860011_CORRESPONDENCE_20171231

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Eft.-''C
July 30, 2007
Monroe and Walter Johnson
204 Breezy Ridge Way
Mount Airy, NC 27030
Subject: Rescission of Animal Waste Permit
Certificate of Coverage No. AWC860011
Monroe Johnson and Sons Farm
Surry County
Dear Mr. Johnson:
Michael F. Easley, Governor
• William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
RECEIVED
N.G. Deaf
JUL 3 0 2007
Aim
Req;c!
Reference is made to your request for rescission of the subject animal waste permit Certificate of
Coverage. Staff from the Winston Salem Regional Office have confirmed that this Coverage is
no longer required. Therefore, in accordance with your request, Certificate of Coverage No.
AWC860011 is rescinded, effective immediately.
If, in the future, you wish again to operate an animal waste management system you must first
apply for and receive a new animal waste permit Certificate of Coverage. Operating an animal
waste management system without a valid animal waste permit Certificate of Coverage will
subject the responsible party to a civil penalty of up to. $25,000 per day.
Please contact the Winston-Salem Regional Office at 336-771-5000 if it would be helpful to
discuss this matter further.
CHS:tlbltjs
cc: Sherri Knight, Winston-Salem Regional Office
Technical Assistance and Certification Unit
APS Central Files
Fran McPherson, DWQ Budget Office
Sincerely,
oleen H. Sullins
Carolina
Naiuralllb
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newaterquality.org 512 N. Salisbury St. Raleigh, NC 27604 FAX' [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

r,
Animal WasteAkorage Pond and Lagoon Closu%eport Form
(Please t or print all information that does not require a ature)
formation:
Name of Farm:
Facility No:� 47 -�`
Owner(s) Name: �O,vQOr t w,4 i7T2 JoplwSo�✓ _ - -- - - -- — -
Mailing Address:__ ao `( eer- Zti �1 i if e w4 �_ Phone No:
MIS AS AIV 21(23 D-- - County: r
eration Descri tion (remainine animals only):
Please check this box if there will be no animals on this farm after lagoon closure. If there will still be animals on the site
after lagoon closure, please provide the following information on the animals that will remain.
Operation Description:
Type of Swine No. ofAnimals
o Wean to Feeder
o Feeder to Finish
o Farrow to Wean
o Farrow to Feeder
o Farrow to Finish
o Gilts
o Boars
r
t
Type of Poultry No. of Animals
o Layer
o Non -Layer
Type of Beef No. of Animals
o Brood
o Feeders
o Stockers
Other Type of Livestock:
Typeofpairy No. of.Qnimals.
o Milking
oDry
o Heifers
o Calves
Number of Animals:
Will the farm maintain a number of animals greater than the G.S. § 143-215.1 OB threshold? Yes o NoX
Will other lagoons be in operation at this farm after this one closes? Yes o Nox
How many lagoons are left in use on this farm?:
(Name) _AC_115SA K&5P heQ6of the Water Quality Section's staff in the Division of
Water Quality's WA6Lv Regional Office (see map on back) was contacted on -1 `I - D (date)
for notification of the pending closure of this and or lagoon. This notification was at least 24 hours prior to the
start of closure, which began on -l6.O (dale).
I verify that the above information is correct and complete. I have followed a closure plan, which meets all NRCS
specifications and criteria. I realize that I will be subject to enforcement action per Article 21 of the North
Carolina General Statutes if I fail to properly close out the lagoon.
r / � I
Name of Land Owner (P—
(Please Print): (N a�r
Signature: i✓v Date: �'- fl r D
The facility has followed a closure plan which meets all requirements set forth in the NRCS Technical Guide
Standard 360. The following items were completed by the owner and verified by me: all waste liquids and
sludges have been removed and land applied at agronomic rate, all input pipes have been removed, all slopes have
been stabilized as necessary, and vegetation established on all disturbed areas.
Name of Technical Specialist (Please Print)- C
I
Affiliation:_ GS �) ; 54e Ct CoySPev�W,'a &".5
Address (Agency): P 1 w NG 70 Phone No.: 336 326 -�%S 1
Signature: Date: 6 y'
Return within 15 days following completion of animal water storage pond or lagoon closure to:
N. C. Division Of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
13
PLC-1 May 4, 2007

F `
Surg Soil & Water Conservation District
Ted Hai}field — Chairman
220 Cooper Street - PO Box 218 Dr. Earl Sheppard -- Vice- Chairman
Dobson PVC 27017 Eddie Harris — Treasurer
Phone [phone] ext 3 Fax [phone] Tom Brown
Chad Chilton
This letter is being written on behalf of Walter Johnson, the Surry SWCD has helped him complete
a closure of his waste storage pond. By signing below he is requesting that you rescind the permit
that had been granted to farm # 86-11.
Walter Johnson

Walter Johnson Farm #86-11
Subject: Walter Johnson Farm #86-11
From: Melissa Rosebrock <[e-mail]>
Date: Thu, 26 Apr 2007 12:24:43 -0400
To: Tony Davis <tony,[e-mail]>
Tony,
I wanted to follow-up on our recent discussions regarding closure of the waste pond
at Mr. Johnson's. While the embankment was acceptable when I last performed his
compliance inspection, conditions have stated to deteriorate. Broadleaf weeds and
briars are quickly replacing the grass vegetation on the embankment. As you know,
this type of habitat is very welcoming to burrowing type animals. Since the
embankment is approx. 17 feet tall, it has not been easy for Mr. Johnson to
maintain it when he /was/ making money on beef cattle. Now that he no longer needs
the waste pond there is even less incentive for him to maintain the embankment.
Based on the facility's history of deficiencies and non-compliance regarding their
animal waste records I am concerned about problems regarding the upkeep of their
facilities (i.e. WSP) as well.
One item I wanted to make you especially aware: an unnamed tributary to Moores
Fork Creek is located only 360 feet (approx.) /downhill/ from the waste pond in
question. According to DWQ data, Moores Fork Creek is classified as WS-IV waters of
the State in the Yadkin River Basin. /The WS classification means that this
stretch of stream is a water supply. /Closure of this structure is, therefore,
particularly important to DWQ.
Let me know if you or Mr. Johnson need further information or have additional
questions. As always, thanks for your assistance.
Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Aquifer Protection Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
Melissa Rosebrock <Melissa Rosebrock NCmail net>
WSRO
NC DENR
l of 1 4/26/2007 12:25 PM

waiter johnson
Subject: waiter johnson
Date: Tue, 12 Jun 2001 10:29:45 -0400
From: Melissa Rosebrock <[e-mail]>
Organization: NC DENR Winston Salem Regional Office
To: Tony <[e-mail]>
hey tony,
just wanted to let you know that tyson food's rendering plant in harmony, nc (iredell co.)' has signed on
waiter as a recipient of their waste. abner brady from our office told me this morning that he had gone out
to look at several fields. the fields look ok but will have a seasonal application stipulation due to the high
water table in winter. this means that tyson can only apply waste to his fields in the summer. EMA
resources out of mocksville will do the actual applications if the permit is approved (6 mo. from now).
EMA rode around with ab and told him that waiter had told them that they couldn't apply waste in the
fields he had set aside for animal waste already (good for him, huh? .... at least he knew to tell them that). if
you happen to talk to him; you might want to mention that all fields receiving animal waste are exempt
from applications of the rendering waste. tyson may never need his fields but thought I'd just let you
know. if/when they start applying...... we'll both get some calls I'm sure. that stuff will be nasty!
take care. melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
of 1 6/12/2001 10:29 AM

Walter Johnson & Sons Dairy
Subject: Walter Joh-nson & Sons Dairy
Date: Thu, 17 Feb 2000 15:21:05 -0500
From: Dianne Thomas <[e-mail]>
Organization: Nondischarge Permitting Unit
To: Melissa Rosebrock <Melissa.Rosebrock@ncmail. net>
Hi Melissa -
My name is Dianne and I work in the central office on animal permits. I
just wanted to let you know that the Walter Johnson & Sons Dairy (86-11)
has been permitted. The COC is dated january 5, 2000. I haven't sent
along that regional office copy yet because I accidentally stapled it to
a swine COC and it went to the WiRO! As soon as I get it back I will
send it along. If you have any questions about it before then, just
give me a call..
dianne
******************
Dianne Thomas
Non -Discharge Permitting Unit
Water Quality Section
919-733-5083 x364
7�b
quJ0
I of 1 2/17/2000 3:24 PM I

State of North Carolio
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Sr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Monroe & Walter Johnson
Monroe Johnson & Sons
3357 West Pine Street
Mt. Airy NC 27030
Dear Monroe & Walter Johnson:
I LV!WA
141
NCDENR
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RE50URCES
RttEI Y D
December 30, 1999 N.C. Dept. of EHNR
1A N 1 1 2000
S qIm
Re,4jonai 04FhCe
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 86-11
Surry County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any quesgons regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerel ,
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Suny County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

State of North Carolina
Department of Environm nt
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Monroe Johnson & Sons
3357 West Pine Street
Mt. Airy NC 27030
Attn: Walter Johnston
Dear Walter Johnston:
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 27, 1999 RECEIVED
N.C.Dep-F.ofEHNR
JUN-31999
Winstc ,- .+,l,Ie- m
Subject: Application No. AWC860e011p@��Oi1��}fflC@
Additional information Rgu s
Monroe Johnson & Sons
Animal Waste Operation
Surry County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional
information is required before we can continue our review. Please address the following by June 26, 1999:
1. Your Waste Management Plan (WUP) did not include the required NRCS Standard Specifications. Please
contact your technical specialist and have these added to your WUP and send copies in.
2. Please provide copies of the Operation and Maintenance Plan for your facility.
3. Your WUP indicates that T5050, fields 1 and 2 is leased land. Please provide a lease agreement or land use
agreement for this land.
4. The WUP must be signed and dated by the technical specialist, the farm owner and the farm manager.
Please provide a signed copy of the WUP.
S. Enclosed, please find the last page of the general permit application form. Please have the farm owner
(Monroe Johnson) sign and date this and return it.
6. Your WUP lists higher yields for fescue (this is assuming that the "grass" listed in the WUP is fescue) than
are currently recommended. Please contact your technical specialist to revise the Waste Utilization Plan or
provide justification that supports the increased yield as shown in the current WUP. Also, please indicate
which fields will be grazed (if any) and which (if any) will be cut for hay. Please note that all WUP
revisions must be signed and dated by both the owner and the technical specialist.
7. Please find the enclosed Mortality Management Methods Checklist. Indicate which method is utilized at
your farm and return the sheet.
S. I was unable to locate T5017, field 1 on the maps provided. Please provide a map with this field clearly
identified with the acreage amount.
Please contact your technical specialist and have him provide an explanation of how the gallons of waste
per year and the amount of PAN produced per year were calculated for your facility. Also, there is a note
in the WUP about 350,000 gallons of brewers liquid. Please explain what this is.
10. A recent inspection lists small grain as one of the crops being grown at your facility. All crops that are
applied to must be in the WUP. Please indicate that you are not applying to anything other than corn and
fescue or have the WUP revised accordingly.
11, Please provide a simple sketched map showing the location of the waste storage pond in relation to any
structures and lounging areas and a road.
Please note that ail WUP revisions must be signed and dated by both the owner and the technical
specialist. Please reference the subject permit application number when providing the requested information. All
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

Application No. 86-0011
Walter Johnston
Page 2
information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information
requested by this letter must be submitted on or before June 26, 1999 or the Division will return your application as
incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation of
North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental
Management Commission.
If you have any questions regarding this request, please call me at [phone], extension 364.
Sincerely,
' Dianne Thomas
Soil Scientist
Non -Discharge Permitting Unit
cc: ['Winston --Salem Regional -Office; Water,QualitS�
Perm it File �J ovt�GyreS

State of North Carolina
Department of Environat
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECTIT?T REQUESTED
Monroe Johnson
Monroe Johnson & Sons
3357 West Pine Street
Mt. Airy NC 27030
Farm Number: 86 -11
Dear Monroe Johnson:
1 • •
NCDENR
ENVIRONMENT ANC) NATURAL RESOURCES
April 6, 1999
REG ,r - 1VEO
Du;.:: EHNR
APR 12 1999
Winston-Salem
Regional OffICS
You are hereby notified that Monroe Johnson & Sons, in accordance with G.S. 143-215.10C,
must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter,
your farm has six 60 days to submit the attached application and all supporting documentation. In
accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any
owner or operator who fails to submit an application by the date specified by the Department
SHALL NOT OPERATE the animal waste system after the specified date. Your application must
be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required
may also subject your facility to a civil penalty and other enforcement actions for each day the facility is
operated following the due date of the application.
The attached application has been partially completed using information listed in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package.
The signed original application, one copy of the signed application, two copies of a general location
map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the
application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this letter, please call Dianne Thomas at [phone]
extension 364 or Ron Linville with the Winston-Salem Regional Office at [phone].
for
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
Sincerely,
Kerr T. Stevens
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Monroe Johnson
3357 W. Pine Street
Mt. Airy NC 27030
Dear Monroe Johnson:
1 lkf"�
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
N.C. De -,Pt cf DdN
S E P 1 8 1998
Winslcn_0 !'ItlY1
Regional
Subject: Special Agreement
Certified Animal Waste Management Plan
Monroe & Walter John
Facility Number: 86-11
Surry County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on February 23, 1998, the Environmental Management
Commission (EMC) proposed to enter into a special agreement with Monroe Johnson in order to
allow additional time for Monroe Johnson to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility. That proposed agreement was received by
you on July 20, 1998 with a response to the Division of Water Quality being due by August 3,
1998. To date, no signed agreement or response to the proposed agreement has been received.
Therefore, the subject facility is being operated without a valid permit and is subject to civil
assessments of up to $10,000.00 per day. If no response is received from you within 14 days of
your receipt of this letter, staff from the Division of Water Quality's regional office will be asked
to perform an inspection of your farm. If you are found to be in operation above the threshold
established by 15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated.
Please find'enclosed another copy of the proposed Special Agreement. If you agree to abide
by the dates and terms of the attached schedule, you must sign, date and return the enclosed
documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14)
calendar days of your receipt of this letter. If you have already implemented your CAWMP,
please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of
your receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

Please be advised that noting in this letter should be taken as remeg from you the
responsibility or liability for failure to comply with all terms and conditions of the North
Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates
and conditions of this agreement that are not met shall be subject to civil penalties, criminal
penalties, injunctions and all other enforcement tools available to the Division of Water Quality.
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 581 or Mr. Steve Lewis at [phone] ext. 539.
Sincerely,
7
)n Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
WSRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

0 NORTH CAROLINA 0
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SURRY
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 86-11
MONROE JOHNSON
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Monroe Johnson, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph I (a) above,.
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 86-11
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 86-11
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Monroe & Walter John
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

State of North Carolie
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Monroe Johnson
3357 W. Pine Street
Mt. Airy NC 27030
Dear Monroe Johnson:
r
1�NCDENR
NORTH C46ROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 17, 1998
RECEIVED
I.C. Dept. of EHNR
Win Inn- gIemf
Fin:'gional tt.lfff48
Subject: Special Agreement
Certified Animal Waste Management Plan
Monroe & Walter John
Facility Number: 86-11
Surry County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on February 23, 1998, the Environmental Management
Commission (EMC) hereby proposes to enter into a special agreement with Monroe Johnson in
order to allow additional time for Monroe Johnson to obtain and implement a certified animal
waste management plan (CAWMP) for the subject facility.
Please fund enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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

NORTH CAROLINA 0
ENVIROMENTAL MANAGEMENT COMMISSION
COUNTY OF SURRY
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 86-11
MONROE JOHNSON
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Monroe Johnson, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as
the Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical to develop animal
waste management system which, once certified, will meet or exceed all
applicable guidelines and standards and will be able to comply with all aspects of
the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 86-11
Special Agreement
Page 2
•
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER'
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

Farm Number: 86-11
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
S. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Monroe & Walter John
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

State of North Carol*
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
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
SUBJECT: Application for special agreement
1 � •
NCDENR-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
N.C. Dept. of EHNR
MAR 0 5 1998
Winston-Salem
Regional Office
Please find attached a copy of application for special agreement for facility number 6- // .
Any comments that the regional office can provide on the issuance of a special agreement to this
facility by the EMC would be greatly appreciated. Please provide any comments in writing (e-
mail messages are acceptable) to me as soon as possible.
Thank you for your timely assistance in this matter. If you have any questions, please call me at
733-5083, ext. 581.
ATTACHMENT
ASSIGNED 74
DUE DATE
y
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycied110%o post -consumer paper

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION ER OUIRE0 FOR ANWAL OPERATIONS REQUESTING A SPECIAL AGREEMENT)
I. GENERAL INFORMATION:
1, Applicant (Owner of the Facility): D n ro e- To n.
2. Facility No.:sq� -.0
3. Facility Name: I%� r p ¢ !✓��1�er cro%r h jo„ ,��� rs� 1-��,� __ __
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
legally responsible for the facility and its compliance):
5. Mailing Address:
City: State: , Cy Zip:
Telephone No.:
33�
6. County where facility is located: 54 rr
7. Operation Type (Swine, Poultry, Catt
8. Application Date: -I - l �1—
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
September 1, 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office or who can not
document that they made a good.faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
FORM SPAG V98 Page 1 of 4

2. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts signed
D. Fundsexpended
E. Improvements made to the system
F. Animals removed and not retoacked at the facility
G. Other actions taker:.
FORM SPAG 1/98 Page 2 of 4

.*
II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity,
completed. This must include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
e
Applicant's Certification:
1, , attest this application for a Special Agreement
with the EMC Ween reviewed by me and is accurate and complete to the best of my
knowledge. I derstand if all required parts of -this application are not completed and if all
this document removes my responsibility and liability for complying with allNorthCarolina
General Statutes and Regulations. I understand_ that the failure to meet any dates that are agreed
upon b r myself and the EMC will result in appropriate enforcement actions being taken by the
EEC-
/4/" r o e— ,�'a h-
Print Name of Owner
Date -)- `' % �
Sig ature of RyWher
FORM SPAG 1/98
Page 3 of 4

Required Items:
One (1) original and two (2) copies of the colleted and appropriately executed
application form, along with any attachments.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE COMPLIANCE/ENFORCEMENT UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
FORM SPAG 1198 Page 4 of 4

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
Monroe Johnson
Monroe & Walter John
3357 W. Pine Street
Mt. Airy NC 27030
Dear Monroe Johnson:
4 13
4&44 ;1
A; lam
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND N icrURAL RESOURCES
- C
February 11, 1998 N. ( ; �y;€-L. of ME1,1N
FEB 2 5 1998
Winston-Salem
Regional Offi a
Subject: Request for Status Update
Certified Animal' Waste Management Plan
Monroe & Walter John
Facility Number: 86-11
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

i
Also attached is a form (Form92198) that must be filled out if the facility is *nger in operation or is
below the threshold established in15A 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 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 submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reNgewed on a case by case basis and
appropriate actions will be taken to brine 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
DWQ 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 $017c recycledl10% post -consumer paper

State of'North Carolino
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
Monroe Johnson
Monroe & Walter John
3357 W, Pine Street
Mt. Airy NC 27030
Dear Mr. Johnson:
`ram
IDP.HNF;Z
Subject: Operator In Charge Designation
Facility: Monroe &. Walter John
Facility ID #: 86-11
Surry County
of EHMM
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. ' If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996,
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 919/733-0026.
Sincerely,
FOR Steve W. Tedder
Enclosures
cc: Winston Salem Regional Office
Water Quality Files
Water Pollution Control System�Voice 919-733-0026 FAX [phone]
Operators Certification CommissionNV;cAn Equal Opportunity/Affirmative Action Employer
P.O, Box 29535 Raleigh, NC 27626-0535 _ 50% recycled/ 10% post -consumer paper