010036_Inspection_20180522

:Division of Water Resource '
FFacility Number ® - ] Division of Soil and Water .nervation ]0
0 Other Agency f�
Type of Visit: Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
i
Reason for Visit: Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access ^
Date of Visit: Arrival Time: Departure Time: Z.�® County: QlA . egion: WF-I-J
Farm Name: FA d I jo m a-n b.1 C- y Owner Email:
Owner Name: Phone: 1
Mailing Address: ,I !3 r1"}nn 1 IL u r G d- • p Lq 279
Physical Address: 7 5°� 11��]1 t�t� L 1 F 7 r T V N L a 7 / c
Facility Contact: SD.S�Uh To hn,50b Title: Phone:
Onsite Representative: Integrator:
Brian S ora :3:� m �&a 4x'f hIe •r3- �c�vr s b y
Certified Operator: � Certification Number: I L.1 3
6 rt?<A0[e'r% porle, a,6!21 0�© £OrldflA lS �f�l��
Back-up Operator: -,J `J Certification Number:
at 1
Location of Farm: Latitude: 3-tea -5 0 51 Longitude: Z 9 C A 7 , 3 - I
�- 4 OiVj A Ia.M a V)ae- C,W, 0-3 d . S© c, N 2 d • Fu l n s i n+0 5 14tan Sc-- W 1
Rd� Lie- IvV«v, 610
Design Current Design Current Design Current s
I
Swine Capacity Pop. Wet Poultry Capacity Pop. Cattle Capacity Pop..
Wean to Finish I ILayer I Dairy Cow <3 6"1,'. .�:
Wean to Feeder I INon-Lq)Tr I I Dairy Calf
Feeder to Finish Dairy Heifer
Farrow to Wean Design Current Dry Cow
Farrow to Feeder Dry Poultry Capacity Pop. Non-Dairy
Farrow to Finish Layers Beef Stocker
Gilts Non-Layers ,`>-` 0Beef Feeder
Boars Pullets Beef Brood Cow
Turkeys
Other Turkey Poults
Other Other
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes XNo ❑ NA ❑ NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made? ❑ Yes ❑ No ❑ NA ❑ NE
b. Did the discharge reach waters of the State? (If yes,notify DWR) ❑ Yes ❑ No ❑ NA ❑ NE
c. What is the estimated volume that reached waters of the State(gallons)?
d. Does the discharge bypass the waste management system?(If yes,notify DWR) ❑ Yes ❑ No ❑ NA ❑ NE
2.Is there evidence of a past discharge from any part of the operation? ❑ Yes &, o ❑ NA ❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes Zo ❑ NA ❑ NE
of the State other than from a discharge?
Page 1 of 3 21412015 Continued

Facility Number: L91 - 3(0 jDate of inspection: OIAJ
f �
Waste Collection&Treatment
4.Is storage capacity(structural plus storm storage plus heavy rainfall)less than adequate? ❑ Yes ,,�(No ❑ NA ❑ NE
t a. If yes,is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 (Structure 4 Structure 5 Structure 6
Identifier: WI5 P_u.) (O Lc12-4- v9 J l"
Spillway?:
Designed Freeboard(in): ,
Observed Freeboard(in): �D
5.Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes P No ❑ NA ❑ NE
(i.e.,large trees,severe erosion,seepage,etc.)
6.Are there structures on-site which are not properly addressed and/or managed through a ❑ Yes KN. ❑ NA ❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes,and the situation poses an immediate public health or environmental threat,notify DWR
7.Do any of the structures need maintenance or improvement? ❑ Yes No ❑ NA ❑ NE
8.Do any of the structures lack adequate markers as required by the permit? ❑ Yes C4No ❑ NA ❑ NE
(not applicable to roofed pits,dry stacks, and/or wet stacks)
9.Does any part of the waste management system other than the waste structures require ❑ Yes Vo ❑ NA ❑ NE
maintenance or improvement?
Waste Application 10.Are there any required buffers,setbacks,or compliance alternatives that need ❑ Yes L . ❑ NA ❑ NE
maintenance or improvement?
11.Is there evidence of incorrect land application?If yes, check the appropriate box below. 9 Yes ❑ No ❑ NA ❑ NE
❑ Excessive Pending ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals(Cu,Zn,etc.) !
❑ PAN ❑ PAN> 10%or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
lz. crop Type(g): tom iI 5-ty1a 11 a > ca iS Inca r ) l �
Shall ciin nOf ha�FVes� COVe ,r
13.Soil Type(s):
14.Do the receiving crops differ from those designated in the CAWMP? ❑ Ye%E:]
o ❑ NA ❑ NE
15.Does the receiving crop and/or land application site need improvement? ❑ Yeo ❑ NA ❑ NE
16.Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yeo [')NA ❑ NE
acres determination?
17.Does the facility lack adequate acreage for land application? ❑ Yes 9No ❑ NA ❑ NE
18.Is there a lack of properly operating waste application equipment? ❑ Yes 9No ❑ NA ❑ NE
Required Records&Documents �/
19.Did the facility fail to have the Certificate of Coverage&Permit readily available? ❑ Yes D[I No ❑ NA ❑ NE
20.Does the facility fail to have all components of the CAWMP readily v ilab e?If e check ❑ Yes % No ❑ NA ❑ NE
the appropriate box. �Cl 4�a'csyi�
❑WUP ❑Checklists ❑Design ❑Maps ❑ Lease Agreements ❑Other:
2 .Does record keeping need improvement?If yes,check e appropriate box belo Yes No ❑ NA ❑ NE
Waste Applica ion ,UV prevenient?
Freeboar Waste Analysis Soil Analysis O Wa y— ❑Weather Code
Rainfall Stocking Crop Yield 120 Minute Inspections Monthly and I"Rainfall Inspectionsincg�un
22.Did the facility fail to install and maintain a rain gauge? [:] Yes D4 No ❑ NA ❑ NE
23. If selected,did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No NE
Page 2 of 3 21412015 Continued

Facili Number: O Date of Inspection:
I �
24.Did the facility fail to calibrate waste application equipment as required by the permit? [-] Yes WNo ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes,check ❑ Yes ❑ No INA ❑ NE
the appropriate box(es)below.
❑Failure to complete annual sludge survey ❑Failure to develop a POA for sludge levels
❑Non-compliant sludge levels in any lagoon
List structure(s)and date of first survey indicating non-compliance:
26.Did the facility fail provide documentation of an actively certified operator in charge? [—] Yes KNo ❑ NA ❑ NE
27.Did the facility fail to secure a phosphorus loss assessments(PLAT)certification? ❑ Yes D?rNo ❑ NA ❑ NE
Other Issues
28.Did the facility fail to properly dispose of dead animals with 24 hours and/or document ❑ Yes Jjjj'No ❑ NA ❑ NE
and report mortality rates that were higher than normal?
29.At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes C�'No ❑ NA ❑ NE
If yes, contact a regional Air Quality representative immediately.
30.Did the facility fail to notify the Regional Office of emergency situations as required by the ❑ Yes �!(No ❑ NA ❑ NE
permit?(i.e.,discharge,freeboard problems,over-application)
31.Do subsurface tile drains exist at the facility?If yes,check the appropriate box below. ❑ Yes W'No ❑ NA ❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32.Were any additional problems noted which cause non-compliance of the permit or CAWMP? KYes ❑ No ❑ NA ❑ NE
33.Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative? ❑ Yes Ca<o ❑ NA ❑ NE B
34.Does the facility require a follow-up visit by the same agency? XYes ❑ No ❑ NA ❑ NE
Ci Wifiepts(refer,fo ques064#) Piptafd any VZS'answers 46 or apy @tldI i9ei l.Yeco jindndklons of any other co7mmegl¢. 1
U$ .^" i aW.In s'of'f cili' ,to¢after s n tu�ti6 lai s ,"s use s' dihona es
PB o fl` a s nC ew! R � 41
fo Dcxu� o� (ne �.1 >ovSPbc s ���, s cj,5orne � ti'�.s5 is gip, Nov . Tchn8ot)
hct,5 nok �t -t- been V-"_Imbua-Sad e
It
2491� Sae I {e5�� Cbivt p I�+�c1 . vL a��a IV) 1 V) 0201�t
l-a:�I�io� &0 -" take& 515 ct5lv v r dui 1n z6Ict
New w5 P 10e6 rr * fie+ 11,N"e pn 0_4-\LQ_ ✓t�rrw-4-> r�..►/ IDwR� j4 S we j) 4- NC S L>
a3 41
. U
'1 N\e.w W 0-5 P on +o be, Ge,-J4 7-le4 S 00 FN'
CI ��-�l p��a�r Cbv� h �'t �o.�ve Sty • �e��' a,5 bi�+.asS+we�d sVP iq
F•-S- PLAT " \j fki h Ih �S �0.5 r� 3 = 31,
� �3 `aotg �5 � = Fs. t�3 FcD = S. S � pov +y- y = 30"
Reviewer/Inspector Name: Phone: �36 a 776 10
Reviewer/Inspector Signature• Date: 5/ZZh2a I-5r
Page 3 of 3 21412015

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Rosebrock, Melissa
From: Lawson, Christine
Sent: Monday, May 21, 2018 3:35 PM
To: Rosebrock, Melissa; David Crouse ([e-mail])
Subject: RE: [External] FW: PAN
Well... I look at what Dr. Crouse said earlier about historically allowing Regional Agronomists latitude. I think the both the
nutrient application amounts,timing, and all management practices have to be specifically laid out in the recommendation from
the agronomist. I also feel strongly there needs to be some sort of evaluation after one or two seasons to determine if there are
any impacts or unintended issued related to this management practice. Furthermore, he needs to verify setbacks from all
property boundaries. The RA is the one signing his name.to it.
I do not want to stand in the way of this dairyman being able to find a way to remain operational and doing so as an organic
producer. At the same time;we must continue to ensure and evaluate that water resources are being provided adequate
protection.
Christine B. Lawson
Program Manager
Animal Feeding P 9 Operations Program
Department of Environmental Quality
919 807 6354 office
984 232 1223 mobile
Christine.LawsonCbncdenr gov
Email correspondence to and from this addr ass is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
i
From: Rosebrock, Melissa
Sent: Monday, May 21, 2018 3:13 PM
To: David Crouse ([e-mail]) <[e-mail]>; Lawson, Christine<[e-mail]>
Subject: FW: [External] FW: PAN
Alamance Soil and Water echoes (see below)what the farmer and agronomist say in that the 150 lbs. N applied during the small
grain window(even though some is to be for corn silage) is still less than the 180-255 lbs. N required for corn silage (small grain
not harvested). No additional N will be applied<30 days prior to planting corn silage. Farmer knows that corn yield will be down
(see email below). However, organic milk pays a lot more.
Not trying to convince anyone---just wanted you to know what he's trying to do.Tell him no can do?
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrockQncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
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I
Email correspondence to and horn this�cress is subjeci to the North Carolina Public—
Email Law and may be disclosed to third
parties.
From:Walker, Wally NRCS-CD, Burlington, NC [mailto:[e-mail]]
Sent: Monday,April 23, 2018 8:26 AM
To: Rosebrock, Melissa<[e-mail]>
Subject: [External] FW: PAN
From:Walker,Wally-NRCS-CD, Burlington, NC
Sent: Monday,April 23, 2018 8:19 AM
To:Walker, Wally- NRCS-CD, Burlington, NC<[e-mail]>
Subject: PAN
Hey Melissa
Hopefully Brandon will be addressing this when he completes his assessment.As I understand from Joseph he wants to apply 50
lbs PAN on his cover crop in the fall. He will then come back with 10aabs PAN for his corn on.his second.applicatian.This 150 Ibs
PAN is less than the required amount in the NMP. He has a lot of soils that require 180 to 255 PAN to make the yield he is
wanting to achieve.As you know the dairy industry is struggling and Joseph is trying to come up with a model that hopefully he
will be able to stay in business. Even though his sail types are calling for the 180.tb 255 PAN he is not planning on applying anX
additional N.Joseph understands that his yields may suffer but he is trying to hit a threshold where he will be able to stay in
business. Hopefully Brandon will be able to address these issues from an agronomist viewpoint that will clear up any concerns
that may arise. Feel free to contact us or Brandon with any additional concerns after he writes up a report that we can add as a
narrative in his NMP so that he can stay in compliance.
Thanks Wally
Wally Walker
District Technician
Alamance SWCD
phone [phone]
This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized
interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator
to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email
immediately.
z

Rosebrock, Melissa
From: David Crouse <[e-mail]>
Sent: Monday, May 21, 2018 10:23 AM
To: Rosebrock, Melissa
Cc: Lawson, Christine
Subject: [External] Re: I FW:Joseph Johnson -Waste Application
_• ®• a •
The regional agronomists have been given a lot of latitude in the past for good reason. I'm not for limiting their abilities
to continued devising cropping systems based on unique circumstances at each farm. HOWEVER, I am worried that
Pandora's box will be opened and practices acceptable for one farm's unique situation will work their way into the
mainstream. At one point in time, overseeded rye was to capture nutrients not utilized by the bermuda. Someone,
somewhere said "it's green and growing, why can't we fertilize it?"And with that, 50 (100) Ibs of N on what was
previously a scavenger crop became the norm.
With that being said:
• Apply 50 pounds in fall for small grain (rye)
• Apply 70 pounds for same small grain in winter (Jan/Feb?)
• Don't harvest small grain
• Apply 30 pounds in Feb/March for corn (>30 days before corn is planted)
i What happens if tissue samples from the corn show (as the-probably will) that the N in the small grain is not being
mineralized at a fast enough rate to meet the corn's-needs? Does DWR allow additional N on the corn based on tissue
sampling? If so, you've now allowed more N to be applied than if the corn was fertilized directly. j
I
David
I
Dr. David Crouse
Undergraduate Teaching Coordinator and
Alumni Distinguished Undergraduate Professor
Crop and Soil Sciences
go.ncsu.edu/recruits
"All electronic mail messages in connection with State business which are sent to or received by this account are subject to the NC Public
Records Law and may be disclosed to third parties."
i
I
On Mon, May 21, 2018 at 9:39 AM Rosebrock, Melissa <melissa.rosebrocl<@ncdenr.Rov>wrote:
i
See email, below, from Regional Agronomist. Here is what he is proposing:
• Apply SO pounds in fall for small grain (rye)
• Apply 70 pounds for same small grain in winter(Jan/Feb?)
• Don't harvest small grain
• Apply 30 pounds in Feb/March for corn (>30 days before corn is planted)
1

• Harvest corn
Can we allow this? I see two issues:>30 pounds for crop not harvested and >30 days prior to planting.
I want to help Mr.Johnson since he is a good farmer and easy to work with.The transition to organic always complicates
matters but has been done in our region using pasture crops.This is the first time the transition has been tried in our region
with grain fed/confined cattle (very little pasture due to land requirements for 330 cattle).
Melissa Rosebrock
Environmental Senior Specialist
INC Division of Water Resources
INC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
I
melissa.rosebrockCa7ncdenr.gov
I�
Winston-Salem Regional Office f
G
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Ernarl correspondence to and Tram this address is subject to tho North CsrofPna Public Records :caw and may be dlsciosed to
third parries.
From: Poole, M. Brandon
Sent: Monday, May 21, 2018 9:27 AM
To: Rosebrock, Melissa<[e-mail]>
Subject: RE:FW:Joseph Johnson-Waste Application
Good morning Melissa,
2

r
This is exactly what we are working towards. I was a Joseph's last week and took tissue and biomass samples on the cover crops
to track nutrients to make adjustments to the plan if needed. I have those results back and have talked adjustments over with
Joseph based on which grain is used for the cover crop.
i
I just talked with Joseph a few minutes ago about being there to meet on Tuesday morning while you are there. I will bring all
of the results that I have based on tissue sampling with me as well so we can look at them.
' l
Brandon Poole
I
Regional Agronomist
NCDA&CS Agronomic Division
919-706-7000(cell)
i
From: Rosebrock, Melissa
Sent: Monday, May 21,2018 9:00 AM
To: Poole, M. Brandon<[e-mail]>
Subject: Re: FW:Joseph Johnson -Waste Application
Hey Brandon,
I have been in contact over the last few weeks with our folks in Raleigh,Wally, and others. Do I have the "plan" correct?
• Apply 50 pounds in fall for small grain (rye)
• Apply 70 pounds for same small grain in winter (Jan/Feb?)
• Don't harvest small grain
• Apply 30 pounds in Feb/March for corn (>30 days before corn is planted)
• Harvest corn
Thanks for your assistance,
Melissa
i
Melissa Rosebrock
Environmental Senior Specialist
3

Rosebrock, Melissa j
From: Rosebrock, Melissa
Sent: Monday, November 27, 2017 2:58 PM
To: Joseph Johnson
Cc: Chandler, Rebecca D
Subject: RE:Johnson/Fogleman Dairy Alamance County
Hey Joseph, let me/Michael know what you would like to do or how you would like to proceed. Feel free to include anyone else
(Dr. Reberg-Horton?)with whom you are working,too.
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( ncdenr.gov
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:Shepherd, Michael D
Sent: Monday, November 27,2017 2:45 PM
To: Rosebrock, Melissa <[e-mail]>
Cc:Joseph Johnson<[e-mail]>; Chandler, Rebecca D<[e-mail]>
Subject: RE:Johnson/Fogleman Dairy Alamance County
Melissa,
I would be happy to meet with everyone at the farm one day to discuss and help come up with a solution. I am not sure if the
application window or PAN rate can be adjusted for a cover crop. The biggest hurdle for farmers growing a crop such as corn
silage prior to the cover crop is the ability to get the silage off and the cereal rye planted prior to the optimal planting date of
October 15`h. NCSU publication for cover crops indicates the preferred dates for planting is September 15 to October 15 and
possible dates of September 15 to November 151h. Since you are limited to 25 Ibs/ac for a cover crop, if at all possible to get the
cover crop planted prior to October 15`h and put the 25 Ibs on at planting to help it get a jump is the best. Also I'm not sure if
Mr.Johnson is planting just cereal rye or a multispecies cover crop containing cereal rye. The multispecies cover crop gives you
not only the biomass from the cereal rye but also nitrogen fixation from the legumes and additional overall biomass to help
suppress the weeds on the next crop. We can discuss options and see what is best for Mr.Johnson to meet his goal of weed
suppression and still be compliant.
Michael Shepherd
Environmental Senior Specialist
Division of Soil and Water Conservation
NC Department of Agriculture&Consumer Services
1

336-753-1810 Office
336-940-8901 Cell
www.ncagr.gov/swc
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: Rosebrock, Melissa
Sent: Monday, November 20, 2017 2:34 PM
To:Shepherd, Michael D<[e-mail]>
Cc:Joseph Johnson <[e-mail]>; Chandler, Rebecca D<[e-mail]>
Subject:Johnson/Fogleman Dairy Alamance County
Hi Michael,
This is to follow-up on our conversation this morning regarding one of our permittees in Alamance County. Fogleman
Dairy (Joseph Johnson) is permitted for 330 dairy and, I believe,the herd is antibiotic free. He is trying to convert to
organic and is having some difficulty meeting his PAN rates for cover crop and application window for corn.As I recall,
he applies waste to cover in September and then land applies again in February so that he has a substantial cover
crop to help suppress the weeds in his corn.
Joseph is currently working with Chris Reberg-Horton (PhD) regarding the organic aspect of his farm. See contact info
below.
i
Associate Professor
Organic Cropping Systems
Faculty
Williams Hall 1114A
chris [e-mail]
919.515.7597
http://www.organicgrains.ncsu.edu
The Division encourages Mr.Johnson in his endeavors but I am requesting some assistance regarding how to write a
WUP that also maintains compliance with regards to his Animal Waste Management Permit.Joseph had five fields
this year in which the cover was not harvested, resulting in an overapplication of PAN. However, as a small-grain "for
harvest" crop, he was in compliance with the PAN rate. Can the application windows or PAN be revised for this
situation?Any assistance would be appreciated.
Thanks,
Melissa
II
Melissa Rosebrock
Environmental Senior Specialist
INC Division of Water Resources
INC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
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