990008_CORRESPONDENCE_20171231

Rosebrock, Melissa
From: Calloway, Leigh - NRCS, Yadkinville, NC <[e-mail]>
Sent: Tuesday, April 25, 2017 11:35 AM
To: Rosebrock, Melissa
Subject: Updates
Update:
LI've finished a draft copy of Koopman's waste plan and sent it to him for review.
I've received all of Smitherman's converted soil samples. Was not able to import the cvs files produced by the lab. I will
now begin the process of matching samples to fields and then entering them one by one.
I have on my calendar to call Cass next week.
Louis is not actively working on his closure due to corn planting and too much rain.
I've not heard anything from Riley.
Leigh
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0
NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Armo LLC
Armo LLC
204 Loyd Rd
Statesville, NC28625
February 12, 2015
Natural Resources
Donald R. van der Vaart
RECEIVED Secretary
N.C. Dept. of ENR
FEB 13 2015
REGIONALOFFI E
Subject: Notice of Deficiency: NOD-2015-PC-0059
Arno LLC
Permit Number: AWC990008
Yadkin County
Dear Permittee,
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of
Water Resources (Division).
The foil wing invoices are outstanding:
Invoice Number
Due Date
Outstandin Fee ($)
2013PR000033
2/7/2013
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may
issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any
"person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as
requested within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617 .
Phone: [phone]
-contd.-
1636 Mail Service Center, Raleigh, North Carolina 276991636
Phone: 91M07-64641lnterneC http://www.ncwater.org
An Equal opportunity I Affirmative Action Eni fter - Made in part by recycled paper

0
If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWC990008)

• 4 •
NCDENR
North Carolina Department of Environment and Natural F
Pat McCrory
Governor
January 27, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Armo LLC
Arno LLC
2940 Chinquapin Rd
Yadkinville, NC27055-7055
Subject: Notice of Deficiency
Armo LLC
Permit Number: AWC990008
Yadkin County
Dear Permittee,
N.C.060t. of ENR
FEB 12 2015
Winston-Salem
Donald R. van der Vaart
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of
Water Resources (Division).
The following invoices are outstanding:
Invoice Number
Due Date
OutstandingFee ($)
2013PR000033
2/7/2013
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may
issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any
"person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as
requested within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: http://www,ncwater.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

If. you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
J t,Aj�
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWC990008)

• RECEIVED
N.C.Dept. of ENR
AG'APA ML 0 7 2014
NCDENR Winston-Salem
R2gional Office
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 2, 2014
Ben Shelton
Shelton Dairy Properties IV
178 Holstein Ln
Olin, NC 28660
Subject: Additional Information Request
Application No. AWC990008
Shelton Dairy Properties IV
Yadkin County
Dear Ben Shelton:
John E. Skvada, III
Secretary
The Animal Feeding Operation Branch of the Division of Water Resources (Division) has completed a
preliminary review of your renewal permit application package. Additional information is required
before we may continue our review. Please address and submit the following item(s) within 30 (thirty)
days of receipt of this letter:
Missing Waste Utilization Plan and Field Maps:
Our records show that a copy of your waste utilization plan (WUP) or nutrient
management plan (NMP) along with the field maps is missing with your permit application
package.
Please reference the subject application number when providing the requested information. All revised
and/or additional documentation shall be signed, dated and sent to my attention at the address below.
Information can also be submitted electronically at [e-mail].
Please feel free to contact me at [phone] if you have any questions regarding this letter,
Sincerely,
J. R. Joshi
Animal Feeding Operations Branch
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Unit Central Files - AWC990008
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] \ Internet: http://w .ncdenr.izov/
An Equal opportunity \ Affirmative Action Employer— Made in part by recycled paper

N.C. Dept. of ENR
1AN 0 920114
NCDENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
Ben Shelton
Shelton Dairy Properties IV
178 Holstein Lane
Olin, NC 28660
Dear Ben Shelton:
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
January 6, 2014
Winston-Salem
John E. Skvada, III
Secretary
Subject: Certificate of Coverage No. AWC990008
Shelton Dairy Properties IV
Cattle Waste Collection, Treatment,
Storage and Application System
Yadkin County
In accordance with your Notification of Change of Ownership received December 27, 2013, we are
hereby forwarding to you this Certificate of Coverage (COC) issued to Ben Shelton, authorizing the
operation of the subject animal waste management system in accordance with General Permit
AWG200000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the Shelton Dairy Properties IV, located in Yadkin County, with an animal capacity
of no greater than the following annual averages:
Dairy Calf:
Dairy Heifer:
Milk Cow: 375
Dry Cow:
Beef Stocker Calf:
Beef Feeder:
Beef Brood Cow:
Other:
The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void
Certificate of Coverage Number AWC990008 dated October 1, 2009. Pursuant to this COC, you are
authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Please pay careful attention to the
1636 Mail Service Center, Ralegh, North Carolina 27699-1636
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.nmterouality.oro
An Equal Opportunity 1 Affirmative Action Employer

If your -Waste Utilization Plan (WUP) has been developed based on site -specific information, careful
evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, then an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
In accordance with Condition II.22 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watch/warning information for your county by calling the Blacksburg/Roanoke, VA
National Weather Service office at [phone], or by visiting their website at:
www.erh.noaa.gov/er/mk/
This facility is located in a county covered by our Winston-Salem Regional Office. The Regional Office
Water Quality Regional Operations Section Staff may be reached at [phone]. If you need
additional information concerning this COC or the General Permit, please contact the Animal Feeding
Operations Branch staff at [phone].
Sincerely,
for Thomas A. Reeder
Enclosure (General Permit AWG200000)
cc: (Certificate of Coverage only for all ccs)
Winston-Salem Regional Office, Water Quality Regional Operations Section
Yadkin County Health Department
Yadkin County Soil and Water Conservation District
WQROS Central Files (Permit No. AWC990008)
AFO Notebooks

r I�... RECEIVED
N.C. Dept of ENR 'sue
Otification of Change of Ownership .
Animal Waste Management Facility DEC 12 2013
(Please type or print all information that does not require a signature)
Ll9NSTON��-�SALEM
In accordance with the requirements of 15A NCAC 2T .1304(c) and 15A NCAC 2T .1305(d) this form is official noificationE
to the Division of Water Resources (DWR) of the transfer of ownership of an Animal Waste Management Facility. This
form must be submitted to D WR no later than 60 days following the transfer of ownership.
General Information:
Previous Name of Farm: l � I 6 ro-in clO r FQ1- rh Facility No:
Previous Owner(s)Name: 131-ar1ilon PhoneNo:_
1 er(s) Name: bet'-, 51 e�l �O yl Phone No:_
me (if applicable): Sh 21 `Or\ IiGll r- y pro p P'r+i es Tr
v�l�ddress: 1 -115 1401 stet to I�ah e , Ol I n , 0 L 3-g6 (oG
Ug
4lp3- a175
5 y� - aa�Otn1
) d$i-S(,6-7 c
Farm Location: Latitude and Longitude: 3 03 iS / —W 38 1
'36 County: yoA \Lt►,
Please attach a copy of a county road map with location identified, and provide the location address and driving directions
below (Be specific: road names, directions, milepost, etc.): & /A — No C--"e—
Operation Description:
Type ofSwine No. of Animals
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Type of Poultry No. of Animals
❑ Layer
❑ Pullets
Type_ �Cattle
P. Dairy
❑ Beef
No. of Animals
3ZS
Other Type of Livestock: Number of Animals:
Acreage Available for Application: Required Acreage: nl1 A
Number of Lagoons / Storage Ponds: Total Capacity: Cubic Feet (ft3) N/ik
Owner / Manager Agreement
1 (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and
maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the farm named above
and will implement these procedures. I (we) know that any modification or expansion to the existing design capacity of the
w;5te treatment and storage system or construction_ of new facilities will require a_permit modification before the new
animals.'are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application
system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than
the 25-year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that this -
facility may be covered by a State Non -Discharge Permit or a NPDES Permit and completion of this form authorizes the
Division of Water Resources to issue the required permit to the new land owner.
Name of Prevviious=Land Owner:
Signature: F,LfT7� Date: i a -10.1 3
Name of e e r 5'hEt'ttN A, o0ayeef-t ,r T
Signatu
different from owner):
f RUM
'
Please sign and return this form to:
."
N. C. Division of Water Resources
Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
April 23, 2012
Date: 12-r:0'ij
JeMe-ttSSa- R05�p-bro( Y-
613S W&UtltoWll 5{ .
V-t5'ton S0.12XV` I �L.
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Animal Waste Management System Operator
IVPCSOCC
NCAC 15A 8F .0201
• A� Y N.0 Dept. of DENR
" DEC 12 2013
` R;:rinNOArL OFFICE
Designation Form
Facility , �ti F A0g4f-r,tSJf7
Permit #: Q W C 9 9 00 0 '6yFacility [D#: qq- U? County: oua t6
Name:
Firsi
mlaaie Lasl Jr, Sr, ell.
Cert Type / Numbe Work Phone: (((�' (- ) �Y b'01'210
Signarurt •_ / ' Date: / 2 w ?
"I ccrti fy that 1 act cc to ny dLmcwti0o to Ihc. Olxx<utn' is Clxrge to,' the fwilit}' mcd. 1 undrssmrxl ;nxt will aMde by the rule.,
:uxl revulaticns palaning In the• roll,ntsibi litic, sct forth in UA NCAC OSF .0_0;;uxl Ruling to do so cm result in Dixeiplirevy
Actirnn by the A'ater Pollution Q01`14r01 System Orlcraftrs Certification Conmissiwi'
Back-up Operator 1n Charge (Back-up OIC) (Optional)
Middle
Ceti Type /Number:
Si,grulJare:
Jr, Sr, a,
Work Phone:
Date:
"I ecni fy that I agree to my J&gnation a, Back-up Olxretrr in CIMn ge fox the Rtci lity txxtd. I under.tvd and wil l abide hr the
rules atxl rcgu"ims lxrtaining to the resirwnibi litic., set forth in 1 iA NCAC 08F .0?03 ;uwJ fsulinc to tkt co can rmull in
Dlaeiplimuy Actim., by the Warr Pol lttiot, Ccnitrol Sys(cm OparoOrs Ccrii ri"irnt Cirmtissicnti'
Phone #: ( �� 4 s `� to - a a l o
Fax#: L
i
.Si,nurttn-•
ICDs'ncror authorir nccnu
Dare. 12-/O -0
Mail or fax to: WPCSOCC
161E Mail Service Center .
Raleigh, N.C. 27699-16 IS yg5 Wf<v V1towV\
Fax: [phone]NS 11�)iC\Sf0ir\^Q.l2mn. ) NL
f Retain a ct-7y of ibis lorm lirr yixa, rec(rds) 01110 -1
RetisrJ 3.'1J07

AM.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 19, 2010
Bill Brandon
2940 Chinquapin Rd
Yadkinville, NC 27055
Subject: Notice of Deficiency #NOV-2010-PC-0599
Bill Brandon Farm
Permit No. AWC990008
Yadkin County
Dear Mr. Brandon:
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 lagoon/storage 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 compliancelenforcement 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: 336-771A631 One
Internet:w .ncwatemualiy.org NorthCarolina
hi Equal Opportunity \ Affirmative Action Employer
aturally

•
i
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
DWO-APS-Animal Feeding Operations Unit
Joseph Hudyncia —DSWC WSRO
APS Central Files — Permit No. AWC990008

J OFw~/F9
0 Or
O C
April 2, 2007
Michael F. Easley, Governor
• William G. Ross Jr., Secretary
North Carolina Departm nvironment and Natural Resources
Paul E. Rawls, Chairman
Water Pollution Control System Operators Certification Commission
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bill Brandon
3013 Fish Brandon Rd
Yadkinville, NC 27055
Subject: Designation of Operator in Charge
Facility: Bill Brandon Farm
Permit: AWC990008
County: Yadkin County
Dear Mr. Brandon:
N.cRoe ENEo
P of ENR
APR 1.72007
Winston-Salem
Regional Othee
In 1996, North Carolina General Assembly enacted legislation that requires owners to
designate a properly certified Animal Waste Management System Operator for each animal
operation with a liquid waste management system that serves 250 or more swine, 100 or
more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined
poultry.
Our records indicate that you do not have a certified Operator in Charge (OIC) designated
for your animal waste management system. By failing to designate an Operator in Charge,
you are in violation of NCGS 90A-47.2 and NCAC 15A 8F .0201(a) and are subject to the
assessment of civil penalties.
Please return the enclosed designation form to this office by May 4, 2007. This office
maintains a list of certified operators in your area if you need assistance in locating one.
Please be advised that nothing in this letter should be taken as resolving you of the
responsibility and liability for any past or future violations for your failure to designate an
appropriate Operator in Charge for your animal waste management system.
If you have questions concerning this matter, or if this office can be of further assistance,
please call Beth Buffington at [phone], extension 313.
Sincerely,
147
Jerry Rimmer, Supervisor
Technical Assistance and Certification Unit
Enclosure
cc: Animal Operations Feeding Unit, DWQ
APU Central Files, DWQ
Melissa Rosebrock, DWQ Winston Salem Regional Office
Cindy Safrit, DSWC Mooresville Regional Office
TACU Facility Files
Technical Assistance & Certification Unit Internet: http://h2o.enr.state.nc.us/tacu
1618 Mail Service Center, Raleigh, NC 27699-1618 Telephone [phone] Fax [phone]
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper

Brandon Dairy
Subject: Brandon Dairy
From: "Kent and Sue Brandon" <[e-mail]>
Date: Sun, 7 May 2006 20:16:15 -0400
To: <[e-mail]
Melissa,
I am sending you this to let you know that I have resigned from Brandon Farms as of April 30, 2006.
Kent Brandon
1 of 1 5/9/2006 10:52 AM

November 9, 2000
Mr. Larry Coble
NCDENR-DWQ
585 Waughtown St
Winston-Salem NC 27107
Dear Mr. Coble:
NOV 14 2000
r
�yar, aiem
I�i�gi�raul �f►Ct�
On October 19, 2000, I received a Notice of Deficiency which advised me to respond in
writing my intentions to make corrections to items which were noted in the compliance
inspection performed by Melissa Rosebrock.
In response to the dark colored material which was found going into the wet weather branch,
I plan to work with Natural Resources Conservation Service in Yadkin County to install rip
rap in the draw to prevent sediment from entering stream as well as to install a gauged
marker in each of the holding ponds. I had failed to notice that it was a requirement in the
animal waste general permit but markers will be installed when holding ponds are pumped
down so that markers can be installed.
Excessive vegetation on the dam will be removed from the dam and grass will be maintained.
Sincerely,
Bill Brandon

)i Y, iti., •4: NOROCAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NGDENR DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
t•
October 17, 2000
!. =DAMES B:'Ii UNT JR.: CERTIFIED MAIL 7099 3220 0006 8502 6063
GovER +oR ' RETURN RECEIPT REOUESTED
Mr. Bill Brandon
Bl�� 1-IOLMAN - 3013 Fish Brandon Rd.
SECRETART z
Yadkinville, NC 27055
SUBJECT: Notice of Deficiency
KERR T.`STEVENS"-
DIRECTOR "k `� .. Compliance Inspection
v"--��' Bill Brandon Farm #99-08
z
Yadkin County
.; ,fix Dear Mr. Brandon:
On September 26, 2000 Melissa Rosebrock of the Division of Water Quality from the
Winston-Salem Regional Office performed a compliance inspection on your farm. Staff noted
7 the following items that warrant your attention.
On the date of the inspection there was evidence of a dark colored runoff coming from
.s.
the sacrifice lot. This dark colored material was evident in a wet weather branch, which
ultimately leads to an unnamed tributary to Hannon Creek (Class C Waters of the State). This
' poses an immediate threat to the environment due to the potential for discharge to surface waters
t- r of the State. You should also be aware that the non -permitted discharge of any type of
4l'•+.�
F, wastewater to the waters of the State is illegal and is a violation of your Animal Waste Permit
and North Carolina General Statute (NCGS) 143-215.1(a). Ms. Rosebrock also performed a
follow-up inspection on October 13, 2000. At the time of the follow-up inspection, the wet -
weather branch and creek were essentially dry and no discharge was noted. In order to avoid
—=` future Notices of Violation, we urge you to contact the Soil and Water Conservation District for
__- - suggestions regarding the containment of animal waste (manure and/or silage) from the creek.
Additionally, per your Animal Waste Permit (Section III, #2) a gauged marker
indicating the maximum liquid level and the top of the spillway is to be installed within
60 days of issuance of the Certificate of Coverage under the general permit. Our records
indicate that your Certificate of Coverage (Animal Waste Permit) was issued February
25, 2000. On the date of the initial inspection, a gauged marker was not installed. This is
a violation of your Animal Waste Permit.
Staff also made note that vegetation needs to be controlled on the dam of the "Upper"
waste storage pond. Excessive vegetation, including trees, is a concern since it can: provide
sheltered areas for insects and burrowing animals: interfere with the establishment and
565 WAUGHTOWN STREET, WINSTON-SALEM• NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUA- OPPORTUNITY i AcFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPIR
A na1n
V I'�

Bill Brandon Farm •
October 17, 2000
Page 2 -
maintenance of a desirable vegetative cover; hinder visual inspection of the dam; and impair its
structural integrity. Heavy vegetation should be removed and a grass cover crop maintained. These
deficiencies are also a violation of your Animal Waste Permit (Section H, #10).
Please respond, in writing, to this Notice within thirty (30) days of receipt of this letter. Your
response should indicate your intentions to correct the referenced concerns. The Winston-Salem
Regional Office appreciates your cooperation in this matter. If you have questions concerning this
Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely, .
Larry D. Coble
Water Quality Supervisor
cc: Yadkin County NRCS/SWCD
Nancy Keith — Cooperative Extension Service
Marlene Salyer — SWCD WSRO
DWQ-Nondischarge Compliance and Enforcement Unit
Rocky Durham-MRO
I�SRO`Facility F es
Central Files

UNITED STATES POSTAL SERVICE PostMall
Postaaggess e 8 Fees Peld
LISPS
Permit No. G-10
f Print your name, address, andZIP.Cgti it ;t�1bp 6
NC DENR OCT 19 2000 -
WATER QUALITY SECTION -(�,��
585 WAUGHTOWN STREET ' YV stOn-cr !lern
WINSTON SALEM NC 27107-224Regional U fiCl3
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o. SENDER:
V • Complete items t and/or 2 for additional services.
» • Complete items 3, 4a, and 4b.
H
. 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 mallplece, or on the back H apace does not
` ppeertoit.
• wdta 'Return Re pt will
to
on me article w below the article and number.
_ . The Return Receipt will show ro whom the article was delivered and the date
delivered.
0 3. Article Addressed to: 4a. Article
As . Semici
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ElRestricted Delivery
Consult postmaster for fee.
8 r30Bill Brandon ❑ Registered
13 Fish Brandon Road ❑ E ress Mail
Yadkinville NC2705 5 tum Receipt for Merchandise
7. Datepf Delivery
/0 ,/,P'oe
5. Rec ived By: (Print Name) 8. Addressee's Address (Only
stq,V) G, Y,,i and fee is paid)
6. ignat :(Addressee or Agnt)
a X.ti
01 PS F rm 3811, December 1994 to2sesoeso22e Don
'51Cartmed
❑ Insured
ElCOD

State of North Carolie
Department of Environment
and Natural Resources
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
July 3, 2000
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Bill Brandon
Bill Brandon Farm
3013 Fish Brandon Road
Yadkinville NC 27055
1�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
N.C. Dept. of EHNR
JUL 0 2 2000
Winston-Salem
Regional Office
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Bill Brandon Farm
Facility Number 99-8
Yadkin County
Dear Bill Brandon:
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Rocky Durham on 10/20/99 was made to review the actual number of acres at your
facility that receive animal waste during land application. The evaluation of your facility has yielded one of
the following two results as indicated by the box marked with an "X".
Category 1:
�( The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Rocky Durham the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Rocky Durham, at 919 North Main Street,
Mooresville, NC 28115, within in 90 days of the receipt of this letter. If you have any
questions please contact Rocky Durham at [phone]. If within 90 days you are
unable to provide Rocky Durham with the information you are automatically required
to complete a Wettable Acre Determination as described by Category 2 below, within
180 days of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
❑ Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service; and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQwithin the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
(L If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
E Central Office staff at [phone] ext. 571.
�fflq Iron' XM PVVV4� Sincerely,
rJ it A I q
Kerr T. Stevens
cc: Mooresville Regional Office
Yadkin County Soil and Water Conservation District
Facility File

State of North Carolile
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: Bill Brandon
Bill Brandon Farm
3013 Fish Brandon Rd.
Yadkinville NC 27055
Dear Bill Brandon:
4 0
NCDENR
NORTH C4RouNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 12, 1998
Subject: Special Agreement
Facility Number: 99-8
Bill Brandon Farm
Yadkin County
RECEIVED
N.C. Dept. of EHNR
OCT 14 10
Winston-Salem
Regional Office
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 Howazd, E.
ATTACHMENTS
cc: VSRURegional_Office>
Yadkin County Soil and Water Conservation District
Facility File
Central Files
Shannon Langley
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
ENVIRONMEl ENT COMMISSION
COUNTY OF YADKIN ]�
IN THE MATTER OF
29 li,,..
SPECIAL AGREEMENT.
DI F WATER-QUAll" FACILITY NUMBER:' 99-8 _
T!�':flfitCs
BILL BRANDON I n {
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this 'J; .
Special Agreement is entered into by Bill Brandon, 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 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 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 tetras.
(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 1(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 December 31, 1998. 1715
i aK QUALITY
SECTION

Farm Number: 99-8
Special Agreement
Page 2
tions of the North
Generall Statutes 143 ER7 shall 215 ly hand the th all relevant rules condi promulgated thereunder ina
except 15A NCAC 2H .0217(a)(1)(E).
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.
10]
(c)
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 "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. 150B-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).

P
Farm Number: 99-8 • •
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 Bill Brandon Farm
ran j n r-\
Print Name
Signature
Date ` r
For the North Carolina Environmental Management Commission:
—� Date
�- Chairmanof the Co ssi n

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
Bill Brandon
3013 Fish Brandon Rd.
Yadkinville NC 27055
Dear Bill Brandon:
NCDENR
NORTH Cl�.ROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
REr,rt\l5r.)
I.C. De . I:;t __
SEP 1 8 1996
wnston-,13alenn
LRegienal 01-Hod
Subject: Special Agreement
Certified Animal Waste Management Plan
Bill Brandon Farm
Facility Number: 99-8
Yadkin County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 18, 1998, the Environmental Management
Commission (EMC) proposed to enter into a special agreement with Bill Brandon in order to
allow additional time for Bill Brandon to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility. That proposed agreement was received by
you on July 30, 1998 with a response to the Division of Water Quality being due by August 13,
1998. To date, no signed agreement or response to the proposed agreement has been received.
Therefore, the subject facility is being operated without a valid permit and is subject to civil
assessments of up to $10,000.00 per day. If no response is received from you within 14 days of
your receipt of this letter, staff from the Division of Water Quality's regional office will be asked
to perform an inspection of your farm. If you are found to be in operation above the threshold
established by 15A NCAC 2H .02.17(a)(1)(A), an enforcement action will be initiated.
Please find enclosed another copy of the proposed Special Agreement. If you agree to abide
by the dates and terms of the attached schedule, you must sign, date and return the enclosed
documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14)
calendar days of your receipt of this letter. If you have already implemented your CAWMP,
please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of
your receipt of this letter.
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

Please be advised that. ng in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North
Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates
and conditions of this agreement that are not met shall be subject to civil penalties, criminal
penalties, injunctions and all other enforcement tools available to the Division of Water Quality.
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 581 or Mr. Steve Lewis at [phone] ext. 539.
Sincerely,
A. Preston Howard, Jr. P.E.
kG�
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
WSRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

• NORTH CAROLINA •
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF YADKIN
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 99-8
BILL BRANDON
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Bill Brandon, 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 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 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 terms.
(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 1(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 December 31, 1998.

Farm Number: 99-8 • •
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 "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).

Farm Number: 99-8 •
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 Bill Brandon Farm
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

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
July 27, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bill Brandon
3013 Fish Brandon Rd.
Yadkinville NC 27055
/ •1
NCDENR
NORTH CA ouNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
EIVED
NA Dept. of EHN
JUL 3 1 1998
Wft$t? - Ind
Regbnaae
Subject: Special Agreement
Certified Animal Waste Management Plan
Bill Brandon Farm
Facility Number: 99-8
Yadkin County
17�5iI BtiJ. $ o I
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 18, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Bill Brandon in order to allow
additional time for Bill Brandon to obtain and implement a certified animal waste management
plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
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

Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 581 or Ms. Sonya Avant at [phone] ext. 571.
Attachment
cc:
Facility File — Non -Discharge
, Z e Tonal Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files
NA
in Ho
nt

• NORTH CAROLINA •
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF YADKIN
IN THE MATTER OF 1
SPECIAL AGREEMENT
FACILITY NUMBER: 99-8
BILL BRANDON
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Bill Brandon, 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 terms.
(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 1(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 December 31, 1998.

Farm Number: 99-8 • •
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 "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. 150B-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).

E
Farm Number: 99-8
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 Bill Brandon Farm
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

State of North Carol!,*
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Bill Brandon
3013 Fish Brandon Road
Yadkinville, North Carolina 27055
SUBJECT:
Dear Mr. Brandon:
IDEHNF;Z
DIVISION OF SOIL AND WATER CONSERVATION
May 23, 1997
SECEI pEDI-IiJR
N.C. DeP
MAY 2 a 1997
Winston-Salem
regional Office
OperatioNeview Corrective Action Recommendation
Bill Brandon Farm
Facility No. 99-08
Yadkin County
On May 14, an Operation Review was conducted of Bill Brandon Farm, facility no. 99-08. 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.
During the Review, it was determined that waste was D9j being discharged to the waters of the State,
and the animal waste collection, treatment, storage and disposal systems were properly maintained and
operated under the responsible charge of a designated operator. However, the following management
deficiency was discovered and noted for corrective action: failure to install start pumping markers within the
pond. This management deficiency needs to be addressed and corrected. You are encouraged to contact your
certified technical specialist if additional assistance is needed. During ensuing reviews, this same deficiency will
be re-examined to determine if corrective actions were implemented.
In order for your facility to remain in compliance with environmental regulations, animal waste cannot be
discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal
systems must be prooerly maintained and operated under the responsible charge of a certified 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 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 Street, . I� L-U FAX [phone]
Mooresville, North Carolina 28115 1 An Equal FAX
Action Employer
Volce 704-663-1699 50% recycled/10% post -consumer paper

Mr. Bill Brandon
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 704/663-1699 ext. 277 if you have any questions, concerns or need
additional information.
Sincerely,
: joseph Zimmerman
Environmental Engineer I
cc: Yadkin Soil and Water Conservation District
Corey'Ba" s g r-DWO_Inspector-f6-r-Yadkin Co.
DSWC Regional Files

Date of Inspection 5/14/97
Facility Number r 99 8 Time of Inspection 10:40 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: Aegislet:ed......................................................................... (ex:1.25 for 1 hr 15 min)) Spent on Review 2.25
or Inspection (includes travel and processing)
Farm Name: 110111randonEArm....................................................................................... County: Yadkin .............................................. WSRQ ........
OwnerName: BI11........................................... Brandan .................................................... Phone No: 463 2,115 ...................................................................
MailingAddress: 3Qj3..FIsh.Brand.Ra.Rd...................................................................... Yadkin.yZe...NC.................................................... Z70.55 ..............
OnsiteRepresentative: B111.Braudon............................................................................... Integrator:.......................................................................................
Certified Operator:
Location of Farm:
Operator Certification Number: ..........................................
Latitude 36 1OF037 F 157 Longitude F 80 • F 38 307,1
0 Not Operation Date Last Operated: ...............................................................................
of Operation and
Swine
Number
❑ Wean to Feeder
Feeder to Finish
Farrow to Wean
Lj Farrow to Fee er
Lj Farrow to E
Poultry Number Cattle Number
❑ Layer ® Dairy 310
ILI Non -Layer I jLJNon-Dairy
❑ Other —
Number of Lagoons / Holding Ponds 1 LI Subsurface Drains Present
❑ 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 gaVmin?
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 IN No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ® No
maintenance/improvement? .
Continued on bock

6.
Is facility not in compliance with any applicable setback criteria?
❑ Yes
® No
facility fail have inspection 1/1/*
❑
®No
7.
Did the to a certified opera responsible charge (if after
Yes
8.
Are there lagoons or storage ponds on site which need to be properly closed?
❑ Yes
®No
Structures (Lagoons and/or Holding Ponds)
9.
Is structural freeboard less than adequate?
❑ Yes
®No
Freeboard (ft): Lagoon] Lagoon 2 Lagoon 3
Lagoon 4
.................St....................................................................................................................................
10.
Is seepage observed from any of the structures?
❑ Yes
®No
11.
Is erosion, or any other threats to the integrity of any of the structures observed?
❑ Yes
®No
12.
Do any of the structures need maintenance/improvement?
❑ Yes
® No
(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?
® Yes
❑ No
Waste ADDlication
14.
Is there physical evidence of over application?
❑ Yes
® No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15.
Crop type ...............CRzxi.%Silage. &..Grain).............. ..Small.�icaiR.fllheat.EazIAY...IY1i1R...
16.
Do the active crops differ with those designated in the Animal Waste Management Plan?
❑ Yes
®No
17.
Does the facility have a lack of adequate acreage for land application?
❑ Yes
® No
18.
Does the cover crop need improvement?
❑ Yes
® No
19.
Is there a lack of available irrigation equipment?
❑ Yes
® No
For Certified Facilities Only
20.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
❑ No
21.
Does the facility fail to comply with the Animal Waste Management Plan in any way?
❑ Yes
❑ No
22.
Does record keeping need improvement?
❑ Yes
❑ No
23. Does facility require a -follow-up visit by same agency? ❑ Yes ® No
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes ®No
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. 99-8
Use drawings of facility to better explain situations:,(use additional pages as necessary):
Question 13: Pond needs pumping (maximum) level marker for certification
Comments: Facility hauls all solids, on a continuous basis. Only bam/parlor waste and runoff enters pond. Operation may need to
look at other areas to apply pond waste. The field with irrigation may not be suitable for long term application. (Question 18: This
fields cover crop needs improvement for more than short term application). Operation needs to look at possiblity of guttering roof
areas and putting curbing on new construction to control runoff from the lot.
Reviewer/Inspector Name Jos ih C.!Zmnnemian
Reviewer/Inspector Signature: Date: =
cc: Division of Ff Quality, Vadr Q ect n, FaciUry Assessment Unit 11/14/96

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
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
ton
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
N.C. Dept. of ENNR
MAR 2 5 1998
Winston-Salem
Regional Office
WSry
SUBJECT: Application for special agreement �J
Please find attached a copy of application for special agreement for facility number 1=.
If you have any questions, please call me at 733-5083, ext. 581.
ra11tRO)'.luiWAN
I
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

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTLNG A SPECIAL AGREEMENT)
I. GENERAL INFORMATION:
1. Applicant (Owner of the Facility):
2. Facility No.: !.-I - 1 1
3. Facility Name: d to pc�r n
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):
5. Mailing Address:�d-
Ciry: Voj ii-,nv, I (,e- State: N C Zip: C�-'IDSS
Telephone No.: (33 � ) q63 -:2- 1 -7
6. County where facility is located: 1�0.d ki r
7. Operation Type (Swine, Poou�ltry, Cattle): (a4 l� � ry
8. Application Dater c I2 4 .T
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
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
not issue a notice of violation for failure to have an approved animal waste management plan so
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
FORM SPAG 1/98 Page 1 of 4

•
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
a-13-96 Q�ase it Conirac/ n�ro✓ed hti
�.,,. <,, ...,, -�-� �I'�:<-!.', -f -F�r Wa<�.e aOn/,-c «'f'�. 23tt�Pw.e,•.T
-AI -9q :
r
�" I DO rw2 T 0 �ha5e �- CJ n��aC7 �J, ��. 7a�d /��•.
Jlv; a.. I.Jh+,�� Co.,sei✓n-�i?�
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,/I ,�T—
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020n
9 : I 4,L �es 7�rov. de o� con �� c { a, a
FORA? 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
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively longs. (Use a-dddiitiional sheets if necessary). /
��57a�� /'Rase 1�L a�f59n — inC(t..d25 G'C��zcr2�z cli�/�
Applicant's Certification:
I, 16/W Q L:� n
with the EMC has been reviewed by me and is
knowledge. I understand if all required parts c
g ,//
Print Name
a r 1 d o (I-
-
Owner
attest this application for a Special Agreement
accurate and complete to the best of my.
Date ✓// / /��
Signature of Owner
FORM SPAG 1/98
Page 3 of 4

OPERATIONS BRANCH - WQ Fax:919-715-G048 Ju1 19 '95 15:38 P.02/16
sitoragw;as;mmedlaleatlenfM
Pad1Ay number
SITE VISITATION RECORD
Oats: ti 1 J 1995
Cwrer: S i I Farm Name: _ -
Caurty:
Agent Visiting Site: Yll��sa�-��"�Phcne'
Operator. Phcne:(�) `f lam- �J�ZS
QnSite Repre<_ertatiye: Phcne:
Physical Address:
N,ailingAddr3ss:RA
Type of Cce.-atien. Swine , Poultry
Design Capacity: ___ 'Jumterof,Arirra'sor. Slce: 3�
0
Latitude:° 0 5 L:nga'de:
T,e o' lrs soaon: _✓ t t_urC _ _ Aer'ai
!r
Circle Yes or No
DCO: ;he .=filma. Weste Laccc. ;Iave Su, -.Gent freebCard� 1 / S +' C5 year 24 ;.�' S:�r' c'rent
VV r o
.,E^Fro>;;r.atel t Fcct-?inchzs) e. N..
�c:aal F:eehcard:
Z .eet Q Incaes
_r fac;!ities M'h more lr,zr. ore iacocn, piease acdre,-s 4..e Cther !egccrs pee"_card under the
"Vnrnen s2cdcn.
bVa -mn;; 171gOcn(s)? Yes cr w^„
.e.e a Yes or
oyFa 7Csien :f !,e d=,, �-
s aCecaa;a land available fCr rar:d application? es' cr NO
Is `.he x'.er crop ade-quate? cr NG
ACdL-i 'psi S,fr,^^,a',:s:
f'.

.Y
State of North Carolt
Department of Environment,
Health and Natural Resources
Winston-Salem Regional office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
June 14, 1994
CERTIFIED MAIL NO. P-536 303 566
RETURN RECEIPT REQUESTED
Mr. Bill Brandon
Route 3, Box 451
Yadkinville, NC 27055
SUBJECT: Notice of Violation
Illegal wastewater Discharge
Brandon Dairy Farm
Yadkin County
Dear Mr. Brandon:
k/`f C".
Yw/fl,�
DIVISION OF ENVIRONMENTAL
MANAGEMENT
On May 31, 1994, Mr. David Russell and Mr. Bill Justice of
this office visited your farm. The inspection was prompted by a
recent complaint concerning the water quality of a tributary at the
head of Harmon Creek. An inspection of the site revealed that
cattle waste from washing of the milk parlor is piped to a ditch
and subsequently is entering the above mentioned creek. Samples
were taken below, above, and at the point source to document the
discharge.
Please be advised that the non -permitted discharge of any type
of wastewater to the waters of the State is a violation of North
Carolina General Statute 143-215.1. This illegal discharge from
your dairy operation must be ceased immediately.
As you are aware, current regulations require certain large
facilities to provide a certification to our Division by December
31, 1997, verifying that they have an animal waste management plan
approved by the Soil and Water Conservation Commission. However,
your animal management system is no longer deemed permitted, as it
does not comply with 15 NCAC 2H.0217(a)(1)A. Therefore, you should
immediately contact the Yadkin Soil and Water Conservation District
for technical advice on how to handle animal wastes in a legal and
beneficial manner.
You are requested to respond in writing to our Winston-Salem
Regional Office on or before July 15, 1994, advising what
corrective actions you have initiated and what modifications are
proposed for your waste handling system in order to prevent future
illegal discharges from you dairy operation. Please be aware that
until compliance is achieved with regulations, you are considered
CD.
8025 North Point Boulevard, Suite 100, Winston-Salem, North Carolina 27106.3203
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper

Mr. Bill Brandon
June 2, 1994
Page 2
to be in violation and could be subject to enforcement action with
the possible assessment of civil penalties of up to $10,000 per day
per violation.
Your cooperation in this matter would be appreciated. If you
have questions, please do not hesitate to contact Mr. Steve Mauney,
Mr. Bill Justice or me at [phone].
Sincerely,
Ln �). 6et�
Larry D. Coble
Regional Supervisor
cc: Yadkin SWCD
Yadkin County Health Department
Central Files
WSRO

_
0
COMPLAINT REPORT
DIVISION OF ENVIRONMENTAL MANAGEMENT
WINSTON-SALEM REGIONAL OFFICE DATE:- S- 3 / 19-!f
,I� TIME:
NAME OF CALLER: /7/.eI— 1e" ✓/s - yoc.,v (' . AAAL� Dyr. Pm
ADDRrSS: kltwox C'.2I/t2 — 6,19-2Pf+(&jJ 77i1-S23761)
Street P.O.Box
City
TELEPHONE NUMBER:
POINT OF POLLUTION: /Vmjt/,oLi 114-40 VA i/,a¢Hm.✓ C-eEeK.
DIRECTIONS: GO/ J 1,e.i+ }/il'/[4t Gm 4 ,r.[Lc Tice✓ 4<r &,W >/
Io A,LL4 0eD, IIZA2: DIRT X; i.✓ Gtf"T"— Gm Tm 6,✓D - etciw G+Tt /f
SOURCE OF POLLUTION: D T7TCoO4
Ivrs,.s�/ fz..r C a✓t� r�Y,e/2 a,c �/iaco.. lvo.crrfzits
&ZY_140/ ACL .Ni t Gf/�sTzrI.r1. _
4-0404ATURE OF CALL: m A/ dQ r-z
"A
itf.PORT REFEPRED TO:
ID?9-'DIATE ACTION TAKEN:
Zj vew
TO
DUE DATE
aim_ Ar
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SiCNED
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