110006_ENFORCEMENTS_20171231

January 13, 2017
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
2090 US Hwy 70, Swannanoa NC 28778
Subject: Violation Notice
Nov -2016 -PC -0529
(T&C Dairy) Facility No. 11-6 General Permit No. AWG20000
Mr. Davidson,
JAN 1 9 2017
Wet' marry Reglonn! opwdlcm
On January 13, 2017 Gary Higgins with Buncombe Co SWCD met with me.
We are in the process of updating and adding application fields to our WUP, to sample our manure in
the 60 days window that is required by our WUP.
Sincerely,
I �I
George A. Nesbitt

0
13�ONALD
LiF ", J
WaterResources
ENVIRONMENTAL QUALITY
December 30, 2016
CERTIFIED MAIL 70151520 0003 5463 2558 2nd Mailing
RETURN RECEIPT REQUESTED
Mr, George A.(Tony) Nesbitt
440 Lower Branch Road
Fletcher, NC North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2016-PC-0529
Administrative Code 15A NCAC 21'.1304
('1'&C Dairy) Facility No. 11-6 General Permit No. AWG200000
Certificate of Coverage No. AWC 110006
Buncombe County
Dear Mr. Nesbitt:
PAT MCCRORY
Governor
R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
On September 28, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations
Section (WQROS), inspected the T&C Dairy Farm and the permitted waste disposal system. We wish to thank you
for assisting during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your Certified Animal Waste Management flan (CAWMP) and the Cattle Waste Management System General
Permit No. AWG200000 as follows:
Violation 1:
Failure to collect a waste analysis within 60 days (before or after) of the date of application in accordance with
Condition I It. 5. of the Cattle Waste Management System General Permit No. AWG200000.
On September 28, 2016, staff completed a records review and found that there were no waste analyses to cover the
Winter 2015 or Spring 2016 applications.
Required Corrective action for Violation 1:
In the future, you must collect waste samples within 60 days (before or after) of application.
Violation 2:
Failure to only apply waste to areas included in the Waste Utilization Pian (WUP) in accordance with Condition It.
2. of the Cattle Waste Management System General Permit No. AWG200000.
On September 28, 2016 staff noted during a site visit to the application fields, that not all fields are included in the
WUR
Required Corrective Action for Violation 2:
Please update the WUP to include all fields that receive animal waste.
State of North Carolina I Fnvironrnental Quality j Water Resources
2090 U.S. Hwy.70 j Swannanoa, North Carolina 28778
9282964500

Violation 3:
Failure to make "major changes", "revisions" or "amendments" to the WUP, as defined in Section V1I,
"Definitions", of the General Permit, in order to address any changes needed to maintain compliance with the
Certificate Of Coverage and the General Permit. "Major changes", revisions" and "amendments" to the WUP must
be documented, dated, and included as part of the WUP in accordance with Condition I. 3. of the Cattle Waste
Management System General Permit No. AWG200000. .
On September 28, 2016 staff noted during the records review that the WUP had not been updated to include the
change in crops (corn silage/winter wheat to vegetables) and the removal of the irrigation system for the GA Nesbitt
field.
Required Corrective Action for Violation 3:
Please update the WUP to reflect current crops and application methods.
The Division of Water Resources requests that, in addition to the specified corrective action above, please submit
the following items within 30 days of receipt of this Notice:
1. A copy of the updated WUP
2. Updated lease agreements for land application fields.
You are required to take any necessary action to correct the above violations and to provide a written
response within 30 days of receipt of this Notice. Please include in your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional
civil penalties and/or the use of other enforcement mechanisms available to the State.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director
of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Beverly Price or me at [phone].
Sincerely,
�ur
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Gary Higgins, Buncombe County SWCD
Asheville Regional Office File
GAWRIWQ1BuncombelCAF0s1T&C Dairy10EI.09-28-16-NOV-2016-PC-0529.doc

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F --r-
k:t'
Water Resources
ENVIRONMENTAL QUALITY
October 31, 2016
CERTIFIED MAIL 7015 1520 0003 5463 1261
RETURN RECEIPT REQUESTED
Mr. George A.(Tony) Nesbitt
P.O. Box 936
Fletcher, NC North Carolina 28732
PAT MCCRORY
Gavvrnar
DONALD R. VAN DER VAART
Subject: NOTICE OF VIOLATION
NOV-2016-PC-0529
Administrative Code I SA NCAC 2T. 1304
J&C Dairy) Facility No. 11-6 General Permit No. AWG200000
Certificate of Coverage No. A WC 110006
Buncombe County
Dear Mr. Nesbitt:
Secretary
S. JAY ZIMMERMAN
DirRr:tor
On September 28, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations
Section (WQROS), inspected the T&C Dairy Farm and the permitted waste disposal system. We wish to thank you
for assisting during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste Management System General
Permit No. AWG200000 as follows:
Violation I:
Failure to collect a waste analysis within 60 days (before or after) of the date of application in accordance with
Condition 111. 5. of the Cattle Waste Management System General Permit No. AWG200000.
On September 28, 2016, staff completed a records review and found that there were no waste analyses to cover the
Winter 2015 or Spring 2016 applications.
Required Corrective action for Violation 1:
In the future, you must collect waste samples within 60 days (before or after) of application.
Violation 2:
Failure to only apply waste to areas included in the Waste Utilization Plan (WUP) in accordance with Condition I1.
2. of the Cattle Waste Management System General Permit No. AWG200000.
On September 28, 2016 staff noted during a site visit to the application fields, that not all fields are included in the
WUP.
Required Corrective Action for Violation 2:
Please update the WUP to include all fields that receive animal waste.
Slate of North Carolina t Environmental Quality I water Resources
2090 U.S. Hwy.70 I Swannanoa, North Carolina 28778
8292964500

Violation 3:
Failure to make "major changes", "revisions" or "amendments" to the WUP, as defined in Section VI1,
"Definitions", of the General Permit, in order to address any changes needed to maintain compliance with the
Certificate Of Coverage and the General Permit. "Major changes", revisions" and "amendments" to the WUP must
be documented, dated, and included as part of the WUP in accordance with Condition I. 3. of the Cattle Waste
Management System General Permit No, AWG200000.
On September 28, 2016 staff noted during the records review that the WUP had not been updated to include the
change in crops (corn silage/winter wheat to vegetables) and the removal of the irrigation system for the GA Nesbitt
field.
Required Corrective Action for Violation 3:
Please update the WUP to reflect current crops and application methods.
The Division of Water Resources requests that, in addition to the specified corrective action above, please submit
the following items within 30 days of receipt of this Notice:
1. A copy of the updated WUP
2. Updated lease agreements for land application fields.
You are required to take any necessary action to correct the above violations and to provide a written
response within 30 days of receipt of this [Notice. Please include in your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional
civil penalties and/or the use of other enforcement mechanisms available to the State.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director
of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Beverly Price or me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Gary Higgins, Buncombe County SWCD
Asheville Regional Office File
GAWR\WQ\13uncombe\CAFOs\T&C Dairy1CF1.09-28-16-NOV-2016-PC-0529.doc

r.
Water Resources
ENVIRONMENTAL QUALITY
October 31, 2016
PAT MCCRORY
• � '6 Governor
L
CERTIFIED MAIL 7015 1520 0003 5463 1261
RETURN RECEIPT_RFOUESTED
Mr. George A.(Tony) Nesbitt
P.O. Box 936
Fletcher, NC North Carolina 28732
DONALD It. VAN DER VAART
Subject: NOTICE OF VIOLATION
NOV-2016-PC-0529
Administrative Code 15A NCAC 2T. 1304
(T&C Dairy) Facility No. t 1-6 General Permit No, AWG200000
Certificate of Coverage No. A WC 110006
Buncombe County
Dear Mr. Nesbitt:
Secretary
S. JAY ZIMMERMAN
Director
On September 28, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations
Section (WQROS), inspected the 'r&C Dairy Farm and the permitted waste disposal system. We wish to thank you
for assisting during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste Management System General
Permit No. AWG200000 as follows:
Violation 1:
Failure to collect a waste analysis within 60 days (before or after) of the date of application in accordance with
Condition 111. 5. of the Cattle Waste Management System General Permit No. AWG200000.
On September 28, 2016, staff completed a records review and found that there were no waste analyses to cover the
Winter 2015 or Spring 2016 applications.
Required Corrective action for Violation 1:
In the future, you must collect waste samples within 60 days (before or after) of application.
Violation 2:
Failure to only apply waste to areas included in the Waste Utilization Plan (WJP) in accordance with Condition 11.
2. of the Cattle Waste Management System General Permit No. AW0200000.
On September 28, 2016 staff noted during a site visit to the application fields, that not all fields are included in the
WUP.
Required Corrective Action for Violation 2:
Please update the WUP to include all Gelds that receive animal waste.
State of North Carolina I Environmental Quality j Water Resources
2000 U.S Hwy.70 j Swannanoa, North Carolina 28778
828 296 4500

Violation 3: .
Failure to make "major changes", "revisions" or "amendments" to the WUP, as defined in Section VII,
"Definitions", of the General Permit, in order to address any changes needed to maintain compliance with the
Certificate Of Coverage and the General Permit. "Major changes", revisions" and "amendments" to the WUP must
be documented; -dated, and included as pact of the WUP in accordance with Condition 1. 3. of the Cattle Waste
Management System General Permit No. AWG200000.
On September 28, 2016 staff noted during the records review that the WUP had not been updated to include the
change in crops (corn silage/winter wheat to vegetables) and the removal of the. irrigation system for the GA Nesbitt
field.
Required Corrective Action for Violation 3:
Please update the WUP to reflect current crops and application methods.
The Division of Water Resources requests that, in addition to the specified corrective action above, please submit
the following items within 30 days of receipt of this Notice:
I. A copy of the updated WUP
2. Updated lease agreements for land application fields.
You are required to take any necessary action to correct the above violations and to provide a written
response within 30 days of receipt of this Notice. Please include in your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional
civil penalties and/or the use of other enforcement mechanisms available to the State,
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director
of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Beverly Price or me at [phone],
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Gary Higgins, Buncombe County SWCD
Asheville Regional Office File
GAWR1WQ18LLncombe%CAF0s1T&C Dairy10EL09-28-16-NOV-2016-PC-0529.doc

January 13, 2007
NCDENR
Aquifer Protection Section
2090 U.S. Highway 70
Swannanoa, NC 28778
Subject: NOTICE OF VIOLATION
NOV — 2007- DV -0005
Complaint Investigation
T&C Dairy
Facility No. 11-06
Buncombe County
•
Mr. Tony Nesbitt
T & C Dairy
P.O. Box 936
Fletcher, NC 28732
JAN 18 20
Asheville neginnal Office J
. _ .. ,nAinn 1
To Whom It May Concern:
On December 20, 2006 Edward Williams and Beverly Price informed me about
discharge from my dairy. As a result, I repaired a broken water line and clogged drain
from my dairy barn on December 21, 2006.
On December 21, 2006, Beverly Price informed me that I had applied animal
waste too close to a well and residency on a field that was not included in my Waste
Utilization Plan. As a result, I have contacted Gary Higgins with Soil and Water in order
to upgrade my WUP to include this field. I have an appointment with Higgins on
January 18, 2007. I will also take appropriate measures to insure proper boundaries from
the well and residency.
Tony Nesbitt

bU
WA�i_.s
��WF....S'iy nM4rr..e•'S
t
January 10, 2007
CERTIFIED MAIL 7006 2150 0005 2458 7866
RETURN RECEIPT REQUESTED
Mr, Tony Nesbitt
T&C Dairy
Post Office Box 936
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2007-DV-0005
Complaint investigation
T&C Dairy
Facility No, 11-06
Buncombe County
Dear Mr. Nesbitt:
U JLE
ll. � Michael F. Easley, Governor
C u u William G. Russ Jr., Secretary
North Carolina Department of E=nvironment and Natural Resources
Alan W. Klimek, P.r. Director
Division of Water Quality
On December 19, 2006, Ed Williams of the Division of Water Quality's Asheville Regional Office
responded to a complaint concerning an odor and a fungus like aquatic growth in an unnamed tributary
to Cane Creek. Observations revealed a milky colored waste running off the T&C Dairy into a ditch
leading to the unnamed tributary to Cane Creek.
On December 20, 2006, you accompanied Beverly Price and Ed Williams on an inspection of the T&C
Dairy to determine the origin of the waste. You stated that a broken water line was causing water to flow
into the ditch and a clogged drain in the milking parlor was causing waste to back up and flow into the
ditch as well. You stated that you would have the water line and clogged milk parlor drain repaired
immediately.
The above violation should be abated immediately. In addition to repairing the water line and drain, it is
recommended that you install a fence around the ditch draining the dairy to keep cows out of the ditch
and to provide a buffer from possible run-off to the tributary.
On December 21, 2006, Beverly Price of the Division of Water Quality's Asheville Regional Office
responded to a complaint regarding application of animal waste on a field adjacent to Willie Mae Way.
You stated that the waste application occurred on Monday. The investigation showed that the waste was
applied to bare ground and had not been incorporated within 48 hours of application. in addition, the
application field and crop was not included in your Waste Utilization Plan (WUP) and water supply wells
and residence buffers did not meet permit requirements. N°`tttcaro inn
��rrtrrrrr�l�
North Carolina Division of Water Quality — Asheville Regional Office 2090 U, S. Highway 70 Swannanon, NC 28778 Phone [phone]
Aquifer Protection Section FAX [phone]
Customer Service 1-877-623-6748
Internet: h2o.enr.state,nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

0
Mr. Nesbitt
.January 10,2007
Page 2
The waste application issues referenced above are violations of your General Permit and WUP. It is
recommended that you contact the Buncombe County Soil & Water Conservation District [phone]
to have your WUP amended to include the additional application field.
Please respond in writing to this office within 15 days of receipt of this notice. Your response should
indicate what measures you have taken to address these violations.
Your cooperation in this matter would be greatly appreciated. If you have questions, please contact Ms.
Beverly Price at [phone].
Sincere
t -an o , Davidson, G.
Regional Aquifer Protection Supervisor
Enclosure
cc: Gary Higgins, Buncombe County Soil & Water Conservation District
Aquifer Protection Section Central Files
Aquifer Protection Section Asheville Regional Office Files

Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number : Facility Status: Actives _ - Permit: AWC110006 ❑ Denied Access
Inspection Type: m I' Inactive or Closed Date:
Reason for Visit: ComQlaint _ _ County: Bunco ems, Region: Asheville _
Date of Visit: 12119120QG Entry Time:03:00 PM Exit Time: 04 00 PM _ Incident M.
Farm Name: T&C Dairy Owner Email:
Owner: Phone: [phone]
Mailing Address: PO Box 936 _ _- Fletcher NC 2873ZQ936
Physical Address:
Facility Status: ❑ Compliant ❑ Not Compliant Integrator:
Location of Farm: Latitude: 35'28'35" Longitude: 82°26'05"
436 tower Brush Creek Rd, Fletcher. 4 miles SW of Fairview, 6 miles east of Fletcher, turn at Oak Baptist Church on to lower Brush
Creek Rd. Go to dirt Rd 4th drive on left.
Question Areas:
a Discharges & Stream Impacts
Certified Operator: George A Nesbitt Operator Certificatlon Number: 21355
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Tony Nesbitt Phone: [phone]
Primary Inspector: ward.M Williams
Inspector Signature;/L'-L,
Secondary Inspector(s):
Beverly Price
Inspection Summary:
Phone:
I�
Date: ' /6:/
Phone:
Investigated complaint on 12119 concerning bad smell and fungus like growth in ditch. The ditch (un -named tributary to Cane Creek)
indeed had a bad smell, dark colored water, and an unusual growth. The ditch was impacted all the way down to its confluence with
Cane Creek.
I followed the impacted area of the ditch all the way back to where a discharge was entering it from the T&C Dairy. Tony Nesbitt was
not available at the time. I went back the next day 12120 with Bev Price and spoke with Tony Nesbitt and looked over the farm for
source of contamination. He stated that he had a broken water line that was releasing water to the ditch and he also had a clogged
drain in his milking parlor. As a result of the clogged drain, milking parlor waste was coming up through a hole in the concrete and
flowing into the ditch draining the dairy property, Mr. Nesbitt stated he would have the water line and clogged drain repaired
immediately.
Page: 1

9
0
Permit: AWC110006 Owner - Facility: George A Nesbitt Facility Number: 110006
Inspection Date: t2l1972006 Inspection Type: Compliance Inspection Reason for Visit: Complaint
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
aate Pond Si_URRY POND
Discharges & Stream Impacts
Yes
No
NA
NE
1. Is any discharge observed from any part of the operation?
■
❑
❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
■
a. Was conveyance man-made?
❑
■
❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
■
Cl
❑
❑
c. Estimated volume reaching surface waters?
unknown
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
■
❑
Cl
❑
2. Is there evidence of a past discharge from any part of the operation?
■
0
❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
■
❑
❑
Q
discharge?
Page: 2

4 �
I
N Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 1,10006 Facility Status: Active Permit: AW 110006 ❑ Denied Access
Inspection Type; oa]gjiancg Insgection Inactive or Closed Date;
Reason for Visit: Complgint County: Bu combe Region: Asheville
Date of Visit: 112/ j Orz o6_ Entry TIme:03:0Q_PM Exit Time: 04-15 2M Incident #: 7
Farm Name: T&C Dairy Owner Email:
Owner: GeeoLye A Nesbitt
Phone: [phone]x52
Mailing Address: Pb Ugx 956 Fletcher NC 287320936
Physical Address:
Facility Status: ❑ Compliant
Location of Farm:
E Not Compliant Integrator:
Latitude: 35°28'35" _-, Longitude: 5"
436 tower Brush Creek Rd, Fletcher. 4 miles SW of Fairview, 6 miles east of Fletcher, turn at Oak Baptist Church on to Lower Brush
Creek Rd. Go to dirt Rd 4th drive on left.
Question Areas:
0 Waste Application
Certified Operator: George A Nesbitt Operator Certification Number: 21355
Secondary OIC(s):
On -Site Representative(s): Name
24 hour contact name Tony Nesbitt
Title Phone
Phone; 828-628-1956
On-site representative Tony Nesbitt Phone: [phone]
Primary Inspector: Beverly Price, Phone:
Inspector Signature: 1:=�``L rDate: s J`'
/'7
Secondary Inspoctor(s):
Inspection Summary:
Complaint Investigation:
10. WUP requires a 200 foot buffer between application field and dwellings other than those owned by the landowner. The nearest
residence was 130 feet from the spray field The WUP also requires a buffer of 100ft. between application of animal waste and wells.
The nearest well was 54 feet from application area.
11. The animal waste was applied to bare soil and not incorporated within 48 hours. The WUP did not include this field for waste
application.
144 15. The crop that will be grown on the field is vegetables for direct human consumption. This crop was not listed in the WUP.
Mr. Nesbitt indicated that he would meet with Buncombe Soil & Water to get the WUP modified to include the correct crop/crops and
application field.
A Notice of violation will follow.
Page: 1

Permit: AVVC110006 Owner - Facility: George A Nesbitt Facility Number: 110006
Inspection pate: 12/2112006 Inspection Type: Compliance Inspection Reason for Visit: Complaint
Waste Structures
Type Identifier Closed Data Start Date Designed Freeboard Observed Freeboard
rite Pond SLURRY POND
Page: 2

Permit' AWC110006 Owner • Facility: George A Nesbitt
Facility Number: 110006
Inspection Date: 12121/2006 Inspection Typo: Compliance Inspection
Reason for Visit: Compiaint
Waste Ap lid _cation
Yes No NA NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
■ Cl ❑ ❑
improvement?
11. Is there evidence of incorrect application?
■ ❑ ❑ ❑
If yes, check the appropriate box below,
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%110 lbs.?
❑
Total P205?
❑
Failure to incorporate manure/sludge into bare soil?
■
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
■
Crop Type 1
Corn (Silage)
Crop Type 2 Small Grain (Wheat,
Barley, Oats)
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated }n the Certified Animal Waste Management ■ ❑ ❑ ❑
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement? ❑ ❑ Cl
Page: 3

n
Permit: AWC110006 Owner - Facility: George A Nesbitt
Facility Number : 110006
Inspection Date: 12/21/2006 Inspection Type: Compliance Inspection
Reason for Visit: Complaint
Waste Application
Yes No
NA
NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ ❑
■
❑
17. Does the facility lack adequate acreage for land application?
❑ ■
❑
❑
18. Is there a lack of properly operating waste application equipment?
❑ ■
❑
❑
Page: 4

Cp • r w •
� y
Q Y
October 20, 2004
CERTIFIED MAIL 7003 1680 0002 1293 6503
RETURN RECEIPT REQUESTED
Mr.Tony Nesbitt
T&C Dairy
P.O. Box 936
Fletcher, North Carolina 28732
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina cpanment of Environment and Natural Resources
Subject: NOTICE OF VIOLATION
Compliance Inspection — Slurry Pond Waste Level Marker
T&C Dairy
Facility No. 11-6
Buncombe County
Dear Mr. Nesbitt:
Alan W. Klimek, P.G. Director
Division of Water Quality
On October 10, 2004, Bev Price of the Division of Water Quality's Asheville Regional Office conducted a routine
compliance inspection of the waste handling system for the T&C Dairy. It was noted that the slurry storage pond
liquid level marker was not in place. This is a violation of your Certified Animal Waste Management Plan and the
General Permit #AWG200000 Section (III 2.a.). It is recommended that you contact the Buncombe County Soil and
Water Conservation District for help with this matter. The waste level marker should be installed as soon as
possible. Please respond to this office within 15 days of receipt of this notice. Please indicate when the waste
level marker will be instalted.
If you have any questions concerning this matter, please do not hesitate to contact Ms. Bev Price at (828) 296-
4500.
Sincerely,
!�;o�n
Davidson, .Gk'.
Regional Aquifer Protection Supervisor
cc: Gary Higgins, Buncombe County Soil & Water Conservation District 155 Hilliard Ave., Suite 204 Asheville,
North Carolina 28801
Aquifer Protection Section Central Files
Aquifer Protection Section Asheville Regional Office Files PPo"RhCaro ina
,1�rrtura�l�
North Carolina Division of Water Quality— Asheville Regional Office 2090 U.S, Highway 70 Swannanoa, NC 28778 Phone [phone]
Aquifer Protection Section FAX [phone]
Customer Service 1-877-623-6748
Internet: h2o.enr.state,nc,us
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0
A74 1' 10, AV
RCDENR
•
North Carolina Department of Environment and Natural Resources
Michnel R EaslCy, Governor
WATER QUALITY SECTION
September 21, 2001
Mr. Tony Nesbitt
T & C Dairy
P.O. Box 936
Fletcher, North Carolina 28732
Dear Mr. Nesbitt:
WiMarn3G. Ross,.lr., Secretary
Gregory J. Thorpe. Ph.f].
Actim- Director
Division of Water Quality
Subject: NOTICE OF DEFICIENCY
Compliance Inspection
Animal Waste Handling System
T & C Dairy - ##11-6
Buncombe County
The compliance inspection that I conducted September 20, 2001, of T&C
Dairy's animal waste management system again showed deficiencies with
operating requirements contained in the General Permit for Cattle Waste
Operation. Certificate of Coverage AWC110006 for this General Permit was
issued to you on June 2, 2000.
The deficiencies outlined by order of their reference in the
inspection report were (1) lack of a liquid level marker in the holding
pond and (2) non-current waste analyses (within 60 days of waste
application) and incomplete records of the Plant Available Nitrogen (PAN)
per crop/field (SLUR -2 form). Additionally, the permit requires that
freeboard level in the holding pond be formally monitored at least weekly
with records maintained on site.
Asheville Regional Office, 59 Woodfin Place, Asheville, Horth Carolina 28801 Phone: [phone] Fax: [phone]
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Page 2
September 21, 2001
Mr. Nesbitt
A copy of the inspection report is attached for your review together
with a supply of SLUR -2 forms for calculating the nitrogen balance for
each crop/field (PAN). Please make the necessary corrections to address
these deficiencies as soon as possible. Should you wish to discuss this
matter in more detail or wish additional assistance, do not hesitate to
contact me; telephone [phone].
Sin e1y,
L. Haner
Environmental Chemist
xc: Gary Higgins
Davis Ferguson
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Pax: 828/251-6452
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rl
Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
7Facility Number 11 6 Date of Visit: 9/x0/ZOA1 Time: o9Ull Printed on. 9/20/2001 °".4 41
=Not Operational Q Below Threshold
® Permitted ® Certified ©Conditionally Certified 13 Registered Date Last Operated or Above Threshold: t"
Farm Name: ..._.......... _..... .............. ..._.. County: IaR�tllll#ra .. ....................... ARA .........
Owner Name: d�.....-C Cn........................................................... Phone No: LR2#1_M-
MailingAddress: P0.0.1X,93b......... .................................. .............................................. . ....._....._................................ 247;12..............
Facility Contact: GCQx99..A► =AUY NA1b1U........................Title. UANAC...................... _. ......... _. Phone No: -�� ; .4 G.......... ...
OnsiteRepresentative:............................................................................_............................. Integrator: ... ».... _......._................. ............. _........................
Certified Operator:GCR[I:t~................................... Nabiltl..................... .. Operator Certification Number: 11x5,5 ......................... ...
Location of Farm:
435 Lower Brush Creek Rd, Fletcher. 4 miles SW of Fairview, 6 miles east of Fletcher, turn at Oak Baptist Church on to A,
Lower Brush Creek Rd. Go to dirt Rd 4th drive on left. ,.
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 35 •F 28 ° 35 Longitude 82 • 26 05
.101040..Cbrrioi>=
; :. D�s� c;��e.
ni colli ent
EaYitGi . Pop loij
Pouil ry c�. ae ".,) o'pl�iitio�t CutEle
CA � 14 t) wat3ion
Wean to Feeder
" ❑ Layer =-• ® Dairy
300 300
,
❑ Non -Layer ' . ❑ Non -Dairy
❑Farrow to Wean
., .: ;
❑ Other
�' T,, 0J' D6sign .E�paAty .
300
x
�Tot$l �S'LW
420,000
-
±�y f ❑Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
■=ryY��Y
dr o 13QII[i� psu 1
❑ No Liquid Waste Management S stem
z°.Y, ;
v
❑
E] Feeder to Finish
El Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Dnars
DischaMes & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: [I Lagoon [I Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
e. 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 I Structure 2 Structure 3 Structure 4 Structure 5
identifier• holding Hard
Freeboard (inches): 60
❑Yes ®Na
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ Na
❑ Yes ❑ No
❑Yes No
❑ Yes ®.No
Structure
6

Facility Number: 11-6 • Date of Inspection 9/20/2001 *Printed on: 0/20/2001 y
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
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?
1 l . is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type Corn (Silage & Grain)
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes ®No
❑ Yes ® No
13. Do the receiving 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 ® 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 or other 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?
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ®No
❑ Yes ® No
❑ Yes ® No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No
© No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
❑ Field Copy ❑ Final Notes
# 9 - freeboard adequate - no marker observed -
# 17- Certificate of Coverage and General Permit not present with other waste mgmt records
#19- Freeboard records not being maintained in accordance with pernvt
Records of waste application (SLUR -1) OK, SLUR -2 for PAN calculations not completed due to lack of current waste analysis
Farmer missed 60 day window - sample recently mailed for analysis. Results of soil analysis OK
Reviewer/Inspector Name
Reviewer/Inspector Signature:
Date:
05/03/01 ' Continued

F.acillty Number., t1-6 1)0f Inspection 9l20/211U1 Printed on. 9/20/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of property within 24 hours?
28, is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc_)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
® Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
05103/01
#26 - Farm is in rural community - farmer will install pipe extension when needed.
+
05103/01

I 0 • �.
x�
s. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRcEs
DIVISION OF WATER QUALITY
DIVISION OF WATER QUAL VILLE REGIONAL OFFICE
August 18, 2000
Mr. Tony Nesbitt
T & C Dairy
P.O. Box 936
Fletcher, North Carolina 28732
Subject: NOTICE OF DEFICIENCY
Compliance Inspection
Animal Waste Handling System
�d �v T & C Dairy - #11-6
W Buncombe County
Dear Mr. Nesbitt:
On August 17, 2000, I conducted a routine on-site
inspection of animal waste management system for the T & C
Dairy Farm. The inspection showed that the farm was
deficient in its compliance with the General Permit for
Cattle Waste Operation. Certificate of Coverage AWC110006
for this General Permit was issued to you on June 2, 2000.
Specifically, monitoring and reporting requirements
contained in the permit specify that an animal waste
analysis be performed within 60 days of land application.
Records indicated that this analysis had not been performed
and the SLUR -2 form for calculation and documentation of
the nitrogen balance for each crop had not been completed.
A copy of the report is attached for your review. It
is consistent with the draft inspection form completed in
your presence and left with you following the inspection.
. Additional comments and recommendations are entered on page
2 of the report. Hopefully the level marker in the holding
basin can be replaced without difficulty.
f
Thanks very much for your cooperation during this
r inspection. Do not hesitate to contact me at 251-6208 if
•- -- you wish to discuss this report in more detail.
Sin erely,
Ma L . Haner
Environmental Chemist SAM
xc: Gary Higgins
6 Davis FergtNT6Rugpin
_NAN48 BUtLOINO, 00 WOOOPIN PLACE, ABHEVILLB, NORTH CAROLINA 20801.2414
Forrest Westall PHONE [phone] FAX [phone]
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Dion. of Water Quality„ S
O'Division of Sotl,and;Water..Conservatton
0;*er Agency
rype of Visit Q Compliance inspection O Operation Review O Lagoon Evaluation
Reason for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 11 b Date of Visit: f3/17/2QO11 Time: � 1g45 Printed on: 8/17/2000
c
Q Not Operational Q Below Threshold
® Permitted ® Certified 0 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ..........................
.arm Name: U.C.1blia.................................................................................................... County: BtualcQvibe•••.................................... ARQ............
)caner Name: Mtut.IL.................................. NcMd ........................................................ Phone No: (?).tS�k(-2SS2..Rtc.(8i2> )..f7 -X95 .................
{acility Contact: ......................Title: ,l Mj=................................................. Phone No: #2J-62li-19.511.......................
MailingAddress: rQ.jQX,936........................................................................................... F:Ifk hgJC.:NC.......................................................... U732..............
)nsite Representative:.CAt)gag A,..` T.ons7.,N,e, Wtt..,,,,,,,,,,,,,••••,.. Integrator:
�ertified Operator:.Gjm:•gc.&..'.jAny . Nabig.............................................. Operator Certification Number:2,t3.5
.............................
aocation of Farm:
06 Lower Brush Creek Rd, Fletcher. 4 miles SW of Fairview, 6 miles east of Fletcher, turn at Oak Baptist Church on to
ower Brush Creek Rd. Go to dirt Rd 4th drive on left.
❑ Swine [j Poultry ®Cattle ❑Morse Latitude 35 • ®` 35 �� Longitude 82 • 26 OS
Design Current Design Current Design Current
Swine Capacity Population Poultry capacity Population Cattle Capacity Po ulation
❑ Wean to Feeder 10 Layer ® Dairy 300 270
❑ Feeder to Finish ❑ Non Layer ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other
❑ Farrow to Finish Total Design Capacity 300
❑ Gilts
❑ Boars Total SSLW 420,000
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Ares ❑ Spray Field Ares
Holding Ponds / Solid Traps I ❑ No Liquid Waste Management System
)ischarees & Stream impacts
Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated al: ❑ 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) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
:. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Vaste Collection & Treatme
Is storage capacity (freeboard plus storm storage) less than adequate?
Structure l Structure 2 Structure 3
Identifier: ................. I ................. ....................................
reeboard (inches): 24
❑ Spillway ❑ Yes ® No
Structure 4 Structure 5 Structure 6

5100 ` 0 Continued on back
FaWlltrNumber: 11-6^ Date of inspection 8/17t2000 Printed on: 8/17/2000
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure pian? ❑ Yes ® 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 ❑ No
10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No
12. Crop type Corn (Silage & Grain) Fescue (Hay)
13. Do the receiving 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 ® No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Rcnuired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
19. 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?
®' 'Ndm6,lations:or deflci rlcie§ were'nbted'during-this N' J' ' :Xots:will receive n6•fdrth'ee-
corresnondence about this.visit..
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Comments (refer twquestion*)':' Explain any�YES.'unswers and/or any recommendation orany other commenfs.r' ' `.s
� t c e'•inti
iJse:drawings of'fac>il O to bette�:expiain sttuXns: (use Wdditeoiigl pages as necessary);
#7 - One side of the holding pond needs to he improved increase height
#9 - level marker not in place - marker needs to be reinstalled
1117 - Certificate of Coverage and General Permit not at farm with other records
#19 - Records of waste application OK. Manure analysis not perforned within the 60 day window. PAN (Nitrogen) not being
calculated. Southern States to provide record of commercial fertilizer applied at the farm to include in calculation sheet SLUR -2.
r'
ReviewertInspector Name Max aner
-ZZ Z
.�.. , d 7.a.,_

Kevieweranspector Signature: ` Ak /vote: `�rVOO
�/i��IIYY���PW ��YII�VP�WYIr�UI �I �YW��I■ I��WrYWW�PIIIIIWYIIPPIPl1��- �
Facility Number: 11-6 Date of Inspection 8/17/2000 Printed on: 8/17/2000
dor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ® Yes []No
liquid level of lagoon or storage pond with no agitation?
V, Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
B.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
❑ No
roads, building structure, and/or public property)
29,
is the land application spray system intake not located near the liquid surface of the lagoon?
❑ Yes
❑ No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan melts, missing or
or broken fan blade(s), inoperable shutters, etc.)
❑ Yes
❑ No
31.
Do the animals feed storage bins fail to have appropriate cover?
[:]Yes
® No
32.
Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes
® No
C lnn