CLARAS MILLIS_MISC_20171231

• Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleco H. Sullins, Deputy Director
Division of Water Quality
August 21, 2008
Mr. Al Davis
PO Box 1299
Graham, NC 27253
SUBJECT: Correspondence to Ms. Millis Regarding Equine Water Quality Complaint
Alamance County
Dear Mr. Davis,
Per your phone request of August 19, 2008 please find attached a copy of the correspondence sent
by the Winston-Salem Regional Office's Division of Water Quality (WSRO-DWQ) to Ms. Millis in response
to our complaint investigation of July 3, 2008. Should you have any questions or need further assistance,
please feel free to contact me at [phone].
Sincerely, ,
Melissa Rosebrock
Environmental Specialist, Winston-Salem Regional Office
cc: WSRO Facility Files
o"` rCaro ina
N.C. Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: [phone] Fax: [phone]
Customer Service l(800) 623-7748

Michael F. Easley, Governor
TF9 • William G. Ross Jr., Secretary
OG North Carolina Department of Environment and Natural Resources
y Alan W. Klimek, P.E., Director
Q Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL # 7004 2510 0002 2067 0008
RETURN RECEIPT REQUESTED
Ms'#Clara S. Mir Ili" s==1
2923 Knoll Trail
Graham, NC 27253
SUBJECT: Millis Property, Parcel ID #8882-82-5546
Alar man"�c e.County
Dear Ms. Millis:
August 8, 2008
As you are aware, staff of the Division of Water Quality's Winston-Salem Regional Office (DWQ-
WSRO) visited your equine facility located off Knoll Trail on July 3, 2008 in response to a complaint alleging
the run-off of sediment and animal waste from your property into waters of the State. This correspondence
is to follow-up on the water quality issues discussed with Ms. Rosebrock (DWQ-WSRO) the following week.
Visual observations indicate that on July 3, 2008:
• Approximately 13-14 horses and colts were grazing on about five acres (maximum) of
denuded and overgrazed pasture.
• About 17 goats were grazing on the neighbor's pasture directly upstream of your fresh
water pond.
• Your freshwater pond dam (-12 foot high) was severely denuded and had several small
woody trees growing on the embankment. No slumping or seeping of the dam was
observed on the date of our investigation. Algal growth was observed on the pond's
surface.
• A flock of several Canada Geese were grazing on the remaining vegetation on your
property and had deposited a large amount of feces on land directly uphill from a
wetlandlditch area that flows from your property, through a culvert under the gravel road,
and into the Davis' 0.60-acre (estimated) freshwater pond. There was no evidence of
aquatic plants in their pond but we did note surface algal growth.
• On the date of our investigation there was no flow from your property into the culvert.
Their pond had little to no outflow as well.
• No sludge worms were noted in the freshwater ditch. We did observe, however, an
excessive amount of fungal growth in the ditch on your property.
• Approximately 6 cubic yards of horse manure was stockpiled 106 feet uphill from the
Davis' pond and 174 feet uphill from the freshwater ditch. The stockpile was located 75
feet from the fence line. Staff did not observe evidence of any waste or sediment run-off
from your property on the date of our investigation.
N,pw, curol�a
,/Vl1lllP/l, y
N.C. Division of Water Quality 585 Waughtom Street Winston-Salem, NC 27107 Phone: (336) 771 A600 Fax: [phone]
Customer Service I(800) 623-7748

S. Millis
August 8, 2008
Page 2
While there were no apparent water quality violations observed on the date of our investigation,
there exists, the probability for future water quality violations, particularly during precipitation events and as
site conditions deteriorate. Please be aware, that the unpermitted discharge of animal waste into waters of
the State is a violation of North Carolina General Statute (NCGS) 143-215.1. Additionally, the 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. our office strongly recommends that you
Implement the following minimum corrective actions as soon as possible to reduce the potential for
sediment and animal waste runoff:
• Cut or remove the woody vegetation (trees) from the dam of the freshwater pond and
establish permanent vegetation (grass) on the embankment for structural stability.
• Reduce the equine population and/or establish rotational grazing so that the pasture can
be reestablished.
• Exclude equine animals from the wetland/ditch area.
• Remove and land -apply the stockpiled waste onto a receiving crop.
• Reduce or deter the Canada Geese population so that vegetation may be established.
I
Additionally, we urge your continued cooperation with the Alamance Soil and Water Conservation
District (SWCD) and support their recommendations of July 11, 2008. At the suggestion of the Alamance
SWCD, you may also wish to contact the Alamance County Cooperative Extension Service for assistance
regarding equine vegetation.
If you have any questions regarding this correspondence, please feel free to contact me at (336) ,
771-5289.
Sin rely,
Melissa Rosebrock
Environmental Specialist, Winston-Salem Regional Office
cc: Keith Larick- APS Animal Feeding Operations Unit
Alamanoe County SWCD/NRCS
DWO-APS Central Files
WSRO Facility Files

Follow Up Horse Complaint Alamance Couni, •
Subject: Follow Up Horse Complaint Alamance County
From: "Moore, Brad - Burlington, NC" <[e-mail]>
Date: Wed, 16 Jul 2008 08:44:35 -0500
To: <[e-mail]>
CC: "Phil Ross" <[e-mail]>, "walker, wally - Burlington, NC"
<wal [e-mail]>
Hi Melissa,
Soil and water Technician Wally Walker and I met with Sherry Mills
at her farm in Graham on July llth, 2008 to discuss her situation after
your visit. We reinforced the ideas about woody vegetation control on
the pond dam, fencing out the pond from livestock and establishing
vegetation on her pastures. She seems to think that her poor stand of
vegetation is a lack of fertilizer and drought. Although these things do
not help vegetation stands we conveyed to Ms. Mills that most of her
problem was having to many animals for the grazing area. She stated she
will be selling some horses soon but will still have almost twice the
recommended amount of animals per acre of pasture. We spoke about
grazing plans, water systems and rotating animals and made the following
recommendations.
* Remove woody vegetation on pond dam
* Have sacrifice areas to help grazing pressure in pastures
* Concentrate on establishing and maintaining vegetation on pasture
below pond dam leading to the other property
* Fence out drainage area/wet area leading to culvert pipe to act as a
filter/buffer
* Recommended see seek assistance from Cooperative Extension for more
help on vegetation for Equine
Ms. Mills was very receptive to the ideas and thanked us for our
time.
Brad Moore
Alamance SWCD
■ Complete items 1, 2,'anci 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
1 so that we can return the card to you.
■ Attach4his card to the back of the mailpiece,
or on the front if space permits.
i1. ArticlerAddressed to:
I
Ms. Clara S. Mills
j. 2923 Knoll Trail
Graham, NC 27253
I
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❑ Agent
B. Received bj$l'rinted Name , C. Dat of Delivery
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delivery address different from item 1? ❑Yes enter delivery address below: ❑ No
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4. Restricted Delivery? (Extra Fee) ❑ Yes
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�PS- Form 3811, February 2004 Domestic Return Receipt �{���� D Y 02595-024-1540
1 of 1 7/21/2008 12:18 PM

RE: [Fwd: NCWRC Depradation Program]
subject: RE: [Fwd: NCWRC Depradation Program]
From: "Al Davis" <[e-mail]>
Date: Wed, 16 Jul 2008 08:56:49 -0400
To: <[e-mail]>
Ms. Rosebrock,
Thank you for taking time to come out and take a look at our situation. I wish I could get you to take
another look during a heavy rain. As Ms.Millis property above our pond and is bowl shaped, it really
funnels the water and creates a lot of run off, especially now that there is a lot of exposed topsoil. We
are getting considerable horse waste and erosion flushing through the fence during heavy rain. I think
you would see my frustration were you here in a pouring rain. You can see the silt/waste flush into our
pond when this happens.
I agree with you that the geese are a big problem as well. I tried to explain to her (a year ago) that the 30
- 60 birds routinely on her pasture are eating every bit of young grass as it comes up. I am amazed out
how quickly geese can strip a field. I train waterfowl retrievers and own a Jack Russell that is trained
to chase birds off. Last year, Ms. Millis asked me to keep him off her property as "she likes watching the
birds" and "is afraid he will hurt them". I can't for the life of me understand this given her need for
grazing grass.
I am friends with several Wildlife Resource Commission officers. Lieutenant Todd Kennedy tells me that
the land owner is the only one that can apply for a depredation permit. As she won't even wave as I pass
by now (thanks to my complaint), it is doubtful that she would allow me on her property to eradicate
nuisance birds. I think it best that you request/instruct her to deal with the issues. I wouldn't want the
liability of shooting around her horses....
I do have a few questions:
Is she going to remove the manure pile?
Is there any follow up planned to verify that she is complying with your recommended actions?
If so, what time frame?
If she doesn't comply what happens?
My cell number is 336-51676231. Should you decide to come out again I would be happy to meet with
you. Please do not hesitate to call me if you would like to discuss or update.
Thanks again for your help!
Regards,
Allan Davis
[e-mail]
www.allfabsolutions.com
AIIFab Solutions, Inc. Phone [phone] ext. 3204
PO Box 1299 Fax [phone]
778 Woody Dr.
Graham, NC 27253
1 of 2 7/21/2008 12:20 PM

RE: [Fwd: NCWRC Depradation Program] •
•
From: Melissa Rosebrock [maiIto: Melissa. [e-mail]]
Sent: Thursday, July 10, 2008 3:20 PM
To: Al Davis
Cc: Bill Woods; Paul Walker; Phil Ross; Rick Bailey
Subject: [Fwd: NCWRC Depradation Program]
Mr. Davis,
When I spoke with your wife, I mentioned the possibility of obtaining a depradation permit for
controlling the geese.
See links below.
Sincerely,
Melissa Rosebrock
------- Original Message--------
Subject:NCWRC Depradation Program
Date:Thu, 03 Jul 2008 15:53:02 -0400
From:Mike Mickey <Mike.Mickeyno,ncmail.net>
Organization:NC DENR - Winston-Salem Regional Office
To:Melissa Rosebrock <Melissa.Rosebrock n ncmail.net>
The WRC has a program for nuisance wildlife control. In some instances the landowner can get
permission to take deer, Canada Geese, etc., out of season. The following links may help.
http://www.ces.ncsu.edu/nreos/wild/ df/wildlife/wildlife damage class.pdf
http://www.ncwildlife.org/pg06 CoexistingWildlife/pg6bl.htm
Mike Mickey
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Main Office: [phone]
Voice: [phone]
FAX: [phone]
Melissa Rosebrock
Environmental Specialist
NC DENR Winston-Salem Regional Office
Division of Water Quality - Aquifer Protection Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
2 of 2 7/21/2008 12:20 PM

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Horse Complaint
Subject: Horse Complaint
From: Melissa Rosebrock <[e-mail]>
Date: Thu, 10 Jul 2008 14:11:48 -0400
To: [e-mail], Rick Bailey <[e-mail]>
CC: Phil Ross <[e-mail]>, Bill Woods <[e-mail]>,
Paul Walker <[e-mail]>
Mr. Davis,
Please forgive me for following -up by email. I spend much of my time on the road
and in areas not always accessible by cell phone! Email, unfortunately, often
becomes the most efficient means of communication.
I've attached a copy of my complaint investigation report that has been entered
into our statewide database for the Division of Water Quality. I have also copied
the staff in Alamance County Natural Resources Conservation Service/Soil and Water
Conservation District/Extension in case Ms. Millis requests their assistance.
As you'll note, I have spoken with Ms. Millis (and your wife, who was very nice!)
regarding our findings and will also send Ms. Millis written correspondence. My
hope is that she will heed the warning and address our concerns before conditions
deteriorate into actual statute/standard violations.
If you have additional questions or need further assistance please don't hesitate
to contact me.
With kind regards,
Melissa Rosebrock
Melissa Rosebrock
Environmental Specialist
NC DENR Winston-Salem Regional Office
Division of Water Quality - Aquifer Protection Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
lMillis Horse Complaint Alamance County.pd Content -Type: application/pdf1
Content -Encoding: base64
I of 1 7/14/2009 10-01 AM

[Fwd: NCWRC Depradation Program] • •
Subject: [Fwd: NCWRC Depradation Program]
From: Melissa Rosebrock <[e-mail]>
Date: Thu, 10 Jul 2008 15:19:44 -0400
To: [e-mail]
CC: Bill Woods <[e-mail]>, Paul Walker <[e-mail]>, Phil Ross
<soilandwater@alamance-nc,com>, Rick Bailey <[e-mail]>
Mr. Davis,
When I spoke with your wife, I mentioned the possibility of obtaining a depradation permit for
controlling the geese.
See links below.
Sincerely,
Melissa Rosebrock
•------- Original Message--------
Subject:NCWRC Depradation Program
Date:Thu, 03 Jul 2008 15:53:02 -0400
From:Mike Mickey <Mike.Mickey(a,ncmail.net>
Organization:NC DENR - Winston-Salem Regional Office
To: Melissa Rosebrock<MeliSsa.ROSebrock(a)ncmail.net>
The WRC has a program for nuisance wildlife control. In some instances the landowner can get
permission to take deer, Canada Geese, etc., out of season. The following links may help.
http://www.ces.ncsu.edu/nreos/wild/pdf/wildlife/wildlife damage class.pdf
http://www.ncwildlife.org/pg06 CoexistingWildlife/pg6bl.htm
Mike Mickey
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Main Office: [phone]
Voice: [phone]
FAX: [phone]
Melissa Rosebrock
Environmental Specialist
NC DENR Winston-Salem Regional Office
Division of Water Quality - Aquifer Protection Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
I of 1 1 7/14/2009 10:03 AM

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