440055_Complete File - Historical_20190213

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality .
Mr. Lucius Jones
106 Timothy Lane
Waynesville, North
Dear Mr. Jones:
WATER QUALITY SECTION
February 5, 2002
Carolina 28776
Subj ect
NCDENR.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Property on Highway 276
Formerly Greg Ferguson Dairy
Haywood County
The Division of Water Quality has learned that Mr. Greg Ferguson has
recently removed all dairy cattle from the property which he leases from
you on Jonathon Creek Road (Highway 276), in Haywood County. This letter
is to advise you that if anyone else might be interested in leasing the
property in the future for a dairy or other animal operation, they will be
required to first obtain the necessary permits and certifications.
Before you lease the property to anyone else, or allow more animals
to be held on the property, it is advised- that you make sure that the
Haywood County Soil and Water office. and this Office are contacted,
regarding the need for any permits.
If you have any questions, please do not hesitate to contact Mr.
Keith Haynes or me at 251-6208. Thank you for your attention to this
matter..
Sincerely,
Zorrest Westall
Water Quality Regional Supervisor
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

rand
rth Carolina
R
t of Environment,
h Natural Resources 1 • •
Division of Water Quality
James B. Hunt, Governor E)1HHNFZ
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
DIVISION OF WATER QUALITY
October 8, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Greg Ferguson
3131 Rabbit Skin Road
Waynesville, North Carolina 28786
Subject: NOTICE OF VIOLATION
NCGS 143-215.1
Animal Waste Handling System
Greg Ferguson Dairy
Facility Number 44-55
Haywood County'
Dear Mr. Ferguson:
The routine on-site inspection of your animal waste handling
system for your dairy farm was conducted on September 17, 1997
by Mr. Keith Haynes of this Office. The investigation -revealed
one area of concern that needs to be addressed in order to assure
compliance with 15A NCAC 2H .0200 Regulations administered by
this Division. (A copy of Mr. Haynes inspection report -is
attached for your records.)
Specifically, wash -down water from the milk room is being
discharged directly into a small creek on your property. This
type of discharge constitutes a violation of North Carolina
General Statute (NCGS) 143-215.1, which is enforceable under
provisions of NCGS 143-215.6A.
It is our understanding that you are awaiting assistance
from the Haywood County Soil and Water Office for an Animal
Waste Management Plan which will address this area of concern.
While you are awaiting assistance, please make every effort to
assure that this discharge is not allowed to reach surface waters
of the State.
P.O. Box 29535, Nt)
FAX [phone]'
Raleigh, North Carolina 27626-0535 An Equal Opportunity/Affirmative Action Employer
Telephone [phone] -=1111 50% recycles/ 10% post -consumer paper

Mr. Greg Ferguson
October 8, 1997
Page Two
As you are probably aware, an approved Animal Waste
Management'Plan is required by December 31, 1997. This plan
should address the current problems. It is also required that
your dairy be certified by the same date.
Thank you for your attention to these matters. If you have
any questions concerning these subjects, please contact Mr.
Haynes or me at telephone number 251-6208.
Sincerely,
Roy M. Davis, Regional Supervisor
Division of Water Quality
xc: Haywood Soil & Water Office
Haywood County Health Department
Keith Haynes
Wanda Frazier

Pffivision of Soil and Water Conservation p Other Acrency
X Division of Water Quality
noutme 0 b ompsamt ® rouow-up at vvyq Enspecuon 0
Facility Number �
Farm Status: jS Registered p Applied for Permit
E3 Certified p Permitted
Date of Inspection
Time of Inspection F__IUTO_� 24 hr. (hh:mm)
.1 otat .1EEne (in iractEon of hours
(ex: 1.2-9 for 1 hr 15 min)) Spent on Review
or Inspection (includes travel and processing)
p Not Operattona Date Last Operated:
FarmName: ................................................................................. County: Haywaril.......................................... ARO............
Owner Name: Lucius
Jones
Phone No: 456-5278
Facility Contact: Greg,e boson.,_,.,,,.,.„.„.., Title: lessee Phone No: 704-926-D623
........................................................-.......................................
Mailing Address: 3.1,3.1 -Rabbit Slun..Road.................................................................... WavneaXMr_..IY.C.................................................. 28786
..........................
Onsite Representative: Greg Fe boson........................................................................... Integrator.............................................
..........................................
Certified Operator: Shannon ............................... Ferggson. Operator Certification Number: ?1311
.......................................
Location of Farm:
.1 �.
........................... ................... ............................................................... ..........................................
T=
Latitude L j ®• �d I K Longitude ® . F -Ur -1, F-197”
?e of Operation Design Current
Swine Capacity Population
❑ can to k ee er
❑ ee er to
mLs
❑k arrow to
Wean
❑ k arrow to
Ceder
❑ k arrow to
P Ems
❑ Other
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
PnE3aver
ion- aver
Total Design Capadty
Total SSLW 2459RT
Numberof La oons [Holding Ponds JE3 Su surface rains FreseETp Lagoon Area ❑ Spray ie rea
General
1. Are there any buffers that need maintenance/improvement?%Yes p No
2. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field M Other
a. If discharge is observed. was the convevance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes. notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
4/30/97 maintenance/improvement?
❑ Yes Ig No
❑ Yes M
No
❑ Yes ❑ No
❑ Yes M No
Ig Yes ❑ No
❑ Yes ®No
Ig
Yes ❑ No
Continued on brick

Facility Number: 41_55
6.. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
S. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (La?oons and/or!loldin? Ponds)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4
❑ Yes 0 N
Structure 5 Structure 6
..................................................................................................................................................................................................................................
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? [3 Yes ❑ No
12.Do any -of the structures need. maintenancelimprovement? ❑ 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 adequate minimum or maximum liquid level markers? ❑ Yes ❑ No
Waste Application
14. Is there physical evidence of over application? ❑ Yes ® No
(If in excess of WAP, or runoff entering waters of the State, notify DWQ)
15. Crop type .Hay ......................... ..................... Pastu e.............................Corp.(Silage&.G;ain1..................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No
17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ® No
18. Does the receiving crop need improvement? ❑ Yes N No
19. Is there a lack of available waste application equipment? ❑ Yes X No
20. Does facility require a follow-up visit by -same agency? 11 Yes ❑ No
21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes N No
For Certified Facilities Only
22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No
23. Were any additional problems noted which'cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
24. Does record keeping need improvement? ❑ Yes ❑ No
Comments (refer to: question #) Eaplam any,YES. answers, and/or any recommendations or any other comments
Use drawings of facilityto.betterezplam situations. .:(use.additionalpages'ashecessary)c
r
31 Milkroom wash down water enters a small creek which runs through the feed lot. Any run-off from the lot also enters the same
lot is scraped and hauled daily. The animals are kept on the lot only at feeding time. They are pastured all other times.
Facility will need a certifiable plan.
Notice of Violation will be sent concerning the wash down water.
Reviewer/Inspector Name D:.Keith H es
Reviewer/Inspector Signature:
Date: 9 ?(/.i� >Z.
cc: Division of Water Quality, Water Quality Section, Facility Ass'essment Unit 4/30/97

PP'PPP'_''
of North Carolina
epartment of Environment
and Natural Resources
Asheville Regional Office. •
Michael F. Easley, Governor
William G. Ross, Secretary
NCDENR­
Gregory
J. Thorpe, Ph. D.,.Acting Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES:
Division of Water Quality .
WATER QUALITY SECTION
7anuary 22-, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED-
Mr.
EQUESTED
Mr. Greg. Ferguson
Greg Ferguson. Dairy
3131 Rabbit,skin"Road
Waynesville", North,. Carolina. .2.8786.
Subject NOTICE OF VIOLATION
Animal operation Inspection,
Greg Ferguson Dairy
Facility: Number 44-55
Haywood, County::
Dear Mr. -,Ferguson.
Please `fi:nd enclosed a printed copy -of the InspectJon'Report for
the _routine: on-site inspection -of your animal operation which, was'.,
conducted by Mr. 'Keith Haynes of this office.
During the inspection it.was. evident that work toward your animal
waste management plan has not been completed according to your special
agreement. Please be advised that you are subject to the assessment of
civil penalties, as per your special agreement, for failing to be.
certi.fied.by the date specified in the agreement.
it is requested that you submit'a letter to this office stating
reasons why this matter should not be . refer. red to the Division of water
Quality's Central Office for assessment of -the civil penalties. 'If
this letter isnot received within 10 days of receipt of this Notice, a
recommendation.for. enforcement will be made..
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone]..' FAX [phone]
An Equal Opportunity Affirmative Action Employer,. "50% recycled/10% post -consumer paper

Greg Ferguson.
January 22, 2002
Page Two _
If you have any questions concerning this matter, please do not
hesitate.to contact Mr. Haynes or me.at 251-6208.
Sincerely,
i
Forrest R. westall
water Quality Regional.Supervisor.
Enclosure -
XC: Haywood soil and water office
Keith -Haynes
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

of Visit OO Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit OO Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Date of Visit: 12/12/2001 Time: 1430
Facility Number 44 55
�. 0 Not Operational ® Below Threshold
Permitted D Certified 13 Conditionally Certified E3 Registered Date Last Operated or Above Threshold: .........................
Farm Name: G>joglergWon..Daixy............................................................ ................ County: H4y.wg.Qd .......................................... ARO ............
OwnerName: Lucius ..................................... Jones............................................................ Phone No: 4,56-52.7.8 ....................................................................
Mailing Address: 3.1U.Rahbt.Ski-R9.ad.................................................................... W..AyAQKy1ft.N.0 .................................................. 287.86 .............
FacilityContact: .............................................. Title:................................................................ Phone No:...................................................
OnsiteRepresentative: None................................................................................................ Integrator:......................................................................................
CertifiedOperator: ................................................... ............................................................. Operator Certification Number:..........................................
Location of Farm:
176 north (Jonathan Valley) 2 miles on right from intersection of 276 north & highway 19 to Maggie Valley.
❑ Swine El Poultry ® Cattle ❑ Horse Latitude 35 32 42 �� Longitude 83 o Ol 18 u
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
❑Yes 0 No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes []No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier: ....................................................................................................................................................................................
Freeboard (inches): ................................... ......
❑ Yes ❑ No
❑ Yes ❑ No
N Yes ❑ No
�] Yes No
❑ Yes ❑ No
Structure 6

Facility Number: 44-55 Date of Inspection' 12/12/2001
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/'trees, severe erosion, ❑ Yes
seepage, etc.)
6 Ar th
e ere structures on-site winch are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
Yes
❑ No
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
[] No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
E] Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
ER Yes
❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
9 No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
0 No
12. Crop type
13. Do thereceiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
No
b) Does the facility need a wettable acre determination?
❑ Yes
No
c) This facility is pended for a wettable acre determination?
❑ Yes
1Z No
15. Does the receiving crop need improvement?
C] Yes
0 No
16. Is there a lack of adequate waste application equipment?
❑ Yes
CK No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
0 Yes
❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
9 Yes
❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
CK No
21. Did the facility fail to have a actively certified operator in charge?
10 Yes
❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
No
24. Does facility require a follow-up visit by same agency?
Yes
❑ No
25. Were any additional' problems noted which cause noncompliance of the Certified AWMP? fZ Yes ❑ No
Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
❑ Field Copy ❑ Final Notes
r little work has been performed toward the animal waste management system. It appears that the dairy will be going out -of -business.
itional information concerning the status of the dairy will be obtained and included in a follow-up report.
stions not answered on this form will also be addressed at that time.
Reviewer/Inspector Name
e
Reviewer/Inspector Signature:
nITA) 3/n 1
:•.
Date:
!'n»finvod

SOIL &WATER
CONS R V/
Haywood Soil and Water Conservation District
P.O. Box 425 • Waynesville, North Carolina 28786
[phone] • [phone]
[phone] - FAX
March 24, 2000
Mr. Forrest R. Westall
Water Quality Regional Supervisor
59 Woodfin Place
Asheville, NC 28801-2414
Dear Mr. Westall:
This letter is in reference to facility number 44-55, Greg Ferguson. I would like to let
you know what has already been done, what is being planned and to give you a timetable
signed by Mr. Ferguson to complete the work. We have also included in this a request
for additional time to complete this plan.
Because of the workload our engineers had for the area, Mr. Ferguson was the last
operation in Haywood County to receive his plan. Therefore he has not had as long as
some of the other operations to do the work. Mr. Ferguson has completed two stock
trails, two surface water diversions to keep the surface water from flowing into the
holding area, and some critical area seeding. He has also installed a culvert that carries
the surface water away from the barn and the temporary manure storage facility so the
surface water will not be contaminated. This culvert also keeps the wastewater from the
milk room and parlor from going directly into the creek like it did previously.
Mr. Ferguson has also done some grading in preparation for constructing his dry stack.
Since Mr. Ferguson already uses the town of Maggie Valley's water system for his water
supply, we have asked the town to let Mr. Ferguson hook on to the sewer line with the
wastewater from the barn and parlor. We have a meeting with the town of Maggie Sewer
Department, the District, Jeff Young — DENR Engineer and the property owner for the
week of March 27, 2000. If Mr. Ferguson receives permission to connect to the sewer
line that would take care of the wastewater problem and we already have plans in place to
take care of the solid waste generated by the dairy.
Also included in this letter as a separate document is a timetable for completion and a
request for additional time signed by Mr. Ferguson.
CONSERVATION • DEVELOPMENT • SELF-GOVERNMENT

If you need further information or we can assist you in anyway on this request, please do
not hesitate to call.
Thank you for your consideration.
Sincerely,
L slie Smathers
Haywood SWCD
cc/Keith Haynes

W,
TIME TABLE
For Completion of Facility. #44-55, Greg Ferguo son,
Animal Waste Management Plan
➢ May 31, 2000 — Hook onto sewer line for waste water
➢ December 1, 2000 —Completion of dry stack for holding solids
➢ December 31, 2000 — No discharge, but plan not complete
➢ April 1, 2001- To complete roof over feed lot
With the wok necessary to keep the farm operating and with milk prices being where they
are now, I feel this is a realistic time frame for completion of my Waste Management
Plan. During construction I will make every effort to be sure that waste is not allowed to
reach the stream. Therefore, I respectfully request a special agreement from the Division
of Water Quality to allow me to finish the plan I have started.
A � 9' -w
Greg Ferguson
3 /a -I AC'
Date

JUL-14-00 02:32 PM GAYNA EDMONDS 8286839708 P.02
July 13, 2000
Kerr T. Stevens, Director
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: EMC v. Lucius Jones of Greg Ferguson Dairy
Facility Number: 44-55
Haywood County
Dear Mr. Stevens,
This letter is in response to a letter I received dated June 30, 2000 from your office.
Pursuant to stipulation of Paragraph 4 of the Special Agreement I am notifying your office in
writing that the failure to comply was not intentional and was due to events and circumstances
beyond my control. Attached is a copy of a letter dated March 24, 2000 of this year from the
Haywood Soil and Water Conservation District asking for an extension of time, i have
accomplished a portion of the work 1 was required to do prior to this and have submitted
documentation for reimbursement which is at this time in the controllers office.
Please accept this as notice that I am coordinating and working with the local office
with Leslie Smathers to rectify this situation. Forthcoming will be documentation from his
office and others to verify that I am in the process of complying. I would request the
violation be stayed and in the meantime I will continue to negotiate with Mr. Smather's to
flnM what i, needed to be in compliance.
Any assistance you can give me with this matter will be greatly appreciated. If you
should have any questions or concerns please contact me at 828-926-0623 or Mr. Smathers at
the local office at 828-452-2741.
Sincerely,
JDX,� &�,
Greg T. Ferguson
3131 Rabbit Sldn Road
Waynesville, North Carolina 28786
cc: Keith Haynes
Forest R. Westall, Office of Legal Affairs, Attomey
General's Office
Leslie Smathers, Local office

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
DIVISION OF SOIL AND WATER CONSERVATION
December 15, 2000
Ms. Gayna Woody
P. O. Box 116
Leicester, NC 28748-0116
Dear Ms Woody:
I have obtained the document, "Gravity Sewer Minimum Design Criteria" adopted
by the Division of Water Quality on February 12, 1996. Within this document, all
specifications for proposed sewer lines are listed. After reviewing it, I am not
qualified to furnish engineering plans, calculations and other supporting
documentation for Mr. Ferguson's fast-track application for gravity sewer.
I sent you engineering drawings on November 3, 2000 that included a site plan and
cross-section of the proposed pipeline. These plans were prepared as part of the
animal waste management system which meets all USDA-NRCS -and SWCC
standards. However, I did not anticipate the pipeline would evolve into a municipal
gravity sewer having to meet state design criteria.
The state specifications require the installation of 48" diameter manholes and the
pipeline must be rerouted because the pipe shall have only straight alignment
between manholes. This requirement means another survey of a new pipeline
route must be completed and new drawings prepared.
If I attempt to develop plans for a municipal sewer, I will violate Chapter 89C of
North Carolina General Statutes also known as "The North Carolina Engineering.
and Land Survey Act." I recommend you or Mr. Ferguson retain the services of an
engineer or consulting firm experienced in public works projects: I will gladly furnish
any information or data I have regarding the animal waste management system to
them.
If you have any questions, please contact me at the Asheville Regional Office (828)
251-6208 extension 239.
Sincerely,
r'4-1
Jeff ung
,Enclosures
cc: Leslie Smathers, Haywood SWCD w/o enclosures
Keith; Haynes, DWQ_w7o:enclos_ures
,
Gregg Ferguson w/o enclosures
INTERCHANGE BUILDING, S9 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE 828=251-6208 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

MW
orth Carolina
_ Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary -
Kerr T. Stevens,'Director.
Division of Water Quality
�f
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
Mr. Greg Ferguson
Ferguson Dairy
3131 Rabbitskin Road
Waynesville, North Carolina 28786
Dear Mr. Ferguson:
February 23,- 2001
SUBJECT: Permit No. WQ0019629
Ferguson Dairy
Wastewater Collection System Extension
Haywood County
In accordance with your application received February 15, 2001, please find attached
Permit No=1NQ0019629--for the 'construction -and operation of the subject:wastewater collection
system extension. This Permit shall be effective from the date of issuance until rescinded and
shall be subject to the conditions and limitations as specified therein. This cover letter shall be
considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to condition three (3) of the permit which requires that
the wastewater collection facilities be properly operated and maintained, in accordance with
15A NCAC 2H .0227 or any individual system -wide collection system permit issued to the
Permittee.
Permitting of this project. does not constitute acceptance of any part of the project that. does
not meet 15A NCAC_2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design
Criteria for the Fast -Track. Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable, unless specifically mentioned herein. Division approval is based on acceptance of the
certification provided by a North. Carol ina-licensed Professional Engineer in the application—It
shall be the Permittee's responsibility to ensurethat' the as -constructed project meets the
appropriate design criteria and rules. Failure to comply may result in penalties in accordance with
North Carolina General Statute. 143-215:6A through 143-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina -Licensed
Professional Engineer to the licensing board.

Greg Ferguson
February 23, 2001
Page Two
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations; permission is hereby
granted to Mr. Greg Ferguson for the construction and operation of approximately 500 linear feet
of 8 inch gravity sewer; and the discharge of 1000 gallons per day of collected dairy wastewater
into the Town of Maggie Valley existing sewerage system, pursuant to the application received
February 15, 2001, and in conformity with 15A NCAC 2H .0200; the Division's Gravity Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria
for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting data subsequently filed and, approved by the Department of
Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of
Maggie. Valley Wastewater Treatment facility (NPDES Permit No. NC0056561) prior to being
discharged into the receiving stream
If any parts, requirements, or limitations contained in this permit are unacceptable,.you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt
of this permit. This request must be in the form of a written petition, conforming to Chapter 1506
of North Carolina General Statutes, .and filed with the Office of Administrative Hearings; 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be
final and binding.
If you need additional information concerning this matter, please contact Mr.. Keith Haynes
at 828/251 -6208. -
Sincerely,
Kerr T. Stevens
Enclosure
xc: Haywood County Health Department
Non -Discharge Permitting Unit
Keith Haynes

NORTH CAROLINA
- "-- ENVIRONMENTAL MANAGEMENT COMMISSION'
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject
to the following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed
in accordance with the conditions of this permit: 15A NCAC 2H moo; the Division of Water
Quality's (Division) Gravity Sewer,Minimum Design Criteria adopted February -12, 1996 as
applicable, the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Stations and Force Mains adopted June. 1, 2000- as applicable; and other supporting
materials unless specifically mentioned herein.
-2: This permit shall be effective only with respect to the nature and volume of wastes described -
in the application and other, supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. .
The Permittee shall maintain compliance with an individual system -wide collection system,
permitfor the operation and maintenance of these -facilities as required by 15A NCAC 2H
.0227. If an individual -permit is not required, the following performance criteria shall be met
as provided .in 15A NCAC 2H .0227-
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to January 1, 2004 and shall
be actively maintained'..
C. An operation and maintenance -plan shall,be developed and implemented.
d. Pump stations that arenot connected to a telemetry system shall be. inspected daily,
as defined in 15A NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump
stations shall be inspected every day. Pump stations that are connected to a
telemetry system shall be inspected at least once per week.
e.. High-priority sewer lines shall be inspected at least once per every six-month period.
of time..
f._ A general observation of the entire sewer.system shall be conducted at least once
per year..

g. Inspection and maintenance records shall be maintained for a period of at leas
years.
h. Overflows and bypasses shall be reported to the appropriate- Division Regional Office
in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as
required by North Carolina General Statute 143-215.1 C.
4. This permit shall not be transferable. In the event there is a desire for the wastewater
facilities to change ownership, or there is a name .change of the Permittee, a formal permit
request shall be submitted to the Division accompanied by documentation from the parties
involved, and other supporting materials as may be appropriate. The approval of this
request shall be considered on its merits andmay or may not be approved.
5. Construction of the gravity sewers shall be scheduled so as not to interrupt service by the
existing utilities nor result in an overflow or bypass discharge of wastewater to the surface
waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a
certification, a copy of the construction record drawings, as well as supporting design
calculations for any pump stations permitted as part of this project shall be received from a
North Carolina -licensed Professional Engineer certifying that the facilities .have been
installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000
as. applicable; and other supporting materials. If this project is to be completed in phases
and partially certified, you shall retain the responsibility to track further construction approved
under the same permit, and shall provide a final certificate of completion once the entire
project has been. completed. A copy of the construction record drawings, indicating the
facilities constructed in the phase being certified, shall be submitted with each partial
certification. Mail- the Engineer's Certification, one copy of the "Construction Record
Drawings", and one copy of the supporting design calculations to the Non -Discharge
Permitting Unit, 1617 Mail Service Center,, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for
the life of the wastewater collection facilities.
8. Failure to abide by the conditions and limitationscontained in this permit; 15A NCAC 2H
.0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable,; the Division's Minimum Design Criteria for the Fast -Track .Permitting of Pump
Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials
may.subject the Permittee to an enforcement action by the.Division, in accordance with
North Carolina General Statutes. 143-215.6A through 143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as -the construction of additional
or replacement facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government
agencies (local, state and federal) which have jurisdiction, including but not limited to
applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control

PprequireZments in 15A NCAC, Ch. 4 -and under the Division's General Permit NCG0100000,
anequirements pertaining to wetlands under -.15A NCAC 2B .0200 and 15A. NCAC 2H
.0500.
11. Non-compliance Notification:
The Permittee, shall report by telephone to the Asheville Regional Office, telephone number
828/251-6208 as soon as possible, but in no case more than 24 hours or on the next working
day, following the occurrence or first knowledge of the occurrence of either of the.following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater transport, such as mechanical or electrical failures of
pumps, line blockage or breakage, etc.; or.
b. Any failure -of a pumping station or sewer line resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility..
Persons, reporting such occurrences. bytelephone shall also file a written report in letter form
within five days following first knowledge. of the occurrence. This report must outline .the
actions taken or proposed to be taken to ensure that the problem does hot recur.
Permit issued this the twenty-third day of February, 200.1:
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT -COMMISSION
Kerr T. Stevens; Director .
Division of Water Quality
By,Authority of the Environmental Management Commission
Permit Number WQ0019629

Permit No. WQ0019629
February 23, 2001
ENGINEERS CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, Ferguson Dairy Haywood County for the
Project Name' Location and County
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within
substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria -for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's seal, signature, and date:
The above Engineer's Certification shall be completed and submitted to the address below with one
copy of the "Construction Record Drawings" of the wastewater collection system extension as well
as supporting design calculations for any pump stations permitted as part of this project. This
project shall not be considered complete nor allowed to operate until this Engineer's Certification
and all required supporting documentation have been received by the Division. Any wastewater
flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee
-to appropriate enforcement actions.
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617

FACILITY. AND PERMIT
DATA 02/14/01
13:57:18
TRXID 50U KEY WQ0019.629
DATA FACILITY APPLYING
FOR PERMIT APP/PERMIT
FEE-$ 400.00
REGION
FACILITY NAME> FERGUSON DAIRY-FERGUSON DAIRY2
COUNTY> HAYWOOD -
01
ADDRESS: MAILING (REQUIRED) ENGINEER:
HAYES,SEAY,MATTERN&MATTER
STREET: 3131 RABBITSKIN ROAD
STREET:
PO BOX 2646
CITY: WAYNESVILLE ST NC
ZIP 28786 CITY:
SPARTANBURG ST SC
ZIP 29304
TELEPHONE [phone]
TELEPHONE:
864 585 0185
STATE CONTACT> SERG/ARO
FACILITY.CONTACT
GREGORY T. FERGUSON
TYPE OF PROJECT> SEWER -PRIVATE
LAT: LONG:
DATE APP RCVD 02/0 O1
N=NEW,M=MODIFICATION,R=REISSUE>
N
DATE ACKNOWLEDGED 02/1 01
DATE REVIEWED
/ / RETURN DATE
REG COMM REQS / /
DATE DENIED
/ / NPDES #-
REG COMM RCVD / /
DATE RETURNED
/ / TRIB Q
.0000 MGD
ADD INFO REQS / /
OT AG COM REQS
/ / TRIB DATE-
ADD INFO RCVD / /
OT AG COM RCVD
END STAT APP P 05/07/01
DATE ISSUED
/ / DATE.EXPIRE
FEE CODE( 7)1=(>1MGD),2=(>10KGD),3=(>1KGD),4=(<1KGD+SF),5=(S>300A),6=(S<=300A),
7=(SENDEL),8=(SEDEL),9=(CLREC),0=(NO FEE) DISC CODES 53 ASN/CHG PRMT
ENG CERT DATE / / LAST NOV DATE / / CONBILL( )
COMMENTS:
MESSAGE: *** DATA MODIFIED SUCCESSFULLY ***
FEB 15 20011]
GREGORY T. FERGUSON,.
SHANNON P. FERGUSON z
P. O. B6X 1576 704--926-66M t
2.!Ar.GM VALLEY, NC 28751 Y i Date
-. a{
PAY to the NC Dept. of Envi`r•onment and Natural- R_
0RDERof
FIRST UNION
FIRST UNION NATIONAL BANK
R/T 053101626
BRANCH 10005
Permit Application Fee.
For ....�`D' ---
erguson 1, arms .. _
= 1:0531016 61: 106 10 5 7 1086 3 It 4402
-DESIGNER CMEGI66�HORS,trPUY �Y __
4402
66-162/531
��-
f o-mnmea

FIFTY YEARS
1 February 2001
N.C. Department of Environment
& Natural Resources
Division of Water Quality
Non -Discharge Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Ferguson Dairy Sewer
HSMM Commission No. 60140.11
Gentlemen:
Enclosed please find a package for a FAST-TRACK APPLICATION for GRAVITY SEWERS,
PUMP STATIONS, AND FORCE MAINS. This package contains the following:
• Two (2) copies of application form
• One WSCA 10/99
• A check in the amount of $400.00
• Three (3) copies of Operational Agreement
• Two (2) copies of Flow Acceptance Letters. f
This project will consist of a gravity sewer extension to serve a dairy farm. If you have any
questions or comments regarding the project, please contact me.
Sincerely,
HSMM
Richard Anderson
Project Engineer
RA/dc
Enclosures: as noted
RECEIVED
WATER OUA1.1TYSEGTION
FEB 6 2001
Non -Discharge Permitting
Hayes, Seay, Mattern & Mattern, Inc. ARCHITECTS ENGINEERS PLANNERS
145 North Church Street PO Box 2646 Spartanburg SC 29304 Tel:[phone] Fox:864.585.1504 www.hsmm.com

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
FAST-TRACK APPLICATION
for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
(Pressure sewers systems are not to be included as part of this application package)
THIS FORM XIA 1' BE PHOTOCOPIED FOR USE AS AN ORIGINAL.
INSTRUCTIONS: Indicate that you have included the following list of required application package items by signing your
initials in the space provided next to each item. Failure to submit all required items will lead to additional processing and review
time for the permit application.
V/efA. Application Form - Submit one original and one copy of the completed and appropriately executed application form.
Any changes to this form will result in the application being returned. The Division of Water Quality (Division) will
only accept application packages that have been fully completed with all applicable items addressed. You do not need
V to submit detailed plans and specifications unless you respond NO to item IV.6. and/or item IV. 10.
B. Attachment - Submit the completed and properly executed Form WSCA 10/99 for each watershed within the project
location.
C. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment
and Natural Resources (NCDENR).
!14 D. Certificates of Public Convenience and Necessity — If the application is being submitted in the name of a privately -
owned public utility, submit two copies of the Certificate of Public Convenience and Necessity, which demonstrates
that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a
Certificate of Public Convenience and Necessity has not been issued, provide two copies of a letter from the NC
Utilities Commission's Public Staff that states that an application for a franchise has been received, that the service area
is contiguous to an existing franchised area, and/or that franchise approval is expected.
E. Operational Agreements — Submit one original and two copies of a properly executed operational agreement if the
sewer extension will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels,
etc.) that will be owned by a homeowners' association or developer. If the applicant is a homeowners' association, use
Form HOA 10/99. If the applicant is a developer, use Form DEV 10/99.
V/ F. Flow Acceptance Letters — If the owner of the downstream sewers and/or WWTF is different from the applicant,
submit two copies of a flow acceptance letter from the owner of the downstream sewers and WWTF. Flow acceptance
letters must contain the following minimum information: applicant and project name, amount of flow accepted, and
name and permit number of the receiving sewers/WWTF. The flow acceptance must not expire prior to permit
issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other
contracts will not be accepted in lieu of a project -specific flow acceptance letter.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
By Courier/Special Delivery:
512 NORTH SALISBURY STREET, SUITE 1219
RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone]
FACSIMILE NUMBER: [phone]
For more information, visit our web site at. h2o.enr.sta1e.naus/ndpu/ RECEIVED
WAT1=0 nl It 9 1-l' ION
Non -Discharge Pennitng
FORM: FTA 06/00 Page 1 of 5

Application Number: (to be completed by DWQ)
I. GENERAL INFORMATION:
1. Applicant's name (name of the municipality, corporation, individual, etc.): Ferguson Dairy
2. Owner's or signing official's name and title (15A NCAC 2H .0206(b)): Gregory T. Ferguson
3. Name and complete address of applicant: Gregory T. Ferguson
3131 Rabbittskin Road
City: Waynesville State: NC Zip: 28786
Telephone number: 828 ) 926-0623 Facsimile number: (_ )
4. Project name (name of the subdivision, facility or establishment, etc.): Ferguson Dairy Sewer
5. County where project is located: Haywood
6. Fee submitted: $ 400 (See Instruction C.)
7. Name and complete address of engineering fret: Hayes, Seay, Mattern & Mattern
P.O. Box 2646
City: Spartanburg State: SC Zip: 29304
Telephone number: C&64 ) 585-0185 Facsimile number: 864 ) 585-1504
8. Name and affiliation of contact person who can answer questions about application: Rich Anderson
Project Engineer, Hayes, Seay. Mattern & Mattern
II. PERMIT INFORMATION:
1. Project is: X new; modification
2. If this application is being submitted as a result of a modification to an existing permit, provide:
existing permit number
and the issuance date
3. Applicant is: public _X_ private
If private, units (lots, townhomes, etc.) are: leased (Skip to item III.); sold
If sold, facilities owned by a: public utility (See Instruction D.);
homeowners' association/developer (See Instruction E.)
III. INFORMATION ON WASTEWATER:
1. Please provide a one- or two -word description specifying the origin of the wastewater (school,
subdivision, hospital, commercial facility, industry, apartments, condominiums, etc.):
Dajry Parlor (wash water from cow milking)
2. Volume of wastewater generated by this project: 1000 gallons per day
3. Explanation of how wastewater flow was determined (15A NCAC 2H .0219(1)):
Present water useage
4. Nature of wastewater: 100 % Domestic/Commercial; % Industrial;
% Other waste - specify:
FORM: FTA 06/00 Page 2 of 5

FF
F51f wastewater is industrial in nature:.
a. Level of pretreatment that has been provided to ensure protection of the receiving collection system
and wastewater treatment facility: NA
b. If a pretreatment permit is required, has one been issued? NA Yes; No. If yes,
please attach a copy of the pretreatment permit. If no, provide date application was submitted:
IV. DESIGN INFORMATION:
1. Brief project description: Gravity sewer and manholes to serve dairy farm.
2. Owner and name of wastewater treatment facility (WWTF) receiving wastewater (See Instruction F.):
Town of Maggie Valley WWTP
3. WWTF permit number (NC00***** or WQ00*****): NCO056561
4. List the owner(s) of any intermediate sewers if different from applicant or owner of WWTF (See
Instruction F.):
5. Summary of GRAVITY SEWER to be permitted:
Diameter
(inches)
Length
(linear feet)
8"
500'
NA
6. Does the subject gravity sewer collection system comply with the most recent version of the Gravity
Sewer Minimum Design Criteria and 15A NCAC 2H .0200? X Yes; No. If no, please
identify criteria and explain:
7. Summary of PUMP STATIONS to be permitted:
No. or
Name
Design Flow
GD
Pump Operational Points
GPM feet TDH
Reliability Option
Selected
NA
FORM: FTA 06/00 Page 3 of 5

= Suifimary of FORCE MAIN to be permitted:
�a Diameter Length
-(inches) (linear feet)
NA
9. List any equipment being utilized that is not specifically mentioned elsewhere in the application or as
part of the Minimum Design Criteria (e.g., telemetry, hoist, odor control equipment, mechanical bar
screens, etc.): NA
10. Do the subject pump stations and force mains comply with the Minimum Design Criteria for the Fast -
Track Permitting of Pump Stations and Force Mains document adopted June 1, 2000 and 15A NCAC 2H
.0200? NA Yes; No. If no, please identify criteria and explain:
NOTE: If you responded NO to item IVA and/or item IV.10. above, two (2) copies
of detailed plans, specifications, supporting information, and any other materials
pertaining to the identified criteria should be submitted with the
completed and appropriately executed application form.
FORM: FTA 06/00 Page 4 of 5

'KxTLFICATIONS
Professional Engineer's
fittest that this application for s..� li" Ai
Z 11 1 aly e 4 •� A .,1Y C_ has been reviewed by me and is
accurate, complete and coWent with the infa6Lon in the engineering plans, calculations, and all other
suppoong documentation to the best of my knowledge. I firrther attest that to the best of my knowledge the
proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum
Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000. Although certain portions of
this submittal package may have been developed by other professionals, inclusion of these materials under
my signature and seal -signifies that I.have reviewed this material and have judged it to be consistent with the
proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person
who knowingly makes any false statement, representation, or certification in any application shall be guilty of
a Class' 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to
$25,000 per violation..
North Carolina Professional Engineer's seal, signature, and date:
VtJfq rr N
f �.cn-Oiacitwrc�n tJemiRtUing °
4 3 0_ '
�. a o
® SFS fVicP�'�
Applicant's Certification:
T_' attest that this application for
4' L has been reviewed by me and is
accurate and comple't6 to th est of my knowledge. I understand that if all required parts of this application
are not completed and that if all required supporting information and attachments are not included, this
applicatioa'package will be returned to me as incompiete. Note: In accordance with NC General Statutes
143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or
certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:. s�� �/E Date: 1LOCO
00 L
FORM: FTA 06/00 Page 5 .of 5

State of. North Carolina
Department -of Environment and Natural Resources
Division of Water Quality
FAST-TRACK APPLICATION
for GRAVITY SEWERS, PUMP STATIONS, AND. FORCE MAINS
(Pressure sewers systems are not to he included XS part of this application package)
THIS FORM .tl: f F BE PII07Oc'0111EU FOR USE : IS : f N ORIGINAL.
L.
INSTRUCTIONS: Indicate that you have included the following list of required application package items by signing your
initials in the space provided next to each item. Failure to submit all required items will lead to additional processing and review
time for the permit application.
yefA. Application Form - Submit one original and one cop) of the completed and appropriately executed application form.
Any changes to this form will result in the application being returned. The Division of Water Quality (Division) will
only accept application packages that have been fillh completed with all applicable items addressed. You do not need
to submit detailed plans and specifications unless you respond NO to item IV.6. and/or item IV. 10,
B. Attachment - Submit the completed and properly executed Form WSCA 10/99 for each watershed within the project
location.
C. Application Fee - Submit a check in the amount of S -t00 made payable to: North Carolina Department of Environment
and Natural Resources (NCDENR).
WD. Certificates of Public Convenience and Necessity — If the application is being submitted in the name of a privately -
owned public utility, submit tw,o copies of the Certificate of Public Convenience and Necessity, which demonstrates
that the public utility is authorized to hold the utilit% franchise lilr the area to be served by the sewer extension. If a
Certificate of Public Convenience and Necessity has not been issued, provide two copies of a letter from the NC
Utilities Commission's Public Staff that states that an application filr a franchise has been received, that the service area
is contiguous to an existing franchised area, and/or that franchise approval is expected.
E. Operational Agreements — Submit one original and two copies of a properly executed operational agreement if the
sewer extension will be serving residential or commercial lots (e.g.. houses, condominiums, townhoincs, outparcels,
etc.) that will be owned by a homeowners' association or developer. If the applicant is a homeowners' association, use
Form HOA 10/99. If the applicant is a developer, use Form DLV 10/99.
V/ F. Flow Acceptance Letters — It' the owner of the downstream sewers and/or WWTF is different from the applicant,.
submit two copies of a flow acceptance letter from the owner of the downstream sewers and WWTF. Flow acceptance
letters must contain the following minimum information: applicant and project name, amount of flow accepted, and
name and permit number of the receiving sewcrs/WWTF. The flow acceptance must not expire prior to permit
issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other
contracts will not be accepted in lieu of project -specific flow acceptance letter.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 NORTH SALISBURY STREET, SUITE 1219
RALEIGH,, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone]
FACSIMILE NUMBER: [phone]
For more information, visit our web site at: h2o.enr.s1ate ncus/ndpu/
12 _6 C- -` 14 E F)
WATF? a ;Ai I + Y gFt`iioN
G G 2001
FORM: FTA 06/00 Page 1 of 5
Non -Discharge permitting

Application Number: ��7� �`�K (to be completed by DWQ)
I. GENERAL INFORMATION:
1. Applicant's name (name of the municipality; corporation, individual, etc.): Ferguson Dairy
2. Owner's or signing official's name and title (I 5A NCAC 2H .0206(b)): Gregory T. Ferguson
3. Name and complete address of applicant: Gregory T. Ferguson
3131 Rabbittskin Road
City: Waynesville State: NC Zip: 28786
Telephone number: 828 ) 926-0623 Facsimile number: (_ )
4. Project name (name of the subdivision, facility or establishment, etc.): Ferguson Dairy Sewer
5. County where project is located: Haywood
6. Fee submitted: S 400 (Sec Instruction C.)
7. Name and complete address of engineering firm: Hayes, Seay, Mattern & Mattern
P.O. Box 2646
City: Spartanburg State: SC Zip: 29304
Telephone number: (864 ) 585-0185 Facsimile number: (864 ) 585-1504
8. Name and affiliation of contact person who can answer questions about application: Rich Anderson
Project Engineer, Hayes, Seay, Mattern & Mattern
11. PERMIT INFORMATION:
1. Project is: _X_ new; modification
2. If this application is being submitted as a result of a modification to .an existing permit, provide:
existing permit number
and the issuance date
3. Applicant is: public _X_ private
If private, units (lots, townhomes, etc.) are: *A_ leased (Skip to item III.); sold
If sold, facilities owned by a: public utility (See Instruction D.);
homeowners' association/developer (See Instruction E.)
III. INFORMATION ON WASTEWATER:
1. Please provide a one- or two -word description specifying the origin of the wastewater (school,
subdivision, hospital, commercial facility, industry, apartments, condominiums, etc.):
Dairy Parlor (wash water from cow milking)
2. Volume of wastewater generated by this project: 1000 gallons per day
3. Explanation of how wastewater flow was determined (15A NCAC 2H .0219(l)):
Present water useage
4. Nature of wastewater: 100 % Domestic/Commercial; % Industrial;
% Other waste - specify:
FORM: FTA 06/00 Page 2 of 5 -

P1If wastewater is industrial in nature:
a. Level of pretreatment that has been provided to ensure protection of the receiving collection system
and wastewater treatment facility: NA
b. If a pretreatment permit is required. has one been issued? _NA Yes; No. If yes,
please attach a copy of the pretreatment permit. If no, provide date application was submitted:
IV. DESIGN INFORMATION:
1. Brief project description: Gravity sewer and manholes to serve dairy farm.
2. Owner and name of wastewater treatment facility (WWTF) receiving wastewater (See Instruction F.):
Town of.Magsie Valley WWTP
3. WWTF permit number (NC00***** or WQ00*****): NCO056561
4. List the owner(s) of any intermediate sewers if different from applicant or owner of WWTF (See
Instruction F.):
5. Summary of GRAVITY SEWER to be permitted:
Diameter
(inches)
Length
(linear feet)
8"
500'
NA
6. Does the subject gravity sewer collection system comply with the most recent version of the Gravity
Sewer Minimum Design Criteria and 15A NCAC 2H .0200? _X Yes; No. If no, please
identify criteria and explain:
7. Summary of PUMP STATIONS to be permitted:
No. or
Name
Design Flow
MGD
Pump Operational Points
GPM (a7 feet TDH
Reliability Option
Selected
NA
FORM: FTA 06/00 Page 3 of 5

Summary of FORCE -MAIN to be permitted:
Diameter Length
(inches) (linear feet)
NA
9. List any equipment being utilized that is not 'specifically mentioned elsewhere in the application or as
part of the Minimum Design Criteria (e.g., telemetry, hoist, odor control equipment, mechanical bar
screens, etc.): NA
10. Do the subject pump stations and force mains comply with the Minimum Design Criteria for the Fast -
Track Permitting of Pump Stations and Force Mains document adopted June 1, 2000 and 15A NCAC 2H
.0200? _NA Yes; No. If no, please identify criteria and explain:
NOTE: If you responded NO to item IVA and/or item IV.10. above, two (2) copies
of detailed plans, specifications, supporting information, and any other materials
pertaining to the identified criteria should be submitted with the
completed and appropriately executed application form.
FORM: FTA 06/00 Page 4 of 5

RTIFIC MONS
Professional
Engineer's Certification:
�,�C�Vattest that this application for s2(. AL, G[��
C— has been reviewed by me and is
accurate, complete and coqgVent with the uifufiiation in the engineering plans, calculations, and all other
suppo[ting documentation to the best of my knowledge. I further attest that to the best of my knowledge the
proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Vfinimum
Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum .Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000. Although certain portions of
this submittal package may have been developed by other professionals, inclusion of these materials under
my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the
proposed design.. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person
who knowingly makes any false statement. representation, or certification in any application shall be guilty of
a Class: 2 misdemeanor which rmty include a fine not to exceed $10,000 as well as civil penalties up to
525,060 per violation.. .
North Carolina Professional Engineer's seal, signature, and date:
RECEIVED
WATr,P 01 111 IV 5F01'ON
6 2001
Non -Discharge Permit'ng
Applicant's Certification:
�`•`:=�• ��, is sue,?ra,
•'u
�L
4 • ' 3
♦� 'S��1 "".. ear•" C,n '' ^ , <
attest that this application for _
�i il4' l has been reviewed by me and is
accurate and comple�t3 to th est.of my knowle ge. I understand that if all required parts of this application
are not completed and that if all required supporting information and attachments are not included, this
application package will be returned to me as incomplete. Note: In accordance with NC General Statutes
143-215.6A and 143-213.6B, any,,person who knowingly makes any false statement, representation, or
certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed S 10,000 as well as civil penalties up to :S25,000 per violation
Signature:. x, `/4 9.7Date:
00—
FOR.Nf: FTA 06/00 Page 5 of 5

4
oil V��,Meupli
State of North Carolina
Department of Environment and -Natural Resources
Division of Water Quality
WATERSHED CLASSIFICATION ATTACHMENT
FAX NO.: 864SAMf504
PAGE 02
01-2401 E1:1NP P.02
Any changes made to this form vvill result in the application being returned.
(THIS FORK WYBB PH07WOPIED FOR USE,45AN ORIMNAL)
INSTRUCTIONS:,
,
- —= To-fttetnnine the -classification of the watershed(s) in which the subject project will be located, yovare required to
submit this fomi, with Items 1 through 8 completed, to the approprim Division of wator Quality Regional Office
Water Quality Supervisor (see Page 2 of 2) prior to submittal of the tlpplleation for review. At 8 tninitltum you trust
- include an 85" by 11" copy of the portion of a 7.5 -minute USaS Topographic Map that shows the surface waters
immediately downslope of the project. You must identify the location of the project and the closest downslope
surface waters (waters for which you are requesting the classification) on the submittal map copy. If the facility is
located in the Neale River Basic, also include it copy of the sail sumay nup for the projoct location. The
corrpcponding non-dlecharge application may not be aabmlthid until thus form Is completed by the approprlato
V regional utiles nod included With the stibtnitbA
1 _ Applicant's. name (nme of the municipality, eoiporetion. Individual. arc.): der =n Dairy
2. Name :cid complete address otapplicant: '—Guam T. F
City. _ waynesvillc State: ..._NC Zip: „28796
Telephone number: (jam) __226-0623, _ Facsimile number:
3. Projea name (name of tfta subdivision, facilityor ep 0lishmein, etc.): W".F„ ignson i7ahy ;qr
4,. County where project is located;
5, Nan1e(s) of closest surface waters: _ _ .. Mbutary to lonathmCreek -- — _
b. River basins) in which the project is lomw: Emudubg
f
1. 1 "popmphic map name and date.:
s. Nam _4&3Jlj&bMional ftineer's scat, signature, and data: �,�`� ��. CAkp��'+.,�
WATER n1 i s1_i oV cin! fON ,?`
W, Is �ESS!(j''•y� '.
4.
RM 6; 200
1P •
!"• = o
Non-Dischargd Nrmiting +� r .•�' � ��,� gt'.yy+`
TO: REGIONAL OFFICEWATER QUALITY SUPERVISOR ,•�'+i� fS MCP��'t���`.
111mic provide mo with the clwification(s) of the sildkc waters, wabrabod(s), an�d.appropriate rivet basln(s) where
these activities will occur, as identified on tato attached trap sepmt:0.
-
Nsmc(s) of 5lirrac:e waters and river basin(e); �* �CTr
classificinion(s) (as'estabilshcd by rile i✓MC): • c r f
Proposed clas5iftcatlofi(s); if applieAble: .`. '._
River basin buffer rules, if applicable:
:Signature of regional office personnel:
`1.0kM: WSCA 10/99 1 "Phap
Date:

1PIPPIRM77
Hayivo.od_ — -
Pernlit No.
C'I 1 - 2 4 - 0 1 C1 4 : 1 2, P P . Li
Q PF RA T10N.-UL-A QTREEMENL7
Tliis_",GREE%"ENTjii�dcpLLs,artto,-'.S.14---15.lt4l)and. enteredi.. this
January
— 214th
day of
by 1,11d hetvvep-n the North Carolina En-,:iroY-,rn%-nta! N-(a-.1ae
,e,rnenq
C01-1-Irninsion., an agency of thf- State of Nord) Carolina. hefeil`3aftur knovii as the COM I'S N a
sjo : nd
Gre,iory T. Ferouson
-a corporation.."evencrai pmtnerhip to d
business it'. the State of North Carolina. licrcinafterktiovvn as the DEVUT�OPER_
\V177NE5,5F_TIl:
I The , DEVELC)PER 15 t�,e of -die certain lands lvinL, in Haywood County, upon, itis g a
erectinnd will erect dwell4)S units t ' - J(�P_dle- to he known
and other improvements, said dev­ r!�-
as FerqLiscn Dairy., ...— (hereinafter the Development).
The J :)EVELOPER desires, to construct a wastewater collection. �,vst,­Ii -with pumps., W"-3t"v'-Ljter treatment
NvUrIK5, cui&ur disposal .lacijlid,s (lit--reinafter Disposal Svsteni) to pr,()-vido sai "'
the Develoi-_ini-nit on said lands.3. lltarY Sewage disposal to serve
The. DEVELOPER liars applied to the COMMISSION T"Or tt-.',e 11"sitlaricc of a pertnit pursuant to 1-t3-
15.1 W con5trucz, maintAn. a�,d operate the Disposal Systen
4. The DEXELOPE.R -tie- -Ys unit
has cz ted. or shall create unit ov,, rship In -;_lid dNvelling Ls. other -er improvements
and lands through filing of a Declaration of Oi�,mer,5hip (hereinafter Deeltration). pursuarit ic Charter
-1 1 P
�7C of the North Carolina General Statutes,
5. The DEVELOPER has caused to bel'Ormed or will cause to be f((­,)rmed at the time of fi.IiRL, of the
De.claradon.. the (T - nit Owners' A5sociatioii) (hereinafter
A6.Wc.iation). a non-profit corpora -Lion or-an,,zed and eNisting under,:uld by the virtue of the laws of the
State &North Carolina. for. the purpose.taMlon8l others, of handling the pro
the Development: of perty, atzdrs and business of
operating, mal at ung, re-consitructing and repairing. the cornnicni elerrient,�' �)f the
;.ands and improv'Crtionts Subiect 5 repairing.
to Unit �inckiding the Disposal System: and of .,ollecring dues
and assessments to provide funds: for such operation, mai.vitenance, re -construction and repair
The CO-NAMISSION desires to assure that The Dispersal Syatem. of the Development is Properly
constructed. maintained and operated in accordance with la%v '
---uld permit provisions ii, order to protect the
qualiry of the waters of the State and the public iritere,%t therein.
NOW. THEREFORE. in consideration of the promises and the benefits to be derived by each of the parties
hereto, thL CO3MMISS)JON and DIEVEL(DPER do hereby mutually agree as fi'.Alows.-
I
1. ThC _PEVETLIQPFF, ',WIJI COMIRruci Lb.e Disposal Svstein in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly v e I operate
r e
and -nain tain such systems and facilities in accordance with applicable permit provisions and law.
The DEVELOPER shall not transfer ownership and: nr control of the Disposad System to the Association
until constructima has) been completed ia accordance with the permit -and approved plans, and the staff of
the Division of �Vater Quality has inspected and approved or the Iacilitie.. Ju order to chan-_e The nanne of
the permit holder, the bEVEIC)PER rri:.ist request th.,it the permit be reissued to the Association- The
i
request musi include a copy of the. Association Bylaws and Declaration.
Tbe.DF_VEL-C1PF_R shall not transfer, convey, assign or otbervvise relinquish or ruleasr its responsibility
for tlicn openmon and maintenance of its Disposal System until a permit has been reissued to tl-
DEVELOPLI"I's successor.
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of ,he common elements and shall tb re ft r be
properly maintained and
operated in conformity with lave: and the provisions of the permit for construction,
op a
tP 1Dd n
FORM. DEV 10.. 9 91 Pag VVATEP (_-)1j-41_lTV,9FC_I ION
e I of 2
6 2001
Ncn-Dis,jiarpe permitrIng

7'.i ,r runt rJ .'�.-l•.'-i;'i :�R':]'?r,
.:: :..-r ''ui.. crrire
i:,. sal S� Stem as a comnion e.j. rt �.ti prep tc ill receire the hi hest ur io'r its" for
SSoc:lation except t er .Fedenil..State.- and local taxes and insuraIlce.
c t.EV I. l Uk'EF shall proyi.de in the Declaration atld Assccidtiori i�ylaws that the IIi .poral Systezjl NvI11
L
tmtint. ilne_d out of rhe C oimmon expCthses. - In order to assure that there shall he funds readily available to
repair', maititam or Construct the Disposal Systern.. bevottd t1,e romine operation.and rnaintetlanc:.e
ex.pe.nses, the Declaration and Association Bylaws shrill provide that a fund be created Otlt of the cotnmor.
ClpcthscJ. SUC11 1ttlld tihi;ll be Stparite. It'othl t,lt. routine mi.,unteiiance funds aliocaie.d for the, facility and
shall. be hart of the yearl-v budget.
6. In the evert the Cclnhlnoil �.xpettse ailocatiou and separate fund, are not ,adequate for the construction,
repair, and maintenance of tilt: Disposal Sivstern, the Declaration and Association F_3yiay.-s shall provide for
special rl sessmcnts to cover such ne.ces5:iry costs. '['here shall be no limit on the ;arliOunt of 5;uch
exsscssm iits, arld the Declaraation cthd Bvla,'vs shall provide that such special assessments can be trade as
nECe:isary at any time.
7. if a wastewater collection system and Nrastcwater trcatment and/or disposal facility pr'ovid, c3 by any city,
town, villaze. courity- ���atet- anI sewer authorities, or other unit o` goyevmient shall hereinafter become
;available to sevie the Developmem, the DEVELOPER shall take such action as is necessary_ to catdse the
exi.szing rand future e�rastetiv�tcr ccfthe L�eyeloprnent to be accepted and discharged into said governmental
s stem. and shall corivey or tranefev as couch of the Disposal System and such necessary eaernents as the
*uverrIM."2tltal unit nay require as condition of accept m, the D'evelopment's wast \,eater.
8. RCCO211171n_ that. it would be c.o.ntriry to the public interest and to the public health. safety and welfare for
the. Assoc]ation to enter into volunt�ry dissolution %vithout having made adequate provision for the
cont.inucd proper-naintcnauicc, repair and operation of its Disposal S_YStem, the DEVELOPER shall
Provide in the ;\ssociation Bvlan•5 that the Association shall not enter into Ygluntary dlssoluticn without
first havitif, transfcrrcd its said systenl and facilities to some person, corl,oration qr ether entity acceptable
to and approved by. the C:ONMNUS,SJONT by the issuance o.t a permit.
9. The agreements set forth in numbered paragraphs 1. 13, 4, 5, 6, 7, and S above shall be conditions of any
nerrnit tssLi�.d by thetL theRth.etipconstruction, maintenance, repair and
operotion of the Disposal System.
10. A copy of this acs gement shall be titled at the Register of Deeds in the Cou:nty(ies) where the.' Dtclar tion
is ..filed and in 'he. oi�iecs of the Secr�tary of State of North Carolina with the Articles of Nc:)rporation of
the A.5sociation.
IN 'vVITNESS WHEREOF, ti;.is agreement was executed in duplicate (ITIginals. by the duly authorized
representative of the parties hereto an the day and year written as indicated by each of the parties named below:
FCO THF ENVIRONNIENTAL
NMA"I' CEMENT COQ- TOISSION
Kerr T. Stevens. Directc)r
Division of Water Quality
(Date)
Gregory 7. Ferguson
Name of DEVELOPER
By:
(Sigziatur
int, 1mc olid Title. 1
Date)
FORM: ' DFS' l U 99 Parc 2 of 2

Permit No.
►NAL. AtTREEIMENT
FJ 1 - 2- 4 - C, 1 04:12. P R.0
3.
-NT made pursuant to CT.S. S 14' , I S. I (d t) and entered ince This IIE GREENito this, 24th
day or'
January 2001
by anal hetv,-ee-n the North Carolina Envirot-,mt-ntal Management
Coinn-lission. an agency of` he State of'North Carolhia". hexe;TiaftC-Tknov%-n as the COMIM ,,S SION. and
Gregory T. Ferguson a corporation.'`,r-lencrai partnership rcgistered:'liccMadtd
business in the State of North Carolina. licrcinafter krimvri as the D EVT;T-.(DPER,
WITNESSETIL
I. Tile. DEVELOPER 15 ti -,e m\a,,er of the. certain lauds lvitiLiri Haywood county, upon
%vhicl) it is erecting and will erect dwelling twits and other improvements, said devel
op -men, to he knki-,,,m
as Ferguson L9airy, (lieTeinafter the Development-).
2. The DEVELOPER desire-,, to construct a waste��-ater collection. syste-m with pumps. veast-l-water Treatment
Nvurk'5, and/or disposal (hereinafter Disposal System) to provide sanitary sewage disposal To serve
the Devcllopnimt on said lauds_
.1 The DEVELOPER has applied tip the COM.MISSIC)'N or the 1'1,,,suancc of a perinit pursuant to C.S
to comtruct, niaintain. w,.d operate the Di,5poFzil Svsterll,
4. The DEVELOPER has created. or shall create unit owr, !-ship in ,lid dwelling UtlitS, other improvements
and lands throuL,,h filing of a Declaration of Unit Ownership (hereinafter De(Tiaration'). pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will.cause t.() . be 'C6rrned at the tirne of fijing of the
Declaration, flit (!Unit Owners' :association! 'hereinafter
iation). a non-
A Oc profit corporarion organized azid eNistino- under wid by the virtue of tile law,-, of the
Carolina.
1 5 t7
State of NoTth'Carolina. fbr. the puq)ose .. arming others, of handling the property, affairs and bus'Iness of
the Developyr.ent. of operating, maintairung, re-conntructing and repair'
inig. the common eletnen6 of the
lauds and improNI'Mients subject to unit the Disposal System: and of collecting dues
and assessments t6provide funds for such operation, maintenance,
re -construction and repair
G. The CO.N,94ISSION desires to assure that the Disposal Systern of the Development is prc-perly
consirucLed, maintained and operated in accordance with law and permit provisions in order to protect the
"t\ L
cluan ofthe waters of the State and the public interest therein.
NOW', THEREFORE. in consideration of the protnises and the benefits tc, be derived by each of the parties
es
hereto, the, M\JN-TIS SION and DEVELOPER do hereby mutually agree as ti)llows.-
i. 'fete DEVELOPER shall COTIStrUCt G Disposal System in accordance with the perrnit and plans and
specifications hereafter issued and approved l the COMMISSION, and shall thereafter properly operate
I -ns I W.
arid maintain such systems and Ca6lities in accordance with applicable peralit provisions and ]a'
2. The DEVELOPER shall not transfer ownership and: or control of the Disposal System to the Association
until construction has been completed iri accordance with the peri -nit and approved plans, and the staff of
the Division of `Fater Quality fia2 inspected and approved of the `aciljtif_s- In order to change The name of
the permit holder, the DEVELOPER must request th.at the pen -nit be reissued to the Association. The
request must include a copy of the. Association By)a,,,%-,s and Dcclaranon.
3. The DEVELOPER shall not t,,amfer• convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to th.e
DEVEL0PEr7'Z-'s,5UCQC55()r.
4. The DEVELOPER shall provide in the Declarationand :association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
oporated in conformity w --itis lav; and the provisions of the permit fo.ir construction, operation, r, -pair, and
FOKLM; DEV 10!99
Page 1 of 2-

MOP-
FR`; N`,. :«353=1=Ila. x,1_2•-0, €�4:12P x.04
- -• •- ..... • .,..v i.I. 11{Z,.OVji ol��.I �•7�ta�c� yl.lall lucflkIIV -,Llle C;il(Ire Wz,5te-%V1tCr
r acid disposal system 15 a cotrir.�oll elerrlent %t h.1ch «ill recei•.1 the highest priority. for
b1v the Association except for Federal. State. and local taxes and insurance.
_- )PER shall provi.de in the Declaration .—A .A—ociatIntl Lz latus that alae Di :posrl Svstectt Will
tttreintail'led out of the common..e I?cnscs. In order to assure tlrat there shall be funds readily: available to.
repair, tri iutain or construct the Disposal System, beyond the routine, operation acid .nlaintenan.cc:
ex.pen.les. the Declaration and Association Bvlaws shall provide that a fund be created out of the common
cxpen5c's. Such fund shall be separate .ft'oni.tfle routine miiirltenance funds allocated for the facilitt and
shall be part of the yearly bud et.
6. fn the everlt the common expense alloc�ltiov and Stparate fund are not adc-quite-" for the construction,
repair, and maintenculce of The Disposal Systern. the Declaration -and Association l viay.-s ;hall provide for
special assessments to Cover such necessary costs. Tbere shall be no Urnit on the amount o1' uch
assessments, arid the Declaration and Bylaws shall provide that such special assessments can be trade as
necessary at :any tine.
7. ? a wastewater collection systena and wastewater treatment and/or disposal facility provided b;; any city',
town.. village; count -v, water and sewer autborltles, or other unit of goverriiiient shall hereinafter become
available to serve the; Dt ve.lopr.,.ent, the DEVELOPER shall take such actiorl as is necessary to cause the
exi.sti.ng and future wa5teti Ater a the Development to be accepted and discharged into said governinerltal
ti :Y5teni. and shall convey or transfer -is much of the Disposal System and such necessary ewetnents as the
governtxrental unit nlay require as condition of acceptlllg; the Developmerrt's wastl-,.vater.
S. Recognizing that it would be contrary to the public interest_ and to the public. health, safetyfind welfare for
tl?i=i5`,rlcl itlitlj, t(1 entZI' IIItU i'4�lu11T71 V d ssC�lLltlon ,,vithout ha Villa! rade adequate provision for the
cort.inued pro per..niaintcnancr, repair and operatruil of its Disposal Systeni,.tlie DEV.E.LOPER shall
provide irj the ;association Bylaws Tiiat. the Association shall not enter into voluntary dissoluticn without
first having transfcrrcd its said 5vstem and facilities to sonic penc7n, corporation or other entity acceptable
to and approved by the by the issuance of'a permit.
9. The agreements se* forth in nunabere.d paragraphs 1.2. 3, 4, 5, 6, 7, and fi above shall be conditions of any
permit. issued by the COM�IISSIOIti to the DEVELOPER for the constrttcrion, maintenance, repair and
opruton of.the Disposal System.
10. A copy of tl1is agreement shall be filed at the Register of Deeds in the County(ies) vvhere the .0cclara tion
is filed and in the offices of the Secretary of State of North Carolina with. the Articles oil lN:)rporation of
the Association.
IN IXINESS' WHEREOF, flhjs al-;reementwas executed in duplicate originals by the duly authorized
representative
of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL Gregory T. Ferguson _
l�LANAC;ENIENT COMMISSION Name of DEVELOPER
BY:
herr T.
Stevens—Director (5igztantre
Division of Water Quality{f-
Print Narric fand Title.
'Dat
-0) (irate)
FORA t: DFV 10199
Pane 2 oI.2

G
down of Naggle 'Valley
Phone [phone] • Fax [phone] • 3987 Soco Rd., Maggie Valley, NC 28751
State of North Carolina
Department of Environment, Health & Natural Resources
Division of Environmental Management
512 North Salisbury Street
Raleigh, North Carolina 27604
Subject: Greg Ferguson Dairy Farm
Engineer: H.S.M.M..Engineering
January 29, 2001
Dear Sirs:
H.S.M.M. Engineering have submitted plans and specifications for this gravity sewer extension.
The projected flow for this project is 1,000 G.P.D. There will also be approximately 600 L.F. of
8" PVC line. This line can be dedicated to the Town of Maggie Valley and Maggie Valley
Sanitary District.
The Town of Maggie Valley currently has reserve treatment capacity and will accept this flow if
approved by the State. The project "breakdown" to be approved is:
1,000 G.P.D. Flow from Dairy Farm Milk Parlor
NPDES # NC0056561
This approval is conditioned upon completion of the requirements of the Sewer Use / Petition for
Annexation Agreement of the Town of Maggie Valley also conditioned upon wastewater
characteristics maximums as spelled out in the Town of Maggie Valley Sewer Use Ordinance.
If you have any questions or require additional information, please feel free to contact me.
Sincerely,
.JO4— Z, -
Scott Buffkin
Town Manager
ABM/vmb legal flow letter
RECEIVED
WA,TM P AJ -17 Ctrr+TION
Non-Dis-harge Pern;ii ng
110
,n
Zl
1974
%
G
down of Naggle 'Valley
Phone [phone] • Fax [phone] • 3987 Soco Rd., Maggie Valley, NC 28751
State of North Carolina
Department of Environment, Health & Natural Resources
Division of Environmental Management
512 North Salisbury Street
Raleigh, North Carolina 27604
Subject: Greg Ferguson Dairy Farm
Engineer: H.S.M.M..Engineering
January 29, 2001
Dear Sirs:
H.S.M.M. Engineering have submitted plans and specifications for this gravity sewer extension.
The projected flow for this project is 1,000 G.P.D. There will also be approximately 600 L.F. of
8" PVC line. This line can be dedicated to the Town of Maggie Valley and Maggie Valley
Sanitary District.
The Town of Maggie Valley currently has reserve treatment capacity and will accept this flow if
approved by the State. The project "breakdown" to be approved is:
1,000 G.P.D. Flow from Dairy Farm Milk Parlor
NPDES # NC0056561
This approval is conditioned upon completion of the requirements of the Sewer Use / Petition for
Annexation Agreement of the Town of Maggie Valley also conditioned upon wastewater
characteristics maximums as spelled out in the Town of Maggie Valley Sewer Use Ordinance.
If you have any questions or require additional information, please feel free to contact me.
Sincerely,
.JO4— Z, -
Scott Buffkin
Town Manager
ABM/vmb legal flow letter
RECEIVED
WA,TM P AJ -17 Ctrr+TION
Non-Dis-harge Pern;ii ng

January 25, 2001
Mr. Rich Anderson
HSMM
Post Office Box 2646
Spartanburg, South Carolina 29304
RE: Ferguson Dairy
Gregory Ferguson
Haywood County Facility # 44=55
Dear Rich:
Pursuant to our conversation yesterday afternoon, I received the faxed copy of the
Operational Agreement. Greg has signed this document and I have enclosed it with this letter
along with the check made payable to NC Dept. of Environment and Natural Res. in the amount
of $400.00 for the Application Fee.
If I'can be of further assistance, please give me a call.
Sincerely,
FEB - 7 2001
Gayna S. Woody
WATER
ASH[ ILLS RppU lL,
f' SCL►UJ!' ,�
EG1G fifi{CE
Enclosures: Operational Agreement p�_Y,__
Check
ccw/encl: Wie Smathers
Keith Haynes
Mike Mehaffey
Greg Ferguson

8645851504
01-26-81 10:48A P.02
ppppp,- State of North -Carolina
epartment of Environment and Natural Resources
Division of Water Quality
FAST-TRACK APPLICATION
for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
(Pressure Sewers systems are not to be included as pan of this application package)
THIS FORV AM F BE PHOTOCOPIED FOR USE AS AN ORIGINAL.
INSTRUCTIONS: Indicate that you'have included the following list of required application package items by signing your
initials in the space provided next to each item. Failure to submit all required items will lead to additional processing and review
time for the permit application.
V/ A. Appileation Form - Submit one original and one copy of the completed and appropriately executed application form -
Any changes to this form will result in the, application being returned.. The Division of Water Quality (Division) will
only accept application packages that have been Mly completed with all applicable items addressed. 12 do not_ noe_d_
to submit detailed plans and specifications unless lou respond NO to item 1V 6 and/or item IV 10
:T
- 1 B. Attachment.- Submit, the completed and. properly executed Form WSCA 10/99 for each watershed within the project
A location.
C. Application Fee -Submit a check in the amount of S4qQmade payable to: North Carolina Department of Environment
and Natural Resources (NCDENR).
D. Certificates of Public Convenicuce and Necessity — If the application is being submitted in the name of a privatcly-
owned public- utility, submit two copies of the Certificate of Public Convenience and Necessity, which demonstrates
that the public utility is authorized to hold the utility franchise for the area to be served by the sever extension. If a
Certificate of Public Convenience and Necessity has not been issued, provide two copies of a letter hour the NC
Utilities Commission's Public Staff that states that ati application for a franchise has been received, that the service area
is contiguous to an existing franchised area, and/or that franchise approval is expected.
ter. E. Operalional Agreements - Submit one original and two copies of a properly executed rational
✓� operational agreement if the
sewer cxtcnsion will be serving residential or commercial lots (e.g., houses, condominiums, townhomcs, outpareels.
etc.) that will be owned by a homeowners' association or developer. If the applicant is a homeowners' association, use
Form HOA 10/99. if the applicant is a developer, use Form DEV 10/99.
F. Flow Acceptance Letters - If the owner of the downstream sewers and/or WWTF is different from the applicant,
submit two copies of a flow acceptance letter from the owner of the downstream sewers and W ITP. plow acceptance
letters must contain the following minimum information: applicant and project name. amount of flow accepted, and
name and permit number of the receiving sewetyWWTF. The flow acceptance must not expire prior to permit
issuance and must be dated less than a year prior to the application date, Intergovernmental agreements or other
contracts will not be accepted in lieu of a project -specific flow acceptance- letter.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND
-y� MATERIALS; SHOULD BE SENT TO THE FOLLOWING ADDRESS.
NORTIR CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NON -DISCHARGE PERMITTING UNIT
By U.& Postel Service: By Courier/$pedal Delivervc
1617 MAIL SERVICE CENTER - 512 NORTH SALISBURY STREET, SUITE 1219
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGII, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone]
FACSIMILE NUMBER: [phone]
For more information, Osir our web site d:, blo.ennslalaae.0 hdpW.

01-24-01 04:12P P.03
Permit'No.
)NAL AGREEMENT
IVAA-14 'A AliC1\lL FLU 0­1kL'LII v.v. 143-21 3.1 (dl��) and entered Into this 24�h
day of
January a 2001. , by and betvreen the North Carolina Environmental Management
Commission, an agency ofthe State of North Carolinzi, hereinafter known as the Gc7MiV1=55IONr and
Gregory T. , Ferguson , a corporatioturgeneral partnership registered/liconscd -to do
'6usintss in the State. ofNorth Carolina. hercina$er'known as the DEVELOPER;
WITNESSETII:
1. 'The. DEVELOPER is_ the o A mer of the certain. lands lying in Haywood County, upon
'Which it is erecting and will erect dwelling units and other improvements, said developnient to be known
as Ferguson Da i r (Hereinafter the. Development):
2, The DEVELOPER"desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
:3. The DEVELOPER has applied to kite COMNIISSION for the issuance of apermit pursuant to G.S. 14'
215.1 to construct. maintain, and operate the Disposal System,
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and holds through filing of a Declaration of Unit Ownership (hereinafter Dee.laration), pursuant to Chapter
47C of the North Carolina General Statutes.
S. The DEVELOPER has caused to be .formed or will cause to be formed at the time of fling of the
'Declaration, the -(Unit Owners' Association) -':-(hereinafter
Association). a non-profit corporation organized aad,'existittb-under an .:ny the virtue of -the laws of the
Stateof North` abiTim, for the purpose, among others, of handling the property, affairs. and bus}ness ;of
the Developz.nen4;:'of operating, maintaining, re-cortstrt!6ting and repairing the common elernenta,ox the
lands and improvements subject to unit b%vn6rship;- ncluding the. Disposal Sysim: and of.i olie cting dues
and assessments 19. provide funds for such'opeiation,maintenartce, re -construction and repair..
G. The COMMISSION desires to assure that the Disposal System of the Development is Properly
constructed, maintained and operated in accordanccPwith la,„- and permit provisions irr;order to protect the
quality. of the waters of the State and the public .interest therein.
NOW'. -1 HEREFORE, in consideration of the promises and the benefits to be derived by each of the parties.
hereto, thU COMMIS.SIUN and DEVELOPER do hereby mutually agree as follows:
1. Thi: DEVELOP 'shall construci Lbe Disposal System in accordance with the permit and pians and
specifications hereaf=ter issued and approved by the COMMISSION, and shall thereafter. properly operate
and.maintain such systems and.Facilities in accordance with applicable permit pzovisions and law.
2_ The DEVELOPER shall not tm)sfer ownership andior control of the Disposal System to the Association
until co.nstructiozi has been completed in accordance -with the permit and approved plans, and the staff of
the. Division of Water Quality has inspected and approved of the facilities. In.order to change the name of
The permit holder, the DEVELOPER must request that the permit be reissued.to the Association. The '
request must include a copy of -the :Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been .reissued to the
DEVELOPEI. successor.
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the comi.non elements and shall thereafter be properly maintained and
operated in conformity zvitn law and the provisions of the permit for construction, operation; repair, and .
;FORM; DEV 10/99 Paste 1 of 2 �,:

�J. 864585150401-24-01 '04:12P P.04
•-+•+�. ' AAAI• ✓VV1C11CALAVAA elk AV A 7ytrt.w� yA1411 1uCXA11y.Tne entire wastewater
�osal system as a common element which will receive the highest priority for
iota except for Federal, State, and local taxes and insurance.
11POlCDEVELOPER shall provide in the Declaration and .Association Bylaws that the Disposal systemwill
be maintaine.d out of the; common ex'pcnscs..In order to assure that there shall be funds readily available to
repair, maintain or construct.the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and .association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
In the evert the common expense allocation and separate fund are not adequate 111.r the construction,
repair., and maintenance of the Disposal System, the Declaration and Association .13ylawws shall provide for
special assesstilents to cover such necessary costs. Tbere shall be no limit on the amount or such
assessment& and the Declaration and Bylaws shall provide that such special assessments can be made as
• necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, cotuity, water -and sewer authorities; or other unit of goveznnaertt shall hereinafter become
available to serve the: Development, thc.DEVELOPF-R shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said'governniental
system .. and shall convey or transfer as touch of the Disposal System and such necessary easements as the
govern n.ental unit may require as condition of accepting the .Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continucd proper maintenancc, repair and operatic a of its Disposal System, the DEVELOPER shall
provide in the ,association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COI OMISSION by the issuance of a permit.
9. 1'he agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
to. A. copy of this agreement shall be Bled at the Register of Deeds in the Coupty(ies) where the. Declaration
is filed and in the offices of the Secretary of State of North Carolina with the, Ar icles of.Incorporation of
the .Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
iNIANAGEMENT COMMISSION*
Kerr T. Stevens. Director
Division of Water Quality,
(Date)
FORn I: DEV 10/99
Gregory T. Ferguson
NameR.
of DEVELOPER
I3y: aaitqe� 7: � o
(Signature
Print ama, land Title
(Date) ""

December 27, 2000
Forrest Westall
Water Quality Regional Supervisor
59 Woodfin Place
Asheville, North Carolina 28801
RE: Greg Ferguson Dairy
Haywood County
Facility Number: 44-55
Dear Mr. Westall:
With regard to your letter dated December 6, 2000 stating the Notice of Violation, I
would like to take a minute of your time to enlighten you on the situation we are in as far as
getting in compliance.
As you will see attached is an order of events ranging for several months with
documentation available upon your request if you choose, attempting to get in compliance with
this issue. It seems that the logical thing to do is'to go under the main'road with the Town of
Maggie Valley sewer which has been approved. We were at the.meeting on November 8, 2000
with Leslie Smathers and Mike Mehaffey, it was our understanding that the permit we filled out
and paid the money for at that time (which was never submitted to Raleigh) would just be
completed by Jeff Young and submitted and then we would be able to, get bids with the assistance
of Leslie and the Town of Maggie. We did not know until we received the letter from Jeff on
12/23/00 (which was one and 1/2 months after original papers and check had been sent to; him) and
after we had asked Leslie Smathers in a faxed letter on November 29, 2000 that he was; unable
to do the plans for the project since it is a public works project. We had inquired routinely about
the process and how was it going with no avail. When we learned of this of course most offices
are closed for holidays, but Leslie stated he had contacted contacted an public engineering firm
HSSM who deals with this all of the time. Mike Mehaffey from the Town of Maggie is going to
get with Dan McPherson next week from HSSM also. With weather permitting, they should
hopefully be here the first week of January to do an estimate, etc. and let us know what is going
on with this project.
It is not intentional that we are not in compliance. I have buried a holding tank, there is no
discharge at this time, is pumped daily and the solid manure is hauled to the fields on a daily basis.
So at this time we are contained and there is no discharge: I could not build a dry stack, etc. until
the sewer lines are in place due to the location where it needs to be built.
I had even written to Kerr T. Stevens in Raleigh on November 1, 2000 asking him for
r
110, 1
With regard to your letter dated December 6, 2000 stating the Notice of Violation, I
would like to take a minute of your time to enlighten you on the situation we are in as far as
getting in compliance.
As you will see attached is an order of events ranging for several months with
documentation available upon your request if you choose, attempting to get in compliance with
this issue. It seems that the logical thing to do is'to go under the main'road with the Town of
Maggie Valley sewer which has been approved. We were at the.meeting on November 8, 2000
with Leslie Smathers and Mike Mehaffey, it was our understanding that the permit we filled out
and paid the money for at that time (which was never submitted to Raleigh) would just be
completed by Jeff Young and submitted and then we would be able to, get bids with the assistance
of Leslie and the Town of Maggie. We did not know until we received the letter from Jeff on
12/23/00 (which was one and 1/2 months after original papers and check had been sent to; him) and
after we had asked Leslie Smathers in a faxed letter on November 29, 2000 that he was; unable
to do the plans for the project since it is a public works project. We had inquired routinely about
the process and how was it going with no avail. When we learned of this of course most offices
are closed for holidays, but Leslie stated he had contacted contacted an public engineering firm
HSSM who deals with this all of the time. Mike Mehaffey from the Town of Maggie is going to
get with Dan McPherson next week from HSSM also. With weather permitting, they should
hopefully be here the first week of January to do an estimate, etc. and let us know what is going
on with this project.
It is not intentional that we are not in compliance. I have buried a holding tank, there is no
discharge at this time, is pumped daily and the solid manure is hauled to the fields on a daily basis.
So at this time we are contained and there is no discharge: I could not build a dry stack, etc. until
the sewer lines are in place due to the location where it needs to be built.
I had even written to Kerr T. Stevens in Raleigh on November 1, 2000 asking him for

to turn next. I have till this date still not heard from his office, except
rrom i neresa and xnsten. It seems that every office we talk with has a different insight on what
we need to do than perhaps the main office has. So, I understand that this is in your jurisdiction,
would you please attempt to help us resolve this matter. I have been since March trying to rectify
this situation.
The dairy is my only source of livelihood for myself and my family and I do not have any
other way of making a living and I do not wish to close, but as you can see from the schedule of
events, every way I turn I get lost somewhere else. Hopefully with the help of HSSM, we
possibly can get this in. The Town of Maggie advised that it may be possible for them to
engineer, draw plans, permit and have paperwork in order for them by the first of February.
As you are probably aviare the cost of running a dairy is much greater than ever before
and the milk prices were much better in the 80's than they are now. Trying to keep above water is
hard without any additional problems, this is why I want to keep a family operating dairy for a
long time hopefully to carry over for my children. This is why I would to get complied and fixed
one time and for all and according to Maggie Valley, the sewer is the most logical way to go.
What I am asking from you is to hear from you regarding your thoughts on this matter. I
apologize for taking so much of your time, however I do not feel that you have been fully
informed of the situation and the problems arising. Please direct any correspondence you have to
the address below.
Thanks for listening, hope to hea,r from you soon.
Greg Ferguson
l
Gayna Woody for
Greg Ferguson Dairy
PO Box 116
Leicester, NC 28748
Enclosures: Schedule of events
cc: Leslie Smathers ,
Kerr T. Stevens
Keith Haynes -
Theresa Nantea
Kristen Miguez
Mike Mehaffey.

Calendar of Events
Regarding Ferguson Farm
Haywood County Facility Number: 44-55
September 28, 1998
Letter to Lucius Jones with Special Agreement attached
January 20, 2000
Greg received a letter dated 1/20/2000 from Forrest Westall Notice of Violation
March 24, 2000
Letter to Forrest Westall from Leslie Smathers requesting extension of time
with attached Time Table until April 1, 2001 for final roof
June 30, 2000
Letter from Kerr T. Stevens, Raleigh to Lucius Jones stating a demand for the
violation penalty
June 30, 2000
Letter to Lucius Jones dated 6/30/2000 advising Civil Penalities for non-
compliance
July 13, 2000
Letter to Kerr T. Stevens, Raleigh from Greg Ferguson (cc: Keith Haynes, Forrest
Westall, Leslie Smathers) in response to the June 30, 2600 letter stating that Greg
was attempting to comply and dealing with Leslie Smathers on a routine basis_
for help that was needed.
September 6, 2000
Letter to Gayna Woody from Leslie Smathers wanting Greg to complete the
Encroachment Agreement (which wasn't up to Greg to complete'- sent in -error)
September 18, 2000
Letter from Gayna Woody to Leslie Smathers advising we filled out what we
could on Encroachment Agreement, could they help complete (we didn't know
it was sent to us instead of the state)
November 1, 2000,
Letter to Kerr T.'Stevens; Raleigh from Greg Ferguson and Gayna Woody stating
that we were not getting anywhere with local office and asking Mr. Stevens and
the Raleigh office for help and where to turn next. This is when we found out that
the Encroachment Agreement wasn't even to be done by us. We still to this date have
not received any help from his office.

November 8, 2000
Letter to Kerr T. Stevens, Raleigh from Gayna Woody updating the Raleigh office as to
the meeting that was held with Leslie Smathers, Mike McHaffey from the Town of
Maggie Sewer, Gayna Woody and Greg Ferguson regarding the permitting issues to get
the proper permits to get sewer in place. At this time, Gayna Woody and Greg
Ferguson filled out their portion of the Nondischarge permit and enclosed a
check for $400.00 and was told to send to Jeff Young to do final work on it.
November 8, 2000
Gayna Woody sent letter to Jeff Young with Greg's check, original application
for fast track sewer, etc asking him to complete and get with Mike Mehaffey
at the Town of Maggie and complete and submit to proper people (cc: Leslie
Smathers, Kerr T. Stevens, Mike McHaffey)
November 27, 2000
Gayna Woody received a call from Teresa at Water Quality ext 375 in Raleigh
who advised she didn't know why she had a copy of the permit (which I had
forwarded to the permit office and a copy of Greg's check) and had never
received the originals and it had been plenty of time. Gayna Woody asked her
to correspond with Leslie Smathers.
November 29, 2000
Gayna Woody Sent Leslie-Smathers a memo asking him to see that memo from Teresa
and the applications and to help get it completed.
December 6, 2000
Greg Ferguson received letter dated 12/6/2000 from Forrest Westall stating
that he was again in violation.
December 6, 2000
Received a copy of a fax from Theresa Nantea to Leslie Smathers stating that
the sewer application that Gayna Woody had sent (Raleigh still had not
received the original) needed some additional information (which we were
to get from Jeff Young, Engineer) and also a note from Kristin Miguez
that no.check was attached. WE STILL HAD NOT HEARD FROM ANYONE
THAT THIS PERMIT PROCESS HAD NOT BEEN HANDLED.
December 23, 2000
Gayna Woody received letter dated 12/23/2000 from Jeff Young advising that
he could not do plans for public work projects and that myself or Greg needed
to hire a private engineering firm.

December 27, 2000
Gayna Woody tried to call the Raliegh office to find that it was closed until the first
week of January in the Permit Section but did talk to JR Joshi who advises that
we could have an extension till 1/31/2001 until someone in permitting could get
a handle on this. Leslie said we should just wait and tell them that we were out of
time and couldn't get finished.
The bottom line is we have been trying to get permitted for quite sometime and haven't received
any help from Raleigh other than Teresa Nantea with Leslie which we appreciated, however I
don't feel we should be held in violation for not being able to get in compliance since we have
been diligently trying.
Also Theresa advised we had to do General Permit for solid waste and it was filled out what
Greg could and sent to Leslie to complete in November.

00EPPPPPP1
of North Carolina
epartment of Environment
and Natural Resources
Asheville Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
WATER QUALITY SECTION
December 6, 2000
CERTIFIED MAIL!
RETURN RECEIPT REQUESTED
Mr. Greg Ferguson
Greg Ferguson Dairy
3131 Rabbit Skin Road
Waynesville, North Carolina 28786
Dear Mr. Ferguson:
0
�
IVA
NCDENR
NORTH CAROLINA DEPARTMENT'OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
Animal Operation Inspection
Greg Ferguson Dairy
Facility Number 44-55
Haywood County
Please find enclosed*a printed copy of the Inspection Report for
the -routine on-site inspection of, your animal operation which was
conducted by Mr. Keith Haynes of this Office.
During the inspection it was evident that work toward your animal
waste management plan has -not been completed according to your special
agreement.- It is our understanding that you are awaiting approval from
the Department of Transportation regarding boring under Highway 276.
Please -be advised that you are subject to the assessment of civil
penalties,' as per your special agreement,.for failing to be certified
by the date specified in'the special agreement.
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Greg Ferguson
December 6, 2000
Page Two
If you have any questions concerning this matter,please do not
hesitate to contact Mr. Haynes or me at 251-6208.
Enclosure
V.z01
Sincerely,,
rest Westall
ater Quality Regional Supervisor
Haywood Soil and Water Office
Keith 'Haynes
59.Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post -consumer paper

t
Type of Visit OO .Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Fallow up O Emergency Notification O Other ❑ Denied Access
Facility Number 44 55 Date of Visit:. 10/18/2000 Tune: 1300 Printed on: 10/26/2000
O Not O erational 0 Below Threshold
E3 Permitted El Certified 13 Conditionally Certified E3 Registered Date Last Operated or Above Threshold:
Farm Name: g.Xergwojx.Daiq................................................................................ County: Hay.Aad.......................................... ARO ............
OwnerName: I.Meius.....................................Juxign ............................................................ Phone No: 456.-.,U.7.8 ...................................................................
FacilityContact:.............................................................................. Title:................................................................ Phone No:...................................................
Mailing Address: 3.13.J.Rahb t.ShiajWgd.................................................................... W..ayrneaxillie..N.C.................................................. 287.86 .............
Onsite Representative: Nome ........................... ................................... Integrator:
........................................................................................................................
Certified Operator: Shaunom................................ Fergus= ......................................... Operator Certification Number: 2U.41 .............................
Location of Farm:
Z76 north (Jonathan Valley) 2 miles on right from intersection of 276 north & highway 19 to Maggie Valley. #
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 35 ®F 32 42 « Longitude 83 OF 01 F-1-8-166
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
❑Yes 9 No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
Freeboard(inches): ................................................................................................................................................
❑ Yes ❑ No
❑ Yes ❑ No
[j
Yes, 9 No
Yes []No
Yes ❑ No
Structure 6
I ...........................

t qq
facility Number: 44-55 Date of Inspection 10/18/2000 printed on: 1
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/trees; severe erosion, 0:3 Yes
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes Vg No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
)] Yes
No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
0 No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
9 No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
0 Yes
9 No
12. Crop type Com (Silage & Grain) Fescue (Hay) Fescue (Graze)
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
N No
14. a) Does the facility lack adequate acreage for land application?
n Yes
No
b) Does the facility need a wettable acre determination?
❑ Yes
No
c) This facility is pended for a wettable acre determination?
❑ Yes
N No
15. Does the receiving crop need improvement?
[J Yes
N No
16. Is there a lack of adequate waste application equipment?
0 Yes
[] No
Reauired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available? [R Yes ❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) Yes [] No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) H Yes El No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? [j Yes H No
21. Did the facility fail to have a.actively certified operator in charge? 0 Yes N No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) [] Yes H No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 9 Yes Q No
24. Does facility require a follow-up visit by same. agency? Yes 0 No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes p No
.. . . ... . . . .:dp i$�ci .�..re.»a>t...min . z..receive .nQ .... .
corre andemco -about this. visit.* .............................. .
dairy has made no noticeable work toward the waste management system. A holding tank has been added for milkroom washdown
;r. Mr. Ferguson is awaiting approval from the DOT to be able to run a line under HWY 276 to connect to the Town of Maggie
ey's collection system.
Reviewer/Inspector we me
ector Na
ciifEz '.n .
Reviewer/Inspector Signature:.. ,�, _ _;IVA Date: 6 5/00

F � TRANSMISSION
MISSION + ST. JOSEPH'S
4213 BILTMORB AVENUE
ASH[VILLE, NORTH CAROLINA 2880 1
828-2 13.4200
FAx: 8 a8-2 13-42 10
To: Forrest Westall Date:
Fax #: [phone] Pages:
From: Gayna Woody Edmonds
Subject: Greg Ferguson Dairy Facility # 44-55,
July 31, 2000
4, .including this cover sheet.
COMNMNTS:
Please see the attached letter from Greg, Leslie and also the time table of events. Feel free to call
me if you have any questions on Greg's behalf. Thanks. Gayna
�� 0 . ff @
'f AUG
t
Told 80L62898Zs SQNOWa3 ONAHO Wd V2:ilo 00-TR--Tnr

FAxTRANSmISSION
MISSION + ST. JOSEPH'S
428 5ILTMORE AVENUM
A$HEVILI r, NoR7H CAVROLINA 26801
6a$-2 13-4200
FnX: 5 26- 21 3-42 10
To: Keith Haynes Date:
Fax #: [phone] Pages:
From: C7ayna Woody Edmonds
Subject: Greg Ferguson Dacey Facility 4 44-55
July 31, 2000
4, including this cover sheet.
COMNiEN'TS:
also the time table of events. Feel free to call
Please see the attached letter from Greg, Leslie and
me if you have any questions on Greg's behalf, Thanks. Gayna'
Z0'd
S0L6�898�8 SaNOWa3 ONA00 Wd t7$: tie 0e-TE-nnr

July 31, 2000
Kerr T. Stevens, Director
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1517 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: EMC v. Lucius Jones of Greg Ferguson Dairy
Facility Number: 44-55
Haywood County
Dear Mr. Stevens,
This letter is with an attachment of a letter dated July 28, 20174 from Leslie Smathers
showing further improvements I have made to contain the water run off. I am attaching a time
table of events that I wish to attempt compliance by and would request your consideration with
these dates. It is my understanding that we may possibly be able to get certified prior to the
installation of the roof over the feed lot. We are awaiting a response from engineering
regarding this at this time.
Please accept this as notice that I am coordinating and working with the local office
with Leslie Smathers to rectify this situation. Forthcoming will be documentation from his
office and others to verify that I am in the process of complying.
Any assistance you can give me with this matter will be greatly appreciated. If you
should have any questions or concerns please contact me at 828-926-0623 or Mr. Smathers at
the local office at 828-452-2741.
Sincerely,
Greg T. Ferguson
3131 Rabbit Skin Road
Waynesville, North Carolina 28786
Enclosure: Time table of events
cc w/encl.:
Keith Haynes
Forest R. Westall,
General's Office
Office of Legal Affairs, Attorney
Leslie Smathers, Local office
2,e •d sets s s4s saNOWaE dMAt;10 Wd sc: vo oo-T2-1nr

`�— Y.& P 4�L ivat URDA NAT RESOLIRES
SOIL&WATER
Haywood'Wl and Water Conservation Dlstrlot
P.O. Box 425 - Waynesvllly. NurM Carolina 28786
(704) 45?,2741 • (704) 456-31a2
[phone] • FAX
July 28, 2000
Kerr T. Stevens, Director
Division of Water Quality
N -C. Dept. of Environment and Natural Resources
1617 Mail SSNice Center
Raleigh, NC 27699-1617
Dear sir.-
This
ir:
Thris is a follow-up letter to the material we have already sent to you in reference
to facility # 44-55 Greg Ferguson.
!reg has installed a temporary pipeline and tank to collect the waste water from
the parlor and milk room- Th® waste water will then be pumped out of the tank
and spread on hay and pasture land that is located nearby, .
These measures; as long as they are managed properly, will keep this opGratian
from having a direct discharge into the stream.
If you have any other questions or we can be of any further assistance pleas do
not hesitate to call.
Thank you,
Lu ak
Leslie Smathers
Haywood Soil and Water Conservation District
cc to: Forrest westail
DWQ — Interchange Bldg.
• ' 59 Woodfin Place
Asheville, NC 28801-2414
CONSERVAT)CN DEVELOPMKNT BELS-SOVERNWNT
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TIME TABLE
FOR COMPLETION OF FACILITY 4 44-55, GREG FERGUSON,
Al�.FIMAL WASTE MANAGEMENT PLAN
December 31, 2000 - Hook onto sewer line for waste water (in process at this time)
No discharge, but plan not complete, completion of
Dry Stack for holding solids
With the work necessary to keep up normal day to day operation of the farm and with the price of
milk what it is, I feel this is a fair tune frame for completion of my Ivry Stack to obtain my
certification. With this I am requesting and extension to my special agreement already in place.
bregolAodd Ferguson
Date-, 6/ --
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NORTF ROLINA DEPARTM OF
ENVIRONMENT AND NATURAL RESOURCES
DIV1810N OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
January 20, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Greg Ferguson
3131 Rabbit Skin Road
Waynesville, North Carolina 28786
Subject: NOTICE OF VIOLATION
Animal Operation Inspection
Greg Ferguson Dairy
Facility Number 44-55
Haywood County
Dear Mr. Ferguson:
Please find enclosed a printed copy of the Inspection
Report for the routine on-site inspection of your animal
operation which was conducted on December 2, 1999 by Mr.
Keith Haynes of this Office.
During the inspection it was evident that work toward
your animal waste management plan would not be completed
according to your special agreement. It is'our
understanding that you have started some construction, but
have not requested additional time to complete the work.
Please be advised that your special agreement required that
your dairy be certified by December 31, 1999 and includes
stipulations for the assessment of civil penalties for
failing to be certified by the aforementioned date.
If.you have not already done so, it is imperative that
you contact the Divisicin of Water Quality with a request,
for additional time for completing work toward
certification. Included in this request should be an
estimated time for completion of the work. While you are
awaiting construction, please make every effort to assure
that waste is not allowed to reach surface waters of the
State.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE 828-2S1-6208 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Page Two
Mr. Greg Ferguson
January 20, 2000
Your cooperation in completing the work as specified
n -your animal. waste management plan will be greatly
appreciated. If you have.any questions concerning these
subjects, please contact Mr. Haynes or meat 251-6208.
Sincerely,
orrest R. Westall
Water Quality Regional Supervisor
xc: Haywood Soil & Water Office

R Routine O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other ' I
r Facility Number 44 55 Date of Inspection 12/2/99
Time of Inspection 0900 24 hr. (hh:mm)
® Permitted 0 Certified 13 Conditionally Certified 13 Registered 113 Not O erational Date Last Operated:
Farm Name: fir.x99.Fc rgNa =..DRt y ........................................................... ............... County: Haywood.......................................... ARA............
OwnerName: Lucius.....................................Jones ............................................................ Phone No: 456-52.7.8 ....................... ..............................................
FacilityContact: GugZagumn................................................ Title:................................................................ Phone No:...................................................
Mailing Address: 3131.RabbiX.!" i R.aad .................................................................... W..a=ayj&..N.C.................................................. 2.87$6.............
OnsiteRepresentative: Mft. uiw...................................................................................... Integrator:......................................................................................
Certified Operator: 5hauxton.F............................ Felrgw.an.......................................... Operator Certification Number: 213.41 .............................
Location of Farm:
.......................................................................................................................................................................................................................................................................
:7.6.a�axkb .(.Tanaxlaa�a.'altey.). 2.xniles. as .xigbt.lxQan imkaxaectin�n .af 2.?.G.mnxth. auighkvay..lQ.ta.Maggie.'atley...........................................
IV
Latitude 35 32 —4-2-166 Longitude 83 O1 6 FW8_1 66
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? 0 Yes D No
Discharge originated at: [ Lagoon [j Spray Field rg Other
a. If discharge is observed, was the conveyance man-made? H Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 9 Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) D Yes 21 No
2. Is there evidence of past discharge from any part of the operation? 09 Yes No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 11 Yes No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? El Spillway 0 Yes No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ................................... ............................................................................................................................:.............................................
Freeboard (inches): ....................................
5. Are there.any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes 0 No
seepage, etc.)
3/23/99 Continued on back
Printed on 12/16/99

Facility Number: 44-55 D FInspection
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11 Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
❑.Yes Z No
❑ Yes 0 No
E] Yes 0 No
❑ Yes 9 No
12. Crop type Corn (Silage & Grain) Fescue (Graze) Fescue (Hay)
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? [j Yes 9 No
14. a) Does the facility lack adequate acreage for land application? Yes 23 No
b) Does the facility need a wettable acre determination? ❑ Yes 9 No
c) This facility is pended for a wettable acre determination? C] Yes H No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
V vtoatiQQs: o�:d� i�deie§ �v�re:n�Oted:d i g X�iis visit: 'ou #:r eive nQ '�irthex': .
• .corresno-nidenc�e -about this. visit.- ::........:.:.:.:...... .. .
❑ Yes 0 No
F
9 Yes ❑ No
❑ Yes Z No
19 Yes ❑ No
❑ Yes No
Yes No
[j Yes N No
H Yes ❑ No
21 Yes ❑ No
❑ Yes 0 No
questions. The operation is not certified and so far, no work has been done toward the waste management system. All waste is
.harged into an unnamed tributary to Jonathan Creek. There is a special agreement which states that work is to be completed by
;ember 31, 1999. If the operator has not already done so, he should ask for an extension, if possible. A follow-up visit will need to
ie early in 2000 to verify continued violations.
Reviewer/Inspector Name
V,
Reviewer/Inspector Signature: -W 1 Date: k - /' U U
on