760061_CORRESPONDENCE_20171231

• ' NC Department of "t* • PAT MCCRORY
- Environmental Quality
Received "° co emar
x• 1 SEP 26 2016 " DONALD R. VAN DER VAART
' Winston-Salem r') Secmary
Water Resources Ji S. JAY ZIMMERMAN
jtq
ENVIRONMENTAL QUALITY r~.c, Regional Office
+ Director
September 21, 2016
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Tommy Welch
TBW Cattle
PO Box 310
Sophia, NC27350-7350
Subject: Notice of Violation/Notice of Intent to Enforce
TBW Cattle
Permit Number: AWC760061
Randolph County
Dear Permittee,
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated
July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility
has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
OutstandingFee $
2015PR004856
6/7/2015
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty
(30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more
than $25,000 per day per violation against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is
imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone. [phone]
-contd-
State of North Carolina I Environmental Quality I Water Reaourcee/Water Quality Regional operations
1636 Mail aervice Center I Raleigh, North Carolina 27699-1636
919 807 6464

alileap lsln�u,: •^ ,imt
hnvi9r:A
Please be advised that nothing in this Metter should be taken as removing from you the
responsibility or liability for failure io comply with `any State Rule, State Statue or permitting
requirements. If you have any questions concerning.this'Notice, please contact the Animal Feeding
Operations Program staff at (919) 807=6464 0b (9L9);,707 9129.
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWC760061)

NC Department of
Environmental Quality
Received
Water Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tommy Welch
TBW Cattle
PO Box 310
Sophia, NC27350-7350
Dear Permittee,
JUL 11 2016
Winston-Salem
Regional Office
July 8, 2016
"' • PAT MCCRORY
covemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Notice of Deficiency
TBW Cattle
Permit Number AWC760061
Randolph County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2015PR004856
6/7/2015
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-cona-
State of North Carolina I Environmental Quality l Water Resourcm/Water Quality Regional Operations
1636 M,Iil sorviec Ccutcr [ Raleigh, NoNr Caroliim 27699-1636
919 807 6464

n
pit
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone]:
Sincerely,
D .t J
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWC760061)

Rosebrock, Melissa
From: Blackwood, Randy - NRCS, Asheboro, NC <[e-mail]>
Sent: Thursday, November 12, 2015 11:15 AM
To: Rosebrock, Melissa
Subject: RE: Welch Inspection
Melissa,
The certifications are printed and scattered on a number of documents — messy to copy and provide. The easiest way is
to provide you the dates each item was certified by the engineer and the item could be paid for. If you do need the actual
documents let me know and I'll figure something out.
In no particular order:
Pump —7/31/13
Critical Area Planting (around tank and drains)—10/16/2012
Waste Storage Facility (concrete tank) — 9/6/12
Waste Transfer (pipe for waste) — 9/6/12
Roof runoff (gutter on barn)—8/27/12
Underground outlet (big drain pipe(s) between barns)—8/27/12
Waste Transfer (concrete ramp for trucks)—8/27/12
Grade Stabilization Structure (drainage boxes between barns) — 8/27/12
Waste Storage Facility (drystack) — 12/9/10
Heavy Use Area — (concrete apron for drystack) — 12/9/10
Hope this helps.
From: Rosebrock, Melissa [mailto:[e-mail]]
Sent: Tuesday, November 10, 2015 3:48 PM
To: Blackwood, Randy - NRCS, Asheboro, NC <[e-mail]>
Subject: Welch Inspection
Please see attached. Also, do you have copies of the certifications for installations that you could send to me?
Trying to locate a "built date" and need the cert pages for my files. Thank you!
Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa. rosebrock(cDncdenr. oov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105

Nothing Compares. ;: . rM
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

6. SURFACE WATER CLASSIFICATION:
This form must be completed by the appropriate DWR regional office and included as a part of the
project submittal information.
INSTRUCTIONS TO NC PROFESSIONALS:
The classification of the downslope surface waters (the surface waters that any overflow from the facility would flow toward) in
which this animal waste management system will be operated must be determined by the appropriate DWR regional office.
Therefore, you are required, prior to submittal of the application package, to submit this form, with items I through 6
completed, to the appropriate Division of Water Resources Regional Aquifer Protection Supervisor (see page 6 of 10). At a
minimum, you must include an 8.5" by I V copy of the portion of a 7.5 minute USGS Topographic Map which shows the
location of this animal waste application system and the downslope surface waters in which they will be located. Identify the
closest downslope surface waters on the attached map copy. Once the regional office has completed the classification,
reincorporate this completed page and the topographic map into the complete application form and submit the
application package.
6.1 Farm Name: TBW Cattle
6.2 Name & complete address of engineering firm:
Telephone number: (_) _ -
6.3 Name of closest downslope surface waters: Caraway Creek
6.4 County(ies) where the animal waste management system and surface waters are located: Randolph
6.5 Map name and date: Randleman, N. C. 1970. Photorevised 1981.
6.6 NC Professional's Seal (If appropriate), Signature, and Date:
TO: REGIONAL AQUIFER PROTECTION SUPERVISOR
Please provide me with the classification of the watershed where this animal waste management facility will be or has been
constructed or field located, as identified on the attached map segment(s):
Name of surface waters: Caraway Creek, Yadkin -Pee Dee River Basin
Classification (as established by the Environmental Management Commission): Class C
Proposed classification, if applicable: Not applijable
Signature of regional office personnel -A 1. '1 Date: July]], 2014
(All attachments must be signed)
FORM: AWO-STATE-G-N/E 1/10/06 Page 4 of 5

YADKIN RIVER BASIN
Name of Stream Subbasin Stream Index Number Map Number Class
Cane Creek
YAD11
13-17-4-2-1
F15NES
C
Canebreak Branch
YAD14
13-17-40-19
GISSW4
C
Cape Fear Branch
YAD16
13-40-2
H19NE8
C
Capples Pond and Gibsons Millpond
YAD16
13-39-6-2
H2ONW2
WS-III
Caraway Creek
YAD09
13-2-3
D19NW8
C
Carolina Creek
YAD14
13-17-40-5
H17SW3
WS-V
Carroll Branch
YADO1
12-24-8-1-3
C12NE5
C;Tr,ORW
Carter Creek
YAD02
12-93
D17NW3
C
Cartledge Creek
YAD16
13-35
G19SEB
C
Cattail Creek
YAD09
13-2-19-2
F19NW7
WS-IV
Cattail Creek
YAD08
13-8-1
F18SE5
WS-IV
Caudill Branch
YADOI
12-46-2-2-2
B14NW9
C;Tr,ORW
Caudle Branch
YAD14
13-17-40-16-2
G17SE9
C
Cedar Branch
YAD14
13-17-35
G17NE6
C
Cedar Branch
YAD14
13-17-40-7
H17NW9
WS-V
Cedar Branch
YAD14
13-17-40-20
G18SWB
C
Cedar Branch
YAD15
13-25-31-1
F19SW9
C
Cedar Branch
YAD15
13-25-32-1
G19NW2
C
Cedar Creek
YADOS
12-102-13-(2)
C16SE9
C
Cedar Creek
YAD08
12-125-(1)
E18SW4
WS-IV
Cedar Creek
YAD08
12-125-(2)
E18SW4
WS-IV;CA
Cedar Creek
YADO9
13-2-23
F19NW7
WS-IV
Cedar Creek
YADOS
13-12-(1)
GISNW3
WS-IV
Cedar Creek
YAD08
13-12-(2)
G1BNW3
WS-IV;CA
Cedar Creek
YAD10
13-21
H18NE3
C
Cedar Creek
YAD15
13-25-22
F19SE2
C
Cedar Creek
YAD17
13-47-3
H18SW6
C
Cedar Creek, including proposed reservoir
YAD05
12-102-13-(1)
C16SE4
B
Cedar Fork Creek
YAD09
13-2-3-3-2
E19NE1
C
Chadric Creek
YAD02
12-62-5-1
B15NW6
B;Tr,ORW
Champ Creek
YAD03
12-72-5
A16SES
C
Cheatwocd Branch
YAD01
12-46-4-10-1-2
B14SE3
C
Cheek Creek
YAD15
13-25-36
F19SE9
C
Chestnut Branch
YADO1
12-24-7
C12NE6
B;Tr,ORW
Childs Branch
YAD17
13-42-2-2-1
H18NW9
C
Chinkapin Creek
YAD14
13-17-36-9-5-(0.3)
G16SE3
WS-III
Chinkapin Creek
YAD14
13-17-36-9-5-(0.7)
G17SW4
WS-III;CA
Chinquapin Creek
YAD03
12-72-14-3
B17NW7
WS-II;HQW
Chinquapin Creek
YAD05
12-102-6
C16SE7
C
Chock Creek (Gibson Pond)
YAD16
13-39-6
H2ONE4
WS-III
Christian Creek (North Fork Mitchell River)
YAD02
12-62-8
B15NW3
B;Tr,ORW
Church Baruch
YADO1
12-42-4
014SW4
C
Church Branch
YADO1
12-17
C12SE9
C;Tr
Church Creek
YAD04
12-115.5
E17SW3
C
Clarke Creek
YADil
13-17-4
F15NE9
C
Clarks Creek
YAD10
13-16
F18SE6
C
Clarks Creek
YAD11
13-17-5-2
F15SE3
C
Clay Creek
YAD17
13-47-1
H17SE5
C
Clear Branch
YADO1
12-24-5
C12NE2
B;Tr,ORW
Clear Branch
YAD01
12-40-2-3
B13SE4
WS-II;Tr,HQW
Clear Creek
YAD11
13-17-8-4-1
F16SW9
C
Clear Creek
YAD12
13-17-17
G16NW6
C
Clercy Branch
YAD06
12-108-16-2-3
C15NW7
WS-III
Page 5
of 28
2013-12-19 11:17:52

RE: Tommy Welch
Blackwood, Randy - NRCS, Asheboro,
Sent:Thursday, April 18, 2013 4:45 PM
To: Rosebrock, Melissa
NC [[e-mail]]
No, that's what I heard to. As to the pump not sure about — he had bought a big pto pump for his tractor
(used so no c/s) and Otto was using his honey wagon to spread. They were going to put fence up around
the tank today which gets everything in compliance. When/if the new pump comes in and gets installed that
will complete the work and we can finally get all his designs and 'as-builts' sent in to 1.R for final approval.
From: Rosebrock, Melissa[mailto:[e-mail]]
Sent: Thursday, April 18, 2013 2:44 PM
To: Blackwood, Randy - NRCS, Asheboro, NC
Subject: Tommy Welch
Randy,
Spoke with Tommy a few minutes ago and he said that he is only waiting on the pump and that he
sent a check 3 weeks ago and sent an email this week. Said his check has not cleared. He also said
he was using another dairy farmer's pump (yikes! I did not want to hear that!).
Anyways, he also said he spoke with you ---think he yesterday. Did you get any other info?
Melissa Rosebrock
E-mail Address: melissa [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterau alitv.ora
E-mail correspondence to and from this address maybesubject to the
North Carolina Public Records Law and may be disclosed to third parties.
This electronic message contains information generated by the USDA solely for the intended
recipients. Any unauthorized interception of this message or the use or disclosure of the information it
contains may violate the law and subject the violator to civil or criminal penalties. If you believe you
have received this message in error, please notify the sender and delete the email immediately.

Rosebrock, Melissa • •
From: Blackwood, Randy - NRCS, Asheboro, NC [Randy. [e-mail]]
Sent: Tuesday, January 15, 2013 4:29 PM
To: Rosebrock, Melissa
Subject: RE: Application for permit?
Waiting on pump and installation.
From: Rosebrock, Melissa[mailto:melissa.rosebrockCalncdenr.gov]
Sent: Tuesday, January 15, 2013 4:16 PM
To: Blackwood, Randy - NRCS, Asheboro, NC; Tommy Welch
Cc: Joshi, J.R.
Subject: Application for permit?
Hey folks,
Just wanted to follow-up and see where you were on the CAWMP and permit application submittal. Let me know if
you have questions or need assistance.
Thanks!
Melissa
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterguality.org
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Low and may be disclosed to third parties.
This electronic message contains information generated by the USDA solely for the intended recipients. Any
unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and
subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify
the sender and delete the email immediately.

Melissa
From: TBW CATTLE [[e-mail]]
Sent: Thursday, June 07, 2012 7:09 PM
To: Rosebrock, Melissa
Subject: Re: Welch Facility #76-61 Randolph County
what is the case in december i have never heard of it??
----- Original Message -----
From: "Rosebrock, Melissa" <melissa.rosebrockoncdenr.gov>
To: "Larick, Keith" <keith.larick(@ncdenr.gov>
Cc: "Tommy Welch" <tbwcattleonorthstate.net>; "Randy Blackwood"
<randy.blackwoodonc.usda.gov>; "Joshi, J.R." <iaya.ioshi(@ncdenr.gov>; "Mitchell,
Patrick" <Patrick.Mitchell0NCDENR.eov>; "Lin Taylor"
<Lin.Taylor(@nc.usda.gov>; "Knight, Sherri" <sherri.knight(@ncdenr.gov>
Sent: Thursday, June 07, 2012 3:16 PM
Subject: Welch Facility #76-61 Randolph County
Keith,
I visited the Welch Livestock facility this morning to follow-up on inquiries regarding
construction, permit application, etc. This was an unannounced visit to document any
ongoing environmental impacts from the confined animal feeding operation.
I must say, while DWQ has not yet received a completed permit application, the facility
has made considerable improvements since our last visit. The attached photos depict:
1) a junction box to collect freshwater and disperse it over rip -rap (called an energy
dissipater?) prior to entering the stream;
2) newly constructed barn and paddocks for confining the cattle; and 3) a concrete
structure in which the cattle truck wash water is to be collected and stored prior to
re -use or land application. It is expected that all construction will be completed
within just a few weeks and that the completed permit application will then be
submitted to DWQ for review. Note that the Cost Share deadline is August 2012.
The facility has continued to stock cattle above the 100 cow threshold since 2009.
However, my suggestion is that we close case NOV-2011-OP-0023 (dated December 15, 2011)
after the permit has successfully been issued and not pursue enforcement action at this
time since there was no evidence of manure in the stream today. I believe that DWQ and
Mr. Welch would be best served if money were spent towards completing the construction
rather than on a Civil Penalty.
Please contact me if you need additional information or clarification.
Melissa
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2

Rosebrock, Melissa
From: Larick, Keith
Sent: Wednesday, April 18, 2012 8:25 AM
To: Rosebrock, Melissa
Subject: FW: Woody and Welch NOV's
Attachments: WSRO.pdf
Just to follow up, the Welch NOV was sent in December, and he received it on 12/19/2011. He did not respond to the
NOV. So I would feel comfortable going straight to enforcement if he is still operation and above threshold.
The Woody NOV was sent in June, so there is a timeliness issue with any enforcement at this point (Ted will likely have
an issue with the 4 months on Welch, but I can deal with that). Also, we don't have a green card from the NOV, so I just
dropped the ball all around on this one. if you can confirm that he is still operating at over 100 cattle, we can send one
more NOV with a 30-day deadline, and actually follow up quickly with enforcement from there.
Thanks,
Keith
Please Note my new phone number EFFECTIVE JANUARY 9, 2012: (919)
807-6444
----------------------------
Keith Larick
Supervisor, Animal Feeding Operations Unit
[phone] phone
[phone] fax
www.ncwaterguality.org
----------------------------
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: Joshi, J.R.
Sent: Tuesday, April 17, 2012 1:54 PM
To: Rosebrock, Melissa
Cc: Larick, Keith
Subject: Woody and Welch NOVs
Melissa,
Attached please find copies of the NOV/NOls for the Woody and Welch farms in your region. Both were given an option
to either apply for permit with complete application with supporting documentation or drop permanently below
threshold animal numbers. Woody letter went out on June 16, 2011 and Welch letter on December 15, 2011. 1 have a
green card for Welch but not for Woody. However, we did receive a manure storage pit design from Larry Graham on
behalf of Mr. Wood on August 2, 2011. Nothing else was received from either one of them since.
In order for us to go ahead with further process and stay current with the status of these cases, Keith and I thought
maybe you can do fresh site visits to these places to confirm/verify that they have not gone below threshold
permanently. We will then follow-up with another NOI with a shorter deadline.
Please call if we need to discuss this further. Thanks.

• s
1. X Joski
NC-DENR Division of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, NC 27699-1636
Phone: [phone], Fax: [phone]
DISCLAIMER., E-mails sent to and from this account are subject to the N. C. Public Records Law.

Rosebrock, Melissa
From: Joshi, J.R.
Sent: Tuesday, April 17, 2012 1:54 PM
To: Rosebrock, Melissa
Cc: Larick, Keith
Subject: Woody and Welch NOVs
Attachments: WSRO.pdf
Melissa,
Attached please find copies of the NOV/NOls for the Woody and Welch farms in your region. Both were given an option
to either apply for permit with complete application with supporting documentation or drop permanently below
threshold animal numbers. Woody letter went out on June 16, 2011 and Welch letter on December 15, 2011. 1 have a
green card for Welch but not for Woody. However, we did receive a manure storage pit design from Larry Graham on
behalf of Mr. Wood on August 2, 2011. Nothing else was received from either one of them since.
In order for us to go ahead with further process and stay current with the status of these cases, Keith and I thought
maybe you can do fresh site visits to these places to confirm/verify that they have not gone below threshold
permanently. We will then follow-up with another N01 with a shorter deadline.
Please call if we need to discuss this further. Thanks.
,tc,t
9. P, Joshi
NC-DENR Division of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, NC 27699.1636
Phone: [phone], Fax: [phone]
DISCLAIMER: E-mails sent to and from this account are subject to the N.C. Public Records Law.

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Govemor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
December 15, 2011
CERTIFIED MAIL N NR
RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0173 8797 DEC 19 2011
Winston Sa
TommyWelch lem
Regional woe
Welch Livestock
3601 Millikin Road
Sophia, NC 27350
SUBJECT: Notice of Violation/Notice of Intent to Enforce
NOV-2011-OP-6023
Welch Livestock
Facility No.: 76-61
Randolph County
Dear Mr. Welch:
On February 25, 2010, in accordance with G.S. 143-215.10C, you were notified to apply for coverage
under an Animal Waste Operation Individual Permit. You were then given sixty (60) days to submit a
completed application and all supporting documentation. Since then we have only received an incomplete
permit application with much of the supporting documentation missing. You have been operating the
facility without a valid permit or certificate of coverage under one of the general permits.
Violation 1:
As a result of the above mentioned items, you are in continuing violation of N.C. General Statute 143-
215.10C, which requires all animal operations with more than 100 confined cattle to obtain permit
coverage.
Required Corrective Action for Violation 1:
This violation must be corrected within thirty (30) days of receipt of this letter. This violation can be
corrected in one of two ways:
Option 1: Submit a complete permit application to my attention at the address at the bottom of
this page. Please refer to Page 2 of 5 of the permit application for a list of required items. A
blank permit application is attached to this Notice. Submittal of an incomplete permit application
will not correct this violation.
Option 2: Permanently reduce the number of confined cattle at your farm to less than 100. As
stated above, N.C. General Statute 143-215.1OC requires permit coverage of all animal operations
with more than 100 confined cattle. If you reduce the number of cattle to less than 100, you will
no longer be subject to the permit requirement as long as the number of confined cattle remains
below an annual average of 100 head.
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capral Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588; FAX 2: 919-715-60461 Customer Service: 1-877-623-6748
Internet: www tuawateraualitv.ono
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Naturally

Mr. Tommy Welch
December 15, 2011
Page 2 of 2
You are required to take necessary action to correct the above noted violation, and submit a written
response to this Notice within 30 days of receipt of this letter. Please include in your response all
corrective actions taken and a schedule for completion of any corrective actions already taken.
As a result of the violations in this Notice, this office is considering recommendation of a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violation cited,
or if you believe there are other factors which should be considered, please send such information to me
in writing within 30 days of receipt of this letter. Your response will be reviewed, and, if an enforcement
action is still deemed appropriate, it will be forwarded to the Director and included for consideration.
Please be advised that operation of your facility without coverage under a valid general permit constitutes
a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per
day.
If you have any questions, please call J. R. Joshi at [phone].
Sincerely,
?,
Keith Larick, Supervisor
Animal Feeding Operations Unit
Enclosures
cc: Winston .Salem Regional Office -Aquifer Protection Section
Randy Blackwood, Randolph County NRCS
APS Central Files (Facility No. 76-61)

Rosebrock, Melissa
From: Joshi, J.R.
Sent: Friday, October 15. 2010 7:17 AM
To: Taylor, Lin - Salisbury, INC
Cc: Rosebrock, Melissa; Larick, Keith; Christine Blanton Lawson
Subject: RE: Freeboard
Lin,
We have reviewed your documents and discussed if any additional storage is needed under item (g) on page 313-3 of
the Waste Storage Facility Standards for the proposed concrete tank. Because this is a truck wash facility and you have
better control over the volume of water entering this structure, we concur with your assessment that no additional
storage is required under item (g) for this structure.
Please let me know if you have any further questions.
Thanks
From: Taylor, Lin - Salisbury, NC [mailto:Lin Taylor(conc.usda.govl
Sent: Friday, October 08, 2010 11:24 AM
To: Joshi, J.R.
Cc: Malton, Jill - Salisbury, INC
Subject: RE: Freeboard
II 7
We are using and referencing the same version for Practice Standard 313 dated February 2009. 1 have attached the
planned output for the concrete tank and have lettered the sections of volume shown on printout and their
corresponding letter in the standard under Design Storage Volume starting on page 313-2 and continuing on page 313-
3. 1 hope this provides a clearer picture of our plan.
I have also attached a copy of a drawing for the tank that will be adapted for our use in North Carolina for the structural
design of the tank. This drawing allows for backfill heights at the tank of 2-5 feet. I have not completed my design, but
am planning on trying to fit with 3 feet backfill which will have 5 feet of wall above ground.
We are using the 750 foot setback, but landowner has requested and received an exception to the rule approved by
ASTC-FO with concurrence by the State Conservation Engineer as per the standard.
Thanks for your assistance, and if you have any other questions, please let me know.
From: Josh!, J.R. (mailto•iava toshiC ncdenr.a111 ov1
Sent: Thursday, October 07, 2010 2:06 PM
To: Taylor, Lin - Salisbury, INC
Subject: RE: Freeboard
Lin,
I think the references in your message refer to the older version of Code 313. 1 probably have the latest version and have
attached it for your reference here. And, while I wait for everyone's input, there are a couple of things that I would like
to request for clarity:

1. A cross -sectional view ofthe
concrete tank showing depths and positi*n relation to the ground (above or
below ground and by how much).
2. The setbacks (buffers) you plan to have 300 ft or 750).
We probably have everyone's inputs by Monday.
Thanks!
From: Taylor, Lin - Salisbury, NC[mailto:Lin.Tavlor(cbnc.usda.gov1
Sent: Wednesday, September 29, 2010 3:17 PM
To: Joshi, J.R.
Cc: Malton, Jill - Salisbury, NC; Blackwood, Randy - Asheboro, NC; Ruch, Terri - RALEIGH, NC
Subject: Freeboard
Jaya,
NRCS is working on a design for an operation to be permitted in Randolph County. This is an existing cattle operation
that has not been permitted before but is being required to obtain permit. One unique aspect of this operation is cattle
are hauled to other locations and states using Tractor Trailers. Once the trailers are on the headquarters site they are
washed out using a high volume pump and hose that is reduced at the outlet end to create higher pressure and lower
volume. The water is presently flowing to a small pond constructed by the operator to store and land apply. The
volume of this pond is very small and will not meet any standards we are using. To replace this pond we are proposing
using a concrete pad with curbing that flows to a collection and solid separation area and then liquid is piped to a
concrete storagetank (uncovered). We have run some preliminary numbers @ 120 day storage to size the Concrete
Tank but have a question. Based on NRCS Practice Code 313 — Waste Storage Facility, we are including volumes for
items (a-f) on pages 313-2 and 313-3 of the standard. Based on the additional criteria for fabricated structures on page
313-7 of the practice standard, there is not a requirement for 1 foot of additional freeboard as is required for an
embankment unless it is to meet item (g) on page 313-3 as may be required to meet regulatory requirements. I am not
aware of any additional regulatory requirements, but wanted to run this by the animal permitting section to make sure.
The start pump elevation in tank will allow storage for the 25 year, 24 hour precipitation event.
If you would provide me an answer to the freeboard question, it will be greatly appreciated. If you have any questions,
please contact me. Thanks for your assistance in this matter.
Lin Taylor
Civil Engineering Technician
Salisbury, North Carolina
704-637-2400 - office
704-754-2175 - cell
lin.tavlor ,nc.usda.ov

Rosebrock, Melissa
From:
Larick, Keith
Sent:
Thursday, October 14, 2010 4:40 PM
To:
Rosebrock, Melissa; Joshi, J.R.; Christine Blanton Lawson
Subject:
RE: Freeboard
Melissa,
We discussed this, and I think we are all in agreement with you. They do have much more control over influent flow than
a typical animal operation.
JR, if I am not remembering that right let me know.
Keith
From: Rosebrock, Melissa
Sent: Thursday, October 14, 2010 3:32 PM
To: Joshi, J.R.; Larick, Keith; Christine Blanton Lawson
Subject: RE: Freeboard
In reviewing the submitted documentation I'm inclined to not require additional storage ("g" in the standard).
As 1R and I have talked, this structure is for truck washing and the flow of waste CAN be halted if need -be.
Anyone else?
Melissa Rosebrock
Melissa. Rose b rock@ N CD E N R.gov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterguality.org
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.
From: Joshi, J.R.
Sent: Monday, October 11, 2010 12:46 PM
To: Larick, Keith; Christine Blanton Lawson
Cc: Rosebrock, Melissa
Subject: FW: Freeboard
More on the Concrete tank....
From: Taylor, Lin - Salisbury, NC [mailto:[e-mail]]
Sent: Friday, October 08, 2010 11:24 AM
To: Joshi, J.R.
Cc: Malton, Jill - Salisbury, NC
Subject: RE: Freeboard
J.R.

We are using and referencing the same version for Practice Standard 313 dated February 2009. 1 have attached the
planned output for the concrete tank and have lettered the sections of volume shown on printout and their
corresponding letter in the standard under Design Storage Volume starting on page 313-2 and continuing on page 313-
3. 1 hope this provides a clearer picture of our plan.
I have also attached a copy of a drawing for the tank that will be adapted for our use in North Carolina for the structural
design of the tank. This drawing allows for backfill heights at the tank of 2-5 feet. I have not completed my design, but
am planning on trying to fit with 3 feet backfill which will have 5 feet of wall above ground.
We are using the 750 foot setback, but landowner has requested and received an exception to the rule approved by
ASTC-FO with concurrence by the State Conservation Engineer as per the standard.
Thanks for your assistance, and if you have any other questions, please let me know.
From: Joshi, J.R. [mailto:[e-mail]]
Sent: Thursday, October 07, 2010 2:06 PM
To: Taylor, Lin - Salisbury, NC
Subject: RE: Freeboard
Lin,
I think the references in your message refer to the older version of Code 313. 1 probably have the latest version and have
attached it for your reference here. And, while I wait for everyone's input, there are a couple of things that I would like
to request for clarity:
1. A cross -sectional view of the concrete tank showing depths and position in relation to the ground (above or
below ground and by how much).
2. The setbacks (buffers) you plan to have 300 ft or 750).
We probably have everyone's inputs by Monday.
Thanks!
_...------------
From: Taylor, Lin - Salisbury, NC [mailto:[e-mail]]
Sent: Wednesday, September 29, 2010 3:17 PM
To: Joshi, J.R.
Cc: Malton, Jill - Salisbury, NC; Blackwood, Randy - Asheboro, NC; Ruch, Terri - RALEIGH, NC
Subject: Freeboard
Jaya,
NRCS is working on a design for an operation to be permitted in Randolph County. This is an existing cattle operation
that has not been permitted before but is being required to obtain permit. One unique aspect of this operation is cattle
are hauled to other locations and states using Tractor Trailers. Once the trailers are on the headquarters site they are
washed out using a high volume pump and hose that is reduced at the outlet end to create higher pressure and lower
volume. The water is presently flowing to a small pond constructed by the operator to store and land apply. The
volume of this pond is very small and will not meet any standards we are using. To replace this pond we are proposing
using a concrete pad with curbing that flows to a collection and solid separation area and then liquid is piped to a
concrete storagetank (uncovered). We have run some preliminary numbers @ 120 day storage to size the Concrete
Tank but have a question. Based on NRCS Practice Code 313 — Waste Storage Facility, we are including volumes for

items (a-f) on pages 313-2 and 313-3 o0e standard. Based on the additional criteria for fabricated structures on page
313-7 of the practice standard, there is not a requirement for 1 foot of additional freeboard as is required for an
embankment unless it is to meet item (g) on page 313-3 as may be required to meet regulatory requirements. I am not
aware of any additional regulatory requirements, but wanted to run this by the animal permitting section to make sure.
The start pump elevation in tank will allow storage for the 25 year, 24 hour precipitation event.
If you would provide me an answer to the freeboard question, it will be greatly appreciated. If you have any questions,
please contact me. Thanks for your assistance in this matter.
Lin Taylor
Civil Engineering Technician
Salisbury, North Carolina
704-637-2400 - office
704-754-2175 - cell
lin.iaylor rilnc.usda.gov

0
Rosebrock, Melissa
From: Joshi, J.R.
Sent: Tuesday, October 05, 2010 9:48 AM
To: Larick, Keith; Christine Blanton Lawson; Wade, Larry; Garoma, Miressa
Cc: Rosebrock, Melissa
Subject: FW: Freeboard Requirements
Please see the email message below and see if you have any inputs to their question. I can't get hold of a copy of the
313 stds but if I understand correctly they want to see if they are required to have additional 1 ft freeboard in a
uncovered concrete tank as with most other storage ponds?
From: Taylor, Lin - Salisbury, NC [mailto:[e-mail]]
Sent: Wednesday, September 29, 2010 3:17 PM
To: Joshi, J.R.
Cc: Malton, Jill - Salisbury, NC; Blackwood, Randy - Asheboro, NC; Ruch, Terri - RALEIGH, NC
Subject: Freeboard
Jaya,
NRCS is working on a design for an operation to be permitted in Randolph County. This is an existing cattle operation
that has not been permitted before but is being required to obtain permit. One unique aspect of this operation is cattle
are hauled to other locations and states using Tractor Trailers. Once the trailers are on the headquarters site they are
washed out using a high volume pump and hose that is reduced at the outlet end to create higher pressure and lower
volume. The water is presently flowing to a small pond constructed by the operator to store and land apply. The
volume of this pond is very small and will not meet any standards we are using. To replace this pond we are proposing
using a concrete pad with curbing that flows to a collection and solid separation area and then liquid is piped to a
concrete storagetank (uncovered). We have run some preliminary numbers @ 120 day storage to size the Concrete
Tank but have a question. Based on NRCS Practice Code 313 — Waste Storage Facility, we are including volumes for
items (a-f) on pages 313-2 and 313-3 of the standard. Based on the additional criteria for fabricated structures on page
313-7 of the practice standard, there is not a requirement for 1 foot of additional freeboard as is required for an
embankment unless it is to meet item (g) on page 313-3 as may be required to meet regulatory requirements. I am not
aware of any additional regulatory requirements, but wanted to run this by the animal permitting section to make sure.
The start pump elevation in tank will allow storage for the 25 year, 24 hour precipitation event.
If you would provide me an answer to the freeboard question, it will be greatly appreciated. If you have any questions,
please contact me. Thanks for your assistance in this matter. Jb/ 7 JD
Lin Taylor g
Civil Engineering Technician 7/ F/G C�Cw
Salisbury, Carolina / Q
704--2400 00 -ffi office
704-754754-2175 -cell
lin.taylor(alnc.usda.gov � ,�, „/ „✓ � ,/.,- ��

0
•
HCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins _
Dee Freeman
Governor Director
RECEIVED Secretary
N.C. Dept of ENR
MAR 0 2 2010 `
February 25, 2010
y inston-Salem
I
Regional Oface
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7003 1010 0001 2611 4797
Tommy Welch
Welch Livestock
3601 Millikin Rd
Sophia, NC 27350
RE: Permit application for Welch Livestock
Facility # 76-61
Randolph County
Dear Mr. Welch:
You are hereby notified that Welch Livestock, in accordance with G.S. 143-215.1 OC, must apply
for coverage under an Animal Waste Operationllndividual-1?ermit. Upon receipt of this letter, your
facility has sixty (60) days to submit the attached application and all supporting documentation. In
accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any
owner or operator who fails to submit an application by the date specified by the Department
SHALL NOT OPERATE the animal waste system after the specified date. Your application must be
returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may
also subject your facility to a civil penalty and other enforcement actions for each day the facility is
operated following the due date of the application.
The attached application has been partially completed using information on file. If any of the
general or operation information listed is incorrect please make corrections as noted on the application
before returning the application package. The signed original application, one copy of the signed
application, two copies of a general location map, and two copies of the Certified Animal Waste
Management Plan must be returned to complete the application package. The completed package should
be sent to the following address:
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Loation: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-05B8: FAX [phone] A Customer Service: 1-E77.623.6748
Internet: w .navatergualiiv.org
Nne
orthCarolina
Natimallff
An Ecual Oprwnunily \ Affirmative C.ction'emolovei

Tommy Welch .
February 25, 2010
Page 2
Cl
If you have any questions concerning this letter, please call me at [phone] or
Melissa Rosebrock of the Winston-Salem Regional Office at [phone].
Sincerely,
Keith Larick
Animal Feeding Operations Unit
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)

Rosebrock, Melissa
From:
Blackwood, Randy - Asheboro, INC [Randy. [e-mail]]
Sent:
Wednesday, January 06, 2010 10:12 AM
To:
Joshi, J.R.
Cc:
Rosebrock, Melissa; Taylor, Lin - Salisbury, INC
Subject:
Application for 76-61
Attachments:
Welch_application.pdf
Mr. Joshi;
Attached is the application for Tommy Welch - 76-61 with all the information we can fill out to this point. As Melissa
mentioned, we (NRCS) are working through policy issues regarding stocker operations and until that is resolved we
cannot move Mr. Welch's designs forward. I will keep Melissa in the loop as she has been working closely with Mr.
Welch and myself to get this issue resolved in as timely a manner as possible. Please let me know If you have
additional questions regarding this application.
Randy Blackwood
NRCS - Asheboro FO
847 Curry Dr.
Asheboro, INC 27205
Phone: [phone] ext 3

State�o'f'Nortli Carolina
Department of Environment.and Natural Resources,
Division of WaterQual►ty
It In
AnimaLFegding,Operations Permlt Application Form
(THIS FORMMAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
State General Permit;— New, or Expanding Animal. Waste Operations
1. GENERAL INFORMATION;
1.1 Facility name:'I'BW,Cattle
1.2 Print Land Owner's name: Tommy Welch
1.3 Mailing address: P.O. Box 310
City, State: Sophia, NC Zip: 27350
Telephone number (include area code): ( 336) 382 —2549 - cell _
1.4 Physical address: 3601 Millikan Rd
City, State: Sophia, NC Zip: 27350
..,Telephone number (include area code): same as above
1.5 County where facility is located: Randolph '
1.6 Facility location (directions from nearest major highway, using SR'numbers'for state roads): From Hwy 220 Bypass, take
Hwy 311 north aprox. 2.5 miles., Millikan Rd is;on left. Operation in located at end of Millikan Rd (dead-end) on right
1.7 Farm Manager's name (if different from Land Owner): same
1.8 Lessee's / Integrator'sname (if applicable; circle which type is-listed):rN/A,
1.9 Facility's original start-up date: 1978 Date(s) of facility expansion(s) (if applicable): 2000
2. OPERATION INFORMATION:
2.1 Facility number: 76-61
2.2 Operation Description:
Please enter the Design Capacity of the system. The "No. of Animals" should be the maximum number for which the waste
management structures were designed.
Type of Swine No. of Animals
Type of Poultry No. of Animals
Tyne of Cattle No. of Animals
❑ Wean to Feeder
❑ Layer
❑ Beef Brood Cow
❑ Feeder to Finish
❑ Non -Layer
❑ Beef Feeder
❑ Farrow toWean '(#sow) _
❑Turkey`X
Beef Stocker Calf 450
❑.Farrow to Feeder (# sow) _
❑ Turkey Poults
_ ❑ Dairy Calf
❑ Farrow to Finish (# sow) -
❑ Dairy Heifer -
❑ Wean to. Finish:(# sow)
-
❑ Dry;Cow
❑ Gilts
❑ Milk Cow
❑ Boar/Stud
❑ Other Type of Livestock on the farm:
FORM: AWO-STATE-G-N/E 1110/06'
No. of Animals:
Page 1 'of 5

2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application
system): _ Required Acreage (as listed in the CAWMP): _
2.4 Number of lagoons: 0 Total`Capacity (cubic feet): _ Required Capacity (cubic feet):..
Number of Storage Ponds: 0 TotalCapacity (cubic feet): Required Capacity (cubic feet):
2.5 Are subsurface drains present within 100' of any of the application fields? NO
2.6 Are subsurface drains present in the vicinity or under the waste management system? NO
2.7 Does this facility meet all applicable siting requirements? YES
3. REQUIRED ITEMS CHECKLIST: ALL WORK PENDING AT TIIIS TIME - 11/1 MOW'
Please indicate that you have included the following required items by signing your initials in the space provided,next to each
item.
Applicants Initials
3.1 One completed and ':signed original'and two copies of the application for State General Permit-
, Animal Waste Operations;.
3.2 Three copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is land applied and a county road map with the location of the
facility indicated;
3.3 Three copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility
does not have a CAWMP, it must be completed prior to submittal of a permit application for
animal waste operations.
The CAWMP must include the following components. Some of these components may not have been required at the time
the facility was certified but should be added to the CAWMP for permitting purposes:
3.3.1 NRCS Site Evaluation Form NC-CPA-17 or equivalent
3.3.2 A hazard classification of the proposed lagoons, if required
3.3.3 Documentation that proposed swine facilities meet the Swine Farm Siting Act, including asste map prepared by
a Registered Land Surveyor. The scale of this map shall not exceed I inch = 400 feet. At a minimum, the site
map shall show the distance from the proposed houses and lagoons to occupiedresidences within 1500 feet,
schools, hospitals, churches, outdoor recreational facilities, national parks,. state parks, historic properties, or
child care centers within 2500 feet, property boundaries within 500 feet, water supply wells within 500 feet.
The map shall also show the location of any property boundaries and perennial streams or rivers located within"
75 feet of waste application areas.-
3.3.4 Documentation showing that all adjoining property owners, all property owners who own property located
across a public road, street, or highway from the facility, the local health department, and the county manager
or chair of the county board of commissioners if there is no county manager,have been notified by certified
mail of your intent to construct or expand a swine farm at this location.
3.3.5 A wetlands determination
3.3.6 The lagoon/storage facility design
3.3.7 Proposed runoff control measures, if required
3.3.8 Irrigation or other land application method design
3.3.9 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and
utilized by the facility
3.3,10 The soil series present on every waste disposal field
3.3.11 The crops grown on every waste disposal field
3.3.12 The Realistic Yield Expectation (RYE) for every crop shown in the WUP
3.3.13 The PAN applied to every waste disposal field
3.3.14 The waste application windows for every crop utilized in the WUP
3.3.15 The required NRCS Standard specifications
FORM: AWO-STATE-G-N/E 1/10/06 1 Page 2 of 5 .

4.
1,
3.3.16 Emergency Action Plan '
3.3.17 Insect Control Checklist with options noted
3.3.1 S Odor Control Checklist with options noted
3.3.19MortalityControUChecklist with:optionsnoted
3.3.26 Documentation proving this facility is exempt from the Moritoria on Construction or
Expansion of Swine Farms, if the application is for a swine facility
3.3.21 A map showing the topography of the proposed facility location showing features
that affect facility design, the dimensions and elevations of any existing facilities,
the fields used forwaste application, and areas where surface runoff is to be
controlled'
If your CAWMP includes any components not shown on this list, please include the additional components with your
submittal. (Composting, waste transfers, etc.) '
APPLICANT'S CERTIFICATION:
(Land Owner's name listed in question 1.2), attest that
this application for - 77jp/ Ca 4-1( (Facility name listed in question 1,1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned tome as incomplete.,
Signatu
Date //- /L. - 0 2
5. MANAGER'S' CERTIFICATION: (complete only if different from the Land Owner) ' , •
1, (Manager's name listed in question 1.6), attest that this
application for (Facility name listed in question 1.1).
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
AQUIFER PROTECTION SECTION
ANIMAL FEEDING OPERATIONS UNIT
1636 MAIL SERVICE•CENTER
RALEIGH, NORTH CAROLINA 27699-1636
TELEPHONE NUMBER: [phone]
FAX NUMBER: [phone]
FORM: AWO-STATE-G-N/E 1/10/06 Page 3 of 5

Rosebrock, Melissa
From:
Rosebrock, Melissa
Sent:
Wednesday, January 06. 2010 9:49 AM
To:
Joshi, J.R.
Cc:
Blackwood, Randy
Subject:
RE:76-61
1 R,
I've ask Randy Blackwood to send you whatever he has as far as an application and to write "Design and WUP Pending"
on the application.
I also spoke with the NRCS engineer (Salisbury office -Lynn Taylor 704.637.2400) who is working with Tommy Welch and
it seems that there is some current policy issues within NRCS in Raleigh regarding stocker operations and the type of
assistance that can be provided. Assuming Lynn gets the go-ahead the design and WUP can then be completed and
submitted.
I'll keep you posted.
Melissa
Melissa Rosebrock
Environmental Specialist
DENR- Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
Please note: my e-mail address has changed to melissa rosehrockO( ncdenr.gov
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and mcry he disclosed to third parties.
From: Joshi, J.R.
Sent: Wednesday, January 06, 2010 9:15 AM
To: Rosebrock, Melissa
Subject: 76-61
1 can't the permit application for this facility either in MIBS or in any of our inboxes, unless it's on its way in the mail....
saa
1.9 Joshi
NC-DENR Division of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
Phone: [phone], Fax: [phone]
New email address: lavadoshiAncdenr.00v
DISCLAIMER: All a -mails sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties.

NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 13, 2009
CERTIFIED MAIL - #7006 2150 0003 5467 4347
RETURN RECEIPT REQUESTED
Tommy Welch
Welch Livestock
3601 Millikin Rd
Sophia, NC 27350
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 76-0061
Randolph County
File No. DV-2009-0024
Permit No. AWD760061
Dear Tommy Welch:
Natural Resources
Dee Freeman
Secretary
RECEIVED
N.C. Dept. of ENR
NOV 17 2009
Winston-Salem
Regional ice i
This letter transmits notice of a civil penalty assessed against Tommy Welch in the amount of
$4822.02, which includes $822.02 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
Miressa D Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0586 FAX 2: 919-715-60481 Customer Service: 1-677-623-6748
Internet .ncvateroualitv.oro
One.
North Carolina
Naturally
A,.:n,,M i`,, tmmin 1 Afirrr*,, Am,ri Fmninvnr

Page 2 .
Tommy Welch
November 13, 2009
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 Quality 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; i
(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 Quality will review your evidence and inform you of his 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 Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following, address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 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) 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 original and one (1) copy of the

Page 3 •
Tommy Welch
November 13, 2009
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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 [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Sherri Knight, Winston-Salem APS Regional Supervisor w/ attachments
Melissa Rosebrock, Winston-Salem APS Regional Office w/ attachments
File # DV-2009-0024 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

r�
u
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
TOMMY WELCH
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA WITHOUT
A PERMIT IN VIOLATION OF
N.C.G.S. 143-215.1(a)(1)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
CASE NO. DV 2009-0024
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, and the Director of the Division of Water Quality, I Theodore L. Bush, Jr.,
Chief of the Aquifer Protection Section, Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Tommy Welch owns and operates Welch Livestock, a beef cattle operation in
Randolph County.
B. Welch Livestock was deemed permitted as a non -discharge facility on February 1,
1993 in accordance with 15A NCAC 2H .0217.
C. North Carolina General Statute 143-215.1(a)(1) states that "No person shall do
any of the following things or carry out any of the following activities unless that
person has received a permit from the Commission and has complied with all
conditions set forth in the permit: Make any outlets into the waters of the State. "
D. On May 28, 2009 and June 2, 2009, DWQ staff from Winston-Salem Regional
Office visited Welch Livestock in response to a complaint. During the site visit,
DWQ staff observed the discharge of animal waste from the cattle trailer washing
and the animal waste stockpile area flowing downhill into waters of the State. The
unpermitted discharge occurred in an unnamed tributary to Caraway Creek, Class
C waters within the Yadkin River Basin.
E. Tommy Welch had no valid permit for the above -described activity.
F. DWQ responded by issuing the facility a Notice of Intent to Enforce on June 26,
2009 for the referenced discharge violation.

G. The cost to the State for the enforcement procedures in this matter totaled
$822.02.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Tommy Welch is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Caraway Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S.143-212(6).
C. The above -cited discharge caused by Tommy Welch constitutes making an outlet
to the waters of the State for the purposes of G.S. 143-215.1(a)(1), for which a
permit is required by G.S. 143-215.1.
D. Tommy Welch may be assessed civil penalties in this matter pursuant to G.S.
143-2156A(a)(2), which provides that a civil penalty of not more than twenty five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for and secures a permit required by G.S. 1437215.1.
E. The State's enforcement costs in this matter may be assessed against Tommy
Welch pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Tommy Welch is hereby assessed a civil penalty of:
��1/ o 0
$ ' 00 Q for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
S �OQ O b a TOTAL CIVIL PENALTY
$ 822.02 Enforcement Costs
$ 4 8 as °a TOTAL AMOUNT DUE

As required by G.S. 143-215.6A( c ), in determining the amount of penalty I have considered the
factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to public health or to
private property resulting from the violations;
(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;
(8) The cost to the State of the enforcement procedures.
( Date )
1 nGVLLVIG L. DUJli Jl., lilllul
Aquifer Protection Section
Division of Water Quality