990005_CORRESPONDENCE_20171231

Rosebrock, Melissa
From: Joshi,l.R.
Sent: Monday, June 05, 2017 11:41 AM
To: Calloway, Leigh - NRCS, Yadkinville, NC; Rosebrock, Melissa
Subject: Cole-Gaige expansion
Hey Leigh,
I am currently reviewing the expansion package for the Cole-Gaige farm. For this, we basically make sure
that the animal numbers in the requested expansion match in all the documents (application, certification,
and the nutrient management plan).
The numbers requested for this expansion (as shown in the application and certification) are as follows:
Milking-150, Dry-40, Heifers 1,140, and Calves 230 with a total of 1,56o animals.
These numbers, however, do not appear to match with the nutrient management plan (NMP). The NMP
accounts for 1,094 heifers and 420 calves.
I was wondering if you could help explain this discrepancy. Please feel free to call me and we can sort this
out together.
Thanks.
Soil Scientist
DWR Animal Feeding Operations Branch
Department of Environmental Quality
919 807 6341 office
lava. iosh i 0.ncd en r. cov
1636 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699-1636
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Rosebrock, Melissa
From:
CHRISTOPHER E CASS <[e-mail]>
Sent:
Thursday, May 18, 2017 9:23 AM
To:
Rosebrock, Melissa
Subject:
Re: 2017 Inspection
It's a date, then.
I have this packet back from Leigh, getting it signed and mailed. Feels like we're going to actually finish this[
Thanks for all the help,
Chris
From: "Rosebrock, Melissa" <[e-mail]>
To: "CHRISTOPHER E CASS" <[e-mail]>
Sent: Wednesday, May 17, 2017 3:03:28 PM
Subject: RE: 2017 Inspection
How about Tuesday the 270'7 10am ish?
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa. rosebrock(5ricdenr.clov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem. NC 27105
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: CHRISTOPHER E CASS [mailto:[e-mail]]
Sent: Tuesday, May 16, 2017 1:38 PM
To: Rosebrock, Melissa <[e-mail]>
Subject: 2017 Inspection
Melissa,
I'd prefer the last of week June, 26th through 30th, any day is fine except I'd rather avoid Mon PM and Fri
AM... Just let me know,
Thanks

6. SURFACE WATER CLASSIFICATION:
This form must be completed by the appropriate DWR regional office and included as a part of the
project submittal information.
INSTRUCTIONS TO NC PROFESSIONALS:
The classification of the downslope surface waters (the surface waters that any overflow from the facility would flow toward) in
which this animal waste management system will be operated must be determined by the appropriate DWR regional office.
Therefore, you are required, prior to submittal of the application package, to submit this form, with items 1 through 6
completed, to the appropriate Division of Water Resources Regional Aquifer Protection Supervisor (see page 6 of 10). At a
minimum, you must include an 8.5" by I I" copy of the portion of a 7.5 minute USGS Topographic Map which shows the
location of this animal waste application system and the downslope surface waters in which they will be located. Identify the
closest downslope surface waters on the attached map copy. Once the regional office has completed the classification,
reincorporate this completed page and the topographic map into the complete application form and submit the
application package.
6.1 Farm Name: Cole-Gai eg Farm
6.2 Name & complete address of engineering firm: Not applicable
Telephone number: ( ) _ -
6.3 Name of closest downslope surface waters: Big Kennedy Creek
6.4 County(ies) where the animal waste management system and surface waters are located: Yadkin County
6.5 Map name and date: NC Surface Water Classifications Website
6.6 NC Professional's Seal (If appropriate), Signature, and Date: Not applicable
TO: REGIONAL WQROS SUPERVISOR
Please provide me with the classification of the watershed where this animal waste management facility will be or has been
constructed or field located, as identified on the attached map segment(s):
Name of surface waters: Big Kennedy Creek
Classification (as established by the Environmental Management Commission):WS-III, Mocksville water supply.
Proposed classification, if applicable: Not apfficable p
Signature of regional office personnel p �s�, arc �' Date:00/,Z01-7
(All attachments must be signed)
FORM: AWO-STATE-G-N/E 1/10/06 Page 4 of 5

Centerlines
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CITY
INTERSTATE
PRIVATE
STATE ROAD
US HIGHWAY
private
County Boundary
0
Parcels
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Town Limits
r <all othervalues>
1 BOONVILLE
BOONVILLE ETJ
EAST BEND
JONESVILLE
JONESVILLE ETJ
YADKINVILLE
YADKINVILLE ETJ

Cass -Plan Amendments Date: 5/8/2017
Customer(s): CHRIS CASS field Office: YADKINVILLE
Agency: NRCS
District: YADKIN Assisted By: LEIGH CALLOWAY
State and County: NC, Yadkin County, North Carolina
AKN V LU Prepared with assistance from USDA -Natural Resources Conservation Service
DELMA CHURCH MHP
KING JAMES
PINES DOWN
SPANN
UNNAMED ROAD
US 21
❑ countybounds
USDA
N
240 0 240 480 720 960
Feet

Centerlines
<Null>
CITY
INTERSTATE
PRIVATE
STATE ROAD
US HIGHWAY
private
County Boundary
13
Parcels
0
Town Limits
<all othervalues>
BOONVILLE
BOONVILLE ETJ
EAST BEND
JONESVILLE
r
I JONESVILLE ETJ
L� YADKINVILLE
1. YADKINVILLE ETJ
1 : 400 Feet

Ij"� NC Surface Water Classifications „, „. NC Classifications Websile
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Surface Water Clawifications:
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Stream Index:
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Stream Name: Big Kennedy Creek
Description: From source to
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Classification: WS-111
Pee-DeeRiver Basin: Yadkin
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What does this Class. More info
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Cass -Plan Amendments Date: 5/8/2017
Customens): CHRIS CASS Field Office: YADKINVILLE
Agency: NRCS
District: YADKIN
Assisted By: LEIGH CALLOWAY
State and County: NC, Yadkin County, North Carolina
AKNULU Prepared with assistance from USDA -Natural Resources Conservation Service
DELMA CHURCH MHP
KING JAMES
PINES DOWN
SPANN
UNNAMED ROAD
- US 21
❑ countybounds
USDA
N
240 0 240 480 720 960
Feet

Rosebrock, Melissa
From:
Calloway, Leigh - NRCS, Yadkinville, NC <[e-mail]>
Sent:
Tuesday, February 28, 2017 2:31 PM
To:
Rosebrock, Melissa
Cc:
Joshi, J.R.
Subject:
RE: Cole-Gaige Application
Hey Melissa,
Chris emailed me the day you left him a voicemail about the buffers. I explained to him what needed to be done and that
my office would be glad to help. I haven't heard anything from him since. So, no new applications have been completed.
Leigh Calloway
From: Rosebrock, Melissa [mailto:[e-mail]]
Sent: Tuesday, February 28, 2017 2:27 PM
To: Chris Cass <[e-mail]>; Leigh Calloway <[e-mail]>; Calloway, Leigh - NRCS, Yadkinville,
NC <[e-mail]>
Cc: Joshi, J.R. <[e-mail]>
Subject: Cole-Gaige Application
Chris and Leigh,
Just following up on an email I received from JR Joshi today, he is the permit writer in Raleigh. Here's what he wrote:
"Cole-Gaige Farm sent a waste plan with expanded numbers but no application or request to do so. I email Leigh
Calloway with the blank application. But nothing is here yet."
Has the application form been completed and submitted? Seems like I recall that buffers needed to be established
below the outdoor lot at the "new" location. Is this correct?
Thanks,
Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa. rosebrock(Mricdenr.pov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
t

•
Rosebrock, Melissa
From: Joshi, J.R.
Sent: Tuesday, February 28, 2017 11:22 AM
To: Rosebrock, Melissa
Subject: RE: Permit Renewal for AWf760065 Randolph Packing
Melissa,
Have them fill out this application and include a summary statement as to how they dispose of the waste and
whether they still have the fields listed on the permit available. Yes, they did submit a plan in 2002. They can attest
that nothing has changed. I will include that plan with this package then.
C2. I still have a couple of incomplete/waiting packages form WSRO. Cole-Gaige Farm sent a waste plan with expanded
numbers but no application or request to do so. I email Leigh Calloway with the blank application. But nothing is
here yet.
3. 1 have a waste structure plan from Sam Bingham for the Shady Grove Farm ( 99-12) expansion but no application or
waste plan yet. I have been waiting for this for a long time...
4. 1 guess you already are working with Miressa on the garland McCollum Farm. I think the consensus at the time of
the site visit you, Christine, and I did was to have them pay back fees before we could consider the zero animal
permit ? I have heard anything from them or anyone else. I will be glad to draft a permit once I get a go ahead.
Too many items for you today but just wanted to summarize for both you and I ...
Soil Scientist
DWR Animal Feeding Operations Branch
Department of Environmental Quality
919 807 6341 office
lava. ioshi Co7ncdenr.gov
1636 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699-1636
0- nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

0
From: Rosebrock, Melissa
Sent: Tuesday, February 28, 2017 10:47 AM
To: Joshi,l.R. <[e-mail]>
Cc: Linda Rich <[e-mail]>
Subject: Permit Renewal for AW1760065 Randolph Packing
J R,
This facility is attempting to complete the attached permit application and submit for permit renewal. I am trying to assist
Linda but we (WSRO) do not have a copy of their original application or the CAWMP. However, the fields, PAN, etc. are listed
in their permit. Did they even have an initial waste plan? All waste is hauled off by a permitted dairy from Chatham County
but Randolph Packing does maintain some fields in case they would need to apply.
Since there has been no changes since their initial permit request in August 2011 what do you suggest? Thanks for your
assistance.
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock(oncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
t ; MW
Nothing Compares,_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

CNO, 20130 GLO
Animal Waste Management Emergency Report Form
Hurricane:
Date call received: .7 $ 2p
Facility name: Cc/e - Ca' qC�Fqrm
Caller's name: Gh r i 5 (°,a SS
Time call received: A
Facility number. (7 D i 7 5 b—% 0 S/
Phone number.
Number of lagoons or waste storage ponds overflowing at the facility: -(G—
For each waste structure at the facility, list the number of inches remaining before waste
could overflow the dam or discharge through the spillway, and the condition of the embankment:
Structure Inches Does the structure have Is the embankment
a spillway (Yes/No) structurally sound (Yes/No)
1 �o rger S U P 'erg to I y V C? S
2 .SMaI�Pr�10w�7 rail \.IP.:S \/�j •
3
4
Person taking call

ANIMAL WA TE MANAGEMENT SYSTEM
OPERATOR IN CHARGE
DESIGNATION FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: 9 9- S County: a L
*************************************************************
OPERATOR IN CHARGE Lhr
Home Mailing Address 2S $ un U., , Rc�
City`-_S Af-,�U State WJ Zip 2 S- -
Certificate Social Security #
Work Phone7A 1- Home Phone Toy -sy`_ S7ez
Signature � � Date_
*************,/*J**/*********************************************
OWNER / A
Mailing Address 10--0,7 City /16,H
State Zip ­2O Telephone#% 4 6 8 -- 2
Signature
Date
Please Mail to: WPCSOCC
Division of Water Quality
P. O. Box 29535
REEED
Raleigh, N.C. 27626-0535 N.C. oepa o UIR
APR 2 9 2004
Winston-salem
_-_-- _ --- .-- _ _--- --- Regional Office
1 Post -It- brand f.'-'-ansmittal memo 7671 N of pages .
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RECEIVED
MAR 1 0 HE
llr. Office
..�=fice
March 10, 2003
Melissa Rosebrock
NC Dept. of Environmental and Natural Resources
585 Waughtown St
Winston-Salem NC 27107
Dear Melissa:
I am writing this letter to inform you that as of February 28, 2003, I am no longer associated
with Miller Brothers Farm. Being that I am no longer associated with the farm, I will no
longer be the operator in charge (certificate # 21383) of the waste management system of
facility 99-5. Please remove me as operator in charge of the named facility.
Sincerely,
+
j�.�
ckie Billings
cc Lester Miller

*Tnivo
N.C. Dept. of EHNR
November 28, 2001
DEC 0 3 2001
wulston-Selem-
Waw O iive
Melissa Rosebrock
Division of Water Quality
585 Waughtown Street
Winston-Salem NC 27107
Dear Ms. Rosebrock:
This letter is in response to the notice of violation issued to Miller Brothers Farm, #99-05 on
November 1, 2001. I have contacted Nancy Keith with the NC Cooperative Extension and
she is going to use the GPS maps that have been done on the farm since the initial waste
management plan was done. The waste management plan will be corrected so that all fields
on maps as well as acreage of all fields correlate with the plan. Soil samples will be taken in
spring 2002 and labeled according to correlation along with field numbers that are in waste
plan. If Southern States lab does not analyze for copper and zinc, the samples will be sent to
NCDA Soil Testing Lab for analysis.
The notice of violation also indicated that no commercial fertilizer had been recorded on
waste records. If any commercial fertilizers is applied on fields which receive animal waste
as well, the records will be transferred from the land leasee to the waste records. Land leasee
has been contacted and no commercial fertilizer has been applied in last three years.
I plan to immediately begin the process of issues noted in violation and hope to have resolved
by January 30, 2002.
Sincerely,
Lester Miller
cc Jackie Billings
Nancy Keith

ArFR
Q
CERTIFIED MAIL 7099 3400 0006 9313 7397
RETURN RECEIPT REQUESTED
Mr. Lester Miller
1209 US Highway 21
Hamptonville, NC 27020
r
SUBJECT: Notice of Violation
Compliance Inspection
Miller Brothers Farm, #99-05
}' Yadkin County
Dear Mr. Miller:
• Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Division of Water Quality
November 14, 2001
On November 1, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional
Office performed a compliance inspection at the Miller Brothers Farm in Yadkin County. Mr. Jackie Billings,
certified operator for the farm, was also present during the inspection.
While most farm operations appeared to be in good order, Staff noted several animal waste
recordkeeping violations and concerns that warrant your immediate attention. The following items should be
addressed in your response:
Z`Aw
NCDENR
Customer Service
1 800 858-0368
1. Most all crop fields and strips have been changed by the leasee (of the land) since the
Certified Animal Waste Management Plan (CAWMP) was originally completed. The
CAWMP must be revised by the owner's technical specialist to match the new cropping
system(s) and associated acres. This revised cropping information must also be made
available to the leasee of the dairy farm so that he, as the certified.animal waste operator,
may maintain accurate records regarding waste application rates and the plant available
nitrogen (PAN) balance for each crop. This will entail extensive communication and
cooperation between all parties involved in the animal waste handling operation: the leasee of
the cropland, the leasee of the dairy operation, and owner.
2. We could not confirm that a soil analysis had been performed for any fields receiving animal
waste since the 2001 soil samples obtained by Southern States were not identified in a
manner that matched any of the fields in the CAWMP. Additionally, the analyses performed
by Southern States did not analyze for copper and zinc. These analyses must be performed as
well.
Division of Water Quality / Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax [phone] Internet. http://wq.ehnr.state.nc.us
;4�5� �, 1 v>Z�

Miller Brothers Farm
November 14, 2001
Page 2
3. A review of the waste application records also revealed that applications of commercial
fertilizer made to animal waste application fields had not been recorded. The amount and
location of commercial fertilizer applied by the land leasee to all fields that receive animal
waste must also be furnished to the animal waste operator.
Note that failure to maintain adequate records as described above is a violation of NCGS 143-
215.1, the CAWW, and your deemed permit. Be advised that North Carolina General Statutes provide
for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state
environmental laws and regulations.
I
A written response must be submitted to this office within 30 days of receipt of this Notice indicating
the actions taken to correct the problems noted in this letter. This written response should include an explanation,
of `when and how" the problems have been corrected. Please address your response to the attention of Ms. p
Rosebrock at the address shown on the letterhead.
C
The Winston-Salem Regional Office appreciates your cooperation in these matters. If you have any
questions concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
9), czt f-k-
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Mr. Jackie Billings.- Certified Operator
Yadkin County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD WSRO
Nancy Keith — NC Cooperative Extension Service
S O-Facilit -Files--
Central Files

IA , ,�.—•,_;y:� PtlFonrsst:SCg
lea.s&..FM-eaiUNITED STATES POSTAL SERVIOPM SP
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�PeYrr it No. G-10�
• Sender: Please prinfTouTliati'e, address,
NC DENR
WATER QUALITYSECTION-m ECEIVED
585 WAUGHTOWN STREET N.C. Dept. of EHNR
WINSTON SALEM NC 27107-2241 NOV 19 2001
Winston-Salem
aIs I„iili,iiliiilllliiiliriliriiiiriiiiri[lrliiiiiilrrliiriiiill

,• Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
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 Lester Miller
1209 US Highway 21
Hamptonville NC 27020
A. F pceived by fPleafe Print Clearly) I B1 Date of
0
C. Slonature in i
❑ Agent
�"d+6�• �/Gi/u�,.�i ,�j'w,. ❑ Addressei
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3, Service Type
Certified Mail ❑ xpress Mail
❑ Registered Fteturn Receipt for Merohandisi
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy Irom service label)
jf1Q`f W; o006 43/3 7A"17 � i ; 1 i iii 1 i�l it !i i doy
PS Form 3811, July 1999 ' Domestic Return Receipt 102595-00-M-0952

4 Fo« m4", . o,O
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ANIMAL WASTE MANAGEMENT SYSTEM
OPERATOR IN CHARGE
DESIGNATION FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
F . 22
Facility ID Number. 99-d .S County: U/YL/l: ,J
*x**s*sss*:�«***x****ss#***ss*sTs=x:x*=*ttttt*tttttssssss****t
OPERATOIXIN CHARGE le
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Work Phone - b Home Phone a2z jz2L
Signature Date �d —/6 —48
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Mailing Address /1 o S z/ City 1� r Gl�
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Please Mal to: WPCSOCC
Division or Water-)uauty
P. 0. Box 29535
Raleigh, N.C. 27& r0535
a 86 7S"-

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LJ
State of North Carolina
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: L.F. Miller
Miller Brothers Farm
2644 Walker Branch Road
Hamptonville, NC 27020
Dear Mr. Miller:
1�
NCDENR/.��
\J NORTH .ROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Octpber 12, 1998
RECEIVED
N.C. DePt. of EHNR
OCT 14 ims
Winston-Salem
Regional Office
Subject: Special Agreement
Facility Number: 99-5
Miller Brothers Farm
Yadkin 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 How E.
ATTACHMENTS
cc: Winston=Salem Regional-Office-w/attachment
Yadkin 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
ENVIR MENTAL MANAGEMENT CO SSION
Y COUNTY OF YADKIN
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 99-5
L.F. MILLER
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by L.F. Miller, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143E-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 2H .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 w.tste management plan to he 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 terms.
Nothing in this Special Agreement shall be taken as absolving or relieving
OWNER" from any responsibility or liability for discharges of animal waste to
surfac 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 October 15, 1998.

Farm Number: 99-5 • •
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.
"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;
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 "OWNER'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).

v
Farm Number: 99-5 •
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 Miller Brothers Farm
i(6r Jrof,Fh-WI_s W(,, _1,56-Tr6. 4 z, F- I'1 �eiEr
Print Name of Owner
���
e� � r//� Date zQ
gnature of Owner
For the North Carolina Environmental Management Commission:
Date /9 8- a8•
Chairman of the Commissi n

State of North Caro
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. L.F. Miller
2644 Walker Branch Road
Hamptonville, North Carolina 27020
SUBJECT:
Dear Mr. Miller:
NA
IDEHNF-R
DIVISION OF SOIL AND WATER CONSERVATION
May 23, 1997
RECEIVED
N.C. Dept. of EHNR
MAY 2 8 1997
Winston. -Salem
Regional Office
Operation Review Summary
Hwy. 21 Dairy (Miller Bros. Dairy)
Facility No. 99-05
Yadkin County
On May 12, an Operation Review was conducted of Hwy. 21 Dairy (formerly Miller
Bros. Dairy), facility no. 99-05. This Review, undertaken in accordance with G.S. 143-
215.10D, is one of two visits scheduled for all registered livestock operations during the 1997
calendar year. The Division of Water Quality will conduct a second site inspection.
4-`A�
It was -determined that no corrective actions are necessary as the result of this Review,
since waste was not being discharged to the waters of the State, and the animal waste
collection, treatment, storage and disposal systems were maintained and operated under the
responsible charge of a designated operator.
Please remember that you are required to obtain and implement an approved animal
waste management plan by the end of this year, and have a certified waste operator. The
plan must be certified by either a designated technical specialist or a professional engineer.
For additional assistance with the plan or the certification course, please contact your local
Soil and Water Conservation District Office or local Cooperative Extension Service Office.
919 North Main Sheet, ��y� FAX [phone]
� C An Equal Opportunity/Affirmative Action Employer Mooresville, North Carolina 28115 N�
Voice704-663-1699 50% recycled/ 10% post -consumer paper

Mr. L .F. Miller
May 23, 1997
Page Two
The Division of Soil and Water Conservation appreciates your cooperation with this
Operation Review. Please do not hesitate to call me at 7041663-1699 ext. 277 if you have
any questions, concerns or need additional information.
Sincerely,
ose�C.2immerman
Environrr"tal Engineer
cc: Jacky Billings, Farm Operator
Yadkin Soil and Water Conservation District
Corey=Bassinger-D WQ=lnspector_for—Yadkin-Co9
DSWC Regional Files

Facility Number 99 5
Farm Status:
Blow-up of DSWC review Q Other
Date of Inspection 5/12/97
Time of Inspection 16:29 24 hr. (hh:mm)
Total Time (in fraction of hours �
(ea:1.25 for I hr 15 min)) Spent on Review 2.2
or Inspection (includes travel and processing)
FarmName: Mi11er.Bzo1hers.Farm................................................................................ County: Yadkin............................................... WSHO........
OwnerName: I..F............................................ Mer .......................................................... Phone No: 910.46.8-97.i2..........................................................
Mailing Address: 2.644..WgjkCl.BrAjUC A.Bd.................................................................. 11AMPIAAY.1110...N.C............................................... Z70.2.0 ..............
Onsite Representative: Jacky.RjUWgt............................................................................ Integrator:
Certified Operatoi
Location of Farm:
Latitude F 36 • 03 04
Operator Certification Number: ..........................................
Longitude 80 • 45 08 u
113 Not Operational Date Last Operated:
Type of Operation and Design Capacity
Swine Number
❑ Wean to Feeder
❑ Feeder to Finish
Farrow to Wean
Farrow to Feeder
Lj Farrow t0 lms
Poultry Number Cattle Number
❑ Layer ® Dairy 350
❑ Non -Layer I JLJ Non -Dairy
❑ Other
I Number of Lagoons / Holding Ponds: 2 jl❑ Subsurface Drains Present I
❑ Lagoon Area ❑ Spray Field Area
General
1. Are there any buffers that need maintenance/improvement?
❑ Yes
®No
2. Is any discharge observed from any part of the operation?
❑ Yes
® No
a. If discharge is observed, was the conveyance man-made?
❑ Yes
®No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
❑ Yes
® No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
❑ Yes
®No
3. Is there evidence of past discharge from any part of the operation?
❑ Yes
® No
4. Were there any adverse impacts to the waters of the State other than from a discharge?
❑ Yes
®No
5. Does any part of the waste management system (other than lagoons/holding ponds) require
❑ Yes
®No
maintenance/improvement?
Continued on back

6. Is fapil}tynot in compliance with any appli le setback criteria?
7. Did the facility fail to have a certified o. fn responsible charge (if inspection after 1/10
❑ Yes H No
❑ Yes N No
8. Are there iagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons and/or Holding Ponds).
9. Is structural freeboard less than adequate?
Freeboard (ft): Lagoon 1 Lagoon 2 Lagoon 3
..................4.....................................5................... ...............................
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ............... urn.CStlagc.x&..Gzaiml.............. ............................... =ass................................
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the cover crop need improvement?
19. Is there a lack of available irrigation equipment?
For Certified Facilities Only
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
23. Does facility require a follow-up visit by same agency?
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge?
❑ Yes H No
Lagoon 4
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes H No
❑ Yes H No
❑ Yes H No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes N No
❑ Yes H No
Comments (refer to question #): Explain any 'YES answers and/or any recommendations or any other comments. 99 —5
Use drawings of facility to betterexplainsituations. (use additional pages as necessary):
Dperation is in good condition with only one phase left to complete for certification. There will be a holding tank placed at on shed
and the waste will be pumped from there to the lower (new) lagoon/pond. Pond berms and dam could use mowing but are in good
:ondition. No problems or discharges were observed. Operation is uder a 10 year lease to Mr. Jacky Billings. Farm Address is
1205 US Hwy 21,. Hamptonville, NC. 27020.
Reviewer/Inspector Name J 'bC''a
Reviewer/Inspector Signature ��. ^ _ Date:
cc: Division of Water Quality, W;ler Quality Section, Facility Assessment Unit 11/14/96