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HomeMy WebLinkAbout760061_ENFORCEMENT_20171231*47 �; wl"W 4,t� k., ,� �, :, . .. �e `., .w. ,„� rI,y� ? �A `Q '_ {,i \... .'� � �"'� `� w � a'tl �., ...art v. No G� �.I PJ VI i !Li ��� �� �� � ���- � 1� t, J ww fm-�j . ,-- .,>r> ..� y. .� . ..�\�§:,... ..: ^� � �� `� � §� : �«, `� � ` \ / � ? . - ^ » \�°� � , � - \ .\®� � � � \�y �_�� � .� ± � �� - _ . } � \� \\/ ^^` `� ~ . . ., ��- : � «�% \©.. . .\gam � » ?. ¥,\ » z. ,: �y>\��� ,. -- --_ - _ � \ ��� y �� ��� � � , \�±»md«� ®.�: ��.:= �\ � .= %�«:����& rF- "Ry va Alf e, i 1 �3 NC® NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 8, 2010 Mr. Tommy Welch Welch Livestock 3601 Millikin Road Sophia, North Carolina 27350 RE: Acknowledgment of Receipt of Payment Case No. DV-2009-0024, Farm # 76-0061 Randolph County Dear Mr. Welch: Dee Freeman Secretary RECEIVED N.C. Dept of ENR APR 0 9 2010 Winston-Salem Regional office ThisIetter'is to acknowledge receipt -of your.checkNo. 7029.in the amount of $2822'.02 ow April 6, 2010., This payment satisfies in full the civil assessment in the amount of $2822:02 levied against Tommy, Welch and the case has been closed. If you have any questions, please call me at .. (919)715-6937: Sincerely,, - Mireissa�D. G°aroma - Animal'Feeding Operations Unit' cc: Sherri Knight, Winston-Salem APS Regional Supervisor File # DV-2009-0024' APS Central Files (AWD760061) AQUIFER PROTECTION SECTION 1636 Mail Service Center. Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-3221 1 FAX is 919-715-0568 FAX 2: 919-715.60481 Customer Service: 1.877-623-6748 Internet w w.ncwatereuality.om One NOrthCarol in a Naturally DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY August 7, 2009 MEMORANDUM: To: Keith Larick From: fi;Rerri Knight 5Wn' Melissa Rosebrock O,--- Subject: Recommendation for Civil Penalty Case # DV-2009-0024 Welch Livestock, AWD760061 Randolph County On May 28 and June 2, 2009 staff of the Winston-Salem Regional Office Division of Water Quality (WSRO-DWQ) visited Welch Livestock in response to a complaint alleging the mismanagement of animal waste. During our visits, staff observed the discharge of animal waste flowing approximately 490 to 590 feet downhill from the stockpiled animal waste and cattle truck washing areas, respectively, and into an unnamed tributary to Caraway Creek, class C waters of the State. Mr. Welch had no valid permit for the discharge. While there were no water quality standard violations detected during sampling, the presence. of numerous colonies of sludge worms, excess algae growth, and at least two inches of organic matter in, the surface water indicates that the unpermitted discharge had impacted both the UT as well as Caraway Creek itself. The contract lab supervisor suggested that the lack of expected fecal coliform bacteria could have been a result of the cleaner/disinfectant used in washing the cattle trucks. Our investigation also determined that this facility meets the criteria for an animal feedlot operation. We have provided the appropriate permit application materials to Mr. Welch, but do not wish to pursue enforcement against Mr. Welch for "operating an animal waste operation without obtaining a permit" at this time. Please find attached, documents supporting the Winston-Salem Regional Office's request for a civil penalty assessment against Tommy B. Welch, owner of Welch Livestock, for making an unpermitted discharge into waters of the State. We request that you initiate appropriate action from your office and forward the attached package to the Aquifer Protection Section Chief. The following items are being transmitted for your review: Welch Request for Civil Penalty August 7, 2009 Page 2 A) A completed "Findings and Decisions and Assessment of Civil Penalties." B) A completed "Water Quality Enforcement Case Assessment Factors." C) Most recent correspondence between violator and DWQ, including a copy of the "NOV/NOI letter" and a representative sampling of the abatement photos submitted by Mr. Welch. D) Photographs of the site taken by DWQ staff. E) Maps. F) Laboratory/Field Sample Results. Please contact Melissa Rosebrock in our office at (336) 771-5289 for any additional information you may need. Attachments cc: Winston-Salem Regional Office Facility Files APS Central Files Findings and Decisions and Assessment of Civil Penalties Attachment A STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF TOMMY WELCH FOR VIOLATION OF NCGS 143-215.l(a)(1) FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT E 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 by the Secretary of the Department of Environment and Natural Resources, I, Ted L.-Bush, Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Tommy Welch owns and operates Welch Livestock, a beef cattle operation located along Millikin Road in Randolph County. B. Welch Livestock was deemed permitted as a non -discharge facility on February 1, 1993 in accordance with Title 15A North Carolina Administrative Code (hereby known as N.C.A.C.) Subchapter 2H Section .0217 (15A NCAC 2H .0217). C. On May 28, 2009 and June 2, 2009, DWQ staff visited Welch Livestock in response to a complaint. During the May 28, 2009 site visit, DWQ staff observed the discharge of animal waste from the cattle trailer washing area flowing downhill into waters of the State. On June 2, 2009 DWQ staff observed the discharge of animal waste from the trailer washing area and the animal waste stockpile flowing into the same waters of the State. D. North Carolina General Statute (hereby known as G.S.) 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. " E. On June 26, 2009 DWQ issued a Notice of Violation/Notice of Intent to Enforce to Tommy Welch for the referenced discharge violation. The Notice of Violation was sent Certified Mail and received by Tommy Welch on June 30, 2009. The DWQ Winston-Salem Regional Office received Mr. Welch's response, including abatement photos, on July 27, 2009. F. The unpermitted discharge occurred in an unnamed tributary to Caraway Creek, Class C waters within the Yadkin River Basin. 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. Tommy Welch violated G.S. 143-215.1(a)(1) by making an unpermitted discharge into waters of the State. D. Tommy Welch 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 ($25,000.00) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. 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. 143B-282.1(b)(8). F. The Aquifer Protection Section Chief, pursuant to delegation from the Director, Division of Water Quality, and the Secretary of the Department of Environment and Natural Resources, 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: for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 822.02 Enforcement Costs TOTAL AMOUNT DUE Pursuant to 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 G.S. 14311- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) -The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (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 Tommy Welch in accordance with N.C.G.S. 143-215.6(A)(d). Date Ted L. Bush, Chief Aquifer Protection Section Division of Water Quality Assessment Factors Violator: Tommy Welch Owner: Tommy Welch 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 section of Caraway Creek that flows through the Welch Livestock property is a class C water of the State. There were no violations of the state's water quality standards, however, this office believes that the presence of numerous sludge worms, foam, excessive algae growth, odor, and two inches of waste and sediment in the streambed are clear indications that the discharge of animal waste from Mr. Welch's operation has adversely affected the water quality in Caraway Creek. Dissolved oxygen results indicate that on June 2, 2009 the DO was 7.60 mg/L (82.1 % saturation) upstream while the downstream DO was only 5.48 mg/L (56.7 %:saturation). Specific conductance was 149.2 [is/cm upstream while the downstream specific conductance was 201.3 µs/cm. While these results do not reveal any water quality standard violations, they (along with the nutrient results in Attachment F) do show that the unpermitted discharge of animal waste has had a negative impact upon the water quality in Caraway Creek. 2. The duration and gravity of the violations: The discharge of waste from either the solids stockpile or the truck wash area may have been occurring for at least a year. Mr. Welch stated that a "catch basin" or "hole" was dug a few years ago to contain the truck wash waste runoff and that he had last emptied the hole and land applied the waste sometime last year. Mr. Welch stated that he had not checked the catch basin since last year. At least two to three cattle trucks are washed each month. On June 2, 2009 DWQ inspectors observed that the catch basin or hole was full and that solids had previously been overflowing. Mr. Welch also stated that animal waste solids are stockpiled and land applied each year, in June or July. Leachate from the existing stockpile could have been discharging for a year or more. The total length of discharge was approximately 1,000 feet. Since the operation has been functioning as a beef cattle operation since the mid-1970s, it is possible that water quality violations could have been occurring for many years. 3. The effect on ground or surface water quantity or quality or on air quality: The effect of waste and sediment run-off from Welch Livestock has had an unknown effect on ground water thus far. The air quality appears to be similar to that of any other livestock operation within the WSRO area. 0 Assessment Factors Tommy Welch Page 2 The effect of possibly several years of noncompliance has had a direct impact on surface water quality. Visual observations document that sediment and waste has been flowing downhill from the solid stockpile and truck wash area into waters of the State. Evidence of several sludge worm colonies, excess algae, and approximately two inches of sediment and waste were observed in Caraway Creek. The uncontrolled access of cattle in and around Caraway Creek has also allowed the stream banks to become denuded and the stream channel to become eroded and undercut. 4. The cost of rectifying the damage: If Mr. Welch were to cease the truck washing activities, and either move or contain the solid animal waste with an earthen berm(s), his costs would be minimal. Cattle exclusion will still be necessary to maintain adequate stream buffers. The length of fencing has not yet been determined, but costs average $2.50 per linear foot. At least one stream crossing will be needed at a cost of $5,000-$6,000 each. These estimates are dependent, of course, upon how much of the work would need to be contracted and how much could be completed by the owner. 5. The amount of money saved by noncompliance: This operation has been determined to meet the criteria for a permitted cattle facility. Since the operation has been in business since 1976, Welch Livestock has avoided the $150-$160 annual fee for several years. Because this facility should have already been permitted, Mr. Welch has saved several thousand dollars by not constructing an NRCS waste storage structure or structures to contain the truck wash and solid animal wastes. The amount needed to achieve compliance would include the construction of a solid waste storage structure/dry stack ($40,000) as well as a liquid waste application system (minimum $15,000-20,000). The cost for a waste holding structure for the truck wash water is yet to be determined. Again, these estimates are dependent upon how much of the work must be contracted and how much could be completed by the owner. Mr. Welch may also need to acquire additional land (through purchase or lease) in order to address the land application requirements for the herd size he wishes to maintain. Land is approximately $4,000-8,000 per acre in this area of Randolph County. 0 Assessment Factors Tommy Welch Page 3 6. Whether the violation was committed willfully or intentionally: This office does not believe the discharge violation to be willful or intentional. Our investigation concludes that the violation was a result of negligence and poor and/or inadequate waste management practices. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: No previous Deficiencies or Violations documented. 8. The costs to the State of the enforcement procedures: Investigators — 5.5 hours field time - 8 hours enforcement time Samples —DWQ lab - Commercial Lab Sherri Knight - 1 hour for enforcement review Mileage — 166 miles @ 0.43 cents /mile Administrative Costs Total Cost 9. Type of Violator: $ 158.84 $ 231.04 $ 193.76 $ 32.00 $ 35.00 $ 71.38 $ 100.00 $ 822.02 Tommy Welch operates a 400-head beef cattle livestock operation. Cattle are brought in on a weekly basis and shipped out to various places in the mid -west depending upon demand. 0 Assessment Factors Tommy Welch Page 4 10. Violator's degree of cooperation (including efforts to restore) or recalcitrance: Mr. Welch readily allowed DWQ staff on the property and actively participated in the investigation. He was very pleasant while dealing with DWQ representatives. He requested the technical assistance of the Randolph County NRCS and participated in their June 9, 2009 on -site review and evaluations. 11. Mitigating factors: None 12. Assessment factors: A. IWC ---- NA B. Receiving Stream ----- Caraway Creek/Yadkin River Basin C. SOC/JOC--------- NA D. Copy of MP Screen ----- NA E. Copy of Limits Page ---- NA F. Damage ------ Discharge Violation Certification: I certify that the information in this report is true to the best of my knowledge. (Date) Principaf Investigator w� Y NC® NR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 26, 2009 CERTIFIED MAIL RETURN RECEIPT 7008 1300 0000 6359 0635 -411; r Mr. Tommy Welch I' we Livestock �cI:ii���lltl.�,1• � , • Natural Resources t`^ Sophia, NC 27350 SUBJECT: Notice of Violation/Notice of Intent to Enforce - Complaint Investigation NOV-2009-DV-0194'Per"mitn6mberAWD760061 �R dolph„Countyay Dear Mr. Welch, Dee Freeman Secretary As you know, Division of Water Quality (DWQ) staff from the Winston-Salem Regional Office visited your livestock facility on May 28, 2009 and again on June 2, 2009, The initial complaint concerned improper animal waste management in and around Caraway Creek. This letter is to summarize the water quality concerns and violations noted during our investigation. On May 28, 2009 DWQ staff observed the discharge of animal waste from the trailer washing area, flowing downhill and into a UT (unnamed tributary) to Caraway Creek, On June 2, 2009 staff observed animal waste discharging from the trailer wash area as well as the solid waste stockpile and flowing downhill into a UT to Caraway Creek. Numerous colonies of sludge worms were also observed in the surface water, both at the discharge point and 50-60 feet downstream from the discharge,. Approximately two inches of organic matter had also accumulated in the stream below the discharge. The unpermitted discharge of animal waste from the solid waste stockpile and trailer wash.area into waters of the State is a violation of North Carolina General Statute (NCGS)143.215.1. The enforcement remedies available to the Division for an unpermitted discharge include a civil penalty of up to $25,000.00 per day, per violation. Additionally, the section of Caraway Creek in question is classified as Class C waters of the State. NC Administrative Codes require that this section of the stream be protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. Winston-Salem Regional Office 585 Waughlown Street Winston-Salem, NO 27107 Phone: 336-771-50001 FAX: 336-771-4631 1 Customer Service: 1-877-623-6748 One. Internet: www.ncwaterqualily.org NOI'tthCarollilia An Equal Opportunity 1 Affirmative Action Employer NFLtltr` l/i/ Welch — NOVINOI June 26,2009 Page 2 Our investigation also revealed that 200-400 feeder/stocker cattle (on average) are confined, then loaded, and shipped from your facility each week. You indicated that two to three truckloads of cattle are shipped each week with each load transporting approximately 48,000 pounds of cattle. On June 2, 2009, staff observed at least 127 cattle being maintained on a feedlot located at the above address. North Carolina General.Stalute (NCGS) 143-215.10B defines a "feedlot" as: .. a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and either specifically designed as a confinement area in which animal waste may accumulate, or where the concentration of animals is such that an established vegetative cover cannot be maintained." The statute further describes a feedlot as a building or lot where animals are confined for 45 or more days, which may or may not be consecutive, within a twelve-month period. Per NCGS 143.215.10B and 143.215.10C, any agricultural farming activity involving 100 or more confined cattle is considered an "animal operation" requiring application. for coverage under a Cattle Waste Management System General Permit. To date, the Division has not received a permit application for Welch Livestock. This office is considering an enforcement action against Welch Livestock for the above referenced violations. If you have justification that these violations were caused by circumstances beyond your control, or have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. Your response should be sent to my attention at the address shown on the letterhead. The WSRO will review your response and forward it to the Director, along with the enforcement package, for consideration. In addition, upon receipt of this letter, you have sixty (60) days to submit the attached "State Application for New or Expanding Animal Waste Operations' and all supporting documentation. Please note that the application is to be completed using information from a Certified Animal Waste Management Plan (CAWMP). Should you need financial or technical assistance regarding the CAWMP, please contact the Randolph County Natural Resource Conservation Service office at (336) 629-4449. Once the application has been completed and signed, the original and two copies of the application must be returned (along with three copies of the entire CAWMP) to: North Carolina Division of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Please be aware that operation of your facility without coverage under a valid general permit constitutes a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. We urge your continued cooperation with the Randolph County Natural Resource Conservation •, • Welch — NOV/1101 June 26, 2009 Page 3 r, Service office. Staff may be contacted at (336) 629-4449 ext. 3 for any technical and/or financial assistance you may need in implementing corrective measures. If you have questions regarding this Notice, please contact Melissa Rosebrock or me at (336) 771-5000. cc: DWQ - APS Animal Feeding Operations Unit Randolph County SWCD/NRCS WSRO AP Facility Files ■ Complete Items 1, 2, and 3. Also completera. Item 4 If Restricted Delivery Is desired., ■ Print your name and address on the reverse }I so twe can return s Attach this cardtothe back of the mailpiece, or on the front it space permits. 1. ArtlCla Addressed to: i I Mr. Tommy Welch Welchlivestock V 3601 Millikin Road a Sophia, NC 27350 ('O Zi Sincerely, Sherri V. Knight Regional Aquifer Protection Supervisor A ❑ Agent ❑ Addr .. ate of Delivery D. Is delivery e6drass difreram from Rem 19 ❑ Y If YES, enter delivery address below: ❑ No 3. �S,a ice Type rCertified Mall ❑ Exprasy Mall Re9lstered ❑ Retum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. V V " V— /L 4 4. Restricted Deliver y? (Extra Feel 0 ❑ Yes d,Ilnln Alnmhm 7008 1300 0000 6359 0635 PS Form 3811 February 2004 � Domestic Return Receipt q r ` O( G ATTN: SHERRI KNIGHT RECENEC N.C. 4apt. of ENR JUL a 7 2005 REGARDING:COMPLAINT INVESTIGATION t Winston -Salo.. ReGIOF131 Oftioe I AM WRITING YOU CONCERNING THE COMPAINT THAT WAS MADE. SINCE THEN THERE HAS BEEN MANY CHANGES THAT I WOULD LIKE TO INFORM YOU ABOUT AND I ACTUALLY HAVE PICTURES THAT I HAVE TAKEN TO SHOW YOU. 1. RANDY BLACKWOOD HAS BEEN CONTACTED AND ACTUALLY CAME TO THE FARM, WITH HIS ENGINEERS TO DESIGN A WASTE PLAN. 2. THE BOTTOM OF THE STOCK PILE HAS BEEN CLEARED AND THE WOODEN MATERIALS HAVE BEEN REMOVED. 3. THERE WAS A DITCH CUT OUT AND BUILT UP TO DIRECT ANY RUN OFF FROM THE STOCK PILE STRAIGHT TO THE PIT. 4. THE PIT WAS CLEANED OUT DOWN TO HARD SURFACES. THE DAM OF THE PIT WAS BUILT UP TO PREVENT ANY RUN OFFS. 5. NO MACHINERY OR TRAILERS HAVE BEEN WASHED SINCE THE DAY THE INSPECTOR CAME TO THE FARM. PLEASE SEE THE ATTACHED PHOTOS THAT I HAVE TOOK. THANKS FOR YOUR TIME. WELCH LIVESTOCK e III, III � 1 111 II I In �I 1j I`� 11 II II II II I I u I``11'' ' %kR"Lt :'11 II II II III lu� i Ah q� t r w�'ir #� 4_1 Photos on pages 1-3 taken May 28, 2009 at Welch Livestock. Front, right, view of cattle truck washing area. Closer view of cattle truck washing area. Left, rear, view of cattle truck washing area. Tz - 'f h— 7e ki �. a� r y � e y L% ri � ' 0 Closer view of stockpiled animal waste solids. Beef cattle lots and paddocks. N Photos on pages 1-5 taken June 2, 2009 at Welch Livestock. Front view of cattle truck washing area. Rear view of cattle truck wash area. Liquid and solid animal waste drains here. Surface water located at bottom of hill. Stockpiled cattle waste. Animal waste flowing from truck wash area. n u C� Holding/feeding paddocks for beef cattle. Stockpiled cattle waste solids. Cattle truck washing area. Animal waste flowing downhill from stockpile and cattle truck wash area. 2 } VIM-: -: l y t�, ! i l 71 ��iY yJ �G. ,' h ' Laboratory and Field Sample Results Attachment F Laboratory and Field Sample Results Welch Livestock June 2, 2009 Upstream of Discharge I Fecal coliform = <1 col/100 mL 2 DO = 7.6 mg/L 3 pH = 6.30 4Turbidity 4.5 NTU NH3 = .02 mg/L TKN = 0.27 mg/L NO2+NO3= 0.23 mg/L Total P = 0.04 mg/L Specific conductance = 149.2 Ns/cm BOD = 2,0 mg/L Downstream of Discharge Fecal coliform = 29 col/100 mL DO = 5.48 mg/L pH = 6.48 Turbidity = 4.8 NTU NH3 = 0.25 mg/L TKN = 0.80 mg/L NO2+NO3= 0.35 mg/L Total P = 0.33 mg/L Specific conductance = 201.3 Ns/cm BOD = 2.0 mg/L The NC water quality standard for fecal coliform is 200 colonies /100 ml (maximum, geometric mean of five consecutive samples in 30 days). 2The NC water quality standard for dissolved oxygen in this stream is 4.0 mg/L (minimum, instantaneous) and not less than a daily average of 5.0 mg/L. 3 The NC water quality standard for pH is 6.0 - 9.0 units. 4The NC water quality standard for turbidity in this stream is 50 NTU (maximum). NC IDWQ Laboratory Section Results -,ion ID: 4CO76UP-WELCH Lot. Descr.: UPSTREAM -WELCH Collect Date: Collect Ti..:: 06/02/2009 10:50 CAS 0 Analyte Name PQL - Result Qualifier Umts r.narysuva;e ^PP• _. ....... 6I3109 6( 09 Method Reference MIG BCD, 5-Day In llpultl 2.0 2 UG5 mglL BSWANSON MOVERMAN 6I4I)9 622A9 Me0od Reference APHA52108 Turbidity 1.0 4.5 NTU BSWANSON CGREEN 6/3/09 6009 Method Relerence APHA21305-200 NUT 0.02 0.02 U r11gIL as N MAJAYI CGREEN NH3 as N In Ilpuld 614I09 6I10/09 Method Reference L.10-107-M 1-J 0.2 027 mg/L as N MOVERMAN CGREEN Total Igeldahl N as N In liquid yypq 6I12N9 Method Reference LaUIDtt07-0F2-H 0.02 023 mg/L as N MAJAYI CGREEN NO2+1,1O3 as N In liquid 6I4109 6l 1 WO9 Method Reference LacIO-107-N-1-c 0.02 - 0.04 mg/1- as P GB CGREEN Phosphorus_total as P In liquid yy09 g 6/t 2I09 .. e,e.,n Rm..enfe Lac10-116.01-1EF Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 0 • NC (DWQ La6oratory Section 12-esuits ,..aticn ID: 4CO76ON-WELCH Loc. Descr.: DOWNSTREAM -WELCH mesun Method Reference Urns Collect Dale: Collect Time:: AB44999 06/0212009 11:10 Approved By /Date 6 09 513109 MIL, DOD, 5-Day In liquid 2.0 2 U GS mg/L B0N MOVERMAN 6l<0aJ9 61221 O9 Method Reference APHA6210B Turbldhy 1.0 _ 4.8 NTU BSWANSON CGREEN 6ry09 61W09 Method Reference P HA2130B-20d, NU1 0.02 025 mtJL as N MAJAYI CGREEN NH3 as N In liquid • 614/09 6110a)g Method Reference Lac10.10706-1-J 0.2 0.80 mg/L as N MOVERMAN CGREEN Total Neldahl N as N In liquid 6/VM 6112,09 Method Reference Lechot107-06-2-H 0.02 •. 0.35 rt1gIL as N MAJAVI CGREEN NO2-NO3 as N In liquid 6/4N9 6I10109 Method Reference Lac10-107-0d-1-C 0.02 0.33 mrJL as P GBELK CGREEN Phospio� total as P In Oquld 6I6I09 6112N9 uem,.n La00-116.O1-1 EF Laboratory Sectiam> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 101 �i t RESEARCIi ANA[yTICA1 LABORATORIES, INC. Analytical/Process Consultations a NC Af34 CS NC DENR DWQ De,0.0 Sample C01116C.t.Ud 585 Waughtown Street Date Sample Received 06/02/09, Winston-Salem, NC 27107 Date Sample Analyzed 06/02/09 Attn: Melissa Rosebrock Date of Report 06/11/09 Analyses Performed by AA Lab Sample Number 647046 647047 --------------------------- ------------------------------------------ Parameter Storet # Results ----------------------- Results Fec Col.i-MP (31616) <1 col/100 ml 29 col/100 ml Clients Sample Source Number Time Collected (Hrs) ------ #1`�UPSTREAhh-WELCH='#2=DOWfISTREA6]'jWELCH-' WELCH LIVE STOCK WELCH LIVE STOCK 1050 1110 P.D. Box 473 - 106 Short Street- Kernersville. North Carolina 27284 - 336-996-2841 - Fax 336-996-0326 www.randalabs.com EHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Dee Freeman Governor Director Secretary February 19, 2010 CERTIFIED MAIL70006 2150 0003 5467 3456 RECEIVED RETURN RECEIPT REQUESTED N.C. Dept. of ENR FEB 2 3 2010 Tommy Welch Winston-Salem Welch Livestock Regional Office 3601 Millikin Rd Sophia, NC 27350 J Subject: Request for Remission of Civil Penalty Welch Livestock Case No. DV-2009-0024 Permit Number AWD760061 Randolph County Dear Mr. Welch: In accordance with North Carolina General Statute 143-215.6A(O, the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and remitted $2000.00 of the $4822.02 civil penalty assessment. The revised civil penalty is therefore a total amount of $2822.02, which includes $822.02 in investigative costs. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Miressa D. Garoma NC DENR-DWQ — Aquifer Protection Section Animal Feeding Operations Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1617 Mail Service Center, Raleiah, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919�807-64921 Customer Service: 1-877-623-6745 Internet: vol newatercuality.org An Equal Opportunity , Affirmative Action Employer Ogle NorthCarol na ,Ivaitulwl4lf Tommy Welch Case No. DV-2009-0024 Randolph County Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Forni within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa D. Garoma NC DENR-DWQ — Aquifer Protection Section Animal Feeding Operations Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWQ Director's remission recommendation detailed above, or the penalty amount may he further remitted. Thank you for your cooperation in this.matter. If you have any -questions, please contact,Miressa D. Garoma at (919)733-3221. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit Attachments cc: Sherri Knight, Winston-Salem Regional Office Enforcement File #DV-2009-0024 APS Central Files �1VISION OF WATER QUALITY CfVIL PENALTY REMISSION FACTORS Case Number: DV-2009-0024 Region: Winston-Salem County: Randolph Assessed Entity: Tommv Welch Permit: AWD760061 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: I' Mr. Welch readily allowed DWO staff onto the property, actively participated in our investigation and was very pleasant while dealing with DWO representatives. Mr. Welch immediately abated the discharge with the use of an earthen berm and has ceased use of the cattle truck wash until a waste collection system can be installed. He also removed all solids from an existing "retention pit" located downhill fr•orn the truck wash area so that any further rum -off might be contained. Within hours, Mr. Welch requested the technical assistance of the Randolph County' NRCS and participated.iii their June 9, 2009 on -site review and evaluation. He has submitted an application for a State General Permit but is waiting on the NRCS engineer (Mr. Lin Taylor) and his technical specialist (Mr. Randy Blackwood) to design a suitable dr v stack and irrigation system to complete his application.Per Mr. Taylor, approval for any technical and financial assistance is dependent upon pending policy discussions and decisions by the NRCS State Office regarding cattle stocker operations. Whether Mr. Welch receives a» y state or federal financial assistance, he will ultinu iteh, need to spend several thousand dollars to meet State permitting requirements. ❑ (c) Whether the violation was inadvertent or --a result ofamaccident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations:. . ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ etain Enforcement Costs? Yes ❑ No Partial Remission[ $ 00 !z" (Enter Amount) Coleen H. Sul in Date rcv 1.0-8J1,09 Remission Request Summary and Recommendation To: From: Reviewed by: Assessed Party: Case No.: Coleen H. Sullins Sherri Knight Date: Theodore L. Bush, Jr Date: APS Section Chief (initials) Tommy Welch DV-2009-0024 Case Background and Assessment January 4.2010 Region: WSRO .�+t c> County: Winston-Salem Permit No.: AWD760061 • February 1, 1993 Welch Livestock was deemed permitted as a non -discharge facility on February 1, 1993 in accordance with 15A NCAC 2H .0217. • May 28, 2009 WSRO received an anonymous complaint regarding mismanagement of animal waste and discharge at Welch Livestock. DWQ staff investigated the alleged event and observed discharge of animal waste from the cattle trailer washing and the animal waste stockpile area flowing downhill into waters of the State. • June 26, 2009 Notice of Violation and Enforcement Recommendation issued • July 27, 2009 DWQ WARO received a response to the dated NOV • November 13, 2009 Tommy Welch was assessed a civil penalty of $4822.02 ($4000.00 civil penalty plus $822.02 investigative costs): • $4000.00 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. • November 18, 2009 Cn'een card indicated delivery of the assessment document Remission Request (Summary) • December 12, 2009 Remission request signed • December 16, 2009 Remission request received Tommy Welch immediately abated the dischargewith the use of an earthen berni and has-ceaseduse of the cattle truck wash until a waste collection system can be installed. He also removed all solids from an existing "retention pit' located downhill from the truck wash area so that any further run-off might be contained. Numerous repairs would be required to get the facility back into proper operating condition. Tommy Welch report incurring costs of $5000.00 to address the discharge incident. Air. Welchrequested the technical assistance of the Randolph County NRCS and participated in their June 9, 2009 oil -site review and evaluation. He has submitted an application for a State General Permit but is waiting on the NRCS engineer and technical specialist to design a suitable chy stack and irrigation system to complete his application. Enforcement History No prior enforcement cases for past 5 years. Remission Recommendation from Regional Office and Central Office • DWQ Washington Regional Office Recommendation (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission ® $2000.00 (enter amount) Comment: Additional improvements need to be made to the design of the waste structures) and the facility itself to fully address waste management system needs for continued operation. bnprovenncnds are still needed at the facility, which anv level of remission could be applied towards. ]it addition, Laboraton- analvses of samples show Ito clear violation of water quality standard. rev 1.0 - 9.31.09 • DWQ Central Office Recommendation (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs'? Yes ❑ No ❑ Partial Remission ( ) L [ enter amount Comment: 0 0 DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: DV-2009-0024 Region: WSRO County: Randolph Assessed Entity: Tommy Welch Farm # 76-0061 () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: (X) Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: Mr. Welch readily allowed DWQ staff onto the property, actively participated in our investigation and was very pleasant while dealing with DWQ representatives. Mr. Welch immediately abated the discharge with the use of an earthen berm and has ceased use of the cattle truck wash until a waste collection system can be installed. He also removed all solids from an existing "retention pit' located downhill from the truck wash area so that any further run-off might be contained. Within hours, Mr. Welch requested the technical assistance of the Randolph County NRCS and participated in their June 9, 2009 on -site review and evaluation. He has submitted an application for a State General Permit but is waiting on the NRCS engineer (Mr. Lin Taylor) and his technical specialist (Mr. Randy Blackwood) to design a suitable dry stack and irrigation system to complete his application. Per Mr. Taylor, approval for any technical and financial assistance is dependent upon pending policy discussions and decisions by the NRCS State Office regarding cattle stocker operations. Whether Mr. Welch receives any state or federal financial assistance, he will ultimately need to spend several thousand dollars to meet State permitting requirements. O Whether the violation was inadvertent or a result of an accident; Notes: () Whether the violator had been assessed civil penalties for any previous violations; Notes: () Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Decision (Check one) Request Denied Full Remission Partial remission Amount remitted Date Coleen H. Sullins STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST TOMMY WELCH ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2009-0024 Having been assessed civil penalties totaling $4822.00 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated November 13, 2009, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. 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 Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of '7 Ccr" / 20O7. SIGNATURE ADDRESS TELEPHONE • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2009-0024 County: Randolph Assessed Partv: Tommv Welch Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Riuht to an Administrative Hearin 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 evaluating 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. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only 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 N.C.G.S. 143B-282 1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are 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 (attach additional pages as necessary): .9 December 11, 2009 To Whom This May Concern: Steps that I have taken to correct this are: 1. Until the state comes in and builds us a dry stack building and a equipment wash, I have already spent 5,000.00 for fill dirt and labor to build buffers. 2. 1 meet with Randy Blackwood and engineers on the facilties that the state will be building for us. 3. 1 have applied for a waste management permit. When I meet with Randy Blackwood we discussed what the cost would be and having to spend this amount of money for improvements, I didn't expect my fines to be this much. Thank You For Your Time Tommy Welch RECEIVED / DENR / DWQ Aquifer Pmtertinn Section NC®ENR North Carolina Department of Environment and Natural Resources 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: Dee Freeman Secretary RECEIVED N.C. Dept of ENR NOV 11 Mag Winston-Salem Regional Offtce 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, Raleiah, North Carolina 27699-1636 Location: 2726 Caonal Boulevard. Raleigh, North Carolina 27604 Phone: 919-733-3221 1 FAX 1: 919-715-0586 FAX 2: 919-715.60481 Customer Service: 1-877-623.6748 Internetwww rimatergualitv.orq One NorthCarolina ;!l,rtural4il An Fniml Cmnnnuniml 4Hvmauu� Ar inn Fmnmnnr Page 2 • Tammy 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; (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 Tom 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 (919) 733-2698 Facsimile: (919) 733-3478 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 (919) 715-6937. 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 a 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: IL 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. 143-215.1. 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. 143B-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: �� C P S � 00 0 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ q 6)Q 0 v a TOTAL CIVIL PENALTY $ 822.002 Enforcement Costs $ 4 O o Ua 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. Theodore L. Bush Jr., Chief Aquifer Protection Section Division of Water Quality ATTN: SHERRI KNIGHT REGARDING:COMPLAINT INVESTIGATION RECEIVED N.C. Dept of ENR JUL 2 7 2009 Winston-Salem Regional Office I AM WRITING YOU CONCERNING THE COMPAINT THAT WAS MADE. SINCE THEN THERE HAS BEEN MANY CHANGES THAT I WOULD LIKE TO INFORM YOU ABOUT AND I ACTUALLY HAVE PICTURES THAT I HAVE TAKEN TO SHOW YOU. 1. RANDY BLACKWOOD HAS BEEN CONTACTED AND ACTUALLY CAME TO THE FARM, WITH HIS ENGINEERS TO DESIGN A WASTE PLAN. 2. THE BOTTOM OF THE STOCK PILE HAS BEEN CLEARED AND THE WOODEN MATERIALS HAVE BEEN REMOVED. 3. THERE WAS A DITCH CUT OUT AND BUILT UP TO DIRECT ANY RUN OFF FROM THE STOCK PILE STRAIGHT TO THE PIT. 4. THE PIT WAS CLEANED OUT DOWN TO HARD SURFACES. THE DAM OF THE PIT WAS BUILT UP TO PREVENT ANY RUN OFFS. 5. NO MACHINERY OR TRAILERS HAVE BEEN WASHED SINCE THE DAY THE INSPECTOR CAME TO THE FARM. PLEASE SEE THE ATTACHED PHOTOS THAT I HAVE TOOK. THANKS FOR YOUR TIME. WELCH LIVESTOCK ti L� County: RANDOLPH River Basin YAD ReportTo WSROSP EIVED of ENR Collector. M ROSEBROCKpt Region: WSRO EAUG7 2009 Sample Matrix: SurfcewaterLoc. Type: RIVERfSTREAMon-Salem Office Emergency Yes/Nonal COC YesfNo YES Location 10: 4CO76DN-WELCH wsidD Loc. Descr.: DOWNSTREAM -WELCH Collect Date: 06/0212009 1 Collect Time:: 11:10 Sample Qualifiers and Comments REVISED DAZE: Routine Qualifiers Sample ID: AB44999 PO Number# 9W4703 Date Received: 06103f2009 Time Received: 08:00 Labworks LoginlD SMATHIS Data Reported: 6/22/09 Report Generated: 06/22/2009 Sample Depth For a more detailed description of these qualifier codes refer to w .dwglab.org under Staff Access A -Value reported is the average of two or more determinations B1Lounfable membranes with q0 colonies; Estimated B2- Counts from all filters were zero. B3- Countable membranes with more than 60 or 80 colonies; Estimated B4-Fibers have counts of both 160 or 80 and < 20; Estimated SS -Too many colonies were present; too numerous to count (TNTC) J2- Reported value failed to meet OC criteria for either precision or accuracy; Estimated J3-The sample matrix interfered with the ability to make any accurate determination; Estimated J6-The lab analysis was from an unpresemed or improperly chemically preserved sample; Estimated NI -The component has been tentatively identified based on mass spectral library search and has an estimated value LAB 1,13-Estimated concentration is <PQL and >MDL NE -No established PQL P-Elevated PQL due to matrix interference andfor sample dilution W-Holding time exceeded prior to receipt at lab. Q2- Holding time exceeded following receipt by lab PQL- Practical Quantitaticn Limit -subject to change due to instrument sensitivity U- Samples analyzed for this compound but not detected X1- Sample not analyzed for this compound Laboratory SeCUOM>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 1 of 2 NC �D WQ Laboratory Section Results Sample ID, AB44999 La-a6on ID: 4C076DN-WELCH Collect Date: 0610212009 Loc. Descr.: DOWNSTREAM -WELCH Collect Time:: 11:10 Visit ID Anaryre name 11 neauu wan.rcr moo ^PP....eu oy.. Sample temperature at recBip[ by tab 1.9 'C HPARKER SMATHIS Memod Reference 6r1�09 BOO, 5-4)ay In" 2.0 2 UGS moll- BSWANSON MOVERMAN Method Reference APHA5210B 6I6.D9 G/22A9 Turbidity 1.0 4.8 NTU BSWANSON CGREEN McMod Reference APHA2130B-20N 613N9 B/a109 NUT NH3 as N In liquid 0.02 025 mglL as N MAIAVI CGREEN Method Reference Lac10-107-0 1-J 614 W0109 • Taal lgeldahl N as N 1n Squid 02 020 mg&wN MOVERMAN CGREEN Metod Reference-acha1107-0 2-H 6 S 6112A9 NO2tNO3 as N In Squid 0.02 0.35 mWL es MAJAVI CGREEN Method Reference -ac10-107-0 -1c 61W 6Il0 Phosphorus total as P In Squid 0.02 0.33 mglL as P GBELK CGREEN Mehod Reference Lac10-11601-1ER 615W 6112N9 • laboratory Section 1623 Mail Service Comer, Raleigh, NC 27699.1623 (9191733,3908 Page 2 of 2 00(00� I DIVISION OF WATER QUALITY Chemistry Laboratory Regan I Watea Quality "( ❑ CAMpI G'ry__pG_ Ro R 13 PMNT ate/ RIVER BASD4: EAMB�NF ��, /QA ITISFREAM � EFFLUENT REPORT TO W _I R D Res acod O&ce ❑ COMPLIANCE I NCH OF CUSLODY T�" _LAKE PffLUENF Othm : .r,� � ''oo ❑ EMERGENCY V ITLD ESNARY ^❑ COLLECTOR(S) : IyY,�'(C V� O ) Date Reaiued: T. Recaid: ' Reeci ed By Data Released Date Respond: Estimated BOD Range:. Station Locafion: Q.` C-� Seed: _ Cmarinatcd:_ Rcma u: Ca u S — 1p In Lev � f�— Station h/Incation Code - _ Data B-&Dy/mm/ddl Date End(yy/mm/ ) I Tome Bem I Time Ead I Depth - DIN, DB, DBM Valne Type-M$L CompositeT, BOOlIO nV/L Chloride 940 evi NED uN610 rtWL LrLahimn 1132 u8(L. COD High aWL TKNan N625 mv(L. Mg Mappesium 927 oo (L COD Law 335 nWL Chlorophyll a EPA 445.0 modified option uvfl NO2 plus NO3 as N 630 -wL M Marrgmaae 1055 up/L Calif . W Fecal 31616 /ZOOM P: Total as P 665 -OIL W Sec .929 -WL Ca16. W Taal 31 SM /I1%Iml Color: True 80 PO4 m P70507 aWL Anmdc:TOW IW2 u9fL. Colifiamm tube Feea131615 /IOOvd Color: jpH) 83 pl+ P: OMolaed as P 666 nWL Se-Selemrm 1147 -WL. Wifar Fecal So, 31633 /100ad Color pH].632 1.. K-Potasimn mg(L Hg Meteor, 7IM) -WL. Racal. Total SW -611. Cyanide 720 vWL Cd-Cadrrumn 1022 ue/L Ba-Barium 14L Weac 505 m8/L Fluoride951 uWL Cr-Chmrzu=Tota11034 u91L. Orgaocchlorine Pesticides Fixed 510 m9fL Fommldehyde71880 -WL Cu-Copps 1042 uS(L. O�1 nophoaphoom Penicidea Residue: Susprndml 530 mWL Caeam and OR, 556 mg'L Ni-Nickel 1061 ugyL Oo .aatoa f Pesticides Volatile 535 m*(L Hardness Total M mg'L Pb- Lead 1051 up/L Acid H-bicides Fired 540 nWL. Specific Cord. 95 omhadcm Z Zmc IW2 uP/L pH 403 unit, .VIDAS 382W *L V-Venad. ug'L BasdNeatralltAcid Easactable Ooeanim Acidity to pH 4.5 436 mg/L Phanola 32730 u8/L Ag Silcsr 1077 uy/L TPH Diesel Rangc Acidity to pH 8.343 S vWL Sulfite 945 -OIL AI-Ahaninum 1105 ugL Alkalinity to pH eJ 415 mg/L Sulfide 745 -TIL Be- Bmyllium 1012 uS/L. Pmgablc Or arics(VOA borcleregd) Alkalinity to pH 4.5410 m9fL Bomn Ca, Colo. 916 -WL TPEIG.line Range TOC 680 rr*L. ITannin& Upin u8/L Co- Cobalt 1032 u9/L. TPWBTEX Omolme Rang Turbidity 76 NFD FFeet'alrnt Chromium u8/L Fr Bon I045 uRfL. Phytoplank on Colifarm ToW Tube n—w Biwbanem mg/L Mo-Molybdeamn u,/L. Carbmm[e -WL 56-Antinomy ug(L. ToW Dmola Salida -WL. So-Tio ugfL, TI-Thdlium ug/L T Titanium ug(L. H,1631 na0L. Tempaanuean ertiral('Q: / Report to: _M ROSEBROCK- DENR/DWQ Laboratory WSRO it pie Anomaly Report (SAR) • Lab Number: AB44999 Sample ID: 4C076DN-WELCH 'lion Location: DOWNSTREAM- County: RANDOLPH Region: WINSTON-SALEM WELCH Sample Type: STREAM Priority: COC Collector: M ROSEBROCK Date collected: 6/2/09 Date received: 6/3/09 Date analyzed: 6/4/09 Affected Parameter(s): BOD Analytical Area (check one): ❑WCH []METALS ❑NUT ®MICRO The following anomalies occurred (check all that apply): ❑Samples ❑Improper container used [—]VOA vials with headspace ❑Sulfide samples with headspace ❑Samples not received, but listed on fieldsheet [_]Samples received, but not listed on fieldsheet ❑Mislabeled as to tests, preservatives, etc. ❑Holding time expired ❑Prior to receipt in lab ❑After receipt in lab ❑Insufficient quantity for analysis ❑Sample exhibits gross non -homogeneity ❑Sample not chemically preserved properly ❑pH out of range (record pH): ❑Improper chemical ❑Residual chlorine present in sample ❑Color interference ❑Heavy emulsion formed during extraction [:]Sample bottle broken in lab - no reportable results ❑Other (specify): ❑VOA ❑SVOA ❑PEST EQuality Control ❑Instrument failure — no reportable results ❑Analyst error — no reportable results ❑Surrogates ❑None added ❑Recovery outside acceptance limits []Spike recovery ❑None added []Recovery outside acceptance limits ❑Failed to meet criteria for precision ❑lntemal standards ❑Blank contamination EQC data reported outside of controls (e.g., QCS, LCS) ❑Incorrect procedure used ❑SOP intentionally modified with QA and Branch (lead approval ❑Invalid instrument calibration ❑Elevated detection limits due to: ❑Insufficient sample volume Comments: One of the glucose glutamic acid standards was not within acceptable limits. The limit is 167.5-228.5 mg/L and the standard values were 153.5 and 169.5 mg/L Corrective Action: ❑Samples were rejected by DWQ Lab. Authorized by: Date: ❑Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s) on hold until: ®Sample reported with qualification. Data qualification code used:GS ❑Other (explain): Notification Required? ❑ Yes ❑ No Person Contacted: Date: Form completed by: Lead Chemist Review (initial): n10CHEM 9 METALS Branch Head Review (initi (QC Review (' trial):�D� f / QA\Fornu\LabornmrylSAR ❑PEST ❑VOA Date: 6/ 11 /2009 ❑SVOA Logged into database by (initial):/1-70y I WA/aldb, County: RANOOLPH River Basin YAD Report To WSROSP Collector. M ROSEBROCK Region: WSRO Sample MaM1c Surfacewater Loc. Type: RIVER/STREAM Emergency Yes/No COC Yes/No YES Location to 4C076UP-WELCH nor VIA.;F�4 RECEIVED O N.C. Dept of ENR AUG 17 2009 Winston-Salem t VisitlD Regional Office Loc. Dem,: UPSTREAM -WELCH Collect Date: 06102/2009 1 Collect Time:: 10:50 Sample Qualifiers and Comments Routine Qualifiers Sample ID: PO Number # Date Received: Time Received: Labworks LoginlD Data Reported: Report Generated: Sample Depth n"copRT l�;ITt,HLS: For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of two or more determinations B1 -Countable membranes with <20 colonies; Estimated B2- Counts from all filters were zero. B3- Countable membranes with more than 60 or 80 colonies: Estimated B4-Filters have counts of both >60 or 80 and <20; Estimated B5-Too many colonies were present; too numerous to count (TNTC) J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated J3-The sample matdx interfered with the abdity to make any accurate determination; Estimated J6-The lab analysis was from an unpreserved or impmpeny chemically preserved sample; Estimated IN1-Thecomponent has been tentatively identified based on mass spectral library search and has an estimated value LAB AB"998 9W4702 0610312009 08:00 SMATHIS 6t22/09 06222009 C,/.-�31J9 N}Estimated concentration is < PQL and>MDL NE -No established PQL P-Elevated POL due to matrix interference and/or sample dilution 01-Holding time exceeded prior to receipt at lab_ Q2- Holding time exceeded following receipt by lab PQL- Practical Quanhtadon Limit -subject to change due to instrument sensitivity U- Samples analyzed for this compound but not detected Xt- Sample not analyzed for this compound Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 Page 1 of 2 i .�, NC (DWWQ Ga6oratory Section Results Sample ID A644998 Location 10: 4C076UP-WELCH Collect Date: OWO=009 Lac. Descr.: UPSTREAM -WELCH Collect Time:: 10:50 Visit ID Anaryre name MetM4 Reference MIC BM, &Day In liquid 2.0 2 U G5 rnglL BSWANSON MOVERMAN Mello Reference APHA5210B VI 9 622I09 Turbidlly 1.0 4.5 NTU BSWANSON CGREEN Me0v4 Reference HPHP21308-2IM N.W9 5IBI09 NUT NM as N In liquid 0.02 O.02 U nglL as N MAJAYI CGREEN Me01od Reference Lac16107-06-1-.1 (V4 Woffig • Total IgeIdatJ N as N In liquid 0.2 027 nVIL as MOVERMAN CGREEN Mimvc!Reference LeC 007-0 2-1-1 6Ii2 NO2tNO3 as N In tquid 0.02 023 mgA-esN MAJAYI CGREEN Method Reference Lec10-107-01-1< Elr WOW Plasphonls_total as P In liquid 0.02 0.04 ni as P GBELK CGREEN Method Referer la1e-11S01-1EF fil5r09 6I12N9 Laboratory Sectio", 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 • D"IONO ATER QUALITY "�l1 Chemistry Labnntoty Report / W atm Quality ❑ SAMPLE TYPE COUNTY RIVER BASIN: h4IDM� IJk s'IREAM JJJ�❑""'-LAKE EFFLUENT TO pCvlJ�Regwvl OBicc �0QA COMPU4NCE .lylyCH.4A10F CUSTODY NFLUENT Omm : EMERGENCY =ID ESTUARY r_ COLLECTORS) h Dec Rccciud U'3 -oi' Tme Rec ReBy : Of reised By Dais Released : Date Reported Estimated BOD R .,n Statiov Smd: ChlorinatW:� R®arty: VA�'�Jl�—wQ•� l�{O.l\`�`�1� Shtivn# ration Code Date BcBiv (yy/mm/dd) Datc Evd (yy/m dd) Time Bed, Time End Depth -DM, DB, DBM Vvine Type -A, H,L Compasito-T, 5,B Sam Type tJ P -(h'l I t y� .. �. e n l elm �n .. r I Z In,_' n, y -n BOD310 -WL Chloride 940 mg1 NLD aN610 nV& LiL6hlum 1132 ugL COD Ugh 340 roWL TKN an N6M m (L Mg N4,nevmn927 mB1 COD Low 335 -WL Chlorophyll a EPA 445.0 axx ificd option WL NO2 plus NO3 a N 630 -WL M Manllanese 1055 ug/L Colifin. MF Feral 31616 1100m1 P: Total as P 665 JL Na-Sodium 929 -19 L Colnfu= MF TOW 31504 /100A Color T. 80 PO4m P 70507 m/L Araenr:Totd 1002 ugL Cahbrm tube Fc 31615 /1001o1 Coloo(pH) 83 PW- cis. P: D®hd m P 666 mgL Se Sclmium 1149 u9fL Colifwsn: Feral So,p 31673 /1t111M Color pHy.682 t K-Potasium ng/L Hw Mcrcury]1%0 ug(L. Raiduc: ToW 5W *L. Cyanide 720 mgL Cd-Cadnvmn 1027 ugL BrSxrium 4L Valmilc 505 -WL Fluonde951 mgL CrLh,...TOW 1034 up/L Os®mochlorine Pesticides Fi¢d 510 -OIL Fomaldehyde 71880 mgL Cu-Capper 1042 ugL On nvphosphorm Pcapcidca Residue: Smpcndcd 530 -WL G•=• and Oils 556 mgL N N kel Ic6y -9 L Os 0.iurol Pesticidm Volatile 535 Hardnm TaW 900 -WL Pb-Lead 1051 vgL Acid Herbicides Find 540 -lWL S,=i& Co d.95 umlms/mn Z Zinc 109E ug/L pH 403 units MBAS 392W nWL V-Vmadbm, ugL BudNmmalBAcid Emasablc OrP)oim Acidity to pH4.5 436 -WL Phenols 32730 ugL A, Silser 10" ugL TPH Dwel Range Acidity to pH 83435 -WL SWTme 945 mgL M-Aluminum 1105 ugL Alkalinity N pH 8.3415 rn IL SulHe 745 IWL. Be- Beryllium 1012 ugL Pm8eable Or,nim(VOA battle regd) MI inutytopH4.5410 mgL Boron Ca CAcium 916 nIWl TPH Gmolinc Rang TOC 680 mgL Tannin&Lipin ug/L Co- Cobalt 1037 ugL TPFVBTEXGasoline Range urbAny 76 NTU Hewvalrnt Chrunvum ugL Fc-hon 1045 ugL phytoplaWRon Celifanm Tood Tube /lwo4 Birerbmutc mgL Mo-Molybdenun up/L Cmbon#c -WL Sb-Antimony ug/L ToW 13®slsed Solids -WL So-Tm ugL TI-T lhrm -9l T Twnimn ugL HB-1631 ngL Tmnpm on (°C): l • Report to: _M ROSEBROCK- DENR/DWQ Laboratory WSRO 16ple Anomaly Report (SAR) • Lab Number: ation Location AB44998 UPSTREAM - WELCH Sample Type: STREAM Date collected: 6/2/09 Affected Parameter(s): BOD Sample ID: 4C076UP-WELCH County: RANDOLPH Region: WINSTON-SALEM Priority: COC Collector: Date received: 6/3/09 _ Date analyzed: Anulytical Area (check one): ❑WCH ❑METALS []NUT ®MICRO The following anomalies occurred (check all that apply): []Improper container used ❑VOA vials with headspace ❑Sulfide samples with headspace ❑Samples not received, but listed on fieldsheet ❑Samples received, but not listed on fieldshect ❑Mislabeled as to tests, preservatives, etc. ❑Flolding time expired ❑Prior to receipt in lab ❑After receipt in lab ❑Insufficient quantity for analysis ❑Sample exhibits gross non -homogeneity ❑Sample not chemically preserved properly ❑pFI out of range (record pH): ❑Improper chemical ❑Residual chlorine present in sample ❑Color interference ❑Fleavy emulsion formed during extraction ❑Sample bottle broken in lab - no reportable results ❑Other (specify): M ROSEBROCK 6/4/09 ❑VOA ❑SVOA ❑PEST EQuality Control ❑Instrument failure — no reportable results [-]Analyst error— no reportable results ❑Surrogates ❑None added ❑Recovery outside acceptance limits []Spike recovery ❑None added ❑Recovery outside acceptance limits ❑Failed to meet criteria for precision [—]Internal standards ❑Blank contamination EQC data reported outside of controls (e.g., QCS, LCS) ❑Incorrect procedure used []SOP intentionally modified with QA and Branch Head approval ❑Invalid instrument calibration ❑Elevated detection limits due to: ❑Insufficient sample volume Comments: One of the glucose glutamic acid standards was not within acceptable limits. Thu limit is 167.5-228.5 mg/L and the standard values were 153.5 and 169.5 mg/L Corrective Action: ❑Samples were rejected by DWQ Lab. Authorized by: Date: ❑Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s) on hold until: ®Sample reported with qualification. Data qualification code used:G5 ❑Other (explain): Notification Required? ❑ Yes ❑ No Person Contacted: Date: Form completed by: Lead Chemist Review (initial): MBIOCHEM _MD ❑METALS ❑PEST [-I VOA Branch Head Review (initial): {QC Review (initi��l�' QNPonne\4,b.,u1.ry\ AR Date: 6/11/2009 ❑SVOA Logged into database by (initial):.a,310y IM3/01dhs V Mtp://www.co.randolpiLnc.us/scriptslesrimap, dll?nanw=Randolph&Cmd=CreatePrintWindow&ParceINbr—&SlreetName=&HouseNbr-0&H... £' Randolph County, NC Printable Parcel Map ;The data collection used to produce this media'Was last updated, on 8/5/2009 @ 9:35:53 AM EST gyp', In F tS: IA J 1. wracy.w me mrormaoon:ser rorm on mac meaia wnemer e on the Implied wenwfies`of merchantabifty and atness for a r accordance wfth hb im Ceidlria General StaluOe 132.10. Grk ✓inflow _ L [- i tlttp://www R, Randol ph,;Gounty,NC .PrintablesParcei,Map The data collection used to produce this media was last dpdatedon 8/5/2009 @ 9:35:53 AM EST 774541015Q Owner Name WELCH,TOMMY,BRADLEYF aAdreOwner, 3 s ,z Owner. City/Stilip SOPHl'A NC 27350;' „< ,' ,,,°; , Property'Description „ r; R1522;W Area Location Map ,. 3I9577 t 2I9SO2 Map Legend Y ,.,'Municipalities 41a159 Shaded aJ `Parcel CoveragetsY -06s 'Addresses'. TD90 410150 ,•;, Pane{Annotation, �r,: � v lot Dimensions Lot Numbers, s ,Parcel Numbers Tarcel Lot Lines rt 3=44 lm" Q,Legall. ot Lines ' w Subdllnsiorisi+ 301405 4aey ® (Outlined);ra 99B i 307353 ®Tax Parcelsw, �• Water Coverasielsl'�" Streams." Det@ITime Stan'Ipr. AN Information'on this 'media '.Is'prepared for &a inventory, of real property found within Randolph county. All data. IncluAing maps; is compiled from recorded deedi; Pieta; end other public records and data. -Users of this date are hereby z ' notified that the'aforem8o enned public primary hdormatlon sources should be 6oiisu8ed for veiftation of the Infbrmd n. 8/8/2009 1 15:17 All information cortalned herein was created for Ore County's Internal use, Randolph County, Its agents and employees make no warranty `as ,to the comecinees`or accuracy of the, information set forth on.this' media 'whetheremress or PM EST ,"L v, `> implied, in fact or Ia law, InGadinp without limb -don the Implied warranties of. merchantability and fitness tors particular Version 4.3 (December '... use. Any resale of this data is shictly prohibited in accordance with North Carolina General Statute 132 10 Grid Is based i on North Carolina State Plane W83- } Server. 01 . • u. vr�, s ,a} v, 4„ v Window k ; f' t r . ` Y http://ww-w,co.randolph.ne.uslscriptslesriniap.dll?nanie=F.aWolph&Cmd=CreatePrint)hrindow&ParceINbr--7745410150&StreeiNaine=&Ho Or, Rafidplph.,Co U PKMabld Parcel WO" -' ��Y9 MMoNm '[W I r U, 0. PI L�Y1.4 4 'Lt ANe vo— 41`0 A Lk it 15* �Ak IRy It I M1 41 W, Ap, k t —,rw7- Ei7 q? M1485 ry�ry 'QR AN Informallowri on this - med4 is, prepared fus Inventory,& real property found within Randoph County: AII'dati, plats� mother public Words and dats.'Llsers of this data are h6fetry. D I Sta TP, including maps, Is'c6rnpUed from recorded deeds, homed that the aforementioned pubb- primary Information sources should be consulted for verificitlon of the infunnation. 4,rA.n —Mairmad ee wliQ �.MM f6rc tlifl r.minh, Is Internal use. Ran"nh Countv. 6 aoents and emDbvm piled, In fact or In law, Including without Urnflatian a. Any resale of this data Is strictly prohibited In a North Carolina State Plane WD83r, Close Window http://www.co.randolph.nc.us.1scriptslesriniap.dll?naine=Randolph&Cnid=CreatePrirdWindow&ParceINbr--7745308544&StreetName=&HO -NC'�,'Pr t6bkOi rcel'W �afidoloh County, 11 -i-The data collection used to produce this media was last'Updated on 8/512009 @ 9:35:53 AM EST. v4,,�j 0 A rc'e fb k6l; 44� WELCH T PMMY-WILLIAM Owner. Addiriiss�-�.� P0BOX31011 6-w*'ne'-'r'Cit'ylSt'1zip ­0 S(jPkA,'kC 27350-031 Property Description,' °i SR lk2-1117�' ;'� -'4 Area. Locatibn Map,' M60 Legend MUM clpalftle 1l 49 ()Us,4�' tllneCl_j.�'_ 6, Oircei 6veiane(s),' , 495 Pai6ai Anirlotitioti."'I 'Lot re 14RV Dih4hsii :'Lot Parcel Numbers L! Streams iOther . Coverage . (a) Photos Datlitffihie Staifirip" All Inl6kriation on this;rnedlit(is prepiredijor,ftwe inventory of real pioperty.found within'Randolph County. All,data, . . Including Maps; is ccsnpiied from recorded deeds: plats, and:other public records and dato.'Werkof this data are tiereby notilieq that the aforementioned public primary Information sources should consulted lor'4edfication of the information. 8/61�000 �1: 1 913:' -be All Information contained herein wascfeabid for the Ctiunly's'Internal use . Randolph County, fisagenti and employees r nwake 66 �varranty as to the correctness or accuriey; of the into fmation set forth on ft media whetherexpress or PM EST.'�,'t inip1w, in fact or In law, Includini; without 11niltillon the implied warranties of merchantobfllty�and fitness for a'parUcular (D"n;bir use. Any stitere of this data is strictly prohibited In accordance with North Carolina General Statute .132-10: Grid Is based Y 2008) on North Carolina State Plane NAD83 ser�er: oj'� 4�' ' Close Window 7 i4 http://www Randolph ountiN,C','_ Pflrit4ble, Parcel _.Map this ar cat ID,.Nbr 7745308544, ;-'C ovm6r Name-. WELdHtOMMY WILLIAM 8VlbklE". 0d ress, Cf P 0 BOR31 0.'. X Ymer S MO-631 0 't; PHIA, NC,2 Q Frope rtj Description . SIR 1522;9;.:_`• , Alrealocation Map 410150 Map, Legend "".Municipalities Shaded !1, reel veragets 308544 Parcel Annotation Gt Dirn"6.ns::. Lot Nurnbiari, 400460 Parcel urn rs"."' 1 3073M ,"Parcel -Lot Lines A E]Le gal 'Lot Or iiik 115� CA-e'L A) . . Subdl Sl (OtAIine'd)%'..,.. u Parce �1, WiterCoVera trearnst"i7,.'-, 1AJI InfimalloA on this medii Is*Drepared f6rthe Invent* of real M*ly, fo'uhd within Randolph erafn . was:created for the - County's internal use. Randolph County, Its agents and employees 81612009 1-:18:13 cn y I "66rrectness�OrL accuracy of the Informado,n,ae.t.forth on this media whether iopress.T t PM EST In tact or In I*, IncAutfinig without limitation r the Implied warranties of menohardabllftj'imd Wise for a particular 132.10. Grid IS based Version 4.3 (Deoernber�_F, use..A Is strictly prohibited In accordance with North Carolina General Statute ny, resale q this data 0",,'�,200e) '�­`-;,i tL-,r. on North Carolina State Plane Server. tV mp, n Al' Close Wmdow X, POAA w r NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor CERTIFIED MAIL RETURN RECEIPT 70081300 0000 6359 0635 Mr. Tommy Welch Welch Livestock 3601 Millikin Road Sophia, NC 27350 lA. Director June 26, 2009 Natural Resources SUBJECT: Notice of Violation/Notice of Intent to Enforce - Complaint Investigation NOV-2009-DV-0194,tf ermit'.numbecAW©7.600611 IR nd5lph-County Dear Mr, Welch, Dee Freeman Secretary As you know, Division of Water Quality (DWQ) staff from the Winston-Salem Regional Office visited your livestock facility on May 28, 2009 and again on June 2, 2009, The initial complaint concerned improper animal waste management in and around Caraway Creek. This letter is to summarize the water quality concerns and violations noted during our investigation. On May 28, 2009 DWQ staff observed the discharge of animal waste from the trailer washing area, flowing downhill and into a UT (unnamed tributary) to Caraway Creek. On June 2, 2009 staff observed animal waste discharging from the trailer wash area as well as the solid waste stockpile and flowing downhill into a UT to Caraway Creek. Numerous colonies of sludge worms were also observed in the surface water, both at the discharge point and 50-60 feet downstream from the discharge,. Approximately two inches of organic matter had also accumulated in the stream below the discharge. The unpermitted discharge of animal waste from the solid waste stockpile and trailer wash area into waters of the State is a violation of North Carolina General Statute (NCGS)143.215.1. The enforcement remedies available to the Division for an unpermitted discharge include a civil penalty of up to $25,000.00 per day, per violation. Additionally, the section of Caraway Creek in question is classified as Class C waters of the State. NC Administrative Codes require that this section of the stream be protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. Winston-Salem Regional Office 585 Waughlown Street Winston-Salem, NC 27107 Phone: 336-771-50001 FAX: 336-7714631 1 Customer Service: 1-877 623-6748 Internet: www,ncwaterquality.org An Equal Opportunity 1 Affrma6ve Action Employer Nne oirthCarolina. Naturally Welch — NOV/NO1 June 26, 2009 Page 2 Our investigation also revealed that 200-400 feeder/stocker cattle (on average) are confined, then loaded, and shipped from your facility each week. You indicated that two to three truckloads of cattle are shipped each week with each load transporting approximately 48,000 pounds of cattle. On June 2, 2009, staff observed at least 127 cattle being maintained on a feedlot located at the above address. North Carolina General Statute (NCGS) 143-215.10E defines a "feedlot' as: .. a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and either specifically designed as a confinement area in which animal waste may accumulate, or where the concentration of animals is such that an established vegetative cover cannot be maintained." The statute further describes a feedlot as a building or lot where animals are confined for 45 or more days, which may or may not be consecutive, within a twelve-month period. Per NCGS 143.215.1013 and 143.215.10C, any agricultural farming activity involving 100 or more confined cattle is considered an "animal operation" requiring application. for coverage under a Cattle Waste Management System General Permit. To date, the Division has not received a permit application for Welch Livestock. This office is considering an enforcement action against Welch Livestock for the above referenced violations. If you have justification that these violations were caused by circumstances beyond your control, or have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. Your response should be sent to my attention at the address shown on the letterhead. The WSRO will review your response and forward it to the Director, along with the enforcement package, for consideration. In addition, upon receipt of this letter, you have sixty (60) days to submit the attached "Stale Application for New or Expanding Animal Waste Operations" and all supporting documentation. Please note that the application is to be completed using information from a Certified Animal Waste Management Plan (CAWMP). Should you need financial or technical assistance regarding the CAWMP, please contact the Randolph County Natural Resource Conservation Service office at (c136) 629-4449. Once the application has been completed and signed, the original and two copies of the application must be returned (along with three copies of the entire CAWMP) to: North Carolina Division of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Please be aware that operation of your facility without coverage under a valid general permit constitutes a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. We urge your continued cooperation with the Randolph County Natural Resource Conservation ■ Complete Items'1, 2, and 3. Also complete» A Item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse •kt so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Tommy Welch Welch. Livestock. 3601 Millikin Road Sophia, NC 27350 ❑ Agent ❑ Addresses tte of, Delivery D. Is delivery e5dress different from hem 11' 13 Yds If YES, enter delivery address below: ❑ No XOCR A 3. Sya/�vlce Type 00 I IR Certified Mall ❑ Express Mall Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 14. Restricted Delivery? (Extra Fee) ❑ Yes — 7308iI13o0 OOOOi6"35,9106'35 PS Form 3811, February 2004 _ _ Domestic Return Receipt 7 _ �� O 1 102595-02-M-1540 UNITED S7ATE$pS�'AL-$ERYICE , , a' "" SmsKClacg Mad'^' �,estege Fees Paic >..::•uw trtl:r:r wrt. L� , ,. �. :L -w• U,SPB.. o.......... • Sender: Please print your name, address, and ZIP+4 in this box Aquifer Protection N.C. Dept. of Environment and Natural Resources 585 Waughtown Street Winston-Salem, NC 27107 ''7_ 11111111111111111111111111111111111111111 1 111111111111111111 II Welch — NOV/NOI June 26, 2009 Page 3 Service office. Staff may be contacted at (336) 629-4449 ext. 3 for any technical and/or financial assistance you may need in implementing corrective measures. If you have questions regarding this Notice, please contact Melissa Rosebrock or me at (336) 771-5000. cc: DWQ - APS Animal Feeding Operations Unit Randolph County SWCD/NRCS WSRO AP Facility Files Sincerely, Sherri V. Knight Regional Aquifer Protection Supervisor e Photos on pages 1-3 taken May 28, 2009 at Welch Livestock. Front, right, view of cattle truck washing area. Closer view of cattle truck washing area. Left, rear, view of cattle truck washing area. y H 0 Closer view of stockpiled animal waste solids. Beef cattle lots and paddocks. 3 .IL W % 47.,E ^T } 0 . . me : lm C n : 0 • • :: WO Iw ; :. .: Holding/feeding paddocks for beef cattle. Stockpiled cattle waste solids. Cattle truck washing area. Animal waste flowing downhill from stockpile and cattle truck wash area. J� 4v UT to Caraway Creek, class C waters of the State. Animal waste continuing to flow downhill towards surface waters. 3 Close-up of animal waste. Unpermitted discharge of animal waste in UT to Caraway Creek. Flow is from top to bottom in photo. S, t y a+c At- i 1 `y Y� yi ,r A�I l -�� 'i• �� E Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 760061 Facility Status: Active Permit: AWD760061 ❑ Denied Access Inspection Type: Compliance Insoection Inactive or Closed Date: Reason for Visit: Routine County: Randolph Region: Winston-Salem Date of Visit: 06/02/2009 Entry Time: 10:00 AM Exit Time: 12:00 PM Incident #: 200901405 Farm Name: Welch i ivestock Owner Email: Owner: Tommy Welch Phone: Mailing Address: 3601 Millikan Rd Sophia NC 27350 Physical Address: Facility Status: ❑ Compliant Not Compliant Integrator: Location of Farm: Latitude: Longitude: Question Areas: M Discharges & Stream Impacts Records and Documents Certified Operator: Operator Certification Number: Secondary OIC(s): on -Site Representative(s): Name Title Phone 24 hour contact name Tommy Welch Phone: 336A98-9355 On -site representative Tommy Welch Phone: 336-498-9355 Primary Inspector: Melissa Rosebrock Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: Today's inspection was to follow-up on the initial inspection performed by surface water staff 1.,2., and 3. The discharge of animal waste was observed from the solid waste stockpile and into Caraway Creek (879 feet). The past discharge from the trailer wash area was also evident (978 feet to main stream). Numerous sludge worms and up to 2 inches of organic matter were observed in the stream, about 50-60 feet downstream from where the discharge entered Caraway Creek. Mr. Welch was instructed to cease discharging from the cattle trailer area and to construct an earthern berm to contain the leachate discharge from the solid waste stockpile. The business utilizes up to eight different trucks/trailers for hauling cattle. About two to three trucks are washed per month, each taking about 20 minutes. Well water is used for washing. 19. Mr. Welch ships out 200-400 cattle (2 to 3 loads), per week, mostly on Saturdays. The first three weeks in May ranged 294-513 head. Each load of cattle weighs about 48,000 pounds. Cattle are reportedly around 480 pounds (min.). Page:1 Permit: AWD760061 Owner- Facility: Tommy Welch Inspection Data: 06/02/2009 Inspection Type: Compliance Inspection Regulated Operations Facility Number: 760061 Reason for Visit: Routine Design Capacity Current Population Cattle O Cattle - Beef Stocker Calf 200 127 Total Design Capacity: 200 Total SSLW: 110,000 Page:2 Permit: AWD760061 Owner• Facility: Tommy Welch Facility Number: 760061 Inspection Date: 06/02/2009 Inspection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? In ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ 0 ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ■ ❑ ❑ Cl c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ❑ ❑ 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a ■ ❑ ❑ ❑ discharge? Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ■ ❑ ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? N ❑ ❑ ❑ If yes, check the appropriate box below WUP? Checklists? Design? Maps? Other? 21. Does record keeping need improvement? ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ 120 Minute inspections? ❑ Weather code? ❑ Weekly Freeboard? ❑ Transfers? ❑ Rainfall? ❑ Inspections after> 1 inch rainfall & monthly? ❑ Page: 3 Permit: AWD760061 Owner- Facility: Tommy Welch Facility Number: 760061 Inspection Data: 06/02/2009 Inspection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No NA NE Waste Analysis? ❑ Annual soil analysis? ❑ Crop yields? ❑ Stocking? ■ Annual Certification Form (NPDES only)? ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ ■ 23. If selected, did the facility fail to install and maintain a rambreaker on irrigation equipment (NPDES only)? ❑ ❑ ❑ ■ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ ■ 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ❑ ❑ ■ 26. Did the facility fail to have an actively certified operator in charge? ■ ❑ ❑ ❑ 27, Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ ■ II Page:4 Laborato ectaon t esudts Y County: RANDOLPH Sample to: ABaa999 River eosin Report To YAD WSROSP ECEIVED N.C. of ENR OF VdP.7F9 O� a?bLuaG PO Number Date Received: 9W4703 0610312009 �_ I "-� Time Received: 08:00 Collector. Region: M ROSEBROCK WSRO ��� �� V h � Labworks LoginlD SMATHIS Date Reported: 6/22/09 Sample Matrix: Surfacewater Winston-Salem Loc. Type: Emergency Yes/No COC Yes/No RIVERISTREAM YES Regional Office VisitlD Loc. Descr.: DOWNSTREAM -WELCH Report Generated: 06/222009 Location ID: CC076DN-WELCH Collect Date: 06102/2009 Collect Time:: 11:10 Sample Depth iSample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwgiab.org under Staff Access A -Value reported is the average of two or more determinations B7-Countable membranes with <20 colonies; Estimated • B2- Counts from all filters were zero. 133- Countable membranes with mare than 60 or 80 colonies; Estimated B4-Filters have counts of both >60 or 80 and < 20; Estimated 65-Too many colonies were present; too numerous to count (TNTC) J2- Reported value failed to meet OC criteria for either precision or accuracy; Estimated J3-The sample matrix interfered with the ability to make any accurate determination; Estimated J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated N1-The component has been tentatively identified based on mass spectral library search and has an estimated value LAB N3-Estimated concentration is < PQL and >MDL NE -No established PQL P-Elevated PQL due to matrix interference and/or sample dilution QbHolding time exceeded prior to receipt at lab. Q2- Holding time exceeded following receipt by lab PQL- Practical Quamtation Limit -subject to change due to instrument sensitivity 11- Samples analyzed for this compound but not detected X1- Sample not analyzed for this compound Laboratory Section 1623 Mail Service Center, Raleigh, NC 276994623 (919) 733-3908 Page 1 of 2 NC <DIWQ Laboratory Section 12esufts Sample ID AB44999 _ '. Location ID: 4C076DN-WELCH Collect Dale: 06/02/2009 Loa Descr.: DOWNSTREAM -WELCH Collect Time:: 11:10 Visit ID Hesun Method Reference MIC BOD, S-Day In Bqufd 2.0 2 UG5 mWL BSWANSON MOVERMAN Method Reference APHA 1013 W4109 a22M9 Turbidity 1.0 4.8 NTU BSWANSON CGREEN Method Reference APHA21308-20M 6r3109 EIfiN9 • nut NH3 a9 N In liquid 0.02 025 mglL as N MPJAVI CGREEN Method Reference Lec10-107-06-1-J 614N9 W10,99 Total IQeldahl N as N In liquid 0.2 0.80 mglL as N MOVERMAN CGREEN Method Reference Lachat107-06-2-1-1 6r6N9 6112N9 NO2+NO3 as N In liquid 0.02 0.35 mglL as N MAJAVI CGREEN Method Reference Lac10-107-04-1-c (V4N9 N10109 Phosphorus toiat as P In 0quld 0.02 0.33 mglL as P GBELK CGREEN Method Reference Lac10-115 1-tEF 61W9 W12i09 • Laboratory Section» 1623 Mall Seml a Center, Raleigh, NC 27699-1623 I919I 733-3908 Page 2 of 2 • s DMSION OF WATER QUALITY Chemistry Laboratory Report/Water Quality ❑ SAMPLPTYPE Doe Rccened: �••3-� / COUNTY PMRnY T. ]Kcceived RR'EA BASIN : `• , ❑ AMB�M' ❑ QA ITISTREAM ❑ EFFLUEM' Rcuivcd By REPORTTO yy� �� Re®onel Office❑ COMPLLWCE b<CHN NOF CUSTODY YYYY❑�---'"'���_LAKE ❑ 4NFLUEM Other : ❑ Eh0ROENCY VISIPID ❑ ESTUARY Data Uttered COLLECFOK(S): K. '(L(J'](!jtl�{J� �{..� �� Date Reportel: Estimated BOD Rug: Station Location: rnC�yw—e,`�-•/1 '( j� Seed: — Chlosieated:— Remarks: �� `P �t y `(/-- St ion sillpeatiow Code — �^, Date Begin jyy/ m/dal) Date pad The BeCin Time Evd Depth -D1f, DB, DBM1f Value Type - A, H,L CompositeT, S,B Sample Type Li tAp BOD 310 mWL Chloride 940 "B"L 1%0 es N 61 D -CIL Li -Lithium 1132 ug/L COD High 340 mgT. TIN en N625 IWL Mg Mapimium 927 mg/L COD Low335 mgfL Chlorophyll a EPA 445.0 modified option ug/L NO2 plus NO3 as N 630 oeL Mn-Mangn<u 1055 ug/L Colifonm MF Fecal 31616 1100od P: Total m P 665 mg/L Na-Sodium929 ci ColiformW Total 315N 1IOOm1 Color: True 80 c u. PO4 m P 70507 -VIL Ar a nie:Total Io02 ug/L Coliforrm tube Fecal 31615 1100v11 Cclor:(PH) 83 PW clu. P. Dimolwd as P 666 -wL So- Selenium 1147 ug/L Celificm Feml Sue 316T3 /IOOM CrlocpH7.682 c ul K-Potassium r*(L Hg-Me,,., 71 WO ug/L Residue: Total SOD -wL Cyanide 720 nTfL Cd-Cadrruum 1027 up/L Ba-Barium ugfL Volatile 505 -VL Fluoride 951 -wL CrLhromiumTata11034 .,fL Oranochlorin• Pesticides Fixed 510 -wL Fomvldchyde 71880 mg/L Cu-Capper 1042 ug/L Organophosphow Pesticides Residue: SmperWed 530 "81% Geese end Oils 556 Ni-Nickel 1067 ug/L Orgmonitrogen Pesticides Volatile 535 I-wL Hardness Total 900 mg/L Pb-Led 1051 ug/L Acid Hedimidm Fixed 540 - mg/L Specific Cord. 95 umhos/ern Zo- Zinc 1092 ug/L pH 403 units MBAS 3326O nWL V-Vandium ugfL. Base/NeutraMAcid Extractable Orppniu Acidity to pH 4.5436 -wL. Pheonls32730 u,fL A, Silver 1077 ug/L TPH Dime] Range Acidity to pHB3435 nwL Sulfite 945 mg/L Al -Aluminum 1105 ug/L Alkainity to pH 83415 I-wL Sulfide 745 ci Be -Beryllium 1012 uS/L Pmbxable Orppnim(VOA bottle read) Alkalinity to p144.5410 mg/L Boron Ca- Calcium 916 rWL TPH Crmolinc Range TOC 680 si Tannin k li in ng/L Co- Cobalt 1037 ug/L TPWBTEX Gawline Range Turbidity 76 NfU Hcnvaler:t Chromium ug/L Fe -Iron 1045 ugfL PhytoplanNon Coliform Tmal Tube /10OM Bicarbonetc I*L Mo-Molybdenum ug/L Carbovtc mB(L Sb-Andrmrry ug/L Total DisuAwd Solids mg/L So-Tn ug/L TI-T1Wlium ug/L Ti-Titanium uSIL Hg-1631 ng/L TemperLLme on arrival ('C): COMMENTS: tLj•w i,aaoraro ea County: RANDOLPH _ River Basin YAD pF V'IAiC,9 RECEIVED Report To WSROSP N.C. Dept of ENR O� OG Collector. M ROSEBROCK (�O Y Region: — WSRO JUN 2 5 2009 - Sample Matron: Surfacewater WinstonSm ale Loc. Type: RIVER/STREAM Regional Office Emergency Yes/No VisitlD CDC Yes/No YES Loc. Descr.: UPSTREAM -WELCH Location ID: 4C076UP-WELCH Collect Date: 06/02/2009 Collect Time:: • Sample Qualifiers and Comments Routine Qualifiers Sample ID: PO Number N Date Received Time Received: Labworks LoginlD Date Reported: Report Generated: 10:50 Sample Depth For a more detailed description of these qualifier codes refer to 1vww.dwglab.org under Staff Access A -Value reported is the average of two or more determinations • 81-Countable membranes with <20 colonies; Estimated B2- Counts from all filters were zero. 83- Countable membranes with more than 60 or 80 colonies; Estimated B4-Filters have counts of both >60 or 80 and <20; Estimated B5-Too many colonies were present; too numerous to count (TNTC) J2- Reported value failed to meet OC criteria for either precision or accuracy; Estimated J3-The sample matrix interfered with the ability to make any accurate determination; Estimated J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated Nl-The component has been tentatively identified based on mass spectral library search and has an estimated value LAB AB44998 9W4702 0610312009 08:00 SMATHIS 6/22109 06/22/2009 1,13-Estimatetl concentration is < PQL and >MDL NE -No established PQL P-Elevated POL due to matrix interference and/or sample dilution 01-Holding time exceeded prior to receipt at lab. Q2- Holding time exceeded following receipt by lab PQL- Practice) Quantitation Limit -subject to change due to instrument sensitivity U- Samples analyzed for this compound but not detected Xt- Sample not analyzed for this compound Laboratory Section» 1623 Mail Service Canter, Raleigh, NC 27699-1623 (919) 733-3908 Page 1 of 2 1. NC WQ Laboratory Section 12esufts Sample ID AB44998 1.00ation ID: 4C076UP-WELCH Collect Date: 06101 Loc. Descr.: UPSTREAM -WELCH Collect Time:: 10:50 Visit ID • 0 UAb If Analyte Name PUL Result Qualifier Units Analyst/Uale Approved By /Date Sample temperature at recelpt by lab 1.9 °C HPARKER SMATHIS Method Reference 6r3N9 6rJ109 MIC BOD, 5-Day In liquid 2.0 2 U GS MOIL BSWANSON MOVERMAN McVrod Reference APHA52105 6r4W 622N9 Turbidity 1.0 44 NTU BSWANSON CGREEN Method Reference APHA2130B-20ih 6!J/09 6lf1109 NUT NH3 as N In liquid 0.02 0.02 U mg/L as N MAJAYI CGREEN Method Reference LaOD-107.06-1-J 6/4IW V10I09 . Total lgeldahl N as N In liquid 02 027 mg/L as MOVERMAN CGREEN Method Reference Lechal107-0&2-H 615109 6/12M9 NO2+NO3 as N In liquid 0.02 023 mg/L as N MAJAYI CGREEN Mel dReference Laclo-107-04-1{ 6I4N9 611W09 - Phosphor total as P In liquid 0.02 0.04 mglL as P GBELK CGREEN Mehod Reference Lac10115-01-1EF 615109 6/12/09 Laboratory Section 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 COUNTY RIVER BASH: REPORTTO p Ca LFA,i...I Office — SUS P—O Other : COLLECTOR(S) Est;m.ted BOD R..,: • Seed: Chlorinated: sgfioa « Boa case Dam a (yy/mm/dn 4x- 'I! 11%I X. r 5n ran ". I A I 11 o (j DIVISION COATER QUALITY %�,�.1 �-l" "�11 Chemistry Laboratory Report / Water Quality El SAMPLE TYPE MIORf1Y AMBIETT ❑ QA �.., I J� SIREAM JJJ���❑""""' EFFLIIENf COMPI CE �CH OF CUSTODY LAKE IN UENf ❑ EMERGENCY VISIrm 0 EMARY k k^ Date Itc,cmd U-,3 -01 rm,eR«ei..a: 6D Receiwd By : O Data Rcl scd Date Reported: Station Locafioa: `� pff—cam, Rem.,k,: l:U.. '�C�B/cC'LJ1 � L�-/�.1 \ `— \1� `l I �/� ` QIWAIi\IC'sl [ T`''/79 0cv— Date End(yy/mp;/dd) Time Heyiv_ Time End Depth -DM, DB, DBM Value Type - A, H,L CompositeT, S,H Type BOD 310 mg/L LTlmide 940 mp/L >QNH3 m N 610 -WL L4Lithium 1132 up/L COD High 340 *L ^LTKI4 an N 625 rowL Mg- Mwacmm 922 mgtL COD Low 335 mWL Chlorophyll a EPA 445 0 modified a Lion ug/L NO2 plus NO3 as N 630 -WL Mr -Manganese 1055 uP/L Coliform: MF Fed 31616 AMMI P: Totd mP665 mg/L Na-Sodium 929 mg/I. C.lifonn: MF Told 31504 1IMT Color: True 80 Cjnr PO4 as P 70509 m9fL ArsenieTota11002 up/L Colifine, tube Fecal 31615 Awrol Color(pH) 83 pH= on P: Diesolrxd n P 666 nVL Se -Selenium 1149 ugd. Calif.. Fecal Strep 316/3 /IOOmI Color: pH'/.682 cu. K-Potassium IM/L H&Mercury 7IWO up/L Residue: Total 500 mg/L Cyanide 720 -SfL Cd- Cadmium 1027 ug/L Be -Barium ug/L Volatile 505 mgrL Fluoride 951 mil. Cr-Chmmium:ToW 1034 ug/L Organochlmine Ptaticida Fiaed 510 -WL Formaldehyde 21880 VL Cu-Coppar1042 uWI- Orpnoophosphorne Pesticides Residue Suspended 530 n*fL Go. and Oils 556 n6fl. Ni-Nickel IOW ug/L Organanitmgm Pesticides Volatile 535 n8/1, Hardness Total 900 ruWL Ph. Iced 1051 ug/L Acid Herbicide Fixed 540 -1011. Specific Cord. 95 umh.dear Z Zinc 1092 uqL pH 403 coat MBAS38260 mMff. V-Vanadium ug/L Base/Neutd&Acid Extractable Orypnies Acidity to pH 15436 -WL Phenols 32730 ug/L Ag Sdw 1037 uWI, JTPH Dual Range Acidity to pH 83 435 -B L Sulfite 945 mg/L A1- Aluminum 1105 ug/L Alkalinity to pH 8.3415 ra,L Sulfide 945 mg/L Be -Beryllium 1012 ugfL Purble Organics (VOA hard. qd) ABodiney to pH 4.5410 ri,/L Boson Ca -Calcium 916 mg/L TPH Gasoline Mange TOC 680 m91L Tannin &Lipin ug/L. Co- Cobalt 1037 u,/L T WBTEX Gasoline Rnngc urbidiry 76 NU Heaavdent Chmmum ug/L Fe-han 1045 ug/L PhytopladNon Coliform Tmd Tube /100 m1 Bicarbonate mF/L Mo-Molybdmum ug/L Carbonate -TIL Sb-Antimemy ugfL Tatd Dh¢olved Solids mS(L Se-Tm ug/L T-Thdlium ug/L Ti-Titanium ug/L Hg-1631 ng/L jTca,,eratarr on artivd (aC): 1 r.),: . • m. peek Division of Water Qual 585 Waughtown St. Winston-Salem, NC 27107 Attention: Accounts Payable Kw,,rwI1K N,d Cadre 272GA1 June 2009 LAbORAwidgr ING TERMS: NET 30 "PAST DUE INVOICES ACCRUE INTEREST AT 1Y% INTEREST PER MONTH UNTIL PAID SHOULD COLLECTION BE REQUIRED, CUSTOMER AGREES TO PAY ALL EXPENSES INCURRED INCLUDING ATTORNEY'S FEES" RE: Post Offim gar 473 Wrdo= No, 103 Phone 336/996-2841 S, T. 6 T, 0 RESEARCH ANA[yTICA1 •°� $ " LAbORATORIES, INC. `Q Vo' " NC #34 z' Analytical/Process Consultations NC DENR DWQ Date Saraple Coilec.":d . 06/02/OD 585 Waughtown Street Date Sample Received : 06/02/09. Winston-Salem, NC 27107 Date Sample Analyzed : 06/02/09 Attn: Melissa Rosebrock Date of Report : 06/11/09 Analyses Performed by : AA Lab Sample Number 647046 647047 --------------------------------------------------------------- Parameter Storet # Results ------ ----- Results Fec Coli-MF (31616) Clients Sample Source Number Time Collected (Hrs) <1 col/100 ml 29 col/100 ml ------------ — — ---- -------------------- : 91 UPSTREAG!';:ri iiLCH C#2'=D'JWNSTREAh]`��WELCH. WELCH LIVE STOCK WELCH LIVE STOCK 1050 1110 P.O. Box 473 • 106 Short Street • Kernersville, North Carolina 27284. 336-996-2841 • Fax 336-996-0326 www.randelabs.com RESEARCh & ANA[yTICA1 UbORATORIES, INC. Analytical / Process Consultations Phone (336) 996-2841 CHAIN OF CUSTODY RECORD WATER I WASTEWATER MIS G.4 ■■■■■■■■■■■■■■■ • • i OEM ON on ■■■ ... .... . • • IL • t t •• • ■■�■■■■�■r■ ■+r.�■■■�� IN . ►.. ■■■■■■■■■�■ ■■■■■■■■■■■■■■■ ■i■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■�■■■■■■� ■■■■■■■■■■■on 0 ■■■■■■■■■■■■■■■ ■■■�■■■■■■■■i■■ ■■■■■■■■■■■■ ■■■ �■■■■■■i■■■■■■■i■ ■■■■■■■■■■■■■■■ �■■■■■■■■ ■■■i■■■■■■■■i■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■■ MEMO ■ O■■■■■■■■ Tedder, Steve From: Sent: To: Cc: Subject: Attachments: FYI- Pics attached. Contact: Tommy Welch Welch Livestock 3601 Millikan Road Mickey, Mike Thursday, May 28, 2009 2:30 PM Rosebrock, Melissa Tedder, Steve FW: complaint Welch manure pile.JPG; Welch Truck Wash # UPG; Welch Truck Wash # 2.JPG C336138a—a,5y� cep\ Sophia, NC 27350 (336)498-9355 o�Z�cCI'Ct�o�d��`S U.T. to Caraway Creek. Class "C" waters. Please note new E-mail address: Mike.Mickey@NCDENR.sov Mike Mickey NC Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4962 FAX: (336) 771-4630 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: Tedder, Steve Sent: Thursday, May 28, 2009 9:25 AM To: Mickey, Mike; Rosebrock, Melissa Subject: complaint a7350 received a call from Joe Millican 336-382-4721 in Randolph co. He has a neighbor in the cow business and he say he is digging holes with a dozer and burying manure and covering up. Said he has done this many times and is out there today with dozer doing the same. Has concerns about area wells. The farm in question is owned by Tommy Welch and its located near Sophia off Hwy 311 at the end of Millican Road. Mike, I know Melissa is in the field today but not sure where, but if she is near the area you might want to buzz her and let her know. Might save her a trip later. Tedder 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. Steve Tedder Co/a,/09 visif = g3,� _ fJin Page 1 of 1 50�a V)L a135� � el ch L� e Sia�K- Sod �� a135o http://www.co.randolph.nc.us/temp/BaseMap9_51_59_O.jpg 5/28/2009 oul 'waicim '966 L (0)146uAdo0 MA {� tt ` // -Y fir• �r _ N , -� %'" y_..rC"?i jl`r,i (�.,,�"r'\i ,"'�' l'.":;�'".k,: �"FI�' 4 �'+ y.l�,.,•� y44 JT ,-1 X11— '��l 4' qyi Y SI 1-7 � E` � "�('*�/j�ff�/.\,JV��.-'.`.'� �� rN{f�^ �7f-,�+�+: � Ky` e'"�4�� ^`� } It...,` w�,, Jr,� �j i�� ���� '+� ' 41. � 44• � �"-) . � !°�. ��� � '�+"f"+rare'Y 4��P'V,«.. � nJ" (. ��Y �"„M+....„, �� ,;...�' 7;�.V. �'`"��LYi �+ �, � M1�y 4�. 1""•..., �,• r'�. ,._,,, _.r''6'4.. ,�+, f Sj, re � �,`(' r _,� � .�i9 �,t,•' I�f�` :,.� � zit ?ial�a;s 1,� ylaM�t'J� , P t= •\,V,,,,...,t it 13. 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Cl • y `�` t�'n�t ,r It Y1691 ��� :•� '. �� , ',\ i'� A 1.i..�,""-'-"ice f _//•�� , / ��. , ��/I \ ',-;"`'S ++ ttC��t; 1�j � . 7 0 i �{J �•� . t`` � ('�\�'t_1 ,1 � ��/1C rl, ,.—�.ti,l �,J'_1�.— ..— !is=� ��1\ �C'�M1 �f\\L,_�./ Copyright (C) 1998, Maptech, Inc • �: ri `� ,, � _- �. - �,.,. a `� ;--- �r rl.�nc� y�� s ���l:�` �p��. hh. l� der. -,, < �: ,. =_ :.;�� - :':-d ��� � - so i ,,_ -..; t :�; i ..�r$.; ,'off>r ` "(A� )t . ��,i� (' t ��. �. ds �ti w ,,1 ` 1 /.' :. _� 9 6 � L�.� �. f _# Water g6ality Monitoring Field Meter Calibration 9}reet "onecrors: tw 1c_Lj r vL V_ v L tl. sf tud: Live— o L Sampling Location: 3601%, II Meter Model: Meter / Sonde Serial No: Date yy/mm/dd Time I 24hrhh:mm Initials Pre -Sampling Calibration W Ob OS vZ0 Post -Sampling Check Q Miscellaneous (Does not apply tl%kl 85 or Accumet Meters) Battery Geypl (V) Stirrer Working? JPre-Sampling Calibration I I Y / N Post -Sampling Check Y / N Battery Ranges = Surveyor: intern 5V, enter 11-13V; Quanta: 4.0-4.5W Dissolved Oxvnen (nni Temp. °C Initial % Saturation Barometric Pressure (mmHg) Altitude (ff.). D.O. Table Value Initial Meter Reading (mg/L) Calibrated Meter Reading (myy Calibrated % Saturation Pre -Sampling Calibration a3. 10 Cite. OO $ - $• -1 �' �• Post -Sampling Check a5'r • S a I �� OZr ......_-'......J.........._$.......... Within±0.5? Y N Oic Conductance (NS/cm at 250C) Lot#: A 816LI $ Dry Air 1.2 ConductivityoOndard 3 -S Zero(0) Value: Initial Meter Calibrated Initial Meter Ceiibraletl a Reatling Meter Reading Reading Meter Reatling ampling Calibration -&..— _(�)-- 5 3s Lot Ill off Calibration Value: �C Initial Meter Reading 9g(1 NOTE: Quanta reads in mS/cm; move decimal places right for pS/cm. t Dry Air CALIBRATIONS are conducted for 4s and MSS Hydrolabs only. 2 Dry Air CHECKS (confirmation of zero in dry air) are conducted for YSI 85. YSI 6920, & Quanta meters. a Conductivity standards are used to CHECK the YSI 85 meterand to CALIBRATE all Hydrolab meters and the YSI 6920. a Does not apply to Dry Air CHECKS or Conductivity Standard CHECKS (leave blank). DH (Sul . Lot#: 6-7a9 16 Lot#: 6901 oS� Z Buffer#1 B r#2 Confirmation 7.0 Buffer Temp: 93.3 4.0 10.0 Buffer Temp: Slope Efficiency' Buffer 7.0 Initial Meter Reading Calibrated Meter Reading Initial Meter Reading Calibrated Meter Reading Meter Reading Pre -Sampling Calibration b , 6 Q .....�.' -.1 3....... Post -Sampling Check �l 0D tu�ylI iiiiw wit ±o.1? Y N ............................ Wl' ±0.2? ........1...'.0............ Wi ' ±0.2? N Y N e Slope efficiency applies to Accumet meters only (does not apply to Hydroleb or YSI meters). Keep original on ale for 6 years Ver. 06/16/2007 • Rosebrock, Melissa From: Blackwood, Randy - Asheboro, INC [Randy. Blackwood@nc.usda.gov] Sent: Thursday, July 16, 2009 7:41 AM To: Rosebrock, Melissa Subject: RE: Dry stack $40,000 for the drystack $15-20 for a honeywagon/solid set $??? for waste holding structure for truck wash water From: Rosebrock, Melissa[mailto:melissa.rosebrock@ncdenr.gov] Sent: Wednesday, July 15, 2009 2:20 PM To: Blackwood, Randy - Asheboro, NC Subject: Dry stack Randy, I was trying to type in as you spoke and I think I missed something.... $40,000 for a dry stack? or was that for the honey wagon? You mentioned $10,000-$15,000... was this for the dry stack? or honey wagon? Thanks again!!! Melissa Rosebrock Environmental Specialist DENR- Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 Please note: my e-mail address has changed to melissa.rosebrock(a)ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Lmv and may be disclosed to third parties. QAb M,*A Al MP,-&�J4�, c�l) �e,eW& 7 \-VINs &4� ? 1fit z . o�es�a� M4, um)e- M IN f 14 410 ® G. Stream Classifications — Watershed Classification Attachment (Form WSCAS-12/07) If any portion of the sewer system project is within 100 feet of any surface water or wetlands, the Watershed Classification Attachment may need to be completed. A variance must be requested for encroachment within required setbacks or buffers pursuant to 2T .0305 (f) and be indicated in Item B-13 with supporting documentation/justification provided. ❑ H Environmental Assessments — If this project is subject to an Environmental Assessment (EA) [15A NCAC 01C], this application cannot be used. Send the project application on the most current version of Form PSFMGSA to the Design Management Unit, 1633 Mail Service Center, Raleigh, NC 27699-1633. Applications cannot be accepted until a Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) has been issued. A copy is to be submitted with that permit application. ❑ I. Flow Direction — Many wastewater treatment systems are entering into agreements for regionalization efforts and emergency treatment capacity. Parts of the system are installed so that the wastewater flow can be directed to more than one treatment facility. If this is the case with this project, please indicate in B(12) and give the permit number of the second treatment facility. ® J. Certifications — Section C The application must be certified by both the applicant and the design engineer who is a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(lb). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC Chapter 2T, the Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. THE COMPLETED FTA 12/07 APPLICATION PACKAGE, INCLUDING ALL SUPPORTING DOCUMENTS AND $480 FEE, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Cherokee, Swannanoa, North Carolina 28778 Clay, Graham, Haywood', Henderson, Jackson, (828) 296-4500 Macon, Madison, McDowell, Mitchell, Polk, (828) 299-7043 Fax Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Harnett, Hoke, Fayetteville, North Carolina 28301-5094 Montgomery, Moore, Robeson, Richmond, (910) 433-3300 Sampson, Scotland (910)486-0707 Fax Mooresville Regional Office 610 E. Center Avenue Alexander, Cabarrus, Catawba, Cleveland, Mooresville, North Carolina 28115 Gaston, Iredell, Lincoln, Mecklenburg, Rowan, (704) 663-1699 Stanly, Union (704)663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919) 791-4200 Northampton, Orange, Person, Vance, Wake, (919) 788-7159 Fax Warren, Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bartle, Camden, Chowan, Craven, Washington, North Carolina 27889 Currituck, Dare, Gates, Greene, Hertford, Hyde, (252) 946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252) 975-3716 Fax Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, New Wilmington, North Carolina 28405 Hanover, Onslow, Ponder (910)796-7215 (910)350-2004 Fax Winston-Salem Regional Office 585 Waughtown Street Alamance, Allegheny, Ashe, Caswell, Davidson, Winston-Salem, North Carolina 27107 Davie, Forsyth, Guilford, Rockingham, Randolph, (336) 771-5000 Stakes, Surry, Watauga, Wilkes, Yadkin (336)771-4630 Fax For more information, please visit our web site at: htto://Www.17ccoLnetlEngineering/Sewer•` o2OPermits.htmi or contact the Regional Office serving your county.