970018_CORRESPONDENCE_20171231

/YIC I �Ss�✓. roszl�: o�►z n Aden r c o
iiigatton Equipment Field Calibration Form
Farm Name
Equipment Identification: rtt
Flow Meter Serial Number (if applicable):
Type of System (Circle One): Stationary Traveling) Center Pivot
IA Designed/Expected Observed/Measured
Gun/Sprinkler Model: /CQi u17! rd'J
Nozzle Type: /a per
r r�'to�51�
Ring/ Nozzle Diameter (in.):
- 8 �
Nozzle Pressure (psi.)
*Is observed pressure operating within the range recommended by the manufacturer or specified in the irrigation design documentation? YES
IVO
Wetted Diameter (ft.): ** 3
0observed nozzle pressure? YES NO
)
Flow Rate (gpm)
*** Is the o )served flow rate within 10% of the value specified in the irrigation design or as was determined during the wettable/effective irrigated acre determination?
YES NO
Observed Flow Rate Determined by: Chart Calibrated Flow Meter
NOTE: The observed flow rate must be determined using EITHER: 1) gun/sprinlder, orifice diameter, OR 2) measured with an approved, calibrated flow meter.
Person Performing Calibration kd,,,,t M. Date 10 Illo. 14_
(Signature)
DWQ-Cal-Form 12/2009

AGRA.
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 19, 2010
Robert M Hayes
1701 Mining Ridge Church Rd
Elkin, NC 286218035
Subject: Notice of Deficiency #NOV-2010-PC-0597
Robert Hayes Farm
Permit No. AWC970018
Wilkes County
Dear Mr, Hayes:
Natural Resources
Dee Freeman
Secretary
During the Fall or Winter of 2009-2010, a representative of your animal operation informed the
Division of Water Quality (DWQ) Winston-Salem Regional Office that there was inadequate freeboard in
the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section III. No.
13) states that the "Permittee shall report by telephone to the appropriate Division Regional Office as soon
as possible, but in no case more than twenty-four (24) hours following first knowledge of the... failure to
maintain storage capacity in a Iagoon1storage pond greater than or equal to that required in ... this General
Permit." We appreciate the fact that you reported the problem of high waste level as required by your
permit and have worked with our staff to manage the problem once it occurred.
While we recognize the extraordinary weather conditions existing at the time, the lack of adequate
freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to
your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ.
The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made to resolve the
problem once identified, and efforts proposed to prevent future problems have all been factors in our
decision regarding enforcement. Upon review and consideration of the information submitted and/or
discussed with DWQ staff, the Winston-Salem Regional Office has determined that a Notice of Deficiency
(NOD) is appropriate and that no further compliance/enforcement actions will be taken by the Division for
the high waste levels occurring between October 2009 and March 2010.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
This may include, but is not limited to, water conservation practices, adding additional application sites,
updating your cropping systems, adding additional and / or more flexible application equipment, and main-
585 Waughtown Street, Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] One
Internet:w .ncwatemualitv.om NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer
Naturally

High Freeboard NOD
May 19, 2010
Page 2
taining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year.
Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and
implement any needed changes to your system.
Thank you again for your cooperation. If you have any questions regarding this letter, please do not
hesitate to contact the Winston-Salem Regional Office at [phone].
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
CC: WSRO Facility File
DWQ-APS-Animal Feeding Operations Unit
Joseph Hudyncia — DSWC WSRO
APS Central Files — Permit No. AWC970018

� W ATF y�- Michael F. Easley, Governor
O 9 wlde William G. Ross Jr., Secretary
\O� QG North Carolina[ ,r!hent of Environment and Natural Resources
r -+ Alan W. Klimek, P.E. Director
Division of Water Quality
O <
May 1, 2003
CERTIFIED MAIL 7001 2510 00014778 5673
RETURN RECEIPT REQUESTED
Mr. Robert Hayes
1701 Mining Ridge Road
Elkin, NC 28621
SUBJECT: Notice of Violation - Compliance Inspection
Robert Hayes Farm, #97-18
Wilkes County
Dear Mr. Hayes:
On April 22, 2003 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional
Office performed a scheduled compliance inspection at your dairy. Susan Massengale, Public Information
Officer for the Division of Water Quality (DWQ), was also present during the inspection.
On the date of the inspection, staff observed that the waste level in the waste storage pond was three
inches above the maximum liquid level. Additionally, records indicate that the Winston-Salem Regional Office
was not notified of the high waste level prior to the inspection. Failure to maintain the waste level below the
maximum liquid mark and failure to report this infraction are both violations of your Animal Waste
Operation Permit. It was also noted, however, that the waste was pumped and land -applied so as to be back in
compliance within 24 hours.
Additionally, waste application records indicate that animal waste was irrigated onto a field designated
for pump -and -haul application only in your Certified Animal Waste Management Plan (CAWMP). While this
office understands the constraints regarding the use of a "honey wagon" due to soil conditions, failure to abide
by the CAWMP is a violation of the Animal Waste Operation Permit. We have already received a call from
the Wilkes County SWCD informing our office of your efforts to address this concern through a CAWMP
revision.
The WSRO appreciates your efforts to address the above violations so promptly. If you have any
questions concerning these matters, please contact Melissa Rosebrock or me at [phone].
Sincerely,
Steve Mauney
Water Quality Supervisor
cc: DWQ-Non Discharge Compliance and Enforcement Unit
Wilkes County NRCS/SWCD
Marlene Salyer-DSWC WSRO
Rockv Durham-DSWD MRO
N. C. Division of Water Quality/Water Quality Section 585 Waughtom Street Winston-Salem, NC 27107 [phone]
ENnOR
Customer Service
1 800 623-7748

N stal Service
CERTIFIED MAIL RECEIPT
(Domestic CMail Only, No Insurance Coverag*ided)
O F- I _. Uap._
M1 Postage S M Q
[� -
S ` Cerlitlod Fee
Poslmerk
A Retum Receipt Foe Here
O (F-^�wsemmt RequlreM
OP=MaW DelNery Fee (Fndw eet Requlreco
O
TOM I
Mr Robert Hayes
smt To
1701 Mining Ridge Road
,a
srre' ,
Elkin NC 28621--------
O
wPoB
C3
Gry Se

■ Complete items 1, 2, and 3. Also complete A. Signature ,
item 4 if Restricted Delivery is desired. X"'
■ Print your name and address on the reverse /lG
so that we can return the card to you. B. Received by ( Printed Name)
■ Attach this card to the back of the mailpiece;
or on the front if space permits. m 1 .2
1. Article Addressed to:
Mr Robert Hayes
1701 Mining Ridge Road
Elkin NC 28621
❑ Agent
C. Date of Delivery
D. Is delivery address different from item 17 ❑ Yes
If YES, enter delivery address below: 0 No
3. Service Type
Certified Mail 0 Express Mail
❑ Registered Return Receipt for Merchandise
❑ Insured Mail /❑ C.O.D.
4. Restricted Delivery?(Extra Fee) rl vaa
7001 2510 0001 4778 5673 NOV
1, August 2001 i i (Domestic Return Receipt 102595-02-M-0e3!

UNITED STATES POSTAL SERVE.
PM
• Sender: Please pri
RECEIVED
N.C. Gtipt. of EMIR
NC DENR MAY 0 5 2003
Water Quality Section ry� (�
585 Waughtown StreetjnslQF1—
Winston-Salem NC 27107-2241 Safem
Regional offPeB
93 Inl�llinlnillllmin JnlilJl�Il�lll�l�l it��lnl�l�ll �l l�

• NORTIPAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August ,%, 2000 DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
CERTIFIED MAIL 7099 3220 0006 8502 5011
RETURN RECEIPT REQUESTED
Robert M. Hayes
1701 Mining Ridge Church Road
Elkin, NC 28621
Subject: Notice of Violation
Animal Operation Site Inspection
Robert Hayes Farm
Facility # 97-18
Wilkes County
Dear Mr. Hayes:
Melissa Rosebrock of this Office conducted a site inspection at your facility
on August 4, 2000. Although the waste handling system and other farm operations
appeared in good condition, the record keeping system needs improvement.
Staff noted that the information in your waste application records was not
complete. Specifically, a waste analysis was not performed within 60 days of the
March and May 2000 application dates. Note that waste and soil analysis records
once obtained, must be kept for a minimum of five years.
Failure to have the above components available and complete is a violation of
your Certified Animal Waste Management Plan (CAWMP). Remember that
waste applications should be applied during the time the crop can utilize the
nutrients in the waste. In general, waste should be applied no earlier than 30 days
prior to planting.
If you have any questions concerning this matter, please do not hesitate to
contact Melissa Rosebrock or me at [phone].
Sincerely,
Larry D. Coble
Water Quality Regional Supervisor
cc: Wilkes County SWCD/NRCS
DWQ-Nondischarge Compliance and Enforcement Unit
Rocky Durham - MRO
Central Files
r :• ,acility F,7
565 WAV GHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE[phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109e' POST -CONSUMER PAPER
3�

UNITED STATES POSTAL SERVICE
ICC
• Print your
Wins Ierri'
NC DENR Reg"in adi office
WATER QUALITY - M 9,
585 WAUGHTOWN STREET
WINSTON-SALEM NC 27207

❑ Complete items 1 and/or 2 for additional services.
Complete items 3, 4a, and 4b.
❑ Print your name and address on the reverse of this form so that we can return this
card to you.
❑ Attach this forth to the front of the mailpiece, or on the back if space does not
permit.
❑Write 'Return Receipt Requested' on the mailpiece below the article number.
❑ The Return Receipt will show to whom the article was delivered and the date
I also wish to receive the follow-
ing services (for an extra fee):
u
1. ❑Addressee's Address Z
2. ❑ Restricted Delivery in

State of North Caro
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary '
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Robert Hayes
Robert Hayes Farm
1701 Mining Ridge Church Road
Elkin, NC 28621
Dear Mr. Hayes:
Ac4 Ai�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 5, 1998
RECEIVED
N.C. Dept. of EHNR
NOV 12 1998
Winston-Salem
Regional Office
Subject: Special Agreement
Facility Number: 97-18
Robert Hayes Farm
Wilkes County
Attached for your records is a copy of the signed Special Agreement approved by the
Environmental Management Commission.
The terms and conditions of the Special Agreement are in full effect. If you have any
questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733-
5083, extension 581.
Sincerely,
A. Preston Howard, Jr., PLE
ATTACHMENTS
cc: Witiston-Salem-Regional_Office:w/atEachmen�
Wilkes County Soil and Water Conservation District w/attachment
Facility File w/attachment
Central Files w/attachment
Shannon Langley w/original attachment
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

NORTH CAROLINA
ENVI NTAL MANAGEMENT CO SSION
COUNTY OF WILKES
IN THE MATTER OF_ )
SPECIAL AGREEMENT
FACILITY NUMBER:- 97-18
ROBERT HAYES
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Robert Hayes, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 211.0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its teims.
{f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph l(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by July 31, 1999.

Farm Number: 97-18•
Special Agreement
Page 2
•
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H :0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken,'and a statement -
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWRER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S..15013-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 97-18
Special Agreement •
Page 3
•
7. The "OWNER', upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Robert Hayes Farm
/io 6 p�7 tob ell
Print�aameeoof Owner
Date
Signature of Owner`
For the North Carolina Envilonmental Management Commission:
r
Date
lr� Chairman of the Comnussion

It
.F
- State of North Carl
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
riIL
NCDENI%
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
N.C. Dept. of EHNR,
MR 0 5 1998
Winston-Salem
Regional Cffic,
SUBJECT: Application for special agreement (�
Please find attached a copy of application for special agreement for facility number 7 7
Any comments that the regional office can provide on the issuance of a special agreement to this
facility by the EMC would be greatly appreciated. Please provide any comments in writing (e-
mail messages are acceptable) to me as soon as possible.
Thank you for your timely assistance in this matter. If you have any questions, please call me at
733-5083, ext. 581.
ATTACHMENT
ASSIGNED TO
C;tJ DATE-- —
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recyded/10 % post -consumer paper

State of North Carolina
Department of Division
Environmentoe and
Natural Resources
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT)
I, GENERAL INFORMATION:
A� NAYeS
1. 0 Applicant (Owner of the Facility): ObeRT m
2. Facility No.:
3. Facility Name: Robe I a*!-> FORM
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
legally responsible for the facility and its compliance):
RobejzT M. ne
5. Mailing Address: " — 7 R LI
—
City: L I k ut State: NC— — ZrP: .� —
Telephone No.: (le) q S I" 83to"1
6. County where facility is located: 1,,i1LKe5
7. Operation Type (Swine, Poultry, Cattle):
8. Application Date: Z1141
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
al
As per Senate Bill ) m y enter which �intoas ratspec al agreement won June 21, ith an operator perator whotregiste eby Management
Commission (EMC) )'
September 1, 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste management plan by a date certain and shall provide that the EMC shall
apprrovue a notice of violation for failure to have an approved animal waste management plan so
not
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office. or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ•
1. Date facility requested assistance from their local Soil & Water Conservation District
Page 1 of 4
FORM SPAG V98

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

II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
ate on which animals were most recently restocked at
implemented. Please also list the d
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
Applicant's Certification:
I � w attest this application for a Special Agreement
with the EMC ha een reviewed by me and is accurate and complete to the best of my
knowledge. I understand if all required parts of this anolicalion J.ar, of completed andnacifa l will
Date
Signature of Owner
FORM SPAG 1/98 Page 3 of 4

ut
1
Required Items:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE COMPLIANCE/ENFORCEMENT UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
FORM SPAG 1/98
Page 4 of 4