970002_ENFORCEMENT_20171231

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M A Mr. Steve Mathis �_+S
:zf& 615 Mathis Farm Road
Roaring River, NC 28669
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�--IVCDE�V:Z ��7����ic�t� afi`IJ�ia��:r Resources �
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I Winston-Salem, NC 27105
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1. Article Addressed to:
r--- -
Mr. Steve Mathis
615 Mathis Farm Road
Roaring River, NC 28669
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CCDEE AR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 6, 2015
N.RECEIVED tC
Steve Mathis
ASJ Mathis Farms, LLC JUL 9 205
615 Mathis Farm Road ��� ONA�
Roaring River, North Carolina 28669 OFFICE
RE: Acknowledgment of Receipt of Payment
Case No.: PC-2015-0011
Farm No.: 97-0002
Wilkes County
Dear Steve Mathis:
This letter is to acknowledge receipt of your check No. 14651 in the amount of $2585.58
on July 6, 2015. This payment satisfies in full the civil assessment in the amount of $2585.58
levied against Steve Mathis and the case has been closed. If you have any questions, please call
me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations'Program
cc: WQROS- Winston-Salem Regional Office
File # PC-2015-0011
WQROS Central Files (AWS970002)
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone]Internet: ht1p:l/wvvw.ncwater.org
An Equal Opportunity 4 Affirmative Action Employer— Made in part by recycled paper

r �~ RECEIVED
N.C.Deot. of ENR
•— JUN 15 2015
NCDENR4'Vinston-Satern
North Carolina Department of Environment and Natural Res urce92 ional Office
Pat McCrory
Governor
June 11, 2015
CERTIFIED MAIL - # 7014 1200 0001 3432 6646
RETURN RECEIPT REQUESTED
Steve Mathis
ASJ Mathis Farms, LLC
615 Mathis Farm Road
Roaring River, North Carolina 28669
Dear Steve Mathis:
Donald R. van der Vaart
Secretary
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 97-0002
Wilkes County
Enforcement File No. PC-2015-0011
This letter transmits notice of a civil penalty assessed against Steve Mathis in the amount of $1500.00,
and $1085.58 in investigative costs, for a total of $2585.58. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources. 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment 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-
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1611 Mail Service Center, Raleigh, North Carolina 27699-1611
Phone: [phone] Internet: http://www.ncwater.org/
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

r
Assessment of civil penalty
Steve Mathis
Enforcement # PC-2015-0011
Page 2 of 3 ,
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any *of the
factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;.
(2) whether the violator- promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions..
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted
to the following address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
if you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30)

Assessment of civil penalty
Steve Mathis
Enforcement # PC-2015-0011
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with
restrictions) - provided the signed original, one (1) copy and a filing fee (if a fling fee is required by
NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission. You should contact the Office of Administrative Hearings
with all questions regarding the filing fee and/or the details of the filing process. The mailing address and
telephone and fax numbers for the Office of Administrative Hearings are as follows;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: J919) 431-3000
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Sam M. Hayes, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that, additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
S. JWi man, P.G., Director
Division f Water Resources
ATTACHMENTS
cc: Corey Basinger, Winston-Salem WQROS Regional Supervisor w/ attachments
File # PC-2015-0011 wl attachments
WQROS Central Files wI attachments
Wilkes County Health Department

STATE OF NORTH CAROLINA
COUNTY OF WILKES
IN THE MATTER OF
STEVE MATHIS
FOR VIOLATIONS OF NORTH
CAROLINA ADMINISTRATIVE
CODE 15A NCAC 02T .1300 PURSUANT
TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
File No. PC-2015-0011
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, S. Jay Zimmerman, Director of the Division of Water
Resources (DWR), make the following:
FINDINGS OF FACT:
A. Steve Mathis owns and operates ASJ Mathis Farms, LLC, a poultry operation located
along Mathis Farm Road in Wilkes County.
B. ASJ Mathis Farms, LLC is deemed permitted as a non -discharge facility in
accordance with Title 15A North Carolina Administrative Code (NCAC) Subchapter
2T Section .1303 (15A NCAC 2T .1303).
C. In accordance with 15A NCAC. 02T Section .1303(a)(2)(D), litter is not to be
stockpiled uncovered for greater than 15 days.
D. On March 20, 2015, staff of the NC Division of Water Resources (DWR) responded
to a public complaint alleging environmental issues related to stockpiled poultry litter.
on land along Chatham Road in Wilkes County. The ' DWR site investigation
identified a large uncovered stockpile of poultry litter. A follow up investigation on
April 8, 2015 by DWR staff revealed the stockpiled poultry litter was uncovered for a
period greater than 15 days. DWR staff conducted an additional follow-up
investigation on April 22, 2015 and the stockpiled poultry litter was still partially
uncovered.-
E. On April 13, 2015 the DWR issued a Notice of Violation (NOV)/Notice of Intent to
Enforce (NOI) to Steve Mathis for stockpiling litter uncovered for greater than 15

days. The NOV/NOI was sent Certified mail and received by Steve Mathis on April
16, 2015.
F. The cost to the State of the enforcement procedures in this matter totaled $1085.58.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Steve Mathis is a "person" within the meaning of G.S; 143-215.6A pursuant to G.S.
143-212(4).
B. The subject stockpile of poultry litter located off Chatham Road was left uncovered
for a period greater than 15 days.
C. Failure to cover stockpiled poultry litter within a period of 15 days violates 15A
NCAC 02T Section .1303(a)(2)(D).
D. Steve Mathis 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 twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a person
who violates or fails to act in accordance with the terms, conditions, or requirements
of such permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Steve Mathis
pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.I(b)(8).
F. The Director of Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority
to assess civil penalties in the matter.
Based upon the -above Findings of Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Steve Mathis, owner of ASJ Mathis Farms, LLC at the time of non-
compliance, is hereby assessed a civil penalty of:
$ e0 For violating 15A NCAC 02T Section .1303(a)(2)(D) for stockpiling
uncovered poultry litter for more than 15 days.
$ 4 TOTAL CIVIL PENALTY which is % percent of the maximum
penalty authorized by N.C.G.S.§ 143-215.6A.
S /d 8571 !;"0 Enforcement costs
$ !8_C7' S TOTAL, AMOUNT DUE
2

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 quantity or quality;
(4) The cost of rectifying the damage;
(5)The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a
-continuing violation may be considered a separate violation subject to a maximum
$25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for
any other rules and statues for which penalties have not yet been assessed.
- V. TRANSMITTAL
These Findings of Fact, Conclusions of Law and Decision shall be transmitted Steve
Mathis, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) J i rman, P.G., Director
Di si of Water Resources
91

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Steve ,Mathis
County: Wilkes
Case Number: PC-2015-0011
Permit Number: AWD970002
ASSESSMENT FACTORS
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;
The longer that stockpiled poultry litter is left uncovered, the risk for ammonia to be released into the
atmosphere is increased. There is also the increased risk of runofffrom storm water causing surface or
ground water contamination.
2) The duration and gravity of the violation;
bVhen DWR received the initial complaint call on March 17, 2015, the individual reporting the violation
stated that the stockpile had been left uncovered since the fall of 2014. When DWR first observed the litter
stockpile on March 20, 2015 it was evident the stockpile had been in location uncovered for greater than
15 days due to the grass growing from the stockpile. On April 22, 2015 DWR visited the location again
and observed a large proportion of the stockpile to be covered while other parts remained uncovered.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect of leachate run-offfrom ASJ Mathis Farms, LLC uncovered stockpile or poultry litter has had an
unknown effect on ground water. The leachate looked to be fully contained and not reaching any surface
water on any of the dates the stockpile was visited. On April 22, 2015 the ambient air temperature was the
highest of the three visits which resulted in stronger odors being emitted from the stockpile, potentially
affecting the air quality.
4) The cost of rectifying the damage;
The cost of an adequate tarp to cover the stockpile is estimated to total $1, 000. Additionally the cost of
used tires to adequately secure the tarp from blowing off in high winds is estimated to total $500. ASJ
Mathis Farms, LLC is a large poultry and previously permitted cattle operation and it is Believed several of
these supplies could potentially already be available on the farm.
5) The amount of money saved by noncompliance;
The cost of an adequate tarp to cover the stockpile is estimated to total $1,000. Additionally the cost of
used tires to adequately secure the tarp, from blowing off in high winds is estimated to total $500. By not
covering the stockpile of litter, ASJ Mathis Farms, LLC saved approximately $1,500 by noncompliance.
6) Whether the violation was committed willfully or intentionally;
This office considers the failure to cover the stockpile ofpoultry litter to have been corrimitied willfully and
intentionally by Steve Mathis. WSRO-D
oveF .r �rl 4Z^ Ccn- efTe
Al a4e ��[[
7) The prio�Gr�.O
ecord of th7v�iolatorGov in complying or faili m to comply with prams over which the '
Environmental Management Commission has regulatory authority; and S
December 5, 2007 -- NOV for failure to record monthly or I " rain precipitation records for 2007.
October 19, 2007 — NOV/NOI fvr land clearing approximately 21.5 acres which resulted in sediment to an
unnamed tributary to the Grays Creek, Class C waters of the State.
8) The cost to the State of the enforcement procedures.
$1085.58
4
D to a mermann
rev 1.0 - 8.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2015-0011 County: Wilkes
Assessed Party: Steve Mathis
Permit No.: AWD970002 Amount assessed: $2585.58
Please use this form when requesting remission of this civil penalty. You must also complete the
'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil. penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in determining
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of
a civil -penalty may be granted when one or more of the following five factors applies. Please
check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages
as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(bwere
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty
assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences),-
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

STATE OF NORTH CAROLINA
COUNTY OF WILKES
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
STEVE MATHIS
PERMIT NO, AWD970002
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2015-001 1
Having been assessed civil penalties totaling $2585.58 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, June 11, 2015, the undersigned,
desiring to seek remission of the civil penalty, 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. The undersigned further understands that all evidence presented in support
of remission of this civil penalty must be submitted to the Director of the Division of Water
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the
day of , 2015
Signature
ADDRESS
TELEPHONE

STATE 'OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
COUNTY OF WILKES .
IN THE MATTER OF
STEVE MATHIS
FOR VIOLATIONS OF
NORTH CAROLINA
GS 143-215.1
NATURAL RESOURCES
Case No. PC-2015-0011
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, I, S. Jay Zimmerman, Director of the Division of Water Resources
(DWR), make the following:
I. FINDINGS OF FACT:
A. Steve Mathis owns and operates ASJ Mathis Farms, LLC, a poultry operation located
along Mathis Farm Road in Wilkes County.
B. ASJ Mathis Farms, LLC is deemed permitted as a non -discharge facility in accordance
with Title 15A North Carolina Administrative Code (hereby known as NCAC)
Subchapter 2T Section. 1 303 (15A NCAC 2T .1303).
C. In accordance with 15A NCAC 02T Section .1403(a)(2)(B), animal waste is not to be
stockpiled uncovered for greater than 15 days.
D. On March 20, 2015, staff of the NC Division of Water Resources (DWR) responded to a
public complaint alleging environmental issues related to stockpiled poultry litter on land
along Chatham Road in Wilkes County. The DWR site investigation identified a large
uncovered stockpile of poultry litter. A follow up investigation on April 8, 2015 by
DWR staff revealed the stockpiled poultry litter was uncovered for a period greater than
15 days. DWR staff conducted an additional follow-up investigation on April 22, 2015
and the stockpiled poultry litter was still partially uncovered.
E. On April 13, 2015 the DWR-WSRO responded by issuing allotice of Violation
(NOV)/Notice of Intent to Enforce (NOI) to Steve Mathis for stockpiling litter uncovered
for greater than 15 days. The NOV/NOI was sent Certified mail and received by Steve
Mathis on April 16, 2015. The DWR-WSRO received a response letter from the violator
on April 29, 2015 stating ASJ Mathis Farms, LLC attempted to cover the litter pile
several times but due to high winds they could not keep the stockpiled litter covered.

L. The costs to the State of the enforcement procedures in these matters totaled $ t,085.58.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Steve Mathis is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. The subject stockpile of poultry litter located off Chatham Road was left uncovered for a
period greater than 15 days.
C. Failure to cover stockpiled poultry litter within a period of 15 days violated 15A NCAC
02T Section .1303(a)(2)(D).
D. Steve Mathis 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 twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who violates or fails to
act in accordance with the terms, conditions, or requirements of such permit required by
G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Steve Mathis
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Director of Division of Water Resource, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority to
assess civil penalties in the matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
111wilKOIL1167es
Accordingly, Steve Mathis, owner of ASJ Mathis Farms, LLC at the time of non-compliance, is
hereby assessed a civil penalty of:
E
for violation of 15A NCAC 02T Section .1303(a)(2)(D) for
stockpiling uncovered poultry litter for more than 15 days.
$ TOTAL CIVIL PENALTY
$ 1,085.58 Enforcement costs
$ 1 TOTAL AMOUNT DUE

Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have
taken into account the Findings of Fact and Conclusions of Law and the factors set forth at
N.C.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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may
be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil
penalties and investigative cost may be assessed for any other rules and statutes for which
penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Steve Mathis,
in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)
S. Jay Zimmerman, P.G., Director
Division of Water Resources

Assessment Factors
May 18, 2015
Violator: Steve Mathis — ASJ Mathis Farms, LLC
Owner: Steve Mathis
Region: Winston-Salem
1. The degree and extent of harm to the natural resources of the State, to public health or to
private property:
The longer that stockpiled poultry litter is left uncovered, the risk for ammonia to be released
into the atmosphere is increased. There is also the increased risk of runoff from storm water
causing surface or ground water contamination.
a. The duration and gravity of the violations:
When DWR received the initial complaint call on March 17, 2015, the individual reporting the
violation stated that the stockpile had been left uncovered since the fall of 2014. When DWR
first observed the litter stockpile on March 20, 2015 it was evident the stockpile had been in
location uncovered for greater than 15 days due to the grass growing from the stockpile. DWR
decided to give ASJ Mathis Farm, LLC a 15 day window from when DWR first observed the
stockpile to come back into compliance, but on April S, 2015 after the 15 day time period had
expired the stockpiled litter still remained uncovered. On April 17, 2015 after issuing ASJ
Mathis Farms, LLC a NOV/N01, Luke Mathis, Steve Mathis' son, contacted me by telephone
stating the he had covered the pile but high winds had removed the tarp. I asked Luke how he
was securing the tarp down and he stated that they "scoop up some litter and place it on the tarp
to hold it down". This method leaves poultry litter still uncovered and does not properly secure
the tarp from blowing off. On April 22, 2015 DWR visited the location again and observed a
large proportion of the stockpile to be covered while other parts remained uncovered.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect of leachate run-off from ASJ Mathis Farms, LLC uncovered stockpile or poultry litter
has had an unknown effect on ground water. The leachate looked to be fully contained and not
reaching any surface water on any of the dates the stockpile was visited. On April 22, 2015 the
ambient air temperature was the highest of the three visits which resulted in stronger odors
being emitted from the stockpile, potentially affecting the air quality.
4. The cost of rectifying the damage:
The cost of an adequate tarp to cover the stockpile is estimated to total $1,000. Additionally the
cost of used tires to adequately secure the tarp from blowing off in high winds is estimated to
total $500. ASJ Mathis Farms, LLC is a large poultry and previously permitted cattle operation
and it is believed several of these supplies could potentially already be available on the farm.
5. The amount of money'saved by noncompliance:
The cost of an adequate tarp to cover the stockpile is estimated to total $1,000. Additionally the
cost of used tires to adequately secure the tarp from blowing off in high winds is estimated to

Assessment Factors — Steve Mathis
May 18, 2015
Page 2
total $500. By not covering the stockpile of litter, ASJ Mathis Farms, LL,C saved approximately
$1,500 by noncompliance.
6. Whether the violation was committed willfully or intentionally:
This office considers the failure to cover the stockpile of poultry litter to have been committed
willfully and intentionally by Steve Mathis. On March 18, 2015, I spoke with Luke Mathis,
Steve Mathis' son who runs the day to day operations on ASJ Mathis Farms LLC, and he
informed me that he thought the pile was covered but would go make sure that it was covered
that day. On March 20, 2015 a site visit was conducted by WSRO-DWR staff and a large
uncovered stockpile of poultry litter was observed. On the afternoon of March 20, 2015 an
email was sent to ASJ Mathis Farms, LLC informing them that the stockpile was uncovered and
that they needed to have it covered within 15 days. I received a response email from Luke
Mathis on March 20, 2015, stating that the stockpile would be covered that day. On April 8,
2015 the stockpile was observed, still uncovered, by WSRO-DWR staff and an NOV/NOI was
issued. On April 17, 2015 after receiving the NOV/NO1 on April 16, 2015 Luke Mathis called
me to express his concerns and stated they had covered the pile but high winds had blown it off.
When WSRO-DWR staff was on site investigating, never did we see any evidence of a willful
attempt to cover the stockpile as there were no tires, as commonly used, or any other heavy
object to properly secure the tarp over the stockpile. It was evident on March 20, 2015 when
WSRO-DWR staff first visited the stockpile that the stockpile had been uncovered in location
for longer than 15 days already but we tried to work with ASJ Mathis Farms, LLC giving them
an additional 15 day grace period to have the stockpile covered but no willful attempt was
observed by WSRO-DWR staff.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
December 5, 2007 — NOV for failure to record monthly or 1" rain precipitation records for
2007.
October 19, 2007 — NOV/NOI for land clearing approximately 21.5 acres which resulted in
sediment to an unnamed tributary to the Grays Creek, Class C waters of the State.
8. The costs to the State of the enforcement procedures.
Investigator — 7.5 hours field time and 24 hours enforcement time $ 195.15
- 24 hours enforcement time , $ 624.48
Corey Basinger - 1 hour for enforcement review $ 48.35
Mileage - 240 miles @ 0.49 cents /mile $ 117.60
Administrative Costs $ 100.00
Total Cost $1,085.58
9. Type of Violator:
Steve Mathis owns and operates ASJ Mathis Farms, LLC.

Assessment Factors — Steve Mathis
May 18, 2015
Page 3
10. Violator's degree of cooperation (including efforts to restore) or recalcitrance:
Mr. Luke Mathis repeatedly stated that he would have the stockpile covered and after issuing
the NOV/NOI a site visit was conducted on April 22, 2015 where an attempt to cover the
stockpile was observed. Although an attempt to cover the stockpile was made, it was not a
willful attempt and a large section of the stockpile had already come exposed again.
H. Mitigating factors:
We feel that the State has afforded ASJ Mathis Farms, LLC ample opportunity with which to
come into compliance and that there is no justified mitigating factors. .
12. Assessment factors:
A. I WC ----NA
B. Receiving Stream ----- NA
C. SOCIJOC--------- NA
D. Copy of MP Screen ----- NA
E. Copy of Limits Page ---- NA
F. Damage ------ NA
Certification:
I certify that the information in this report is true to the best of my
(Date)
Investi

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
May 18, 2015
MEMORANDUM:
To: Christine Lawson
From: Corey Basinger
Michael ShepherdYP3
Subject: Recommendation for Civil Penalty
Case #: PC-2015-0011
ASJ Mathis Farms, LLC, AWD970002
Wilkes County
Please find attached, documents supporting the Winston-Salem Regional Office's request
for a civil penalty assessment against Steve Mathis, owner of ASJ Mathis Farms, LLC, for
failing to cover stockpiled poultry litter after more than 15 days.
Staff from the Winston-Salem Regional Office Division of Water Resources (WSRO-
DWR) received a compliant on March 16, 2015 concerning an uncovered pile of poultry litter
from ASJ Mathis Farms. On March 18, 2015 WSRO-DWR personnel was able to contact Luke
Mathis of ASJ Mathis Farms and he stated he thought the pile was covered but would have an
employee go make sure it was covered. On March 20, 2015 WSRO-DWR staff visited the
location of the poultry stockpile and discovered a large pile of uncovered Iitter. Staff from
WSRO-DWR contacted Luke Mathis on March 20, 2015 and informed him that ASJ Mathis
Farms had 15 days to have the pile covered or removed and he stated it would be covered that
day.
On April 08, 2015 WSRO-DWR staff conducted a follow-up visit after the expiration of
the 15 day deadline to discover that the stockpile of poultry litter was not covered. An
NOV/NOI was sent to ASJ Mathis Farms, LLC on April 13, 2015 and Luke Mathis called the
WSRO on April 17, 2015 stating that he received the NOV/NOI and that he would have the
stockpile covered by the next day.
Another follow-up visit was conducted on April 22, 2015 by WSRO-DWR personnel
who discovered that the stockpiled poultry litter had been partly covered. A significant
proportion of the litter stockpile was still exposed and leachate continued to run off of the pile.
Observations during our last visit on April 22, 2015 document that there continues to be an
uncovered stockpile of poultry litter far exceeding the 15 day limit with continued leachate
seepage.

Mathis - Request for Civil Penalty
May 18, 2015
Page 2
We request that you initiate appropriate action from your office and forward the attached
package to the Director of the Division of Water Resources. The following items are being
transmitted for your review:
A) .A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Recent correspondence between violator and DWR, including copies of the
"NOV/NOI letter."
D) Photographs of the site.
E) Maps
Please contact Michael Shepherd in our office at [phone] for any additional
information you may need. '
Attachments
cc: Winston-Salem Regional Office Facility Files

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ASJ Mathis Farms, LLC
AWD970002
Case #PC-2015-0011
May 18, 2015
All photographs taken March 20, April 08, or April2Z 2015
Uncovered stockpile of poultry litter from
ASJ Mathis Farms. Photos taken on March
20, 2015. Grass growing on pile indicates
that the pile has been uncovered in this
location for a significant length of time.
Leachate was observed coming from the
poultry litter stockpile but was contained
and not reaching any surface waters.

A plastic tarp was located on site on April
08, 2015, although it was not evident that
any effort was made to cover the stockpile
with the tarp nor would the amount of tarp
on location been significant enough to
properly cover the entire stockpile and
prohibit leachate.
The stockpile of poultry litter from ASJ
Mathis Farms continued to be uncovered
when WSRQ-DWR staff visited the site on
April 08, 2015 after the 15 day deadline
given.
Evidence of leachate from the stockpile of
poultry litter continued to be observed on
April 08, 2015.

An attempt to cover the poultry litter
stockpile was made, although a
significant proportion of the stockpile
continued to be exposed on April 22,
2015.
Poultry litter was used to anchor the tarp down instead of tires. Using
poultry litter as an anchor is not allowed because this leaves litter still
exposed for runoff during a rain event.

Evidence of leachate from the stockpile of
poultry litter continued to be observed on
April 22, 2015.

0 Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 970002 Facility Status: Closed
Inpsection Type: Compliance Inspection
Permit: AWD970002
Inactive Or Closed Date:
Reason for Visit: Follow-up County: Wilkes Region:
Date of Visit: 05/20/2016 Entry Time: 11:30 am Exit Time: 11:40 am Incident #
Farm Name:
ASJ Mathis Farm
Owner:
Steve Mathis
Mailing Address:
615 Mathis Farm Rd
Physical Address:
Facility Status:
❑ Compliant Not Compliant Integrator:
Location of Farm:
Latitude:
Farm Location: 421 north to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left.
Owner Email:
Phone:
Roaring River NC 28669
36° 08,
❑ Denied Access
Winston-Salem
336-984-3380
Longitude: 80" 59' 08"
Question Areas:
Other Issues
Certified Operator: Operator Certification Number: 1
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
Phone
Primary inspector: Michael She h rcL Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
32. A follow-up visit to check on the status of the stockpile of poultry litter found to be in violation was conducted on 05/20/2015 at
11:30 am. Once on site the stockpile was observed over 314 of the way uncovered. The stockpile continues to be in violation of
15A NCAC 2T section .1303 for having a stockpile of animal waste uncovered for greater than 15 days. There was no sign that
any litter had been added or removed from the pile since the last visit on 04/22/2015. Two tractors were on site during the visit as
the surrounding fields had recently had a small grain crop cut off the fields, although no individuals were observed.
page: 1

Permit: AWD970002 Owner - Facility : Steve Mathis Facility Number: 970002
Inspection Date: 05/20/15 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Other Issues
Yes
No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑
❑
and report mortality rates that exceed normal rates?
29, At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
0 ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
0 ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
❑ ❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑ ❑
❑
CAWM P?
33. Did the Reviewerllnspector fail to discuss review/inspection with on -site representative?
❑
❑ 0❑
34• Does the facility require a follow-up visit by same agency?
❑
■ ❑
❑
0
N ,wl
page: 2

M Division of Water Resources
❑ Division of Soil and Water Conservation
❑ 'Other Agency
Facility Number: 970002 Facility Status: Closed Permit: AWD970002 ❑ Denied Access
Inpsection Type: Compliance Inspection Inactive Or Closed Date:
Reason for Visit. Follow-up County: Wilkes Region: Winston-Salem
Date of Visit: 05/20/2015 Entry Time: 11:30 am Exit Time: 11:40 am Incident #
Farm Name: ASJ Mathis Farm Owner Email:
Owner: Steve Mathis Phone:
Mailing Address: 615 Mathis Farm Rd Roaring River NC 28669
336-984-3380
Physical Address:
Facility Status: ❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude: 36' 08' Longitude: 80' 59' 08"
Farm Location: 421 north to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left.
Question Areas:
Other Issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
Phone:
Primary Inspector: Michael ShepNyd
Inspector Signature:
Secondary Inspector(s):
Phone:
Date:
Inspection Summary:
32. A follow-up visit to check on the status of the stockpile of poultry litter found to be in violation was conducted on 05/20/2015 at
11:30 am. Once on site the stockpile was observed over 3/4 of the way uncovered. The stockpile continues to be in violation of
15A NCAC 2T section .1303 for having a stockpile of animal waste uncovered for greater than 15 days. There was no sign that
any litter had been added or removed from the pile since the last visit on 04/2212015. Two tractors were on site during the visit as
the surrounding fields had recently had a small grain crop cut off the fields, although no individuals were observed.
page: 1

Permit: AWD970002 Owner - Facility : Steve Mathis Facility Number: 970002
Inspection Date: 05/20/15 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Other Issues
Yes
No Na No
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
M ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
❑ ❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
0
❑ ❑
❑
CAWM P?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑
❑ M
❑
34. Does the facility require a follow-up visit by same agency?
❑
M ❑
11
page: 2

Farms,
To Whom It May Concern:
RECEIVED
N.C.Dept. of ENR
APR 2 9 2015
Winston-Salem
Re ionel offce
On March 18, 2015, Michael Shepherd called me and told me that I had a uncovered
litter pile on Chatham Dirt Rd. On the evening of the same day I had my employees
re-cover the litter pile and place dirt on the outside of the plastic to hold it in place.
We have experienced wind problems in this area before and have taken
precautionary methods to prevent the pile from being exposed to the environment.
We re-covered the pile on April 17, 2015 and placed a new cover of plastic and
placed dirt around the outer edges of the plastic to prevent the wind from taking the
plastic off. I hope after carefully reviewing and consideration that you will see that I
did not leave this stockpile of litter uncovered intentionally. We talk all steps to
ensure that all litter piles are covered but due to mother -nature and uncontrollable
circumstances piles that are covered become uncovered when wind lifts underneath
and takes the plastic off. I appreciate all your time and help in this matter and look
forward to hearing a resolution to this problem.
Luke Mathis
ASJ Mathis Farms, LLC
[phone]
615 Mathis Farm Rd
Roaring River, NC 28669
[phone]
[phone]
[e-mail]

RECEIVED ,
N.C.Dept, of ENR
ASJ Mathis Fams, LLC APB 29 2015
Winston-Salem
R._eslonel CH11
To Whom It May Concern:
On March 18, 2015, Michael Shepherd called me and told me that I had a uncovered
litter pile on Chatham Dirt Rd. On the evening of the same day I had my employees
re-cover the litter pile and place dirt on the outside of the plastic to hold it in place.
We have experienced wind problems in this area before and have taken
precautionary methods to prevent the pile from being exposed to the environment.
We re-covered the pile on April 17, 2015 and placed a new cover of plastic and
placed dirt around the outer edges of the plastic to prevent the wind from taking the
plastic off. I hope after carefully reviewing and consideration that you will see that I
did not leave this stockpile of litter uncovered intentionally. We talk all steps to
ensure that all litter piles are covered but due to mother -nature and uncontrollable
circumstances piles that are covered become uncovered when wind lifts underneath
and takes the plastic off. I appreciate all your time and help in this matter and look
forward to hearing a resolution to this problem.
Luke Mathis
ASJ Mathis Farms, LLC
[phone]
615 Mathis Farm Rd
Roaring River, NC 28669
[phone]
[phone]
kmathiarn am.4i1.rn

M Division of Water Resources
❑ Division of Soil and Water Conservation
Other Agency
Facility Number: 970002 Facility Status:
Inpsection Type: Compliance Inspection
Permit: AWD970002 ❑ Denied Access
Inactive Or Closed Date:
Reason for Visit: Follow-up County: Wilkes Region: Winston-Salem
Date of Visit: 04/22/2015 Entry Time: 10:10 am Exit Time: 10:30 am Incident #
Farm Name: ASJ Mathis Farm Owner Email:
Owner: Steve Mathis Phone:
Mailing Address: 615 Mathis Farm Rd Roaring River NC 28669
Physical Address:
Facility Status: ❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude: 36" 08'
Farm Location: 421 north to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left.
Question Areas:
■ Other Issues
Closed
336-984-3380
Longitude: 80° 59' 08"
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
On -site representative Steve Mathis Phone: [phone]
Primary Inspector: Michael Shep -
Inspector Signature:
Secondary Inspector(s).
Phone:
Date:
Inspection Summary:
The WSRO-DWR personnel conducted a follow-up visit of ASJ Farms poultry litter pile on the morning of April 22, 2015 at 10:10
am. Once on site it was determined that an attempt to cover the litter pile was made, but the clear thin plastic that was used to
cover the pile was too small to adequately cover the entire pile. The plastic that was used to cover the pile had split down the
middle uncovering a section of the pile. No tires or heavier material was on site to property secure the cover from being removed
and uncovering the pile of poultry litter. To attempt to hold the plastic down, piles of the poultry litter was scooped up and placed
along the edge of the plastic leaving poultry litter exposed. Leachate from the litter pile was increased today and although the
leachate is being contained and not entering surface water the continued treat of contaminating ground water exist. The pile of
poultry litter is estimated to be the same size today with no new litter being added or no litter being removed. The smell was
increased today as the clear plastic seemed to be baking the litter in the sun. A greater amount of flies were present at the site
today. -See associated pictures.
page: 1

Permit: AWD970002 Owner - Facility : Steve Mathis Facility Number: 970002
Inspection Date: 04/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Otherlssues
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Yes No Na No
❑ ❑ ❑ IN
❑ ME] ❑
❑❑❑■
❑ ❑ ❑ IN
1111 ❑
❑❑❑■
❑❑❑■
page: 2

Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 970002 Facility Status:
Inpsection Type: Compliance Inspection
Permit: AWD970002 ❑ Denied Access
Inactive Or Closed Date:
Reason for Visit: Follow-up County: Wilkes Region: Winston-Salem
Date of Visit: 04/22/2015 EntryTime: 10:10 am Exit Time: 10:30 am Incident 0
Farm Name: ASJ Mathis Farm Owner Email:
Owner: Steve Mathis Phone: [phone]
Mailing Address: 615 Mathis Farm Rd Roaring River NC 28669
Closed
Physical Address:
Facility Status: ❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude:
Farm Location: 421 north to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left
Question Areas:
Other Issues
36° 08'
Longitude: $0° 59' 08"
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Represontative(s): Name Title Phone
On -site representative Steve Mathis Phone : [phone]
Primary Inspector: Michael Shepherd Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
The WSRO-DWR personnel conducted a follow-up visit of ASJ Farms poultry litter pile on the morning of April 22, 2015 at 10:10
am. Once on site it was determined that an attempt to cover the litter pile was made, but the clear thin plastic that was used to
cover the pile was too small to adequately cover the entire pile. The plastic that was used to cover the pile had split down the
middle uncovering a section of the pile. No tires or heavier material was on site to properly secure the cover from being removed
and uncovering the pile of poultry litter. To attempt to hold the plastic down, piles of the poultry litter was scooped up and placed
along the edge of the plastic leaving poultry litter exposed. Leachate from the litter pile was increased today and although the
leachate is being contained and not entering surface water the continued treat of contaminating ground water exist. The pile of
poultry litter is estimated to be the same size today with no new litter being added or no litter being removed. The smell was
increased today as the clear plastic seemed to be baking the litter in the sun. A greater amount of flies were present at the site
today. See associated pictures.
page: 1

Permit: AWD970002 Owner - Facility : Steve Mathis Facility Number: 970002
Inspection Date: 04/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Otherlssues
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWM P?
33. Did the Reviewer/inspector fail to discuss reviewfinspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Yes No Na Ne
❑ ❑ ❑ N
❑ 0013
❑ ❑ ❑
01
■❑❑❑
❑❑❑■
page: 2

April 17, 2015
09:45 am
I, Michael Shepherd, received a phone call from Luke Mathis concerned about the NOV/N01 letter he
received in the mail the previous day. Luke stated that he had his guys cover the pile with a tarp but
wind had blown the tarp off the pile. When I asked Luke how he secured the tarp over the pile as I did
not observe any tires when I visited the site on 04/08/2015, Luke stated that they had used litter to hold
the edge of the tarp down. I told Luke that was not a sufficient method and that litter would still be
exposed and a violation with that method, Luke then corrected his self saying that he meant they use
the tractor to scoop up dirt around the pile to secure the tarp. As pictures show, there was no evidence
of any surrounding dirt or litter that had been disturbed to secure a tarp down nor was the tarp that was
on site large enough to properly cover the complete pile of litter. I asked Luke to respond to me in
writing what AS1 Farms had done to attempt to properly cover the pile and he said that he would do
that with in the 30 days allowed.
Michael hepherd

April 17, 2015
09:45 am
I, Michael Shepherd, received a phone call from Luke Mathis concerned about the NOV/NOl letter he
received in the mail the previous day. Luke stated that he had his guys cover the pile with a tarp but
wind had blown the tarp off the pile. When I asked Luke how he secured the tarp over the pile as I did
not observe any tires when I visited the site on 04/08/2015, Luke stated that they had used litter to hold
the edge of the tarp down. I told Luke that was not a sufficient method and that litter would still be
exposed and a violation with that method, Luke then corrected his self saying that he meant they use
the tractor to scoop up dirt around the pile to secure the tarp. As pictures show, there was no evidence
of any surrounding dirt or litter that had been disturbed to secure a tarp down nor was the tarp that was
on site large enough to properly cover the complete pile of litter. I asked Luke to respond to me in
writing what ASJ Farms had done to attempt to properly cover the pile and he said that he would do
that with in the 30 days allowed.
Michael hepherd ,/%

NCU R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 13, 2015
CERTIFIED MAIL 4 7010 2780 00014236 4250
RETURN RECEIPT REQUESTED
Mr. Steve Mathis
615 Mathis Farm Road
Roaring River, North Carolina 28669
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Stockpiled Poultry Litter on Chatham Road
ASJ Mathis Farm, Permit No. AWD970002,
Wilkes County
NOV-2015-PC-0070
Dear Mr. Mathis:
Donald van der Vaart
Secretary
On March 20, 2015, the Division of Water Resources (DWR) Winston-Salem Regional Office
(WSRO) responded to a report regarding environmental issues related to stockpiled poultry litter on
land owned by ASJ Mathis Farm located on Chatham Road in Wilkes County as referenced on the
attached map.
DWR staff contacted Mr. Luke Mathis of ASJ Mathis Farm on March 18, 2015 and informed him
of the uncovered stockpile of poultry litter and environmental rules related to animal waste
management systems requiring stockpiled poultry litter to be covered within 15 days. On April 08,
2015 DWR-WSRO staff conducted a follow-up site investigation and the stockpiled poultry litter
was still uncovered exceeding the 15 day maximum.
As a result of this incident, you are hereby notified that, you have been found to be in violation with
15A NCAC 2T Sections .1303 Permitting by Regulation and General Statutes. The violation is as
follows:
Violation 1:
In accordance with 15A NCAC 2T Section. I 303(a)(2)(D) Permitting by Regulation, animal waste
is not to be stockpiled uncovered for greater than 15 days.
Based on site observations, the stockpiled poultry litter had been uncovered for a period greater than
15 days.
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone]Internet: www.ngwaterauallty.ori;
An Equal Opportunity \Affirmative Action Employer —Made in part by recycled paper

Required Corrective Action for Violation 1:
The subject stockpile of litter should be land applied at agronomic rates. Please note that uncovered
stockpiled litter must be covered within 15 days in cases where application events are prolonged.
Additionally, stockpiled litter shall not be located closer than 100 feet from a perennial stream or
perennial waterbody. A setback of at least 25 feet shall be maintained to a perennial stream or
perennial waterbody during land application events. Also, any discharge of wastewater (leachate) to
surface waters or wetlands is prohibited. Take all necessary steps to ensure poultry litter is properly
stored and applied.
As a result of the violation in this Notice, this office is considering recommending an assessment of
civil penalties against you for the above referenced violations. If you wish to present an explanation
for the violations cited, or if you believe there are other factors which should be considered; please
send such information to me in writing within thirty (30) days following receipt of this letter.
Please include a copy of your nutrient management plan in your response. All information will be
reviewed, and, if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for consideration. Any written response(s)
should be sent to my attention at the address shown on the letterhead. Be advised that NC General
Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for
violations of state environmental laws and regulations.
For reference, animal waste management system rules, requirements, and information can be found
at the following address: http://portal.ncdenr.org/web/wglaps/afo Additionally, please find the
attached pictures documenting site conditions.
If you have questions concerning this Notice, please contact Michael Shepherd or me at (336) 776-
9800.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment: Map of property
Site pictures
cc: Animal Feeding Operations Unit
Wilkes County NRCS
WSRO Facility Files

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NCDETIR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 13, 2015
CERTIFIED MAIL # 7010 2780 0001 4236 4250
RETURN RECEIPT REQUESTED
Mr. Steve Mathis
615 Mathis Farm Road
Roaring River, North Carolina 28669
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Stockpiled Poultry Litter on Chatham Road
ASJ Mathis Fann, Permit No. AWD970002,
Wilkes County
NOV-2015-PC-0070
Dear Mr. Mathis:
Donald van der Vaart
Secretary
On March 20, 2015, the Division of Water Resources (DWR) Winston-Salem Regional Office
(WSRO) responded to a report regarding environmental issues related to stockpiled poultry litter on
land owned by ASJ Mathis Farm located on Chatham Road in Wilkes County as referenced on the
attached map.
DWR staff contacted Mr. Luke Mathis of ASJ Mathis Farm on March 18, 2015 and informed him
of the uncovered stockpile of poultry litter and environmental rules related to animal waste
management systems requiring stockpiled poultry litter to be covered within 15 days. On April 08,
2015 DWR-WSRO staff conducted a follow-up site investigation and the stockpiled poultry litter
was still uncovered exceeding the 15 day maximum.
As a result of this incident, you are hereby notified that, you have been found to be in violation with
15A NCAC 2T Sections .1303 Permitting by Regulation and General Statutes. The violation is as
follows:
Violation 1:
In accordance with 15A NCAC 2T Section .1303(a)(2)(D) Permitting by Regulation, animal waste
is not to be stockpiled uncovered for greater than 15 days.
Based on site observations, the stockpiled poultry litter had been uncovered for a period greater than
15 days.
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone] \ Internet: www.ncwaterctuality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Required Corrective Action for Violation 1:
The subject stockpile of litter should be land applied at agronomic rates. Please note that uncovered
stockpiled litter must be covered within 15 days in cases where application events are prolonged.
Additionally, stockpiled litter shall not be located closer than 100 feet from a perennial stream or
perennial waterbody. A setback of at least 25 feet shall be maintained to a perennial stream or
perennial waterbody during land application events. Also, any discharge of wastewater (leachate) to
surface waters or wetlands is prohibited. Take all necessary steps to ensure poultry litter is properly
stored and applied.
As a result of the violation in this Notice, this office is considering recommending an assessment of
civil penalties against you for the above referenced violations. If you wish to present an explanation
for the violations cited, or if you believe there are other factors which should be considered; please
send such information to me in writing within thirty (30) days following receipt of this letter.
Please include a copy of your nutrient management plan in your response. All information will be
reviewed, and, if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for consideration. Any written response(s)
should be sent to my attention at the address shown on the letterhead. Be advised that NC General
Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for
violations of state environmental laws and regulations.
For reference, animal waste management system rules, requirements, and information can be found
at the following address: httr)://portal.nedenr.org/web/wg/gps/afo Additionally, please find the
attached pictures documenting site conditions.
If you have questions concerning this Notice, please contact Michael Shepherd or me at (336) 776-
9800.
Sincerely,
a
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment: Map of property
Site pictures
cc: Animal Feeding Operations Unit
Wilkes County NRCS
WSRO Facility Files

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Photos of poultry litter stockpile from follow-up site visit on April 08, 2015.

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Arn
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 13, 2015
CERTIFIED MAIL # 701O 2780 000l 4236 4250
RETURN RECEIPT REQUESTED
Mr. Steve Mathis.
615 Mathis Farm Road
Roaring River, North Carolina 28669
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Stockpiled Poultry Litter on Chatham Road
ASJ Mathis Farm, Permit No. AWD970002,
Wilkes County
NOV-2015-PC-0070
Dear Mr. Mathis:
Donald van der Vaart
Secretary
On March 20, 2015, the Division of Water Resources (DWR) Winston-Salem Regional Office
(WSRO) responded to a report regarding environmental issues related to stockpiled poultry litter on
land owned by ASJ Mathis Farm located on Chatham Road in Wilkes County as referenced on the
attached map.
DWR staff contacted Mr. Luke Mathis of ASJ Mathis Farm on March 18, 2015 and informed him
of the uncovered stockpile of poultry litter and environmental rules related to animal waste
management systems requiring stockpiled poultry litter to be covered within 15 days. On April 08,
2015 DWR-WSRO staff conducted a follow-up site investigation and the stockpiled poultry litter
was still uncovered exceeding the 15 day maximum.
As a result of this incident, you are hereby notified that, you have been found to be in violation with
15A NCAC 2T Sections .1303 Permitting by Regulation and General Statutes. The violation is as
follows:
Violation 1:
In accordance with 15A NCAC 2T Section .1303(a)(2)(D) Permitting by Regulation, animal waste
is not to be stockpiled uncovered for greater than 15 days.
Based on site observations, the stockpiled poultry litter had been uncovered for a period greater than
15 days.
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone] \ Internet: www.ncwaterguality.ors
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper

Required Corrective Action for Violation is
The subject stockpile of litter should be land applied at agronomic rates. Please note that uncovered
stockpiled litter must be covered within 15 days in cases where application events are prolonged.
Additionally, stockpiled litter shall not be located closer than 100 feet from a perennial stream or
perennial waterbody. A setback of at least 25 feet shall be maintained to a perennial stream or
perennial waterbody during land application events. Also, any discharge of wastewater (leachate) to
surface waters or wetlands is prohibited. Take all necessary steps to ensure poultry litter is properly
stored and applied.
As a result of the violation in this Notice, this office is considering recommending an assessment of
civil penalties against you for the above referenced violations. If you wish to present an explanation
for the violations cited, or if you believe there are other factors which should be considered; please
send such information to me in writing within thirty (30) days following receipt of this letter.
Please include a copy of your nutrient management plan in your response. All information will be
reviewed, and, if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for consideration. Any written response(s)
should be sent to my attention at the address shown on the letterhead. Be advised that NC General
Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for
violations of state environmental laws and regulations.
For reference, animal waste management system rules, requirements, and information can be found
at the following address: http://portal.ncdenr.or--/web/wqlaps/afo Additionally, please find the
attached pictures documenting site conditions.
If you have questions concerning this Notice, please contact Michael Shepherd or me at (336) 776-
9800.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment: Map of property
Site pictures
cc: Animal Feeding Operations Unit
Wilkes County NRCS
WSRO Facility Files

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Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 970002 Facility Status: Closed
Inpsection Type: Compliance Inspection
Permit: AWD970002
Inactive Or Closed Date:
Reason for Visit: Follow-up County: Wilkes Region:
Date of visit: 04/08/2015 Entry Time: 10:45 am Exit Time: 11:00 am Incident #
Farm Name:
ASJ Mathis Farm
Owner:
Steve Mathis
Mailing Address:
615 Mathis Farm Rd
Physical Address:
Facility Status:
❑ Compliant Not Compliant Integrator:
Location of Farm:
Latitude:
Farm Location: 421 north
to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left
Owner Email:
Phone:
Roaring River NC 28669
36° 08'
❑ Denied Access
Winston-Salem
336-984-3380
Longitude: 80° 59' 08"
Question Areas:
. Other Issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Steve Mathis Phone: [phone]
Primary Inspector: Michael She rd Phone:
Z p/S
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
A follow-up site visit was conducted on 04/08/2015 to determine if a stockpile of poultry litter from A.S.J. Mathis Farm had been
covered up with in 15 days. Once on site it was determined the pile of poultry litter was not covered and ASJ Mathis Farm was in
violation. A small tarp was found lying next to the stockpile, but the tarp was significantly undersized to be able to cover the litter
pile. Also there was no anchoring devices to hold a tarp in place if was attempted to be covered indicating that not good faith effort
was made to cover the stockpile. There was no sign that any additional poultry litter had been added to the stockpile since the
initial site visit on 0311812015. Multiple phone calls were place on 04108 and 04/09/2015 to Steve Mathis, John Mathis and Luke
Mathis' home, cell and farm office numbers with no answers or return phone calls from message left on Steve Mathis home
phone answering machine.
page: 1

Permit: AVVD970002 Owner - Facility : Steve Mathis Facility Number: 970002
Inspection Date: 04/08/15 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Other Issues
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/inspector fail to discuss review/inspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Yes No Na Ne
❑❑❑■
❑ E ❑ ❑
■❑❑❑
❑ E ❑ ❑
❑■❑❑
page: 2

0 Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 970002 Facility Status: Closed permit: AWD970002 ❑ Denied Access
Inppection Type: Compliance Inspection Inactive Or Closed Date:
Reason for Visit: Follow-up County: Wilkes Region: Winston-Salem
Date of Visit: 04/08/2015 Entry Time: 10:45 am Exit Time: • 11:00 am Incident #
Farm Name: ASJ Mathis Farm Owner Email:
Owner: Steve Mathis Phone:
Mailing Address: 615 Mathis Farm Rd Roaring River NC 28669
Physical Address:
336-984-3380
Facility Status: ❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude: 36' 08' Longitude: 80° 59' 08"
Farm Location: 421 north to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left.
Question Areas:
Other Issues
Certified Operator:
Secondary OIC(s):
Operator Certification Number:
On -Site Representative(s): Name Title Phone
24 hour contact name Steve Mathis Phone : [phone]
Primary Inspector: Michael Shepherd Rhone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
A follow-up site visit was conducted on 04/08/2015 to determine if a stockpile of poultry litter from A.S.J. Mathis Farm had been
covered up with in 15 days. Once on site it was determined the pile of poultry litter was not covered and ASJ Mathis Farm was in
violation. A small tarp was found lying next to the stockpile, but the tarp was significantly undersized to be able to cover the litter
pile. Also there was no anchoring devices to hold a tarp in place if was attempted to be covered indicating that not good faith effort
was made to cover the stockpile. There was no sign that any additional poultry litter had been added to the stockpile since the
initial site visit on 03118/2015. Multiple phone calls were place on 04/08 and 04/09/2015 to Steve Mathis, John Mathis and Luke
Mathis' home, cell and farm office numbers with no answers or return phone calls from message left on Steve Mathis home
phone answering machine.
N
page: 1

Permit: AWD970002 Owner - Facility : Steve Mathis Facility Number: 970002
Inspection Date: 04/08/15 Inppection Type: Compliance Inspection Reason for Visit: Follow-up
Other Issues
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates'?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon 1 Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative?
34, Does the facility require a follow-up visit by same agency?
J
i
Yes
No Na No
❑
❑ ❑
N
❑
■❑
❑
❑❑❑■
❑❑❑■
El
❑ ❑
❑
❑
E ❑
❑
❑■❑❑
page: 2

Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 970002 Facility Status:
Closed Permit: AWD970002
❑ Denied Access
Inpsection Type: Compliance Inspection
Inactive Or Closed Date:
Reason for Visit. Complaint
County: Wilkes Region:
Winston-Salem
Date of Visit: 03/20/2015 Entry Time: 10:00 am
Exit Time: 10:30 am Incident #
Farm Name: ASJ Mathis Farm
Owner Email;
Owner: Steve Mathis
Phone:
336-984-3380
Mailing Address: 615 Mathis Farm Rd
Roaring River NC 28669
Physical Address:
Facility Status: ❑ Compliant ❑ Not Compliant
Integrator:
Location of Farm:
Latitude: 36° 08' Longitude:
80' 59' 08"
Farm Location: 421 north to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left.
Question Areas:
Otherlssues
Certified Operator:
Operator Certification Number:
Secondary OIC(s):
On -Sits Representatives): Name
Title Phone
24 hour contact name Steve Mathis
Phone: [phone]
Primary Inspector: Michael ephe
Phone:
Inspector Signature:
Date:
Secondary Inspectors):
Inspection Summary:
On 03/18/2015 Michael Shepherd of the WSRO-DWR received a complaint of an uncovered stockpile of poultry litter on land
owned by ASJ Mathis Farm, Mr. Shepherd contacted Mr. Luke Mathis of ASJ Farms on 03/18/2015 and Mr. Mathis stated that he
thought the pile was covered but that the wind might have blown the cover off and that he will ride over there and check it out to
make sure, but stated that he had intentions to spread the pile in the upcoming weeks. On 03/20/2015 Michael Shepherd and
Melissa, Rosebrock both of WSRO-DWR went to the location and observed one large pile of uncovered litter. The pile looked to
have been located at the site for a length of time uncovered. There was no smell observed and the pile looked to be well
composted or mixed with some other bedding. There was leachate surrounding the pile but it looked contained and not entering
any body of water. The pile was highly decomposed with only a few feathers noted and contained an earthy smell. There was no
tarp on site that could have been potentially covering the pile as Mr. Mathis stated. ASJ Mathis Farms was notified that they must
have the pile covered or removed by 04104/2015.
page: 1

Permit: AWD970002 Owner -Facility : Steve Mathis Facility Number: 970002
Inspection Date: 03/20/15 Inppection Type: Compliance Inspection Reason for Visit: Complaint
Other Issues
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates?
29. Al the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Other
If Other,'please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/Inspector fail to discuss reviewlinspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
0
Yes No Na No
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
■❑❑❑
❑ M ❑ ❑
❑ ❑ ❑
page: 2

Shepherd, Michael D
From: Luke Mathis <[e-mail]>
Sent: Friday, March 20, 2015 3:21 PM
To: Shepherd, Michael D
Subject: Re: Poultry Litter Pile on Chatham Rd.
The pile will be covered today, Thanks
On Mar 20, 2015, at 2:40 FM, Shepherd, Michael D <michael.shepherd rz ncdenr.ov_> wrote:
A5J Mathis Farms,
The Division of Water resources has received a complaint from anonymous caller about a pile of chicken
litter on land in which the ASJ Farm owns. I spoke with Luke Mathis on Wednesday (03/18/2015) about
this concern and he thought the pile was covered but stated he would go check on it. I visited the site
this morning (03/20/2015) an observed a single large pile of uncovered poultry litter. As you are aware
litter stock piles shall not be left uncovered for more than 15 days. The 15 day clock will start as of
today since it is the day that I observed the pile uncovered. This means the pile of litter must be
covered or land applied by 04/04/2015, 1 have attached the poultry requirements. If you have any
questions don't hesitate to call me.
Michael Shepherd, Environmental Specialist
NC DENR — Division of Water Resources
Water Quality Regional Operations Section
Winston-Salem Regional Office
450 W. Hanes Mill Road Suite 300
Winston-Salem, NC 27105
Main Phone [phone]
Direct Line [phone]
Fax [phone]
[e-mail]
Notice: Email correspondence to and from this address may be subject to the NC Records Law and may
be disclosed to third parties.
<Dry Litter Requirements 09-19-2014.doc>

ASJ Mathis Farms; 11 i
= Luke Mathis
� • L �.4
A.S.J. MATHIS FARMS, L.L.C.
619 Mathis Farm Road 615 Mahis I arm.Rd
Roaring River, NC 28669- ,, ' Roaring River,
X. STEVI: MA7l'HHS .JOHN M. MATInS .. a, NE
,_North CarolinC 28669
1-336.984.3380 - Farm 1-336-984-3380 - Farm
., 336-984-6533
336.984-3380
1.336-984.3783 - Fax [phone] - Fax � $>. � ' Ismathis@ nail com
1.336.984-3785 - Home 1-336.984-2440 - Home
[e-mail] [e-mail] :, ,,

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Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 970002 Facility Status: Closed permit: AWD970002 ❑ Denied Access
Inppection Type: Compliance Inspection
Inactive Or Closed Date:
Reason for Visit: Complaint County: Wilkes
Date of Visit. 03/20/2015 Entry Time: ' 10:00 am Exit Time: 10:30 am
Farm Name: ASJ Mathis Farm
Owner: Steve Mathis
Mailing Address: 615 Mathis Farm Rd
Physical Address:
Facility Status: ❑ Compliant ❑ Not Compliant Integrator:
Region:
Incident #
Owner Email:
Winston-Salem
Phone: [phone]
Roaring River NC 28669
Location of Farm: Latitude: 36' 08' Longitude: 80' 59' 08"
Farm Location: 421 north to Mathis Farm Road exit and turn left. Go 1 mile to Farm on left.
Question Areas:
Other issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Reprosentative(s): Name Title Phone
24 hour contact name Steve Mathis Phone : [phone]
Primary Inspector: Michael Shepherd Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
On 03/1812015 Michael Shepherd of the WSRO-DWR received a complaint of an uncovered stockpile of poultry litter on land
owned by ASJ Mathis Farm. Mr. Shepherd contacted Mr. Luke Mathis of ASJ Farms on 03/18/2015 and Mr. Mathis stated that he
thought the pile was covered but that the wind might have blown the cover off and that he will ride over there and check it out to
make sure, but stated that he had intentions to spread the pile in the upcoming weeks. On 03/20/2015 Michael Shepherd and
Melissa- Rosebrock both of WSRO-DWR went to the location and observed one large pile of uncovered litter. The pile looked to
have been located at the site for a length of time uncovered. There was no smell observed and the pile looked to be well
composted or mixed with some other bedding. There was leachate surrounding the pile but it looked contained and not entering
any body of water. The pile was highly decomposed with only a few feathers noted and contained an earthy smell. There was no
tarp on site that could have been potentially covering the pile as Mr. Mathis stated. ASJ Mathis Farms was notified that they must
have the pile covered or removed by 04/0412015.
page: 1

Permit: AWD970002 Owner - Facility : Steve Mathis Facility Number: 970002
Inspection Date: 03/20/15 Inpsection Type: Compliance Inspection Reason for Visit: Complaint
Other Issues
2& Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon 1 Storage Pond
Other
If Other,'please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/[ nspecto r fail to discuss review/inspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Yes No Na Ne
❑❑❑■
❑■❑❑
❑❑❑■
❑❑❑■
■❑❑❑
page: 2

3/1912015 450 W Hanes Mill Rd to Chatham Rd, Ronda, NC 2%70 - Google Maps
GOOSIE! - Drive 39.9 miles, 56 min
Directions from 450 W Hanes Mill Rd to Chatham Rd
• col � �f � � -_ _. tirl
slat Rd - -}k I f' PVnnecle - 3
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i
67 706a[M4V�Ne vet MP41"IH Ir'`'.
Chatham Rd 57 min "
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-k-P:1 A y,, _ 1, •1..i ! �..._J -t�'7 ^ „M I A. _
o 450 W Hanes Mill Rd
Winston-Salem, NC 27105
Take NC-67 W to Valley Rd in Jonesville
33.0 m} / 42 min
t 1. Head southwest on W Hanes Mill Rd
0.2 mi
t . 2. Continue straight onto Bethania Station Rd
0.5 mi
h 3. ' Turn left to stay on Bethania Station Rd
0.3 mi
1* 4. Turn right onto Shattalon Dr
2.5 mi
f# 5. Turn right onto NC-67 W/Reynolda Rd
Continue to follow NC-67 W
29.5 mi
Take Swan Creek Bypass W to Swan Creek
Rd
2.5mi/4min
https:/Mww,google.corn/maps/d ri450+West+Hanes+Mill+Road,+Winslor�-Salem+NC138.2103874,-80,92-9'32251@36.217t227; 80,7869964,16238m1am=tldat.,. 1/2

450 W Hams Mill Rd to Chatham Rd, Ronda, NC 28M- Googie Maps
3/19=15
'7 6.. Turn left onto Valley Rd
— 1.0 mi
t 7. Continue onto Swan Creek Bypass W
-- 1.5 mi
Turn left onto Swan Creek Rd
~ 161 ft/10s
Continue on Bethel Rd. Drive to State Rd
2304 in New Castle
4.4mi/9min
1* 9. Turn right onto Bethel Rd
10-- 11
t 10. Continue onto Armstrong Rd
0.4 mi
t 11. Continue onto Bethel Rd
2.3 mi
rO' 12. Turn right onto State Rd 2304/Chatham
Rd
® Continue to follow State Rd 2304
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projects, traffic, weather, or other events may cause conditions to differ from the map
results, and you should plan your route accordingly. You must obey all signs or notices
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https:llwww.google.comlmapsldl r1450+West+Hanes+M ill+Road,+Winston-Salem,+N C136.2103874,-80.92932251@36.2176227,-80.7869984,16238mlam=tldat... 2/2

Shepherd, Michael D
From: Rosebrock, Melissa
Sent: Tuesday, March 17, 2015 8:24 AM
To: Mitchell, Patrick; Shepherd, Michael D
Subject: RE: Wilkes County complaint
FYI ---I was just able to check voicemail yesterday and Bill Davis did indeed leave me'a message on 3/16/15 at 10:15am.
All he said was "I am calling to report a violation" and gave his name and number ... no location or what type of violation
he was reporting.
M e,(.i, ROS, . or k., Ewvi roYn.vwe vita. SpeGi.0 k44-
NCDENR-Division of Water Resources
WQ Regional Operations Section
Winston-Salem Regional Office, 450 Hanes Mill Road, Ste. 300, Winston-Salem, NC 27105
Main [phone]; Direct [phone]; FAX [phone]
For spills or discharges after hours or on weekends call the Emergency Response.Center at 1-800-858-0368.
From: Mitchell, Patrick
Sent: Tuesday, March 17, 2015 8:14 AM
To: Shepherd, Michael D
Cc:.Rosebrock, Melissa
Subject: Wilkes County complaint
Shep,
I accidentally deleted the voicemail from the caller in Wilkes, and can't retrieve it. Thank goodness I jotted down his info
as I listened to the message. Below is what I have.
Caller: Bill Davis, (left me the voicemail yesterday)
Phone: cell- 336-957-0019, home- 336-984-3119
Complaint: He said there is uncovered poultry litter piles that have been in place since last Fall. He said he is located
near Rhonda, NC. He did not indicate in his message if he wanted to remain anonymous or not.
Sorry, that's all I have. I am sure he will fill you in.
Patrick L. Mitchell, REHS, LSS
Water Quality Regional Operations Section
Division of Water Resources
NC Department of Environment & Natural Resources
Winston-Salem Regional Office
NEW Address:
450 W Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
NEW Phone: [phone]
Mobile: [phone]
NEW Fax: [phone]
E-mail correspondence to and from this address may be subject to the !North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.

o of Water Resources
Incident Report P
Report Number: 201500439
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Incident Type: Complaint
On -Site Contact:
Category APS - Animal
First/Mid/Last Name
Incident Started : 03/16/2015
Company Name
Country : Wilkes
Phone
City:
Pager/Mobile Phone:
1
Farm # :
Responsible Party:
Owner
Reported By
Permit :
First/Mid/Last Name:
Facility
Company Name
First Name :
Address
Middle Name:
Last Name
City/State/Zip :
Address
Phone
Page/Mobile Phone:
/
City/State/Zip ;
Phone
Material Category:
Estimated Qty: UOM:
Chemical Name
DD:MM:SS Decimal
Position Method
Latitude :
36' 12' 37" 36.210300
Position Accuracy:
Longtitude :
-80° 55' 44"-80.929000
Position Datum;
Location of Incident:
Chatham Rd
Address :
Chatham Rd
City/StatelZip :
Ronda
NC 28670
Reportable Qty.lbs. Reportable Qty.kgs.
Unknown
Unknown
Unknown
Report Created 4110/15 1:36 pm Page: 1

Cause/Observation :
Directions :
Complainant stated that when the wind was right, they smell chicken
litter and have noticed an uncovered pile of chicken litter all winter
near their house on Chatham Rd.
Action Taken :
On 03118/2015 Michael Shepherd of the WSRO-DWR contacted Mr.
Luke Mathis of ASJ Farms who owns the land where is litter pile in
question is located. Mr. Luke Mathis stated that he thought the pile
was covered but that the wind might have blown it off and that he will
ride over there and check it out to make sure, but stated that he had
intentions to spread the pile in the up coming weeks. On 03/20121016
Michael Shepherd and Melissa Rosebrock both of WSRO-DWR went
to the location and observed one large pile of uncovered litter. The
pile looked to have been located there was a length of time
uncovered. There was no smell observed and the pile looked to be
well composted or mixed with some other bedding. There was
leachate surrounding the pile but it looked contained and not entering
any body of water. The pile was highly decomposed with only a few
feathers noted and contained an earthy smell. ASJ Mathis Farms
was notified that they must have the pile covered or removed by
04104/2015. On 04/08/2015 a follow-up site visit was conducted to
determine if the stockpile of poultry litter had been covered. Once on
site it was determined the pile of poultry litter was not covered and
ASJ Mathis Farm was in violation, A small tarp was found lying next
to the stockpile, but the tarp was significantly undersized to be able to
cover the litter pile. Also there was no anchoring devices to hold a
tarp in place if was attempted to be covered indicating that not good
faith effort was made to cover the stockpile. There was no sign that
any additional poultry litter had been added to the stockpile since the
initial site visit on 03/18/2015, Multiple phone calls were place on
04/08 and 04/09/2015 to Steve Mathis, John Mathis and Luke Mathis'
home, cell and farm office numbers with no answers or return phone
calls from message left on Steve Mathis home phone answering
machine.
Incident Questions:
Did the Material reach the surface Water? No
Surface Water Name ?
Did the Spill result in a Fish Kill? Unknown
Travel south out of Ronda on Clingman Rd. After crossing over the
Yadkin River turn left on Chatham Rd. Travel 0.5 miles on Chatham
Rd and pile is located on the left.
Comments:
A pile of uncovered litter was located on 03/2012015, On 04/08/201 E
the pile was still uncovered and found to be in violation of the 15 day
limit for uncovered pile of poultry litter.
Conveyance:
Estimated Number of fish?
If the Spill was from a storage tank indicate type : (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft
Unknown
Groundwater Impacted : Unknown
Report Created 4110/15 1:3$ pm Page: 2

Event Type
Event Date Due Date
Comment
Incident closed
Requested Additional Information
Inspection or Site Visit Conducted
2015/04/08
10:45:00
Other type of Response
2015/03/20
3:21:00
Received email from Luke
Report Entered
2015/03/20
12:40:00
Phone call
2015/03/18
2:30:00
Talked to Luke Mathis
Referred to Regional Office - Primary Contact
2015/03/17
8:00:00
Incident Start
2015/03/16
10:15:00
Report Received
2015/03/16
10:15:00
Standard Agencies Notified
Agency Name Phone
First Name
M.I. Last Name
Contact Date'
Other Agencies Notified :
Agency Name Phone First Name M.I. Last Name Contact Date
DWO Information:
Report Taken By:
Patrick Mitchell
Phone:
DatelTi me: 2015/03/16 10:15:OOAM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Entered gy: Regional Contact:
michael shepherd michael shepherd
2015/03/20 12:40:OOPM 2015/03/17 08:00:OOAM
email
Report Created 4110/15 1:36 pm Page: 3