone communication with the second person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the second person named on the front.
Service Fee Paid
kate Served
Signature Of Authorized Server
$ Due
For Third Person Named On Front:
by delivering a copy of this Subpoena to the third person by telephone communication with the third person named on
named on the front. the front (use only with subpoena to appear and & testify).
this Subpoena WAS NOT served for the following reasons: by registered or certified mail return, receipt requested and
attached, on the third person named on the front.
Service Fee Paid
—Due
Date Served
Signature Of Authorized Server
$
INFORMATION FOR WITNESS
The Subpoena
ks utipoeRooen c court order requiring you to appear in court on the day and at the time stated. You have been called
ikr
to be a witness in a case.
Duties Of A Witness
- Unless you are a custodian of medical or public records, you must attend court on the day and at the time stated in the subpoena
- Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving
testimony
- Your answers to questions must be truthful.
- If you are commanded to produce any items, you must bring them with you to court.
If you have any questions about being subpoenaed as a witness, you should contact the attorney or official who had the subpoena
issued. The name of that person is on the other side of this Subpoena form.
Understand the Question And Speak Out
When you are on the witness stand, listen carefully to any uestion, and make sure that you understand the question before you try
to answer it. If necessary, ask that the question be repeate�.
In answering the questions, speak out clearly and loudly enough to be heard. if you are testifying before a jury, speak out so that
all of the jurors can hear you.
Bribing Or Threatening A Witness
It is a violation of state law for anyone to attempt to bribe, threaten, harass, or intimidate avitness. If anyone attempts to do any of
these things concerning involvement as witness in that to the district of the
your a a case, you should promptly report attorney
presidingjudge.
Witness Fee
A witness is entitled to a small daily fee, and to travel expense reimbursement if it is necessary to travel from outside the county in
order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness,
if desire to fee, immediately to
you collect the statutory you should contact the clerk's office and certify your attendance as a
witness so that you will be paid any amount due you.
AOC-G-100. Side Two, Rev. 7/89

0
.•
STATE OF NOR -PH CAROLIN'A ' IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF SURRY Ol CVS (pSQ
-1
STATE OF NORTH CAROLINA, ex Tel.
ROY COOPER, Attorney General,
ex Tel... 'William G. Ross, Jr., Secretary
North Carolina Department of
Enviroiuntnt, and Natural
Resources.
V.
ROGER DALE LE F ,.DFOPD
Plaintiff,
Defcildarit.
z
This matter came on for hearing before the undersigned Judge of Superior Court upon the
Complaint and'AppliL;alion for a Temporan kestraininff Order and Motion feT lrjuncti ve Relief
by the. State of North Carolina. Havino, considered the verified con plaint and exhibits and the
I.
Motion for a Temporary Restraining Order, the Court makes the following:
FINDINGS OF FACT
I . The plaintiff is the sovereign State of North Carolina. The plaintiff brought this
action on its behalf and as parens parriae on behalf of all residents and citizens of the State of
North Carolina, especially those residing near or downstream of the Radford Dairy Farm. Roy
Cooper, Attorney General, is the elective legal Officer of the State of North Carolina. and is
empowered to bring the common lave nuisance claims contained herein on behalf of all residents
and citizens of the State. The Department of Environment and Natural Resources ("DENR" or
the "Department"), is an agency of. the State established pursuant to the provisions of G.S.
vr---�

applied. Current]),, there are a-mrom. mately 40 cows on the farm. The holding pond can hold
approximately 1.81,914 gallons of animal waste when full.
19. Defendant does n.: have a cenif ed animal waste management plan or a general or
individual permit for the farm. The facility is "deemed permitted" pursuant to ISA NCAC
2H.0217.
20. Silverleaf Creek_ classified as Class C. trout waters of the State is located
approximately 25 meters from :1-ne waste storage pond at the farm. Silverleaf Creek rune to
Archie's Creek which leads to the Dan River in the Roanoke River Basin.
I . On March 22, 2001 at approximately . I 30 p.m., Melissa-Rpsehrock, -an
Eindronmental Specialist with :he V"%inston Salem Regional Office of the .North Carolina
Division of Water Quality ("D ',,Q".) and Tony Davis of the Surry County Soil and IA ater
ConConservation District visited tb-- Radford Dairy Farm fora�0�10aI inspection, of the facility.
Ms. Rosebrock observed that sev;_:al pastures were denuded and that two to three feet of animal
waste had been pushed up to the -znd of a push -off ramp on the side of the waste storage pond. A
portion of the push -off ramp haf begun to fall into the storage pond due to erosion of the soil
underneath the pad.
22. . Two animal burrow holes were noted in the wall of the storage pond and the wall
closest to Silverleaf Creek was covergrown with vegetation. Ms. Rosebrock observed that the
freeboard (amount of space from top of liquid to top of dike wall) of the storage lagoon was
approximately four inches below -:�ie spillway, which is located adjacent to the push -off ramp and
behind the milking parlor. . There was evidence that waste had been discharged out of the
spillway in that Iiquid waste was present on the outside of the spillway. The spillway leads to a
31

14313-275, e_ t _sga., and is vested with the statutory authority regarding protection of the
environment invoked herein. William G. Ross, Jr., is the Secretary of DENR.
2. The defendant, Roger Dale Radford is the operator of the Radford Dairy Farm
("the farm") Iocated in the Northeastern part of Surry County, North Carolina, approximately
one-half mile off State Road 103 near the North Carolina -Virginia state line. Defendant is the
lessee of the property on which the farm is located and also has an option to buy the property.
3. The Superior Court has jurisdiction of this action for injunctive relief for existing
or threatened- violations of various laws and rules governing the protection of water resources
pursues t to N.C. Gen. -Star. SS iA-245 and 143=2.15.E ., and North Carolina's common law of
T117f1t1 � �1�7�C�n C.v
4. Surry Count), is a proper venue for this action because the violations or threatened
violations which are the subject of this action for injunctive relief have occurred, are occurring,
and may occur in Sum, County.
5. Pursuant to Article III, Section 7 of the Constitution of North Carolina, N.C. Gen.
Stat. § 114-1.1, and the common law, the Attorney General is vested with common law powers
to have public nuisances abated.
6. Pursuant to N.C. Gen. Stat. § 143-215.3(a)(1), the Environmeutal Management
Commission ("EMC" or the "Commission") has the power 11[t]o make rules implementing
Articles 21, 21A, 21B or 38 of this Chapter." These statutes, and the rules adopted under them,
are designed to further the public policy of the State, as declared in N.C. Gen. Stat. § 143-211,
"to provide for the conservation of its water and air resources... [and], within the context of this
2

Article [21] and Articles 21A and 21B of this Chapter [143], to achieve and to maintain for the
citizens of the State a total environment of superior quality."
7. N.C. Gen. Stat. § 143-211 further provides that "[s]tandards of water and air
purity shall be designed to protect human health, to prevent injury to plant and animal life, to
prevent damage to public and private property, to insure the continued enjoyment of the natural
attractions of the State, to encourage the expansion of employment opportunities, to provide a
permanent foundation for healthy industrial development and to secure for the people of North
Carolina, now and in the future, the beneficial uses of these great natural resources."
S. - .The Commission has the power to, issue pernuts with -such -conditions attached -as
t1 t, Commission belie;=ec arc-n=cssary to -achieve i le purposes of Article 21 of Chapter 143 of
the General Statutes. N.C.Gen. Stat. § 143-215. 1 (b).
°. Pursuant to 15A NCAC 2H.0217, animal waste management systems for which
waste does not reach the surface waters by runoff, drift,..direct application or direct discharge
during operation or land application and which are designed for and actually serve less than 100
head of cattle are "deemed permitted" pursuant to G.S. 143-215.1(d) and are not required to
obtain an individual permit from the Division of Water Quality.
10. Animal waste management systems which are "deer ed permitted" and that are
determined to have an adverse impact on water quality may be required to obtain an approved
animal waste management plan or to apply for and receive an individual non -discharge permit
from the .Division of Water Quality. 15A NCAC 2H.0217(a)(1)(A). The Director of the
Division of Water Quality may on a case by case basis determine that a facility should not be

deemed permitted and may require such facility to obtain an individual non -discharge permit.
This determination will be made based on existing or projected environmental impacts. NCAC
2H.02 2 7(b)
11. Pursuant to its authority in N.C. Gen. Stat. § 143-215.3(a)(4) to delegate such of
its powers as it deems necessary, the Commission has delegated the authority to issue individual
non -discharge permits and certificates of coverage under the animal waste management system
general permit to the Director of the Department's Division of Water Quality ("DWQ"). 15A
NCAC 2H.0209.
1? N.C. Gen. Stat. 9 143-2I5.1 requires a permit from the Commission before any
Parson can -"ma -he o;;tict, iliiV the -wdicrs of fne state'' or "cause or permit any waste, directly or
indirectly, to be discharged to or in any manner intermixed with the waters of the State in
violation of the water quality standards applicable to the assigned classifications ... unless
allowed as a condition of any permit, special order or other appropriate instrument issued or
entered into by the Commission under the provisions of this Article [Article 21 of Chapter 143
of the General Statutes]." N.C. Gen. Stat. §143-2.15.1(a)(1) and (6).
1I Rules adopted by the EMC at Subchapter 2H.0200 of Title 15A of the North
Carolina Administrative Code ("the Code") establish the requirements and: procedures for
application and issuance of permits for waste disposal systems which do not discharge to the
surface waters of the State, including, among others, animal waste management systems. These
14. The Code defines animal waste management system as "a combination of
structural and non-structural practices which will properly collect, treat, store or apply animal
4

waste to the land such that no discharge of pollutants occurs to surface waters of the state
[Emphasis added] by any means except as a result of a storm event more severe than the 25-year,
24 hour storm:" 15A NCAC 2H.0203(3).
15. Pursuant to N.C. Gen. Stat. § 143-2I5.6C, "[w]henever the Department has
reasonable cause to believe that any person has violated or is threatening to violate any of the
provisions of this Part [Part 1, Article 21, of the North Carolina General Statutes], any of the
terms of any permit issued pursuant to this Part, or'a rule implementing this Part, ..." the
Department .is authorized to "request the Attorney General to institute a- civil action in the name
AP the State upon the relation of the -Department for injunctive relief to restrain the violation or
I Utl.
16. That section further provides that "[u]pon a determination by the court that the
alleged violation of the provisions of this Pan or the regulations of the Commission has occurred
or is threatened, the court shall grant the relief necessary to prevent or abate the violation or
threatened violation." N.C. Gen. Stat. § 143-215.6C.
17. AdditionaIly, the section provides -that "[n]either the institution of the action nor
any of the proceedings thereon shall relieve any parry to such proceedings from any penalty
prescribed for violation of this Part." N.C. Gen. Stat. § 143-215.6C.
18. The defendant Roger Dale Radford operates the Radford Dairy Farm located one-
half mile off of State Road 103 at the'North Carolina/Virginia' state line. The dairy farm consists
of a minting parlor, a holding pond for the animal waste, a push off ramp where waste is scraped,
gathered, and pushed into the holding pond, and spray fields onto which animal waste can be
5

diversion ditch which contained liquid animal waste. Ms Rosebrock followed the diversion ditch
approximately eighty yards where she observed the animal waste flowing into a hole in the
ground. She observed waste pooled in a depression below a culvert (pipe) approximately 12 feet
from the hole where the waste had entered. Silverleaf Creek is located approximately 20 feet
below the pooled area of waste and Ms. Rosebrock observed an eroded channel leading from the
pooled area to Silverleaf Creek.
23. Animal waste had been pushed off the concrete lot where cows are contained and
the entire area below the freestall barn was wet and contained a dark brown liquid which
appeared to be animal waste. Wastewater that exits the concrete lot travels to a man-made
utvcrsiun ditch running parallel to Silverleaf Creek, approximately 100 yards from the.sl.oraae
pond.
24. As Ms. Rosebrock was completing her inspection; she saw several pieces of cattle
carcasses in the late stage of decomposition located approximately 35 feet from the rear of the
milk barn and in front of the feed bin. After leaving the farm, Ms. Rosebrock called the State
Veterinarian's office in Raleigh, North Carolina to report the observance of the dead animals.
3b ,
25. On March, 2000, Ms. Rosebrock inspected the Radford Dairy Farm. There
was no one present at the site during the inspection. During the inspection she,noted that there
was 0 (zero) inches of freeboard in the storage pond and solid and liquid waste were exiting the
lagoon running off of the sides of the barn lots into the pasture beside the creek. The waste was
running through a man-made diversion ditch located parallel to Silverleaf Creek to another field
where it dissipated near the creek. During this inspection, Ms. Rosebrock saw no evidence that
7

any waste had been pumped or irrigated to sprayfields. Ms. Rosebrock also observed two dead
cattle carcasses on the west side of the milking parlor.
26. , On April 3, 2000, Ms. Rosebrock again inspected the Radford Dairy Farm. She
noted that there was 0 (zero) inches of -freeboard and solid and liquid waste was still exiting the
lagoon at was running off the sides of the barnlots into the pasture beside the creek. The dead
cattle carcasses she observed during the MarchA2000 inspection were still lying along the
fence. Defendant was sent a Notice of Violation on May 4, 2000 documenting the violations at
the farm and summarizing- the Tarm's past noncompliance.
2 i. On February 17, 1998, DWQ inspectors Mike Mickey and .Jerry Rankin from
D'XQ, InspGc:ied the Radford Dairy Farm and observed that the storage pond had 0 (zero) inches
of freeboard and waste was discharging from the pond into a man-made diversion ditch, iVaste
was observed flowing into Silverleaf Creek.
28. On July 15, 1997, Mike Mickey and Jenny Rankin. of DWQ inspected the
Radford Dairy Farm and observed that the storage pond had almost no freeboard and there was
no evidence that defendant had attempted to increase the waste level in the lagoon by spraying on
sprayfields. In addition, evidence of a past discharge of waste was observed.
29. On July 23, 1997, defendant and Sherman Anderson, former owner of the farm,
were assessed a civil penalty by the Director of the Division of Water Quality for a discharge of
animal waste to waters of the State in violation of N.C.G.S. § 143-215.1. 'Defendant has paid
only $228.59 �of the penalty. A complaint was filed by the State in SuM, County Superior Court
for collection of the penalty on August 11, 2000. Defendant.has not answered this complaint and
9

the State filed a Motion for Default Judgment with Surry County Superior Court on March 26,
2001. (These documents are on file with the Surry County Superior Court).
30. - On November 13, 1995, 'Allan Smith, an inspector with the Division of
Environmental Management (now DWQ), inspected the Radford Dairy Farm and observed that
the waste storage pond was full and that waste was overflowing the dam and running directly
into Silverleaf Creek on a continuous basis. A Notice of Violation was sent to defendant
documenting such inspection on December 5, 1995.
31. The storage pond at the Radford Dairy Farm current]v .contains over 100,000
gall ons of animal waste. The inadequate freeboard level in the storage pond and the eroded push
off ramp greatly increases the risk that the liquid in the. lagoon will either- overtop the lagoon
structure or that the lagoon wall will fail. If the lagoon wall fails,.the waste in it would flow into
the diversion ditch which leads to H.verleaf-Creek to Archie's Creek and ultimately to the Dan
River. This situation constitutes an immediate threat -to the State's surface waters. A significant
failure at this site could have a serious impact on water quality in SUverleaf Creek, Archie's
Creek, and the Dan River. For these reasons, time is of the essence and a temporary restraining
order is necessary to require the defendant to prevent -this injury, loss, and damage to the
State's waters before a notice and hearing can be held on Plaintiffs Motioni for a Temporary
Restraining Order.
32. The inadequate freeboard level of the defendant's storage pond and the eroded
concrete push off ramp. at the Radford Dairy Farm pose the threat of an imminent and unlawful
discharge to the waters of the State. The caws on the defendant's farm continue to produce
waste which is pushed into a storage pond that is almost full and in danger of failing. The
0

storage pond is not structurally sound and the defendant has no plan to properly manage the
animal waste at his farm. In order to alleviate the threat posed by the unsafe condition of the
defendant's storage pond, the defendant must immediately act to repair the storage pond and
push off ramp and to lower the freeboard in the storage pond. In the alternative, defendant must
immediately remove all animals
33. The continued operation of the animal waste system without adequate freeboard
and with a structurally deficient storage pond threatens to cause: (a) serious danger to the public
health, safety, and welfare of the people of the State of.North Carolina. and (h) serious harm to
the land and water resources of the State of North Carolina. thereby constituting a pubiic
raiisunc:e. The storage pond and push off ramp must be repaired, the diversion. ditch -eliminated,
and the freeboard increased to a safe level in order to abate the nuisance. In the alternative, ,he
defendant should terminate or suspend all operations at the far:,, until the nuisance has been
abated.
15 Y CMIrajT Q z1jjur'1C:HQI-L
IT IS THEREFORE ORDERED that the Motion' for ,j r is
hereby GRANTED and it is Ordered, Adjudged and decreed:
1. That the defendant shall:
a. within 'hours of the effective date of the order, si4 , 4
Salemj®ffice�for its,apprVal, a planAoutl,iz ing-hoW,,,�the-defendant wiil-.reduce the�leveltof:Iiqui�''d
impounded,in„its store .,;, ond,so thata-rnznirntim�„of l2iricheslof freeboazdwzIlbe attained
1 P
. ATt A-. .iY•-.. i^ AI
Mthin da}Ts;ofthe DW,Q°s approval of�thefipIaifand;:furth r, otitIining_�I�oW the defends will
of .: S-"r=r9 V, N- y ti,.. �' .IS ;':q,} `.t: t,rt
maintain-a-mimmii 6 12 inches bffreeboard'tff -storage pond.at all=times.
10

r
b. v�Jithii2'�purSthe;�pl�approlbegin ooirnpl'ern ntthe lagoon level
reduction plan. Defendant shall oijfain "am6ini'mumofl2inehesof freeboardwithin0-a3 srof
�itiati`or ��of,tl �e�l�lan�, .
JC. withinFM the effective date of this order, initiate and complete the repair
of the M- Crete berms; one located near the concrete push off ramp and the other located near the
entrance to the freestall barn.
Jd. with' 30 da) s of the effective date of this order. initiate and complete repair and
stabilization of the eonpxuh�rif??=arncted at t1'te edge of tl;e storage pond which is
behind the milking parlor.
e. " within ib dUs of the effective date of this -order, either obtain a ee-YKAI djanirnal,
'ast�gement*plan+fo tli9 dairy farm and apply to the DWQ Central Office for an
individual non -discharge permit for animal operations; or submit a clourlan for the dairy
farm. Such closure plan shall include a plan for closure of the storage pond.
If. wit da),s of the effective date of this order, 1h the dikersion. ditch running
parallel between the storage pond and Silverleaf Creek, and repair the two animal burrow holes
located in the dike wall.
q;L
1 2. That in the event that witld.n hours the defendant, cannot design and implement
qa plan to obtain adequate freeboard within 3O-days of�the,exectionof this order, asspeeifiedin
paragrapHQ(iq) above, the defendarttshall it edia l,y r o'v the-0cows=from�the farm
("'depopulation"). Such depopulation shall be completed as soon as possible but iMgojeXgptA
morel ays afters effective date of the temporary restraining order. Thereafter, the
defendant shall cease and refrain from all operations of the dairy farm, including. but not limited
I

to the introduction of any cows to the farm, the impregnation of any cows at the farm, or the
production of any new animal waste at the farm until and unless the defendant has:
a. ,attaine�A 1,4 n0'es of freeboard in the lagoon, and
b. ,al5are ithesh'gE `dous' conditio-ns "p ser emtlpexistinc, on the farm which pose a
public nuisance, ob art ecl a ertifiedai�imal waste mariagernentplan and ppIitd,,forfa d�
received7ET4 dividualq'i'ori=discharge$permit-for,animal-;operat ons €rom,.the W, ential .Offiae
3. That this Court preliminarily, and upon final judgment permanently, enter a
mandatory injunction, requiring defendant to abate the hazardous conditions presently existing
on its farm whicli.pose a.public nuisance, to complete all repairs specified in paragraphs 2(c) and
2(d) and 2(f), and fill in the diversion ditch running parallel between the the -storage pond and
Silver]eaf Creek and repair the animal burrow holes located in the dike wall of the lagoon, obtain
a certified animal waste management plan for the dairy farm, and either apply for and receive an
individual non -discharge permit from DWQ or submit and implement a closure plan for the dairy
��
4. That if the defendant determines that it is in its best interest to terminate the dairy
operation at the Radford Dairy Farm, the defendant shall (1) withtn 30Vays ofthe_e ecuti.o`nlof
this"order, submit to the DWQ Winston Salem Regional Office a closure plan for the dairy farm
which includes a plan for closure of the storage pond; (2) wind down all operations, and (3)
within 5 monfi70M.tlie ubrnia f the closure pal to D�i�+�Q, complete the closure of the dairy --A
farm, including closure of the storage pond at this site in accordance with the Natural Resource
Conservation Service standards for lagoon closure
12

� murY inn- r3
5. That the `� order is enforceable by and through the contempt
pourers of this Court, pursuant to Chapter A of the North Carolina General Statutes,
6. IT IS FURTHE ORDERED that a hearing will held in the Superior Court of
Sum, County on the day of 1 at a.m. or as soon thereafter as
the matter may be heard to determine ther the to f this Order should continue and
whether further relief as so - t in the Compl
aint laint should be granted.
This the ay of March, 2d41� M
Superior CoArt Judge _2
by �� by
cbx- z. a w (17
All
�C
13

-
0
STATE OF NORTH CAROLINA
COUNTY OF SURRY
STATE OF NORTH CAROLINA, ex rel
ROY COOPER, Attorney General
ex rel., William G. Ross, Jr.,
Secretary, North Carolina Department of
Environment. and Natural
Resources,
Plaintiff,
V.
ROGER DALE RADFORD AND
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
01 CVS
COMPLAINT AND APPLICATION
FOR TEMPORARY RESTRAINING
ORDER AND MOTION FOR
INJUNCTIVE RELIEF
The State of North Carolina in accordance with Article 21 of Chapter 143. and Article 37
of Chapter 1 of the North Carolina General Statutes, and N.C.G.S. § lA-1, Rule 65 complaining
of the defendant, alleges and says:
PARTIES
l . The plaintiff is the sovereign State of North Carolina. The plaintiff brings this
action on its behalf and as parens patriae on behalf of all residents and citizens of the State of
North Carolina, especially those residing near or downstream of the Radford Dairy Farm. Roy
Cooper, Attorney General, is the elective legal officer of the State of North Carolina, and is
empowered to bring the common law nuisance claims contained herein on behalf of all residents
and citizens of the State. The Department of Environment and Natural Resources ("DENR" or
the "Department"), is an agency of the State established pursuant to the provisions of G.S.

•
14313-275, et sgq., and is vested with the statutory authority regarding protection of the
environment invoked herein. William G. Ross, Jr., is the Secretary of DENR.
2. The defendant, Roger Dale Radford is the operator of the Radford Dairy Farm
("the farm") located in the Northeastern part of Surry County, North Carolina, approximately
one-half mile off State Road 103 near the North Carolina -Virginia state Iine. Defendant is the
lessee of the property on which the farm is located and also has an option to buy the property.
JURISDICTION AND VENUE
3. The Superior Court has jurisdiction of this action for injunctive relief for existing
or threatened violations of various .laws and rules governing the protection of water resources
pursuant to N.C. Gen. Stat. §§ 7A-245 and 143-215.6C, and North Carolina's common law of
public nuisance.
4. Surry County is a proper venue for this action because the violations or threatened
violations which are the subject of this action for injunctive relief have occurred, are occurring,
and may occur in Surry County.
GENERAL ALLEGATIONS
Applicable Laws and Regulations
5. Pursuant to Article III, Section 7 of the Constitution of North Carolina, N.C. Gen.
Stat. § 114-1.1, and the common law, the Attorney General is vested with common law powers
to have public nuisances abated.
6. Pursuant to N.C. Gen. Stat. § 143-215.3(a)(1), the Environmental Management
Commission ("EMC" or. the "Commission") has the power ."[t)o make rules implementing
2

Articles 21, 21A, 21B or 38 of this Chapter." These statutes, and the rules adopted under them,
are designed to further the public policy of the State, as declared in N.C. Gen. Stat. § 143-211,
"to provide for the conservation of its water and air resources... [and], within the context of this
Article [21] and Articles 21A and 21B of this Chapter [143], to achieve and to maintain for the
citizens of the State a total environment of superior quality."
7. N.C. Gen. Stat. § 143-211 further provides that "[s]tandards of water and air
purity shall be designed to protect human health, to prevent injury to plant and animal life, to
prevent damage to public and private property, to insure the continued enjoyment of the natural
attractions of the State, to encourage the expansion of employment opportunities, to provide a
permanent foundation for healthy industrial development and to secure for the people of North
Carolina, now and in the future, the beneficial uses of these great natural resources."
8. The Commission has the power to issue permits with such conditions attached as
the Commission believes are necessary to achieve the purposes of Article 21 of Chapter 143 of
the General Statutes. N.C.Gen. Stat. § 143-215.1(b).
9. Pursuant to 15A NCAC 2H.0217, animal waste management systems for which
waste does not reach the surface waters by runoff, drift, direct application or direct discharge
during operation or land application and which are designed for and actually serve less than 100
head of cattle are "deemed permitted" pursuant to G.S. 143-215.1(d) and are not required to
obtain an individual permit from the Division of Water Quality.
10. Animal waste management systems which are "deemed permitted" and that are
determined to have an adverse impact on water quality may be required to obtain an approved
Ica

animal waste management plan or to apply for and receive an individual non -discharge permit
from the Division of Water Quality. 15A NCAC 2H.0217(a)(1)(A). The Director of the
Division of Water Quality may on a case by case basis determine that a facility should not be
deemed permitted and may require such facility to obtain an individual non -discharge permit.
This determination will be made based on existing or projected environmental impacts. NCAC
2H.0217(b)
11. Pursuant to its authority in N.C. Gen. Stat. § 143-215.3(a)(4) to delegate such of
its powers as it deems necessary, the Commission has delegated the authority to issue individual
non -discharge permits and certificates of coverage under the animal waste management system
general permit to the Director of the Department's Division of Water Quality ("DWQ"). 15A
NCAC 2H.0209.
12. N.C. Gen. Stat. § 143-215.1 requires a permit from the Commission before any
person can "make outlets into the waters of the state" or "cause or permit any waste, directly or
indirectly, to be discharged to or in any manner intermixed with the waters of the State in
violation of the water quality standards applicable to the assigned classifications ... unless
allowed as a condition of any permit, special order or other appropriate instrument issued or
entered into by the Commission under the provisions of this Article [Article 21 of Chapter 143
of the General Statutes]." N.C. Gen. Stat. §143-215.1(a)(1) and (6).
I3. Rules adopted by the EMC at Subchapter 2H.0200 of Title 15A of the North
Carolina Administrative Code ("the Code") establish the requirements and procedures for
application and issuance of permits for waste disposal systems which do not discharge to the
4

t
surface waters of the State, including, among others, animal waste management systems. These
rules (the "non -discharge rules") are attached hereto as Exhibit A.
14. The Code defines animal waste management system as "a combination of
structural and non-structural practices which will properly collect, treat, store or apply animal
waste to the land such that no discharge of pollutants occurs to surface waters of the state
[Emphasis added] by any -means except as a result of a storm event more severe than the 25-year,
24 hour storm." 15A NCAC 2H.0203(3).
15. ' Pursuant to N.C. Gen. Stat. § 143-215.6C, "[w]henever the Department has
reasonable cause to believe that any person has violated or is threatening to violate any of the
provisions of this Part [Part 1, Article 21, of the North Carolina General Statutes], any of the
terms of any permit issued pursuant to this Part, or a rule implementing this Part, ..." the
Department is authorized to "request the Attorney General to institute a civil action in the name
of the State upon the relation of the Department for injunctive relief to restrain the violation or
threatened violation."
16. That section further provides that "[u]pon a determination by the court that the
alleged violation of the provisions of this Part or the regulations of the Commission has occurred
or is threatened, the court shall grant the relief necessary to prevent or abate the violation or
threatened violation." N.C. Gen. Stat. § 143-215.6C.
17, Additionally, the section provides that "[n]either the institution of the action nor
any of the proceedings thereon shall relieve any party to such proceedings from any penalty
prescribed for violation of this Part." N.C. Gen. Stat. § 143-215.6C.
E

Factual Allegations
18. The defendant Roger Dale Radford operates the Radford Dairy Farm located one-
half mile off of State Road 103 at the North Carolina/Virginia state line. The dairy farm consists
of a milking parlor, a holding pond for the animal waste, a push off ramp where waste is scraped,
gathered, and pushed into the holding pond, and spray fields onto which animal waste can be
applied. Currently, there are approximately 40 cows on the farm. The holding pond can hold
approximately 181,914 gallons of animal waste when full. A diagram of the farm is attached
hereto as Exhibit B.
19. Defendant does not have a certified animaI waste management plan or a general or
individual permit for the farm. The facility is "deemed permitted" pursuant to 15A NCAC
2H.0217.
20. Silverleaf Creek, classified as Class C trout waters of the State is' located
approximately 25 meters from the waste storage pond at the farm.. Silverleaf Creek runs to
Archie's Creek which leads to the Dan River in the Roanoke River Basin.
21. On March 22, 2001 at approximately 1:30 p.m., Melissa Rosebrock, an
Environmental Specialist with the Winston Salem Regional Office of the North Carolina
Division of Water Quality ("DWQ") and Tony Davis of the Surry County Soil and Watcr
Conservation District visited the Radford Dairy Farm for an annual inspection of the facility.
Ms. Rosebrock observed that several pastures were denuded and that two to three feet of animal
waste had been pushed up to the end of a push -off ramp on the side of the waste storage pond. A
C:l

portion of the push -off ramp had begun to' fall into the storage pond due to erosion of the soil
underneath the pad.
22. Two animal burrow holes were noted in the wall of the storage pond and the wall
closest to Silverleaf Creek was overgrown with vegetation. Ms. Rosebrock observed that the
freeboard (amount of space from top of liquid to top of dike wall) of the storage lagoon was
approximately four inches below the spillway, which is located adjacent to the push -off ramp and
behind the milking parlor. There was evidence that waste had been discharged out of the
spillway in that liquid waste was present on the outside of the spillway. The spillway leads to a
diversion ditch which contained liquid animal waste. Ms Rosebrock followed the diversion ditch
approximately eighty yards where she observed the animal waste flowing into a hole in the
ground. She observed waste pooled in a depression below a culvert (pipe) approximately 12 feet
from the hole where the waste had entered. Silverleaf Creek is located approximately 20 feet
below the pooled area of waste and Ms. Rosebrock observed an eroded channel leading from the
pooled area to Silverleaf Creek.
23. Animal waste had been pushed off the concrete lot where cows are contained and
the entire area below the freestall barn was wet and contained a dark _brown liquid which
appeared to be animal waste. Wastewater that exits the concrete lot travels to a man-made
diversion ditch running parallel to Silverleaf Creek, approximately 100 yards from the storage
pond.
24. As Ms. Rosebrock was completing her inspection, she saw several pieces of cattle
carcasses in the late stage of decomposition located approximately 35 feet from the rear of the
7

milk barn and in front of the feed bin. After leaving the farm, Ms. Rosebrock called the State
Veterinarian's office in Raleigh, North Carolina to report the observance of the dead animals.
Ms. Rosebrock's inspection report from her March 22, 2001 inspection of the facility is attached
as Exhibit C. Sixteen photographs take by Ms. Rosebrock at the farm on March 22, 2001 are
attached as Exhibits D1 - D16.
25, On March 30, 2000, Ms. Rosebrock inspected the Radford Dairy Farm. There
was no one present at the site during the inspection. During the inspection she noted that there
was 0 (zero) inches of freeboard in the storage pond and solid and liquid waste were exiting the
lagoon running off of the sides of the barn lots into the pasture beside the creek. The waste was
running through a man-made diversion ditch located parallel to Silverleaf Creek to another field
where it dissipated near the creek. During this inspection, Ms. Rosebrock saw no evidence that
any waste had been pumped or irrigated to sprayfields. Ms. Rosebrock also observed two dead
cattle carcasses on the west side of the milking parlor. Ms. Rosebrock's inspection report is
attached as Exhibit E.
26. On April 3, 2000, Ms. Rosebrock again inspected the Radford Dairy Farm. She
noted that there was 0 (zero) inches of freeboard and solid and liquid waste was still exiting the
lagoon at was running off the sides of the barnlots into the pasture beside the creek. The dead
cattle carcasses she observed during the March 20, 2000 inspection were still lying along the
fence. This inspection report is attached as Exhibit F. Defendant was sent a Notice of
Violation on May 4, 2000 documenting the violations at the farm and summarizing the farm's
past noncompliance. This document is included as Exhibit G.

0
27. On February 17, 1998, DWQ inspectors Mike Mickey and Jenny Rankin from
DWQ inspected the Radford Dairy Farm and observed that the storage pond had 0 (zero) inches
of freeboard and waste was discharging from the pond into a man-made diversion ditch. Waste
was observed flowing into Silverleaf Creek. A February 20, 1998 Notice of Violation
documenting these occurrences is included as Exhibit H.
28. On July 15, 1997, Mike Mickey and Jenny Rankin of DWQ inspected the
Radford Dairy Farm and observed that the storage pond had almost no freeboard and there was
no evidence that defendant had attempted to increase the waste level in the lagoon by spraying on
sprayfields. In addition, evidence of a past discharge of waste was observed. A July 23, 1997
Notice of Deficiency to defendant is included as documentation of these events as Exhibit I.
29. On July 23, 1997, defendant and Sherman Anderson, former owner of the farm,
were assessed a civil penalty by the Director of the Division of Water Quality for a discharge of
animal waste to waters of the State in violation of N.C.G.S. § 143-215.1. This penalty is
attached as Exhibit J. Defendant has paid only $228,59 of the penalty. A complaint was filed
by the State in Surry County Superior Court for collection of the penalty on August 11, 2000.
Defendant has not answered this complaint and the State filed a Motion for Default Judgment
with Surry County Superior Court on March 26, 2001. (These documents are on file with the
Surry County Superior Court).
30, On November 13, 1995, Allan Smith, an inspector with the Division of
Environmental Management (now DWQ), inspected the Radford Dairy Farm and observed that
the waste storage pond was full and that waste was overflowing the dam and running directly
6

into Silverleaf Creek on a continuous basis. A Notice of Violation was sent to defendant
documenting such inspection on December 5, 1995. This NOV is attached as Exhibit K.
31. The storage pond at the Radford Dairy Farm currently contains over 100,000
gallons of animal waste. The inadequate freeboard level in the storage pond and the eroded push
off ramp greatly increases the risk that the liquid in the lagoon will either overtop the lagoon
structure or that the lagoon wall will fail. If the lagoon wall fails, the waste in it would flow into
the diversion ditch which leads to Silverleaf, Creek to Archie's Creek and ultimately to the Dan
River. This situation constitutes an immediate threat to the State's surface waters. A significant
failure at this site could have a serious impact on water quality in Silverleaf Creek, - Archie's
Creek, and the Dan River. For these reasons, time is of the essence and a temporary restraining
order is necessary to require the defendant to prevent this injury, loss, and damage to the
State's waters before a notice and hearing can be held on Plaintiff's Motion for a Temporary
Restraining Order.
32. The inadequate freeboard level of the defendant's storage pond and the eroded
concrete push off ramp at the Radford Dairy Farm pose the threat of an imminent and unlawful
discharge to the waters of the State. The cows on the defendant's farm continue to produce
waste which is pushed into a storage pond that is almost full and in danger of failing. The
storage pond is not structurally sound and the defendant has no plan to properly manage the
animal waste at his farm. In order to alleviate the threat posed by the unsafe condition of the
defendant's storage pond, the defendant must immediately act to repair the storage pond and
9

push off ramp and to lower the freeboard in the storage pond. In the alternative, defendant must
immediately remove all animals from the Radford Dairy Farm.
CLAIM FOR RELIEF
33. The allegations contained in paragraphs 1 through 32 are incorporated into this
claim for relief as if fully set forth herein.
34. The continued operation of the animal waste system without adequate freeboard
and with a structurally deficient storage pond threatens to cause: (a) serious danger to the public
health, safety, and welfare of the people of the State of North Carolina, and (b) serious harm to
the land and water resources of the State of North Carolina, thereby constituting a public
nuisance. The storage pond and push off ramp must be repaired, the diversion ditch eliminated,
and the freeboard increased to a safe level in order to abate the nuisance. In the alternative, the
defendant should terminate or suspend all operations at the farm until the nuisance has been
abated.
35. The public nuisance can be abated by a variety of different means and measures
within the control of the defendant. Plaintiffs seek the assistance of this Court in crafting an
action plan to abate the nuisance, including, but not limited to: structural repair to the storage
pond, push -off ramp and concrete berms, elimination of the diversion ditch, pumping and
hauling waste from the storage pond, and applying for and receiving an individual non -discharge
permit from the North Carolina Division of Water Quality.
36. Plaintiff is entitled a temporary restraining order, and a preliminary and
permanent injunctive relief mandating abatement of the nuisance.

37. Plaintiff has notified defendant of the Complaint and the Motion for a Temporary
Restraining Order by leaving a voice mail message on his answering machine, by serving the
notice in overnight Federal Express Mail on Friday March 23, 2001, and by posting a copy of the
Notice of Hearing on his milk parlor and on another building and the Radford Dairy Farm on
Friday March 23, 2001.
PRAYER FOR RELIEF
WHEREFORE, the plaintiff, State of North Carolina, prays that the Court grant to it the
following relief:
That the Court accept this verified complaint as an affidavit upon which to base
all orders of the Court.
2. That the Court enter a temporary restraining order without notice or hearing
requiring the following;
a. That within 48 hours of the effective date of the order, the defendant shall submit
to the DWQ Winston Salem Office for its approval, a plan outlining how the defendant will
reduce the level of liquid impounded in its storage pond so that a minimum of 12 inches of
freeboard will be attained within 30 days of the DWQ's approval of the plan and, further,
outlining how the defendant will maintain a minimum of 12 inches of freeboard in the storage
pond at all times.
b. - That within 24 hours of the plan approval, the defendant shall begin to implement
the lagoon level reduction plan. Defendant shall obtain a minimum of 12 inches of freeboard
within 30 days of initiation of the plan.
12

That within 30 days of the effective date of this order, the defendant shall initiate
and complete the repair of the concrete berms, one located near the concrete push off ramp and
the other located near the entrance to the freestall barn.
d. That within 30 days of the effective date of this order, the defendant shall 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.
e. That within.30 days of the effective date of this order, the defendant shall 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 dairy farm. Such closure plan shall include a plan for closure of the storage pond.
f. That within 30 days of the effective date of this order, defendant shall fill in the
diversion ditch running parallel between the storage pond and Silverleaf Creek, and repair the
two animal burrow holes located in the dike wall.
3. That in the event that within 48 hours the defendant cannot design and implement
a plan to obtain adequate freeboard within 30 days of the execution of this order, as specified in
paragraph 2(a) above, the defendant shall immediately remove the cows from the farm
("depopulation"). Such depopulation shall be completed as soon as possible but in no event
more than 14 days after the effective date of the temporary restraining -order. Thereafter, the
defendant shall cease and refrain from all operations of the dairy farm, including but not limited
to the introduction of any cows to the farm, the impregnation of any cows at the farm, or the
production of any new animal waste at the farm until and unless the defendant has:
13

0
a. attained 12 inches of freeboard in the lagoon, and
b. abated the hazardous conditions presently existing on the farm which pose a
public nuisance, obtained a certified animal waste management plan, and applied for and
received an individual non -discharge permit for animal operations from the DWQ Central Office.
4. That the Defendant be ordered to appear at a time and place set by the Court for a
preliminary injunction hearing to determine whether the terms of the Order and the relief sought
in the Complaint should be granted.
5. That this Court preliminarily, and upon final judgment permanently, enter a
mandatory injunction, requiring defendant to abate the hazardous conditions presently existing
on its farm which pose a public nuisance, to complete all repairs specified in paragraphs 2(c) and
2(d) and 2(f), and fill in the diversion ditch running parallel between the the storage pond and
Silverleaf Creek and repair the animal burrow holes located in the dike wall of the lagoon; obtain
a certified animal waste management plan for the dairy farm, and either apply for and receive an
individual non -discharge permit from DWQ or submit and implement a closure plan for the dairy
farm.
6. That if the defendant determines that it is in its best interest to terminate the dairy
operation at the Radford Dairy Farm, the defendant shall (1) within 30 days of the execution of
this order, submit to the DWQ Winston Salem Regional Office a closure plan for the dairy farm
which includes a plan for closure of the storage pond; (2) wind down all operations, and (3)
within 6 months of the submittal of the closure plan to DWQ, complete the closure of the dairy
14

A
0
farm, including closure of the storage pond at this site in accordance with the Natural Resource
Conservation Service standards for lagoon closure.
7. That any temporary restraining order, preliminary injunction or permanent
injunction issued by the Court shall be enforceable by and through the contempt powers of this
Court, pursuant to Chapter A of the North Carolina General Statutes.
S. That this Court grant such other and further relief as the Court shall deem to be
just and proper.
Respectfully submitted, this the c`p day of March, 2001.
ROY COOPER
Attorney General
By
Mary Dee Caraway
Assistant Attorney General
N.C. Department of Justice
Environmental Division -
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
15

l
STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF SURRY
Melissa Rosebrock, first being duly sworn, deposes and says thatihe is an Environmental
Specialist with the Winston Salem Regional Office of the Division of Water Quality in the North
Carolina Department of Environment and Natural Resources; thatshe has read the foregoing
Complaint and Motion, and thatShe is acquainted with the facts and circumstances alleged
therein; and believes them to be true.
Subscribed and sworn to before me
this the W tay of Z �, 2001.
Notary Public
My Commission Expires: 3.-OF-43
(SEAL) OFFICIAL SEAL
~Q V?LDA H. MYERS
NOTARY PUBLIC -NORTH CAROLINA
DAVIE COUNTY N. C.
elj sa Rosebr c ,Environmental Specialist
DWQ - Winston Salem Regional Office
In

,. :-
ENR - EA RONME.NT AGEMENT T15A: 02H.0200
(1) violation of any terms or conditions of the permit; E X I $ I t
(2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
(3) refusal of the permittee to allow authorized employees of the Department of Environment, He
Resources upon presentation of credentials:
(a) to enter upon permittee's premises on which a system is located in which any recor
be kept under terms and conditions of the permit;
(b) to have access to any copy and records required to be kept under terms and conditions of the permit;
(c) to inspect any monitoring equipment or method required in the permit; or,
(d) to sample any discharge of pollutants.
(4) failure to pay the annual fee for administering and compliance monitoring.
HistoryNote: Authority G.S. 143-215.3(a)(1); 143-215.1(b)(2);
E,f: February 1, 1976,-
Amended Eff. February 1, 1993; August 1, 1988; October 1, 1987, November 1, 1978.
.0214 INVESTIGATIONS: MONITORING AND REPORTING
HistoryNate: Authority G.S. 143-215.3(a); 143-215.1(b);
E,$ February 1, 1976,
Amended E, f' November 1, 1978,
Repealed -4' October 1, 1987.
.0215 DELEGATION OF AUTHORITY
For permits issued by the Division, the Director is authorized to delegate any or all of the functions contained in these
Rules except the following:
(1) denial of a permit application;
(2) revocation of a permit not requested by the permittee;
(3) modification of a permit not requested by the permittee.
HistoryNote: Authority G.S 143-215.3(a)(1); 143-215.3(a)(4);
Ef. February 1, 1976
Amended E,f." February 1, 1993; October 1, 1987, February 1, 1986.
.0216 LIMITATION ON DELEGATION
HistoryNote: Authority G.S. 143-215.3(a)(1); 143-215.9(d); 143-215.3(a)(4);
E,,. February 1, 1976,
Repealed Ef. .. February 1, 1986.
.0217 PERIVIITTING BY REGULATION
(a) The following nondischarge facilities are deemed to be permitted pursuant to G.S. 143-215.1(d) and it shall not
be necessary for the Division to issue individual permits for construction or operation of the following facilities:
(1) Animal waste management systems for which waste does not reach the surface waters by runoff, drift, direct
application or direct discharge during operation or land application and which meet the following criteria:
(A) Systems which are designed for, and actually serve, less than the following number of animals and all
other systems not specifically mentioned in this Rule:
100 head of cattle
75 horses
r� 250 swine
1,000 sheep
30,000 birds with a liquid waste system
Although these systems are not required to obtain an approved animal waste management plan, animal
waste treatment and storage facilities such as, but not limited to, lagoons, ponds, and drystacks which
are designed and constructed to serve new, upgraded or expanded facilities under these size criteria
are encouraged to meet the same minimum standards and specifications as required for an approved
animal waste management plan. Systems that are determined to have an adverse impact on ---
water
nrnP7'r-r rArPnr rnTA Ar)AfTA7CTR.4tTrT/F rnr)F 01124100 Pave 16

Aft
E14R - E.'�'VIRONMEN� MANAGEME,'�'T TI�A: 01H.0 00
slily may he required to obtain an approved animal waste management plan or to apply for and
r
eceive-indMdual..non harm, _frame DEMy i
(B) operaiionMhic use a drylitter system if records are maintained for one year which include
the dates the litter was removed, the estimated amount of litter removed and the location of the sites
where the litter was land applied by the poultry operation, the waste is applied at no greater than
agronomic rates and if litter is stockpiled not closed than 100 feet from perennial waters as indicated
on the most recent published version of U.S.G.S. 1:24.000.(7.5 minute) scale topographic maps and
other waters as determined by the local soil and water conservation district. If a third party applicators
is used, records must be maintained of the naive, address and phone number of the third party
applicator.
(C) Land application sites under separate ownership from the waste generator, receiving animal waste from
feedlots which is applied by either the generator or a third party applicator, when all the following
conditions are met:
(i) the waste is applied at no greater than agronomic rates;
(u) a vegetative buffer (separation) of at least 25 feet is maintained from perennial waters as
indicated on the most recent published version of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps and other waters as determined by the local soil and water conservation
district, if a wet waste application system is used.
(D) Existing animal waste management systems serving equal to or greater than the number of animals as
listed in Part (a)(l)(A) of this Rule until December 31, 1997. In addition, a registration form. for the
system must be submitted to DEM on forms supplied or approved by DEM pursuant to Paragraph (c)
of this Rule. Systems that are determined to have an adverse impact on water quality may be required
to obtain an approved animal waste management plan or to apply for and receive an individual
nondischarge permit from DEM.
(E) Existing animal waste management systems serving equal to or greater than the number of animal as
listed in Part (a)(])(A) of this Rule, which have an approved animal waste management plan by
December 31, 1997. Systems that do not have an approved animal waste management plan or are
determined to have an adverse impact on water quality may be required to apply for and receive an
individual nondischarge permit from DEM.
(F) New and expanded animal waste management systems serving equal to or greater than the number of
animals listed in Part (a)(1)(A) of this Rule which are placed in operation during the period from the
effective date of this Rule through December 31,1993 and which submitted a registration form for the
system to DEM on forms supplied or approved by DEM. Systems that are determined to have an
adverse impact on water quality may be required to obtain an approved animal waste management plan
or to apply for and receive an individual nondischarge permit ]from DEM.
(G) New and expanded animal waste management systems serving equal to or greater than the number of
animals listed in Part (a)(1)(A) of this Rule, which have an approved animal waste management plan
after December 31, 1993.
(H) For the purpose of this Rule, the procedtires for the development of an approved animal waste
management plan shall be as follows:
(i) The animal waste management practices or combination of practices which are selected to
comprise a plan for a specific feedlot must meet the minimum standards and specifications of
the U.S. Department of Agriculture - Soil Conservation Service contained in the Field Office
Technical Guide or the standard of practices adopted by the Soil and Water commission or
standards for any combination of practices which provide water. quality protection and are
approved by one of these two agencies.
(ii) Plans must be certified by any technical specialist designated pursuant to rules adopted by the
Soil and Water Conservation Commission and the certificate submitted to the DEM central
office on forms approved or supplied by DEM. The technical specialist must certify that the.
bestmanagernent practices which comprise the plan meet the applicable minimum standards and
specifications. Should the Soil and Water Conservation Commission fail to adopt rules to
implement the provisions of this Rule within 12 months of its effective date, all animal waste
management systems that would have been required to obtain an approved animal waste
management plan must apply for and receive an individual nondischarge permit from the
Division of Environmental Management.
(iii) The land application buffers must meetthe conditions established in Subpart (a)(1)(C)(ii) of this -
Rule.
(iv) The waste shall not be applied at greater than agronomic rates.
NORTH CAROLINA ADMINISTRATITT CODE 01/.24100 Pimp 77

TR - EAT RONMEA7 1p141\AGEMEI�'T � T15A: 02H.0200
(v) For new or expanded animal waste management systems requiring a plan, plan approval must
include an on -site inspection to confirm that animal waste storage and treatment structures such
as but not limited to lagoons and ponds have been designed and constructed to meet the
appropriate minimum standards and specifications.
(vi) New and expanded animal waste storage and treatment facilities such as but not limited to
lagoons and ponds shall be located at least 100 feet from perennial waters as indicated on the
most recent published version of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps and
other waters as determined by the local soil and water conservation district. This buffer
requirement shall also apply to areas where an established vegetative cover will not be
maintained because of the concentration of animals, with the exception of stream crossings.
Animal waste storage/treatment facilities and animal concentration areas will be exempt from
the minimum buffer requirements if it can be documented that no practicable alternative exists
and that equivalent controls are' used as approved by the Soil and Water Conservation
Commission.
(vii) For new facilities, an animal waste management plan must be approved before animals are
initially stocked. For an expanded facility, an animal waste management plan must be approved
before the additional animals are stocked. New and expanded systems may be constructed in
phases as long as each phase meets the minimum criteria established in Subpart (a)(1)(M(i) of
this Rule.
(viii) For existing animal waste management systems, the animal waste management plan shall
include only operational and maintenance standards and specifications in effect on the date of
plan approval. Meeting minimum design and construction standards and specifications for
existing animal waste storage and treatment structures, such as but not limited to lagoons and
ponds, shall not be required foi plan approval.
(ix) An approved plan for an existing animal waste management system maybe amended at any time
without submitting a new certification to DEM if the revision meets minimum standards and
specifications and is approved by any technical specialist designated pursuant to Subpart
(a)(l)(H)(ii) of this Rule.
(x) For animal waste management systems which use third party applicators, the plan must require
a current record to be maintained for a period of one year which includes the name, address and
phone number of the third party applicator, the date of removal of the animal waste and the
amount of waste removed.
(xi) An approved plan is not required to be approved again when revisions are made to the minimum
standards and specifications, but such revision, as applicable, will be encouraged to be
incorporated into the plan.
(xii) For each change in ownership of the feedlot, the new owner must notify DEM in writing within
60 days of transfer of ownership that the approved plan has been read and is understood and that
all provisions of the plan will be implemented.
(xiii) A copy of the approved plan, the signed certification form and any approved revisions to the
plan shall be maintained by the operator.
(2) Treatment works and disposal systems for solid waste disposal sites and composting facilities for solid waste, .�
residuals or residues approved in accordance with the rules of the Commission for Health Services if tht -
Commission forHealth Services has received the written concurrence of the Director. The term solid waste,:`-x'
is used as defined in G.S. I30A-290 and includes hazardous waste.
(3) Any building sewer documented by the local building inspector to be in compliance with the N.C. State.;; W,
Plumbing Code.
(4) Sites permitted under the authority of the Commission for Health Services for the disposal/utilization of M
residuals/septage.
(5) Individual land application sites receiving compost or other stabilized residuals that are demonstrated as being
nonhazardous and nontoxic, meet EPA's criteria for PFRP or Class A residuals as defined in 40 CFR 503,
are registered by the North'Carolina Department of Agriculture as a commercial fertilizer/soil amendment,._
are utilized at agronomic rates and are sold and used exclusively in bag form. No distinction will be made.*
as to whether the material is bagged in North Carolina or shipped into the state already bagged
(6) Storage sites for petroleum contaminated soils that are utilized for less than 45 days, storage is on 10 mt- or;14.
thicker plastic, provisions are made for containing potential leachate and runoff and approval of the activttr,.=
has been receiving from the appropriate DEM Regional Supervisor or his designee.:'
(7) Land application sites for petroleum contaminated soils with volumes of soil from each source of less them
r e I t :n cub'c ards d I f th ct' h been received from the a ro riat DEM Regional r' �
o qua o � y an approva o e a rvity as pp p e .�-,��
NORTH CAROLINA ADMINISTRATIVE CODE 02124100
Page 1 d

ENR-EAVTROIVMENT MAN.4CEMENT 191kh. TISA: 02H.0200
WNEW
Supervisor or his designee.
(8) Swimming Pool filter backwash and pool drainage that is discharged to the land surface.
(9) Drilling muds, cuttings and well water from the development of wells.
(10) Composting facilities for dead animals, if the facilities are constructed and operated in accordance with
guidelines approved by the North Carolina Department of Agriculture, are constructed on an impervious,
weight -bearing foundation, operated under a roof and are approved by the State Veterinarian.
(11) Operations that involve routine maintenance or the rehabilitation of existing sewer lines. In situations where
existing sewer lines are undergoing routine maintenance, the existing sewer Iines are being rehabilitated by
constructing or installing replacement sewers, or the existing sewer lines are being refurbished by the
installation of some type of sealant or sleeve inside the existing sewer line, a specific nondischarge permit
is not required. These operations will be deemed to be permitted as long as all construction and installation
conforms to the design criteria of the Division pursuant to Rule .0219 of this Section, as long as new sources
of wastewater flow are not being connected to the rehabilitated sewers, and as long as all replacements or
newly constructed sewers are located in the same proximity (same general horizontal and vertical alignment)
as the existing sewers. If any of the criteria in this Paragraph are not being adhered to, a site specific permit
must be requested by the applicant. Additionally, once the maintenance or rehabilitation activities are
completed, a North Carolina Professional Engineer's certification (form provided by the Division) must be
submitted to the appropriate Regional Supervisor for the completed work.
(b) The Director however may on a case by case basis determine that a facility should not be deemed to be permitted
in accordance with this Rule and be required to obtain individual nondischarge permits. This determinati on will be made
based on existing or projected environmental impacts.
(c) AlI .existing, new or expanding animal waste management systems serving equal to or greater than the number
of animals as listed in Part (a)(I)(A) of this Rule must submit a registration form for the system to DEM. Failure to
register on or before December 31, I993, shall result in an appropriate enforcement action being initiated or the facility
being required to apply for and receive an individual nondischarge permit. Penalties assessed may be based on any one
or a combination of the factors as established in G.S. 143B-282.1(b) and commensurate with actual or potential
environmental damage.
(d) Failure to obtain approval of a managementplan as required by the dates specified in Paragraph (a)(1) ofthis Rule
or failure to follow an approved animal waste management plan shall result in appropriate enforcement actions being
initiated or the facility being required to apply for and receive an individual nondischarge permit. Penalties assessed
may be based on any one or a combination of the factors as established in G.S. 143B-282.1(b) and commensurate with .
actual or potential environmental damage.
(e) The Secretary of Environment, Health, and Natural Resources is delegated the authority to assess fines and
penalties for the willful discharge of animal waste from animal or poultry feeding operations pursuant to N.C. General
Statutes 143-215(e).
(f) Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air
quality standards, and in addition any such violation shall be considered a violation of a condition of a permit. Further,
nothing in this Rule shall be deemed to apply to or permit activities for which a state/NPDES permit is otherwise
required. The term NPDES means National Pollutant Discharge Elimination System.
History Note. Authority G.S. 130A-300, 143-215.1(aj(1}; 143-215.3(a), (d);
E . February 1, 1976;
Amended E,$ February 1, 1993, December 1, 1984.
.0218 LOCAL PROGRAMS FOR SEWER SYSTEMS
(a) Jurisdiction. Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of
municipalities and counties may apply to the Commission for approval of programs for permitting construction,
modification, and operation ofpublic and private sewer systems in their utility service areas. Permits issued by approved
local programs serve in place of permits issued by the Division.
(b) Applications. Applications for approval of local sewer system programs must provide adequate information to
assure compliance with the requirements of G.S. 143-215.1(f) and the ,following requirements:
(I) Applications for local sewer system programs shall be submitted to the Director, Division of Environmental
Management, Department ofEnvironment, Health, and Natural Resources, P. O. Box 29535, Raleigh, North
Carolina, 27626-0535.
(2) The program application shall include copies of permit application forms, permit forms, minimum design
criteria, and other relevant documents to be used in administering the local program.
(3) An attorney representing the local unit of government submitting the application must certify that the local
authorities for processing permit applications, setting permit requirements, enforcement, and penalties are
NORTH CAROLINA ADMINISTRATIVE CODE 02124100 Page 19

03/23/2001 15:54 3367714630
T�uito Y d Uol
EXHIBIT
bir
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IAZ 11c,
'(err for
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DIV OF WATER QU4L7TY
Divers
M.
PAGE d2/02
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CL' e 5
IM ris

Type of Visit OQ Compliance inspection O Operation Review O Lagoon Evaluation
Reason far Visit O Routine O Complaint © Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 86 $ )hate ul' Visit: 3/22J2001 Time: 1330
Not Operational Q Below Threshold
Permitted 0 Certified 13 Conditionally Certified [3 Registered Date Last Operated or Above Threshold: .........................
Farm Name: Radfitt'.d Dairy.Farms..................... ............................................... County: Surrx.................................................. .W.SRO.......
Owner Name: ft.a&cy.Daly....................... RAdf.Qrd .........................................
Mailing Address: 1952-01d.Qxcklst:d, oop......................................
Facility Contact: RQgu..listdfius1..............................................Title:
Onsite Representative:
Certified Operator:
Location of Farm:
Phone No: 540,5.'1_4.,2.f1.94.g.r.S40,ZSL13Z5......
.......... StulrX_.Y..A►................................................................ 24171 ..............
Phone No: 1'a',11ot.3.36.40XA7.3%.._.........
Integrator: ......................................................................
Operator Certification Number: .........................................
Vortheastern Surry County, 1/2 mile off State Road 103 at N.C. State Line +
3rior address was Rt 1 Box 223-A, Claudville, VA 24076 w
❑ Swine ❑ Poultry ® Cattle ❑ horse Latitude 36 • 32I F-5-3-711 Longitude 80 • 2$ 4 15 44
h.,
7G .&
Currents
t 7toNO'
a acit P.o ulation
-{.:9LhdYk'l,gn
Den:urrent s'_ ,' Designs Current
Poultry' Ca acit .„ 1?o ulatiion Cattle Ca acit .oPo ulation
';.
❑ Wean to Feeder
❑ Layer
®Dairy
300 40
❑ Feeder to Finish
❑ Non -Layer
❑Non -Dairy'
.
❑ Farrow to Wean
`cif
❑Other
�Li IiD signCapaclEy: 300
h' `�=Tota15SLhW�k 420,000 w
❑ Farrow to Feeder
El Farrow to Finish
❑ Giltst�F,
❑Boars
Number of Lagoons © ❑ Subsurface Drains Present 110 Lagoon Area ❑ Sprav FWd Area
Holding Ponds / Solid Traps I 1 ❑ No Liquid Waste Management System
DischaMes & Stream Imp acts
I. Is any discharge observed from any part of the operation? ❑ Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ®Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. Vdischarge is observed. did it reach Water of the State'? (If yes. notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gatlmin'?
d. Does discharge bypass it lagoon system'? (If yes, notify DWQ) [3 Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ® Yes ❑ No
01/01/01 Continued

ti
Facility Number: 86-8 40 Date of I11spcoion 3/22/2001
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ® Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: .....VY SfQ.P.Xid..... ............................
Freeboard (inches): .................4.................
...................................................................................................................................................................................
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 a 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 maintenance/improvement? ® 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)
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?
❑ Yes
❑ No
16.
Is there a lack of adequate waste application equipment?
® Yes
❑ No
17.
Are rock outcrops present?
❑ Yes
❑ No
18.
Is there a water supply well within 250 feet of the sprayfieid boundary? ❑ Unknown
❑ Yes
❑ No
❑ On -site ❑ Off -site
Required
Records & Documents
19.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
❑ No
20.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(le/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
21.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
22.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes_
❑ No
23.
Did the facility fail to have a actively certified operator in charge?
® Yes
❑ No
24.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
® Yes
❑ No
25.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
® Yes
❑ No
26.
Does facility require a follow-up visit by same agency?
® Yes
❑ No
27.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
dor Issues
28.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
❑ Yes
® No
liquid level of lagoon or storage pond with no agitation?
29.
Are there any dead animals not disposed of properly within 24 hours?
® Yes
❑ No
01/01/O1
Continued

Facility Number: 86--5 DO Inspection 3/22/200I is Printed ou: 3/26/2001
30. 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)
31. Is the land application spray system intake not located near the liquid surface of the lagoon'? ❑ Yes ® No
32. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
33. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
❑ Field Copy ® Final Notes
is operation has never completed a Waste Utilization Plan (WUP) so many questions pertaining to the CA WMP (Certified Animal
Plan were not answered.
.. There was evidence of a dark brown liquid in the man-made diversion ditch running parallel to Silverleaf Creek. The liquid appeared
o be coming from the land next to the freestall barn and push -off ramp area. The brown liquid had traveled along the diversion ditch,
hrough a hole or submerged drain pipe, under the road/path and into a concrete drain pipe that drains into Silverleaf Creek. A large
)uddle of brown liquid was pooled under the concrete pipe, next to the creek. Waste is not being contained on the concrete lot or being
to the waste storage pond.
A large amount of animal waste was piled onto the end of the push -off ramp. Part of the push -off ramp has started to collapsed into
waste storage pond, along with the waste pile. Lots of waste has washed off the concrete lot into a wet area and into the diversion
,h which leads to the concrete drain pipe.
Much of the pasture area is denuded and some channeling has begun to wash soil and waste to the creek. Need to increase butter area
establish vegetation on the pastures. May need to re -grade some areas that have rutted -out.
Waste pond is 3-4 inches from coming over the spillway. The creek side of the dam contains at least two burrow holes. One is about
[hree feet four the top of the dam and the other is about seven feet down.
5. This facility does not have a CAWMR
7. Waste pond dam need to have vegetation mowed/cut. Burrow holes need to be repaired.
3. Concrete lot needs to have berms repaired/rep]aced to contain the waste to the concrete and the waste storage pond.
). This waste pond has never had a liquid waste marker,
16. The SWCD noted that the tractor did not have a PTO on it with which to agitate and pump waste out for application.
23. This facility has never had a certified operator.
This office has never been contacted by the operator to report high freeboard or emergency conditions.
This inspection was performed as a part of the other 0200 inspections for Surry county. Today's inspection was performed to check
freeboard level due to the past history of non-compliance. We could not locate anyone on site. Found out later that operator had
-n on site and was hiding in the milk barn again (see 2000 DWQ inspection).
This facility should continue to be checked periodically for high freeboard/overflows/dead animals.
The carcass remains of a dead cow were located in several different piles about 35 feet from the rear of the milking parlor, in front c
feed bin. This was noted last year as well. The state vet's office was notified immediately.
Reviewer/Inspector Name IMelissa Rosebrock
Reviewer/Inspector Signature: j Date: p�
01/01/01

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Missing berms at the freestall barn.

Concrete push -off ramp, loaded with waste, has started to fall into the
waste storage pond. Ramp has no soil underneath to support weight.

Silverleaf Creek, Class C Trout waters of the State. Missing berms at the freestall barn. Waste comes off
concrete when scraped and during rain events.

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"3/22/2001 17: 3B
3367714630 DIV OF WATER QUALITY
tl t •,+'
{' y V S 011 A�.SD11 &rYwAtCr C014T1 etiOp^ t: i
•�'�' � 7�, `. �.,+Y p;b{'.���h%'r :.. ,, �.�ar.k.�!i'w.�•.l}�!!Si'!►7�3
,.•.,w�,: •��. .� :,;°;_,: �.�"• ]��(yr�U��tyltgerAgetic,�..-<; f,•T'. _ ... ..,. . .. �
.•r'. ,. �, •7'�.:Slw`�:S.4.ti. r�Fi.l�•if'�!ydRyyj�,.Lro`4 Z r'N•W'ntllti s�N,��.:.n ..',1:,�1 .:;• �
Type of Visit Q Compliance Inspection Cf Operation Review Q Lagoon Evaluation
Fica5an for visit O Routine Q Complaint O Fallow up O Emergency Notification O Other ❑ Dcnied Access
Facility Number$ti $ I)t>te ul'�'it;it 3l31?rzOf10 i'rintall utt: 4/18/2000
_ - Q Not O erationul Below Threshold
13Permitted ©Certified 13Conditionally Certified M Registered Date Last Operated or Above Threshold: ......._._. .
F:trnt Name: ..... . ...... Catuittti : UICC.y.................... W.
Owner Name: e,R.. _._...... ......� —..., ROdWti.......................................... ......... Phone No, '�1?,GQ,�ti7.X� 4..Q� � Q �.1 �� 7..........._ �......
L' acilitw Contact: ...... .............. ... ........ .............................. Phone No: or,3X4Ak..QI27............ _..
MailingAddre►s: 19,5Z.D1.d-QajVhA>rd1Q0R... ._._.................................... _.............. SatWc._YA..... ...... _........... .................... �..,.........
Onbite Rvpresentativo:......... ._.,..... _..., _...._............ _.. .... ..... ...... _....._................---..........................._.-............ ........
Certified Uperaior:......._......,.,.._................................................................ Operator Certiiie:atiun Number: _....................... _............. .
1-ocution of Farm:
lIMP.Lia e............................. -.......... ............. ..... »................. .- ..... ...,............ I A�
race.;its�lxxa..rxRta.�u.i.�.ua. �,art�►.r+tuuYltulR. r.,ei.ur_a.. yr
0 Swine ❑ poultry ® Cattle ❑ Hor.i�atrtudc 36 3Z 53 t,unl;itacic SO 28 y5
Design Current
Design Current
Design. Current
Swine canado population
Poultry
Capacity Population Cattle
Capacity P ulation
Wean to Feeder
JEJ Layer
® Dairy
300 35
❑ Feeder to Finish
❑ Non -Layer
I
1
p Nan -Dairy
0 barrow to Wean
Farrow to Feeder
to Other
Farrow to Finish
Total Design Capacity
❑ Gilts
Total SSLW
420,000 .
❑ Boars
I,ti=niter of Lagoons ]C3 Subsurface Drains Present, [] Lagoon Arco ❑ Spray Field Area
Holdin
g.PondslSofid Traps' ❑ Igo Liquid Waste Management Systerin
I isch.srge3 B S reqm Imn.jyj�
I - Is any discharge observed from any part of the operation? 19 Yes ❑ No
131.90ar`c odginuied al: 0 l..agoon ❑ Spray Ficld ❑ Other
& If disvilarLc is obscr-.ed, wu9 the conveyance mtrn-made? Yes ❑ No
b. If dixhargc is observed, did it reacts Wmer of the State" (lf yes, notify DWQT ❑Yes ®No
c:, If di.wharie is nitscrved. what i� the estimutcd flow in y,tilmin? 0-2 gal. per min.
d. Docsc discharge bypass it la_oon Nystcul'r (1f' yes. nattily DWQI DOYes ONO
2. Is there evidence of past discharge from any part of the operation? Yes D No
3, Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
4. Is stor-age capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ NO
Structure I Sirt.Wlure 2 5tructun: 3 Structure 4 structure S Strut:turc b
Itemlticr, .�lttsteStsxtcLuu.. —.._.---....... ..__.......... _.,.,........ ...... ....................... - .......... ........... ----- - I...... _.�..,....,._.».....
t'rect7t�ttrd ilnch��); 0.0
Continued on back

ry3/22/2001 17:38 335771 30 DIV OF WATER 0 61rinwd
TY
PAGE 10
lradliCy Numbers t3G-S t)utcof>nrpretia�t 350/2000 ern: 41113I2000
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 am not properly addressed and/or managed through a waste management or
Closure plan? Yes ❑ No
(It any of questions 4-6 was answered yes, and Me situation poses an
immediate public health or cnvironmcntal threat, notify DWQ)
7. Do any of the strstcttues need maintenancelimprovement? Yes []No
S. Dots any part of the waste managerntnt system other than waste structures require maintenance/improvement? ® Yes ❑ No
L1. Wo any stuctures lwk adequate, gauged markers with requited maximum and minimum liquid level
elevation markings? ® Yes ❑ No
1V•ts
10. Are there -any buffers that need maintenance/improvernent? ❑ Yea ❑ No
11. is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Yes ❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management plan (CAWMP)? 0 Yes ❑ NO
14. a) Does the facility Iack adequate acreage for land application? ❑ Yes E] 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? ❑ Yes ❑ No
16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No
liggl4red-Recorde,A,
17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ]] No
18, Docs the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ Wti]P, checklists, design, maps, etc.) [ Yes ID No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes El No
20, is facility not in compliance with say applicable setback criteria in effect at the time of design? ❑ Yes ❑ No
21. Did the facility fall to have a actively ccrtiftsd operator in charge? ❑ Yes ❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) U Yes ❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -sits representative? ❑ Yes ® No
24. Does facility require a follow-up visit by same agency? O Yes - O No
25. Were any additional problems rioted which cause noncompliance of the Certified AWMP? ❑ Yes p No
J N'd 00 atititttsbr defidellOes *ere'rioted d4tring this vi9it..'YouAll jreceivc no ftirthet�
corres66n' deiice about this'visit! ............. . ::.: ; :: , .... .
Questions #1-9. Solids and liquids were still coming from the lagoon and off the sides of the bamlots into the pasture beside the creek. A-
A man-made diversion was carrying this waste alongside the creek to another field where it dissipated near the creek.
Questions 010.16. It was obvious that the waste had not been pumped for several months..,. years?
Questions #17.22. Not applicable, facility is under threshold numbers,
f#23. Could not locate anyone onsitc. '
4. This facility needs to•bc followed.
25. Not applicable.
27. Two dead carcasses found along the fence on the west side of the barn. Looked to have been there 1-3 weeks?
Reviewer/Inspector Name H!11M EMbrock
Reviewer/Inspector Signature:`'` if �AA_ Wn 0 lk — Date:

;. '93/22/2001 17:38 33677Aut-Inspetlion
30 DIV OF WATER Q ITV PAGE 11
,-TRY Number, "—a 3/30/2000 � Printed en: 4110(ZQV0
�& r lam
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? 19 Yes ❑ NO
28. is there any evidence of wind drift during land application? (Le. residue on neighboring vegetation, asphalt, ❑ Ycs ❑ 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 tho ventilation fan(s) noted? (i.e. broken fan belts. missing or
or broken fan blade(s), inoperable shutters. etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fall to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanenthemporary cover? ❑ Yes [] No

Division W of afer Quality, E X H 16 ! T
.vision of Soil and Water Conservation e
AtherAgency,
Type of Visit © Compliance Inspection O Operation Review O Lagoon Evaluation
.Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 36 g Date or Visit: 4/3/20f10 Time: E::� Printed on. 3/22/2001
... -- - .. .,. Q Not Operational 40 Below Threshold
0 Permitted © Certified 0 Conditionally Certified ® Registered Date Last Operated or Above Threshold: .........................
Farm Name: Radbrtftaia.Earms.................................. ............. .... County: S.0 rja:.................................................. WSRQ........
Owner Name: kZR&Qr ...................................... lea.dial[cl...................................................... Phone No: S4Q,.69,40,251A3.7.S..........................
Facility Contact: .............................................................................. Title: . Phone No: or.MG,401,0.737
Mailing Address: 1�2.Als�.Arsl#at op ..........
StMi4r.. VA............................................................... 24.1.7.1 ..............
OnsiteRepresentative: ........................................................................................................... integrator:.................................
Certified Operator: ................................................... ............................................................. Operator Certification Number: ............................. I ............
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 F 367 OF 3274 1 53 166 Longitude F 80 • ®` 15
Design ' Current
Design Current
Design Current
Swine Capacity population
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
❑ Layer
IN Dairy
300
1 35
❑ Feeder to Finish
❑ Non -Layer
❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder
❑Other
❑ Farrow to Finish
Total Design Capacity
300
❑ Gilts
Total SSLW
420,000
❑ Boars
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area JEJ Spray Field Area
Holding Ponds / Solid Traps JEI No Liquid Waste Management System
Dise�harg" & Stream Impacts
1. Is any discharge observed from any part of the operation? ® Yes ❑ No
Discharge originated at: ® Lagoon ❑ Spray Field ® Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No
b. If discharge is observed. did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ® No
c. If discharge is observed. what is the estimated flow in gal/ruin? 0-2 gal. per min.
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ® Yes ❑ No
2. Is there evidence of past discharge from any part bf the operation? ® Yes ❑ 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?
Structure I Structure 2 Structure 3
Identifier: ... By.;rWk.padoE... .................................... .............................
Freeboard (inches): 0.0
5ioa
❑ Spillway IN Yes ❑ No
Structure 4 Structure 5 Structure 6
Continued on back

F �[;ty Number. 86-5 Dale of Inspection 45/2000 Printed on: 3/22/2001
Odor Issues . .
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level 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.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
❑ Yes
❑ No
31.
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
+I
5100

NORTH �'_INA DEPARTMENT OF
4 \
L
• �'
S ENVIRONMEN*- NATURAL RESOURCES
�'ry
WINSTON-SALEM REGIONAL OFFICE
NCR,E-­_ R..
May 4. 2000
JAMES B-HVNTJR. .'
��.: i-}/ �,xl ,••, (i f�if t
GovtRNOR -.
CERTIFIED MAIL 7099 3220 0006 8505 7753
'
RETUR_N RECEIPT RE UESTED�`�OO
r
InSLan -Sa!z ni
WAyNr_ MCDEv1TT -
7e._ r sy v_ i y►'l i[.F j t
1�.r. Rog . Radford.�
SECRETARY .;
"
1952 Old Orchard Loop
Stuart, NC 24171
':.
SUBJECT: Notice of Violation
Recommendation for Enforcement
Radford Dair!Farm, #86-8
Surry County
Dear Mr. Radford:
The purpose of this letter is to summarize the findings of compliance inspections
-�`
performed March 30 and April 3, 2000 at your dairy farm in Surry County. Melissa
T
Rosebrock of the Division of Water Quality -Winston-Salem Regional Office performed
the initial inspection as a result of an overflowing «caste storage pond complaint received
by our office. Greg Goings of the Natural Resource Conservation Service and Tony
'.
Davis of the Division of Soil and Water Conservation District also accompanied staff on
the initial visit. The second inspection was a follow-up by Melissa Rosebrock and Jenny
='
Rankin of this office. The investigations revealed the following=
« At approximately 1:30 p.m. on March 30, 2000 the waste holding pond was
overflowin�(7 at a rate up to two gallons per minute. The overflow carried
_
solids for approximately ten feet then became mostly liquid as the solids
settled out. The overflow was 165 feet from Silver Leaf Creel:.
Past overflov., was evident as standing wastewater, was observed around the
max.
toc of the dam. Note that, at its closest point, the dam of the waste storage
5
structur:.' is only 63 feet from the creek.
Waste wa-' stockpiled on the barn lot around thefreestall barn as well as the
lot behind the milking parlor. in both instances, the waste was piled so high
tha, it had spilled over concre€e berms into the beside Silver Leaf
pasture
Or. March 30, two dead calves were also observed on the west side of the
barn. Their carcase,- appeared 5
peared to hay., beer. there approximately one week.
I r; 7 ti
�"'""•'
585 WAUGHTOWN STREET, WIN9TCN-SALE W., NORTH �;ARCLINA 27107
• ' `' -•
PHON-33G-771-4604 FAX [phone]+.
- .. _ ,, x,r•..,n.+w-•�-
AN EQUAL. OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER. - S096 RECYCLED110% POST -CONSUMER PAPER

Radford Dairy Farm
May 4, 2000
Page 2
• At approximately 12:15 p.m. on April 3, 2000 the waste holding pond was observed to be
overflowing again at a rate of up to two gallons per minute. Both solid and liquid waste was
still coming from the waste storage structure and flowing into the pasture beside the creek.
• On April 3, 2000 waste solids were continuing to be stockpiled on the barn lots to a depth
of at least three feet. Waste from the barn lots was observed to be coming down the
embankment into the pasture beside the creek.
• On both March 30 and April 4, a man-made diversion, at least 100 yards in length,
conveyed the liquid waste alongside the creek to another field where it dissipated.
• The two, calf carcasses were observed to still be lying near the fence on the west side of the
barn on April 4, 2000
A review of our written files indicates several years' .worth of non-compliance, non-
cooperation and unpermitted discharges of wastewater from the Radford Dairy into Silverleaf Creek in
Surry County. It is our understanding that more than $2,500.00 is still owed for a Civil Penalty
assessment in July 1997.
Our files document at least four unpermitted discharges to Silverleaf Creek, at least four
additional instances of an overflowing waste storage pond and -numerous complaints received by our
office regarding the reports of waste in the stream originating from the Radford Dairy Farm. This office
has encouraged and given you ample opportunity to maintain adequate freeboard and to seek the
assistance of the Surry County field office in dealing with these matters. A 1996 letter from you to the
Winston-Salem Regional Office states your plans for keeping the waste storage pond pumped down,
removing stockpiled solids, and for using the waste pond for only wash -down and lot run-off waters..
Our files document the waste storage pond overtopping at least seven times since your letter.
The Winston-Salem Regional Office considers this facility to be a continuing, immediate threat
to the environment. As such, the Winston-Salem Regional Office is recommending that the Division
seek enforcement against the Radford Dairy Farm. This request is based on the facility's lack of
compliance and cooperation since 1988 and the most recent site visits conducted on March 30 and
April 3, 2000 when the waste storage pond was observed to be overtopping again.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters, of the State is illegal as per North Carolina General Statute 143-215.1 and could subject
you to civil penalties of up to $25,000 per day per violation. If you have justification that these
violations were caused by circumstances beyond your control, you should include this with your
written response within 14 days of receipt of this Notice. The Winston-Salem Regional Office will
review your response and forward it to the Water Quality Section Chief for her review.

Radford Dairy Farm
May 4, 2000
Page 3
If you have any questions regarding this Notice please contact Melissa Rosebrock or me at
336.771.4600.
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc. DWQ - Non -Discharge Compliance and Enforcement Unit
Surry County Soil and Water Conservation District
Rocky Durham —Mooresville NCDEHNR Regional Engineering Office
Lee Van Hoy -Regional Milk Specialist
Earl Sheppard -NC State Veterinarian -Department of Agriculture
Winston-Salem Regional Office Facility Files
Central Files

Division OW-W. Ater, Quality
IMiyision'of Soil and Water Conservation ^.
thee Agency~:;
(Type of Visit Q Compliance Inspection O Operation Review O Lagoon Evaluation I
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number Sty S f
❑ Permitted ❑ Certified ❑ Conditionally Certified M Registered
)ale ol, \' isil 4/3C'4t10 pi-inictl nn: 4/18i2000
Q Not Operational 10 Below •Threshold
Date Last Operated or Above Threshold: ........................
Form Nanira: dfort�.f?,a>r '. .��................................................................................Count} S.tlrj-.y
..................................................
e)a ner Name: Ra.e.r.................................. Radford .................................. . Phone No: ........................
Farilit% Contact: .......... ...Title: .. ...... Phone Nor: or-11b.49.1,017..................
Mailing Address: 19a'..Q�,d.Qr�h�7�d.t.,olio..................................... . Stluaz:t.YA................................................................ 2gx.7.t..............
Onsil Kcpre.:eot:,tiyt:
Certified Operator:
Location of Farin:
I ...................... Integrator: ......
...„, Operalor Certification Noniher:
tialht ast�rzt.Susr�:.G.aztntt�:,..112.pnid�..offstage..Road..l0.att.,.,.S.ta.te.izte...........................................................................................................
'siar.addtress..r�:�.Rt..I..a«;-A,.I;audvilf�..Y.A.z447,b................................................................................................................................................
❑ Swine ❑ Poultry ® Cattle ❑ Hor Latitude 36 • 32 53 Longitude 8(1 28 lh
Design Current Design . Current Design Current
Swine Capacity Population Poultry Capacity 'Population Cattle Capacity Population
❑ Wean to Feeder ❑ Layer I I Dairy 300 35
❑ Feeder to Finish JE1 Non -Layer I I Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑Other ,
❑ Farrow to Finish Total Design Capacity 300
❑ Gilts
❑ Boars Total SSLW 420,000
Nutaiber of Lagoons . 1 ❑ Suhsurt'ace Drains Present ❑ I-uxoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid N aste Management System
Discharges & Sirean, immicl
1. Is any discharge observed from any part of the operation?
Dischnr ,e orieinated at: ® Lagoon ❑ Spray Field X Other
a. 11 ciisrhar•,c i; ob5erveci. Wa.ti the enrtVe%:rrtce nrnt-made?
h. It'd i-,;charue is observed. did it reach %Vircr of the State? ill' yes. notify D\VQj
C. If dischar 2e is tthscr•yed. What i< the estimated flov� in L'nllmin :'
d. Does dischar e bypass a la tc,n •�arnt:' III �r:,. nttii� 1�11'Clt
2. Is there evidence of past discharge from any part of the operation'?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Wast Collueflon & 'Treatment
W
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
0-2 gal. Aer min.
V, Yes ❑ No
® Yes ❑ No
Yes ® No
4. Is storage capacity (freeboard plus stormstorage) less than adequate'' L) Spillway ® Yes ❑ No
S111 tLin I sull,:1mL 2 S ll.: t Ul•: 3 St rU_turc l-l;: ttl T',: tip; LliitlrC'{,
Identifier: ...B.y.milL.p rWr...............................................................'.:.....,............................
f rcOh and tinrhO; : 0.0
onlinued un back

racttttyINumber: 86-8 Date,11,1wpt-clinn 4/3/2000 Primcd loll• 4/18/2000
5. Are there any immediate threats to the i ty of any of the structures observed? Oe/ tree41.
ere erosion.
. *seeetc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(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?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Write Appliration
10, Are there any buffers that need maintenancelimprovement'
Is there evidence of over application? ❑ Excessive Ponding ❑PAN
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14, a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
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 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? (icl 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. Fail 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 reviewlinspection 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?
C7 No violations or deficiencies were'noted during this visit. 'You will receive no further
correspondence' about this .visit.
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ❑ No
Questions #1-9. Solids and liquids were still coming from the lagoon and off the sides of the barnlots into the pasture beside the creek.
A man-made diversion was carrying this waste alongside the creek to another field where it dissipated near the creek.
#27. Dead carcasses were still laying along fence (see 3/30/00 inspection).
Reviewer/Inspector Name Melissa Rosebrock /—„ Jenny Rankin
Reviewer/Inspector Signature: �x Date:

gty Number: 86-8 Date of Inspection 4/3/2000 Primed cm: 4/18/2000
'_ti. Does the discharge pipe from the conOment building to the storage pond or lagoon 00 discharge at/or below ❑ Yes ❑ No
liquid level 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.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ElYes ElNo
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes [-)No

.; Division of.Water Quality
7.
F90isionof Soil and Water Conservation,
... ther Agency
Type of Visit O Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit O Routine O Complaint Q Follow up O Emergency Notification O Other ❑ Denied Access
86 $ -
D.11e of, Vkil 3/30hI100 Prilllvd +rn: 4/18/2000
Facility Number
Q Not O cratiunal 9 14rlms Threshold
0 Permitted ❑ Certified 1] Conditionally Certified ® Registered pate Last Operated or Above Threshold: .........................
Farm Name: .....................................................
Owner Name: lio�er.................... a.d�nx.d...........................
I=acilit% Contact: ............................Title:
Mailing,, Address: 19.5Z.QI.d..0r.chat:d.L.PQ.P.......................................
Onsitc Representative:,,
.................... .
Phone No:;..�1y4.%.1..4tJC.;311„'�r..2�.7?.........................
.......................................................... I .... I Phone No: Qr..316,4u.07.17.......... ........
.......................... S.tmart..YA........................................... ........... .......... 24.1.7.1 ..............
............................................... Integrator: .......................................................................
Certified Operaior:................................................................................................................ Operator Certiliealion Numher..........................................
Location of Farm:
............................................................................................................. A�
�xinx.addr,ess..n:�s..]Rt..l..aa.z2�-A,.C.laud�:il��. VA.2.4Q7................................................................................................................................................... t
❑ Swine [:]Poultry ®Cattle ❑ Hor.Latitude 36 32 53 1..+mri[utic $I) • 28 13
Design Current
Swine Canaeity PODnlation
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer I IN Dairy 300 1 35
❑ Nan -Layer I 1 1[:] Non -Dairy
❑ Other
Total Design Capacity ' 300
Total SSLW 420,000
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spra} Field Arc.,
r�
Holding Ponds/Solid Traps IE1 No Liquid Waste Management Svstem
Discharges .L Stream Impacts
1. Is any discharge observed from any part of the operation? ® Yes ❑ No
Dischar_e oririnared ,u: ®Lagoon ❑ Spray Field ❑ Other
a. li'disch.rm e is observed. was the con%eyance man-made'? ® Yes ❑ No
h. li'discharge is observed, did it reach Water of the State? (If yes. notify DWQ) ❑Yes ®No
c, If discharge is observed. what is the estimated iltm in uallmin?. 0-2 gal. per min.
d. Does discharge bypass a la Uloon syslem? (li'ves. notify D\VQ) Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑Yes; No
Write Cullectiorr S Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No
Structure I Stricture 2 Structure ; Structure -1 Structure Struriurr fi
identifier Wastr3imcluce.................
..................... ................................... .................................... .................................... ..................... ...............
l=r.ehc•:trd iinchrst: 0.0
Continued on back

rucility Number: $6—$ 1 Dolt. ill' ]nsperlioll 3/3Q/2i1Q0 Vrinit•d iui: 4/18/2000
5. Are there any immediate threats to thogrity of any of the structures observed? (ie/ u0severe erosion, ® Yes ❑ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a 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
h. Does any pan of the waste management system other than waste structures require maintenance/improvement?
® Yes
❑ No
Do any stuctures lack adequate. gauged markers with required maximum and minimum liquid level
elevation markings?
® Yes
❑ No
11';jste Application
Ill. Are there any buffers that need maintenance/improvement?
❑ Yes
❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
❑ Yes
❑ No
12, Crop type
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 receivin; crop need improvement?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
uctinired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
19. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
IN No
24. Does facility require a follow-up visit by same agency?
® Yes
❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
No violations or deficiencies were'noted 'during this A.At.:You will receive ild further
correspondence abouf this visit. . . . ... .. .
Questions ##1-9. Solids and liquids were still coming from the lagoon and off the sides of the barnlots into the pasture beside the creek.
A man-made diversion was carrying this waste alongside the creek to another field where it dissipated near the creek.
Questions #10-16. It was obvious that the waste had not been pumped for several months.... years?
Questions #17-22. Not applicable, facility is under threshold numbers.
#23. Could not locate anyone onsite.
#24, This facility needs to be followed.
ro
25. Not applicable.
27. Two dead carcasses found along the fence on the west side of the bam. Looked to have been there 1-3 weeks?
Reviewer/Inspector Name Meli a Rosebrock
Reviewer/Inspector Signature: ' IY I & h 1/I 4 - IoArnv hr llate: Nbb

;ci.ityNumber: 86-8 Dale (if' 111:pvc1ion 3/3U/2{i(i0 Printral0n: 4/18/2000
Odor Is�r-s 0 0
25. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below [:]Yes ❑ No
liquid level 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.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. 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

i %-.93/22/2001
17:44
3367714 DIV OF WATER
February 20, 1998
CERTIFIED MAIL # P-536 310 612
RETURN RECEIPT REQUESTED
Mr. Roger Radford
Radford Dairy Farms
Rt 1 Box 223-A
Claudvillc, VA 24076
SUBJECT: Notice of Violation
Facility No. 86-8
Surry County
Dear Mr. Radford:
NORTH
1`NVFRONMENT
EXHIBIT
QUTY
e
14
CARowNA DEP
AND NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
DIVISION OF WATER QUALITY
The purpose of this letter is to summarize the follow --up inspection of your
dairy on February 17, 1998, J=y Rankin and Mike Mickey of the Winstort-Salem
Regional Office and you were present for the inspection.
Upon arriving at the facility, they observed that the storage pond did not have
adequate freeboard as required by the Title 15 A, North Carolina Administrative Code
2H .0200 regulations. The appropriate amount of freeboard for a storage pond is about
18 'inches. This means that there should be about 18 inches betwccn the lowest point
of the storage pond and the top of the liquid level in the pit. On the day of'the
inspection there was absolutely. no freeboard and the storage pond was discharging.
The waste was flowing out of the side of the storage pond and down into a mazy -:Wade
diversion ditch. This ditch conveyed the overflowing waste and some runoff from the
barn lot to a field where the water was intended to dissipate over the land. On the day
of the inspection some of the diverted waste and runoff was reaching the stream.
Please be advised that any non -permitted discharge of any type of wastewater
to the waters of the State is illegal as per North Carolina General Statute 143-215.1.
Enforcement actions will be taken if you have an illegal discharge. Also if the
freeboard of the storage pond is not lowered to the adequate level you will receive
future Notices of 'Violation. Please be aware that continued violations could subject
you to enforcement action with the possible assessment of civil penalties of up to
$10,000 per day per violation,
6$5 WAVGHTOWN STREV, WINSTON•SA66M, NDAYH tAROWNA 27107
RwoNt s".771 -4900 FA% 386-771-4C31
An &.9uA1.O'YORTVN Iry /AFF[RMKn V€ AtT18N Em PL01'LR • QC% RECYCLEW10% POST -CONSUMER PAPER

03/22/2001 17:44 336771
Mr. Roger Radford
February 18, 1998
Page ##2
DIV OF WATER aIITY
M
PAGE 05
The man-made diversion ditch should only be a temporary solution to`the overflowing waste
problem. The storage pond needs to be pumped down so that it has adequate freeboard.
Attached is an inspection form for your reference. It lists some other deficiencies that
need to be corrected and possibly addressed in your Certified Animal Waste Management Plan
(CAVW). Please contact the Su rry County Soil and Water Conservation District to help you
prepare your CAWMP and if you have any questions on how to correct the deficiencies noted
in the inspection report.
Please notify the 'Winston Salem Regional Office within 10 days of receipt of this letter
as -to the actions proposed to be taken to resolve the deficiencies noted on the inspections form.
A schedule of when these corrections will be made should also bo included. Please be aware that
nothing in this letter should be taken absolving this facility of the responsibility and liability of
any violations that have resulted or may result from these deficiencies.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please contact Jenny Rankin or Steve Mauney at [phone].
Sincerely,
Larry D. Coble.
Regional Supervisor
cc: Shannon Langley
Sherman Anderson
Tony Davis
Lee Van HQy
Central Files
WSR4

J �-93/22/2001 17:44 3367714 0
DIV OF WATER QLTY EXHIBIT
i
State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salern Regional Office
.lames B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
DNISION OF WATER QUALITY
— Water Quality Section --
July 23,1997
CERT07MD MAIL NUMBER p�536 310 697
RMJRN CEIPT UQUESIED
I& Roger Dale Radford
P.O. Box 98
Claudville,'VA 24076
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site inspection
Radford Dairy Farms
Surry County
Dear Mr. Radford:
The purpose of this letter is to swrrmarize the inspection of your dairy on July 15,1997.
Greg Goings and Tony Davis with the Surry County Soil and Water Conservation District as
well as Mike Mickey and Jenny Rankin with the Winston-Salem Regional Office of the Division
of Water Quality were present for the inspection.
The inspection found that your waste inumgoment system is not well managed. The
lagoon had almost no froeboard and there was no evidence of any attempt to try to pump down
the Iagoon since a thick crust and weeds were growing around the agitator of the pump. The
weather has not been inclement and should not have impeded the progress of lowering the level
in the lagoon. There %ere no signs of discharge from the lagoon on fie day of the inspection, but
there were signs of past discharge.
Your request to be removed from the Registration list because you are under the
threshold number of animals that would require you to obtain a certified Animal Waste
Management flan has been denied. Even though on the day of the inspection there were only
about 50 head of cattle at the facility, the poor history of the farm with regards to water quality
issues will require you to have a certified Animal Waste Management Plan filed with our
W5 Waughtown Street. o� FAX 91a771-4631 .
WIr�StoTl ,Salem, NorM CaroM 27107 2241 An Equal Opportunity/Af irmottve Action Emplayor
Voice 910-77 "600 50% recycled/10% post -consumer paper

'03/22/2961 17:44 3367714 �
Mr. Roger Radford
July 23,1997
Page #2
DIV OF WATER QLTY
PAGE 11
Division by December 31, 1997. If your facility remains under the threshold and becomes
strictly a pasture operation and your lagoon is closed by NRCS standards then you will not be
required to have an Animal Waste Management Plan.
Please notify the Winston-Salem Regional Office by August 8, 1997 as to the actions
taken or proposed to be taken to resolve this deficiency,, Nothing in this letter should be taken
absolving this facility of the responsibility and liability of any violations that have resulted or
may result from these deficiencies. If you should have any questions concerning this matter,
please call Jenny ltanldn or myself at [phone].
Sincerely,
P.�Mmoh� .-
Steve Mauriey
Water Quality Supervisor
oc: Su=y County SWCD
Mr. Sherman Anderson
Central files
WSRO

w
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF
SHERMAN ANDERSON
ROGER DALE RADFORD
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
EXHIBit
NORTH CAROLLNSON
Er1i VIRONMENT'AL MANA
COMMISSION
File No. DD 96-24
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES - .
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston .
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Sherman Anderson owns and Roger Dale Radford operates a dairy animal operation in
S urry County known as Radford Dairy Farm.
B . Radford Dairy Farm was deemed permitted on February I. 1993 as a nondischarge
facility in accordance with 15A NCAC 2H .0217.
C. On June 11, 1996, DWQ staff observed a discharge of wastewater from the Radford
Dairy Farm waste holding pond to Silverleaf Creek, which are Class C Trout waters
of the State within the Roanoke River Basin.
D. Neither Sherman Anderson, Roger Dale Radford or the Radford Dairy Farm had a
valid permit for the above described activity.
E. The costs to the State of the enforcement procedures in this matter totaled $ 743.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Sherman Anderson and Roger Dale Radford area "person" within the meaning of
G.S.143-215.6A pursuant to G.S. 143-212(4). _
13. A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Silverleaf Creek constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Sherman Anderson and Roger Dale Radford may be assessed civil penalties in this
matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than ten thousand dollars ($10,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed, jointly and severally,
against Sherman Anderson and Roger Dale Radford pursuant to G.S. 143-215.3(a)(9)
and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III: DECISION:
Accordingly, Sherman Anderson and Roger Dale Radford are hereby assessed jointly and
severally a civil penalty of:
,s • for discharging wastes to the waters of the State in violation of 15A
NCAC ?H .0217.
TOTAL CNIL PENALTY, which is Z C percent of the
maximum penalty. authorized by G.S. 143-2I5.6A.
S 5743.00 Enforcement costs.
S 'Z7 TOTAL ,A,N[!2 NT_DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(I } The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) Tne amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7)• The prior record of the violator in complying or failing to comply with prozr= over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
7'
(Dam) �`A. Preston Howard, Jr., P.E., Director
Division of Water Quality

State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
.lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
1-eesha Fuller, Regional Manager
December 5, 1995
CERTIFIED MAIL 4P-536 316 621
RETURN RECEIPT REQUESTED
Roger Dale Radford
PO Box 98
Claudeville, Va. 24076
EXHIBIT
A.
•
[DEHNF:Z
DIVISION OF ENVIRONMIENTAL
MANAGEMENT
SUBJECT: Notice of Violation
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Surry County
Dear Mr. Radford:
On November 13, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities; accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste levels and'structural integrity_ of the waste Iagoon a< well as
overall waste handling capabilities.
Observation at the site revealed serious problems with respect to proper disposal of
animal waste_ The waste storage Iagoon was full and the waste was overflowing the dam.
The waste stream was flowing directly to Silverleaf Creek which is located approximately�25
meter away from the lagoon. Waste could be seen entering the creek on a steady basis. The
loafing areas were barren and there were several sources of stream pollution due to lack of
adequate vegetation and easy stream access by the cows. Ideally, a new lagoon should be
desi-ried and constructed if the old lagoon is -inadequate. Also, a large portion of the creek
ma,.,-needto be fenced out and buffer areas re -vegetated around the creel: to help control
sources of runoff pollution.
585 Woughtown Street. Winston-Salem. North Carona 27107-2241 Telephone [phone] FAX [phone]
An Equal OpportunJiy Affirmative Acticn Employer 5C-. recycled/ 10% pas' -consumer pacer

Roger Dale Radford
December 5, 1995
page 2
This office has received complaints in the past about the operation of this dairy.
Personnel from this office visited the dairy on April 7, 1989; May 9, 1991; and July 102 1995
concerning reports of animal waste getting into the creek. Emptying waste from the lagoon
should be incorporated into your farm's management plan so that at least 18 inches of
freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25
year-24 hour storm event which could cause an overflow if adequate lagoon storage is not
available.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1. Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about how to handle these problems, please contact the Surry Soil and
Water Conservation District.
You are requested to respond in writing to our Winston-Salem ResionaI Office on or
before January 22. 1996 advising what corrective actions have been or ,A Il be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by you or a Sum County representative by January +22. 1996. a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns; please do not hesitate to contact Allan Smith or Steve Mauney at (910) .771-
4600.
Sincerely,
Larry D. Coble
Regional Supen-isor
cc: Surry County Health Dept.
Surry County SWCD
Sum' County N-RCS _
Compliance,Tnforcement Group
Central FilesAVSRO

NORTH C tNA DEPARTMENT OF
ENVIRONMENT ANWPNATURAL RESOURCES
.WINSTON-SALEM REGIONAL OFFICE
r
May 4, 2000
CERTIFIED MAIL 7099 3220 0006 8505 71. 3
RETURN RECEIPT REQUESTED
Mr. Roger Radford
1952 Old Orchard Loop
Stuart, NC 24171
SUBJECT: Notice of Violation
Recommendation for Enforcement
Radford Dairy. Farm, #86-8
Surry County
Dear Mr. Radford:
aEC ED
N.C. De t. of E R
r 10 00
insfio �-SalermRegi aQ##i
The purpose of this letter is to summarize the findings of compliance inspections
performed March 30 and April 3, 2000 at your dairy farm in Surry County. Melissa
Rosebrock of the Division of Water Quality -Winston-Salem Regional Office performed
the initial inspection as a result of an overflowing waste storage pond complaint received
by our office. Greg Goings of the Natural Resource Conservation Service and Tony
Davis of the Division of Soil and Water Conservation District also accompanied staff on
the initial visit. The second inspection was a follow-up by Melissa Rosebrock and Jenny
Rankin of this office. The investigations revealed the following'
• At approximately 1:30 p.m. on March 30, 2000 the waste holding pond was
overflowing at a rate up to two gallons per minute. The overflow carried
solids for approximately ten feet then became mostly liquid as the solids
settled out. The overflow was 165 feet from Silver Leaf Creek.
• Past overflow was evident as standing wastewater was observed around the
toe of the dam. Note that, at its closest point, the dam of the waste storage
structure is only 63 feet from the creek. q02y ZS t+vt -A-per j ,
• Waste was stockpiled on the barn lot around the freestall barn as well as the
lot behind the milking parlor. In both instances, the waste was piled so high
that it had spilled over concrete berms into the pasture beside Silver Leaf
Creek.
• On March 30, two dead calves were also observed on the west side of the
barn. Their carcasses appeared to have been there approximately one week.
S65 WAUCHTOWN STREET, WINSTON•SALEM, NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY ! AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Radford Dairy Farm
May 4, 2000
Page 2
• At approximately 12:15 p.m. on April 3, 2000 the waste holding pond was observed to be
overflowing again at a rate of up to two gallons per minute. Both solid and liquid waste was
still coming from the waste storage structure and flowing into the pasture beside the creek.
• On April 3, 2000 waste solids were continuing to be stockpiled on the barn lots to a depth
of at least three feet. Waste from the barn lots was observed to be coming down the
embankment into the pasture beside the creek.
• On both March 30 and April 4, a man-made diversion, at least 100 yards in length,
conveyed the liquid waste alongside the creek to another field where it dissipated.
• The two, calf carcasses were observed to still be lying near the fence on the west side of the
barn on April 4, 2000
A review of our written files indicates several' years' worth of non-compliance, non-
cooperation and unpermitted discharges of wastewater from the Radford Dairy into Silverleaf Creek in
Surry County. It is our understanding that more than $2,500.00 is still owed for a Civil Penalty
assessment in July 1997.
Our files document at least four unpermitted discharges to Silverleaf Creek, at least four
additional instances of an overflowing waste storage pond and numerous complaints received by our
office regarding the reports of waste in the stream originating from the Radford Dairy Farm. This office
has encouraged and given you ample opportunity to maintain adequate freeboard and to seek the
assistance of the Surry County field office in dealing with these matters. A 1996 letter from you to the
Winston-Salem Regional Office states your plans for keeping the waste storage pond pumped down,
removing stockpiled solids, and for using the waste pond for only wash -down and lot run-off waters.
Our files document the waste storage pond overtopping at least seven times since your letter.
The Winston-Salem Regional Office considers this facility to be a continuing, immediate threat
to the environment. As such, the Winston-Salem Regional Office is recommending that the Division
seek enforcement against the Radford Dairy Farm. This request is based on the facility's lack of
compliance and cooperation since 1988 and the most recent site visits conducted on March 30 and
April 3, 2000 when the waste storage pond was observed to be overtopping again.
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1 and could subject
you to civil penalties of up to $25,000 per day per violation. If you have justification that these
violations were caused by circumstances beyond your control, you should include this with your
written response within 14 days of receipt of this Notice. The Winston-Salem Regional Office will
review your response and forward it to the Water Quality Section Chief for her review.

4
Radford Dairy Farm
May 4, 2000
Page 3
If you have any questions regarding this Notice please contact Melissa Rosebrock or me at
336.771.4600.
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ - Non -Discharge Compliance and Enforcement Unit
Surry County Soil and Water Conservation District
Rocky Durham —Mooresville NCDEHNR Regional Engineering Office
Lee Van Hoy -Regional Milk Specialist
Earl Sheppard -NC State Veterinarian -Department of Agriculture
Winston-Salem Regional Office Facility Files
Central Files

1''-lisiOQ O[. %titer Quality ? l�f 1h + ; .
s- w _i y ian [ A and Water Conservation
rs�i�k'��'S�!�'tal
F e'7' x_ ,sa s
N4. '��•�Y1�, s�w'F�FttrS ���;�,.'(E;i~s�A+Fyr. �t,�, '� k -:n„,.r...�.�:..7��.��w.'�.'i�i•'.::
Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint ® Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 86 8
Date ol, V isit 4/3/2000 1'1.intccl un: 4/18/2000
BNot Operational BelowThreshold
M Permitted © Certified [a Conditionally Certified ® Registered Date Last Operated or Above Threshold: .........................
Farm Name: .................
.......... Count.: S.urry.................................................. WSRQ........
Owner Name: Rogtr...................................... Ra.d0jr.d ...................................................... Phone No: 54��?„f19.4,.7.�.14..tlx..��Q,2S.1��t�.7.�.........................
Facility Cotttact..................................................................... ......Title:............ ......... .... Phone No: ar..33,6ti40197.37 .....
Mailing Address: 1Q�2.ALd.S)xchald.i.Qtau.................................................................. Stluajt..VA,........................................................... .... 240.1..............
OnsileRepresentative: .......................... ....................................................................... Integrator:............. ......... ......... ...................... ..............................
Certified Operator ..................... ......
Location of Farm:
............ Operator Certification Number: ............ . ............................
!Ia>t>khcaslttt �n.i��ttc�ry...s! uAttJ �..! lZ.�i�t:. atf ,Stat�..tiaa d..1 A.a:t.N..C,.�tut�e. l�i�nse...........................................................................................................
'�r1t7�.adtdtr�ess..w.i;t..1.1ia.22-A,.ia�udvill��.Y.A .24U7..................................................................................................................................................
❑ Swine El Poultry ®Cattle ❑ HOr.I'atitude 36 • 32 53 Longitude 80 • 28 IS
Design . Current
Swine, Cnns city Pnnnlatinn
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current
Design Current
Poultry ':. °
Ca acit" ' Po ulation Cattle
Capacity' Population
„❑ Layer
® Dairy
300
35
❑Non -Layer
ILI Non -Dairy
r.M5
-
❑1Other
,l..fz.�te^i=,tdi:t,r�i;..`,
�..
.+ +,./r_ '*�:. '•y �.._.I, .- •r �
-Total +Design Car;it,;t
300
Total SSLW
420,000
�j; t Number of ]Lagoons-'nw t 1 �° ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spr IiField Area
�s + g rap . ❑ No Liquid Waste Management System
Holden Ponds / Solid Ttra s °�,
w
Discharaes & Stream Impacts
I. is any discharge observed from any part of the operation? ® Yes ❑ No
Discharge originated at: ®Lagoon ❑ Spray Field ®Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ® No
c. It'discharce is observed, what is the estimated flew in gal/min:' 0-2 gal. per min.
d. Does discharge bypass a lagoon .system? flf yes. notify DWQ) ® Yes [I No
2. Is there evidence of hst discharge from any part of the operation? ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
WasteCollection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No
Structure I Structure 2 Su•uoure 3 Structure 4 Structure 5 Structure 0
Identifier: ...Ry.milk..paxlal......................................................................................................................................................................................
leeeboard (inches): 0.0
Continued on back

Facility Number: 86-8 Date of Inspcctinn 4/3/2000 'rinsed on: 4/18/2000
5. Are there any immediate threats to the inte*of any of the structures observed? (ie/trees, s erosion, 0 Yes No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a 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 maintenance/improvement? ® 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 ❑ Yes ❑ No
12. Crop type
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 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? (ie/ 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. Fail 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?
0. N6-violations;oc deficiencies were:noted:during this AAL'You:Will receive no-fttrth'ee.'
correspondence abouf this :visit.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ❑ No
testions #i1-9. Solids and liquids were still coming from the lagoon and off the sides of the barnlots into the pasture beside the creek.
man-made diversion was carrying this waste alongside the creek to another field where it dissipated near the creek.
7. Dead carcasses were still laying along fence (see 3/30/00 inspection).
.i
Reviewer/Inspector Name Melissa Rosebrock Jenny Rankin
Reviewer/Inspector Signature: Date: Qd

�;ey,.Number: Date of Inspeclinn 4/3/Z000 Printed on: 4/18/2000
Od ff [5� s4
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below [:]Yes ❑ No
liquid level 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.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. 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

n•y-...�-.r .,�'-RF.�•-=.f�_.•�.ry:f IOnO�'w�Mg gm
r;G++iiffa�lty4.4=jJlrb���i r 4. +.-._ _-�.•..�.�.,,.....~fr..'... l � j tr ^ -9 e�w�w};a,hl .. f -.
yyr �Y ion of Soii and Water Conservation
W �}% aF L 14�i i f i .sb iS3 Li'Lr� J$�� •.'._ i?!i`1 : .; i:t;Y .
II.Jr'S yrbY--r1T';i�s�ar,,'iN`�Ofpther gencyiitr"dpi,'�iti+r'+w�.`'ti e rC•t s4afy h'Sfr.'s. a'".?'5=�� �s3 •.r; 1 �.
�,�..:..>3ia__r rt�k:4��.,b��#]sFw47aFL7s1 h,+ :Fr✓ft. .h;S"3�. k., f,4 ,;,:
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
f Facility Number 86 $
0 Permitted 0 Certified 0 Conditionally Certified ® Registered
Farm Name: RadfQt;f>l.I?ai,{•.i:.fArmS....
OwnerName: Rmgvx...................................... Radffmd.........................................
Facility Contact: ............................"Title:.............
A[ailing Address: 19.52.014.0JCdwj:d.L.QnF......................................................
OnsileRepresentative:...............................................................................................
Certified Operator:
.............. .............................................................................
Location of Farm:
Date Ill Nlisil 3I3012110Q pr-inted on: 4/18/2000
0 Not Operational 0 Below Threshold
Date Last Operated or Above Threshold: .........................
County: Surx_v.................................................. WSRA........
Phone No:QRG94�.7.1]4..ox..A�2S.X,17.5.........................
................................... Phone No: Qr_326.4Z..................
..... Rmaxt.Y.A................................................................ 24171 ..............
......., Integrator; ................
......................................................................
Operator Certilication Number: ......................... ................
!la�rihcasf4cx�n. tt�xr. a>ant K,..112.ani�s<.a�i,State..ltaad.lQ . t.N. .. tat�e. iu�..........................................................................................................
zaQx.addz�ess.wat.i3t..1..a.�2-A�.ClandYi>a�..Y,A.2407.b..................................................................................................................................................
[:]Swine ❑ Poultry ®Cattle ❑ Hor,l_atatudc 36 • 32 53 Lonf itudc $t) 28 15
Design Current Design Current Design Current
• . . Swine . - Capacity Population Poultry Capacity -Population Cattle Capacitv Population
❑ Wean to Feeder ❑Layer ® Dairy 300 35
❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other
'" ❑ Farrow to Finish 'Total Design Capacity'" 300
❑ Gilts
❑ Boars Total SSLW 420,004
Number of Lagoons❑Subsurface Drains Present ❑ Lagoon Area LEI Spray Field Area
� r3L .t•. �--,l.I, -aF. � „f{ .r,55:"y 4 •' t:yi•.•KS ��- -. _.__.__ ..-.- _-.._ ..W_. _. .. _...-.._ __ _. _ - .. -- - -- - -- -- ---y�..r.{Cf1.Try J r:.; 4.�• ,T: r,
y EHoldtng Ponds / Solid Traps E 4 ❑ No Lic uid Waste Mana ement S 'stem
g ?
Discharges A Stream Impacts
1. Is any discharge observed from any part of the operation? M Yes ❑ No
Discharge originated at: ® Lagoon ❑ Spray Field (:]Other
a. ]f discharge is observed, was the conveyance man-made? 0 Yes ❑ No
b. if discharge is observed, did it reach Water of the State? (If yes, muify DWQ) ❑ Yes 0 No
c. lhdischar,ye is observed, what is the estimated flow in gal/rein? _0-2 gal. per min.
d. Does discharge bypass a lagoon system? (Ifyes• notify DWQ) N Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? 0 Yes ❑ 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 R 'Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway N Yes ❑ No
Strucwre I Structure 2 Structure 3 Structure 4 Structure 5 Sn•uctttre h
Iden t i ke r: ...WAstr—Structure.....................................................................................................................................................................................
Freeboard (inches): 0.0
Continued on back

. f acility-Number: 86-8 Date of Inspection 3/30/2000 I'rintcd on: 4/18/2000
5. Are there any immediate threats to the int9ty of any of the structures observed? (ie/ trees, re erosion, ® Yes ❑ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a 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?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10, Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14, a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination'?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
lteutdred Records & Documents
17. Fail to have Certificate of Coverage & General 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? (ie/ 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. Fail to notify regional DWQ of emergency situations as required by General Permit?
(iel 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?
7' No violations;oir defciencie5 wetre:nbted Outing this; visit.- :Yowwill i'00ive no further
correspondence about this. .visit - : - : - : :..:
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ❑ No
Questions #1-9. Solids and liquids were still coming from the lagoon and off the sides of the barnlots into the pasture beside the creek.
A man-made diversion was carrying this waste alongside the creek to another field where it dissipated near the creek.
Questions #10-16. It was obvious that the waste had not been pumped for several months....years?
Questions #17-22. Not applicable, facility is under threshold numbers.
#23. Could not locate anyone onsite.
#24. This facility needs to be followed.
25. Not applicable.
#27, Two dead carcasses found along the fence on the west side of the barn. Looked to have been there 1-3 weeks? 1W
Reviewer/Inspector Name Meli a Ros Brock
Reviewer/Inspector Signature`` 1 �fj}/I_� p j, Date: /�_

ility-Nuutber: 86-8 me, Inspection 3/30/2000 � Printed on: 4/18/2000
odu las�=
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level 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.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. 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