440052_CORRESPONDENCE_20171231

0
AGRICULTURAL
EXTENSION
SERVICE
Address reply to:
County Extension OQice
P. 0. Box 7667
Asheville, NC 28802
255-5522
April 20, 1988
Mr. Max Haner
Environmental Chemist
NC Dept. of Natural Resources
and Community Development
P. 0. Box 370
Asheville, NC 28802
Dear Max:
0
North Carolina State University
School of Agriculture and Life Sciences
Enclosed is the dairy plan for Tim Smart.
Will you please look it over and then xrite a
letter to Tim that we talked about and send
Willard Hunter and me a copy.
Very truly yours,
IAO-'�A
J. D. Brooks
Agricultural Extension Agent
Buncombe, Hayciood & Madison Counties
Enclosure
CC: Tim Smart .
Willard Hunter _ ��t4
Enclosure 3S W0CO3Fra
JDB : d j 0001
RECEIVED
Water Qt:aiit,: Sect;c
APR 2 1 '1988
Ashey�l�e 1tir�i i liiC2
RsheS1i41e,,�iLrii� Cari�'��;3
Cooperative Extension Work in Agriculture and Home Economics A& T and N.C. State Universities, 100 Counties and U.S. Department of Agriculture
4

Tim Smart
Tim Smart Dairy
156 Riverside Drive
Waynesville, NC 28786
• Michael F. Easley, Governor
RE: Permit application for Tim Smart Dairy
Facility # 44-52
Dear Mr. Smart:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 1, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7003 1010 0001 2611 4797
You are hereby notified that Tim Smart Dairy, in accordance with G.S. 143-215.10C, must apply for coverage under an
Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) days to submit the
attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws
(Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date
specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your
application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required
may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated
following the due date of the application.
The attached application has been partially completed using information listed in your Animal Waste
Management Plan Certification Form. If any of the general or operation information listed is incorrect please make
corrections as noted on the application before returning the application package. The signed original application, one
copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste
Management Plan must be returned to complete the application package. The completed package should be sent to the
following address:
North Carolina Division of Water Quality
Aquifer Protection Section
Keith Larick
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If you have any questions concerning this letter, please call me at [phone] or Bev Price of the
Asheville Regional Office at [phone].
Sincerely,
Keith Larick
Animal Feeding Operations Unit
cc: Permit File (w/o encl.)
Asheville Regional Office (w/o encl.) - Be,. Pr r«
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 2 7699-1 61 7 Phone [phone]
lntemet: h2o.enr.stalemc.us 512 N. Salisbury St. Raleigh. NC 27604 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50°I Recycledll0% Post Consumer Paper
Noor4Carol iria
Anttrra!!J
Customer Service
1-877-623-6748

•
February 4, 2002
Forrest R. Westall
Water Quality Regional Supervisor
Division of Water Quality
59 Woodfin Place
Asheville, NC 28801
Dear Mr. Westall,
is
This letter is in reference to farm # 44-52, Tim Smart. It is also in answer to the certified
letter dated January 3, 2002 detailing the -deficiency noted in the inspection reported by
Keith Haynes on December 11, 2001.
As explained in a previous letter the original holding lot and feeding area had to be
removed after the new free -stall barn was completed enough to be usable.
1. The free -stall barn is now usable
2. The new watering system is complete
3. The original holding lot and feeding area has been removed
4. The drystack has been excavated
5. The concrete walls and footings are complete
6. The exterior drainage system is almost complete and the wall partially back filled
7. The material for the roof has been ordered and should be on site by February 15, 2002
As soon as the roof is completed -and the floor is concreted and the push -off ramp is done
the drystack will be completed and the farm can be certified, since all other components
are already in place. Therefore, the purpose of this letter is to update you on our progress
and to ask for an extension of our time until June 1, 2002 for the completion date on the
remainder of the drystack.
On a personal note you should also know that in addition to operating the dairy on a day
to day basis our parents have had ongoing health problems and we also had twin boys,
which keeps us busy. Therefore, please consider this request favorably and allow us to
finish the project so we can be certified and permitted.
If you have any questions or need any further information please do not hesitate to call.
Thank you in advance for your consideration.
Sincerel
0'-�..
Tim mart
cc/Keith Haynes
Gregory J. Thorpe

North Carolina
•
Department of Environment and Natural Resources
Water Pollution Control System Operator Certification Commission
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Coleen H. Sullins, Chairman
February 21, 2001
Tim Smart
156 Riverside Drive
Waynesville NC 28786
SUBJECT: Designation of Operator in Charge
Farm Name: Tim Smart Dairy
Facility ID #: 44-52
County: Haywood
Dear Mr. Smart:
NCDENR
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agriculrural
lVaste, was enacted by the 1996 North Carolina General Assembly. This legislation requires owner of a certified
operator for each animal waste management system that serves 250 or more swine, 100 or more confined cattle,
75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid waste management
system.
Our records indicate that the operator designated as .the Operator In Charge (OIC) for your animal waste
management system is no longer certified. Therefore, you must designate a properly certified animal waste
management system operator as the OIC for your facility. The enclosed designation form must be returned to this
office by April 1, 2001. This office maintains a list of certified operators in your area if you need assistance in
locating a certified operator.
Failure to designate a properly certified Operator in Charge for your facility is a violation of N.C.G.S. 90A-47.2
and 15A NCAC 8F.0201 (a) and may result in the initiation of enforcement action. Please be advised that nothing
in this letter should be taken as resolving you of the responsibility and liability for any past or future violations for
your failure to have a properly certified Operator in Charge designated for your animal waste management system.
If you have questions concerning this matter, or if this office can be of further assistance, please call Beth
Buffington at [phone], extension 313.
Sincerely,
Dwight Lancaster, Supervisor
Technical Assistance and Certification Unit
Enclosure
cc: TAC Files
Non -Discharge Compliance/Enforcement Unit
Asheville Regional Office
Central Files
1618 Mail Service Center, Raleigh, North Carolina 27699-1618
Phone: 919 — 733-0026 1 FAX: 919 — 733-1338
AN EQUAL OPPpRTUNrrY k AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED 1 1056 POST CONSUMER PAPER

December 21, 2000
Mr. Forrest R. Westall
Water Quality Regional Supervisor
59 Woodfin Place
Asheville, NC 28801
Dear Mr. Westall:
This letter is in reference to Facility Number 44 - 52. It is also in reference to the letter
and Inspection Report I got after Mr. Haynes had visited my farm. I would like to give
your office an update and current progress report on the work that has been done towards
completing certification of my farm. Also, please accept this letter as a request for
additional time to finish this work.
Since the last progress report I have completed the free stall barn and the area between
the free stall barn and holding lot. These two areas had to be completed so the cattle
would have a place to eat since the current feeding area will have to be removed in order
for the drystack to be constructed. I have also completed the storm drainage system
necessary to carry storm water away from the site. All the fencing necessary to establish
the new traffic patterns for the animals has been completed. Grading for the drystack is in
progress. I have also constructed a temporary solid manure storage area that I spread
from every few days as necessary. As the inspection report says, I do not have a
discharge of any kind at this time, and all I need to be certified is a drystack for storage of
the solid waste.
The process of becoming certified has been very long and has used up all my available
resources, but I feel that since I have had to change my entire operation except where the
cows are actually milked and I have completed most of the work needed, plus I have no
discharge, I have made tremendous progress towards certification. Therefore, I would
like to request an additional six months (until June 30) to complete the drystack.
I will be glad to provide any further information you might need.
Yours
Tim Smart
cc: Keith Haynes, Div. of Water Quality
59 Woodfin Place
Asheville, NC 28801
Jeff Young, Div. of Soil and Water Conservation
59 Woodfin Place
Asheville, NC 28801

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SOIL&WATER '
C0NSERVA a I N
Haywood Soil and Water Conservation District
P.O. Sox 425 • Waynesville. North Carolina 28786
[phone] • [phone]
[phone] - FAX
July 18, 2000
Kerr T. Stevens, Director
Division of Water Quality
NC Department of Environment
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Stevens:
This letter is in reference to farm # 44-52; Tim Smart. I am writing on a tia
Mr. Smart, and to let you know how much work has been done on this operation
with the goal of being certified for .0200.
Mr. Smart has installed the following practices to this date:
1. He first installed fences and stock trails to move the cattle from outlying
pastures to the barn and to prevent erosion and surface water runoff.
2. He then installed a storm water runoff system complete with diversions and
underground piping.
3. Next, he has installed a roof over his cow holding lot going into the milk barn.
4. He then installed an underground tank pump and irrigation system to control
the water from the milk room and barn.
5. Since he had utilized a holding pond before installing the tank and irrigation,
he was able to remove the pond. (The pond was too small and leaked into
Rush Fork Creek.)
6. To totally implement his plan and to become certified he has to abandon his
current holding lot and feeding area and build a new free stall barn and
feeding area. Then his current feeding area and lot will be removed and his
dry stack will then be built. He has the roofed part of the free stall barn
complete, and as soon as he can complete the watering system and enough
of the barn to feed in, he will be using that part of the facility.
CONSERVATION • DEVELOPMENT • SELF-GOVERNMENT
'U

7. Mr. Smart will then have to remove the current feeding area and lot, and
install the dry stack.
would also like to point out that at this time, even though the farm is not
certified, Mr. Smart does not have a discharge of any type from his operation.
Along with his irrigation system and holding tank, he has a temporary storage
area for the dry waste so that he can haul and spread every few days.
Mr. Smart has worked long and hard under some very difficult conditions on this
project. Therefore, he would like to request an extension of his special
agreement to allow him to complete the work necessary for certification.
Thank you for your consideration in this matter.
Sincerely,
L slie Smathers
Haywood SWCD
cc: Forrest Westall
Division of Water Quality
59 Woodfin Street
Asheville, NC 28801

NORTH CAROLINA DEPARTMENT OF
s
ENVIRONMENT-AND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
DIVISION OF SOIL AND WATER CONSERVATION
1�
..�..:�_.__.
NCDENk -
July 18, 2060
- ='s
Mr. Kerr T. Stevens
State of North Carolina
JAMES B. FiUNTJR.=:`�"
Department of Environment and Natural Resources
GOVERNOR
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
WAYNE MCDEvM
y
Dear Mr. Stevens:
SECRETARY --
Mr. Tim Smart, owner of facility number 44-52 has requested I send a letter
°7
outlining technical assistance I have furnished in conjunction with the animal
waste management system designed for his farm. Below are significant dates
during planning and construction and a brief narrative of events.
Mr. Smart requested technical assistance from the Haywood Soil and Water
Conservation District in the spring of 1996. As a result, the district staff made a
formai request for engineering assistance to USDA-NRCS Area Conservationist
which was approved June 3, 1996 and forwarded to my office. I received the
request on June 17, 1996 (see attached documents)
1 visited the facility and met with Mr. Smart in July of 1996. The first set of
_-`
preliminary plans were delivered to Mr. Smart on July 23, 1996. Revisions were
requested and a second set of preliminary plans were submitted to Mr. Smart on
August 13, 1996. This set of plans required the abandonment of the existing
-j
concrete feedlot and construction of a new freestall housing and feeding facility
adjacent to the old feedlot. This approach was the best alternative for the site,
_
but required special approval for NC Agriculture Cost Share Program {NCACSP}
funding. A dialog was established with Donna Moffitt, Section Chief over the
".�
NCACSP and final approval for the relocation was obtained March 7, 1997.
+_
Preparation of final drawings began after receiving approval for NCACSP funding.
Final drawings, specifications and material list were delivered to Mr. Smart on
July 21, 1997. Additional modifications were requested by the landowner, and a
revised set of plans and specifications were delivered on October 21, 1997. At
the request of Mr. Smart, a wastewater irrigation system was designed as part of
his plan. The drawings were approved and delivered on November 3, 1997.
Construction inspection is part of the technical assistance I provided to Mr_ Smart.
As a result, I also document start and completion time of construction of various
=_
components of the waste management system. Mr. Smart began construction of
.i
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
-
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

•
Page 2
July 18, 2000
the system in March of 1998. He completed a freshwater collection and diversion
system around the confinement area first, then began construction of the irrigation
system in November 1998, which was completed by January 1999,
On August 5, 1999 Mr. Smart began construction of a freestall barn adjacent to the
existing feedlot. The roof was erected and completed by September 1999.
Construction of freestalls, feed lanes, watering facilities, head gates and electrical
components have continued throughout 1999 with the facility near completion at my last
visit on June 13, 2000.
The final component of the system is a manure stacking facility that will be constructed
where the feedlot currently is located. Mr. Smart must complete the confinement
building and move the cattle into the facility before the feedlot can be demolished and
replaced with the stacking facility. Mr. Smart has followed the suggested construction
sequence and installed components that meet all NRCS and SWCC standards.
Please contact me if you need additional information or have any questions.
Sincerely,
Jeff You.. PE r
Environmental Engineer I
Attachments (2)
cc: Leslie Smathers
Tim Smart
Keith Haynes
Forrest Westall

NCDENR
JAMES B. HUNTJ
GOVERNOR:-
`• WAYNtMcDEV
E t SECRETARY '
z' a ".y'�i��7y""1 ��•
N CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
DIVISION OF SOIL AND WATER CONSERVATION
July 18, 2000
Mr. Kerr T. Stevens
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Stevens:
per. Mr. Tim Smart, owner of facility number 44-52 has requested I send a letter
Azto-
outlining technical assistance I have furnished in conjunction with the animal
waste management system designed for his farm. Below are significant dates
during planning and construction and a brief narrative of events.
FMS
o Mr. Smart requested technical assistance from the Haywood Soil and Water
Conservation District in the spring of 1996. As a result, the district staff made a
formal request for engineering assistance to USDA-NRCS Area Conservationist
which was approved June 3, 1996 and forwarded to my office. I received the
request on June 17, 1996 (see attached documents)
i -4
I visited the facility and met with Mr. Smart in July of 1996. The first set of
preliminary plans were delivered to Mr. Smart on July 23, 1996. Revisions were
requested and a second set of preliminary plans were submitted to Mr. Smart on
August 13, 1996. This set of plans required the abandonment of the existing
concrete feedlot and construction of a new freestall housing and feeding facility
adjacent to the old feedlot. This approach was the best alternative for the site,
but required special approval for NC Agriculture Cost Share Program (NCACSP)
funding. A dialog was established with Donna Moffitt, Section Chief over the
NCACSP and final approval for the relocation was obtained March 7, 1997.
Preparation of final drawings began after receiving approval for NCACSP funding.
Final drawings, specifications and material list were delivered to Mr. Smart on
July 21, 1997. Additional modifications were requested by the landowner, and a
revised set of plans and specifications were delivered on October 21, 1997. At
the request of Mr. Smart, a wastewater irrigation system was designed as part of
his plan. The drawings were approved and delivered on November 3,1997.
Construction inspection is part of the technical assistance 1 provided to Mr. Smart.
As a result, I also document start and completion time of construction of various
components of the waste management system. Mr. Smart began construction of
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLEWII o% POST -CONSUMER PAPER

•
Page 2
July 18, 2000
•
the system in March of 1998. He completed a freshwater collection and diversion
system around the confinement area first, then began construction of the irrigation
system in November 1998, which was completed by January 1999.
On August 5, 1999 Mr. Smart began construction of a freestall barn adjacent to the
existing feedlot. The roof was erected and completed by September 1999.
Construction of freestalls, feed lanes, watering facilities, head gates and electrical
components have continued throughout 1999 with the facility near completion at my last
visit on June 13, 2000.
The final component of the system is a manure stacking facility that will be constructed
where the feedlot currently is located. Mr. Smart must complete the confinement
building and move the cattle into the facility before the feedlot can be demolished and
replaced with the stacking facility. Mr. Smart has followed the suggested construction
sequence and installed components that meet all NRCS and SWCC standards.
Please contact me if you need additional information or have any questions.
Sincerely,
Jeff �krng, PE
�'o
Environmental Engineer
Attachments (2)
cc: Leslie Smathers
Tim Smart
Keith Haynes
Forrest Westall

•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
June 30, 2000
TIM SMART
TIM SMART DAIRY
156 RIVERSIDE DRIVE
WAYNEVILLE, NC 28786
SUBJECT
JUL t 2000 E
Dear Mr. Smart:
•
4 • •
NCDFNR
NORTH CAROLINA DEPARTMENT Of
ENVIRONMENT AND NATURAL RESOURCES
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
EMC v. Tim Smart of Tim Smart
Dairy, Stipulated Penalty Demand
for Violation of Agreement
Facility Number: 44-52
Haywood County
You entered into a Special Agreement with the State of North Carolina whereby
operation of the waste handling system serving Tim Smart Dairy was placed under an
enforceable schedule of events leading to compliance with North Carolina General Statute
143-215.1 and North Carolina Administrative Code Title 15, Section 2H.0200.
Under Paragraph 2(a) of the Special Agreement, you were required to obtain and
implement a certified animal waste management plan my December 31, 1999. To date, you have
not obtained and implemented a certified animal waste management plan for Tim Smart Dairy.
Paragraph 2(c) of the Special Agreement requires you to report compliance or non-
compliance with the scheduled events to the Director of the Division of Water Quality (DWQ)
within fourteen (14) days after the required deadlines. You have not submitted a report of non-
compliance.
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleiuh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Oppurtunit-ylAfrnruti►ve Action Emplover
50% rec sled 110% post-consioNer pelper
lr1tp:111r2o. errr state.nr. US
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Persuant to Paragraph 3 of the Special Agreement, stipulated penalties in the amount of
$88,200 are now due for the 182 day period beginning December 31, 1999 and ending July 1,
2000. The stipulated penalties were calculated at a rate of $100/day for the first seven days and
$500/day for 175 days thereafter. Payment must be made by certified check, made payable to the
"Department of Environment and Natural Resources, " and must be sent to the Department at the
address given below within 30 days from your receipt of this demand:
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
Please note that if you HAVE NOT OBTAINED AND IMPLEMENTED A CERTIFIED
ANIMAL WASTE MANAGEMENT PLAN, penalties continue to accrue at a rate of $500/day.
Paragraph 4 of the Special Agreement provides that stipulated penalties are due and
payable within 30 days from demand if you fail to comply with the required deadlines.
Paragraph 4 of the Special Agreement further provides that the stipulated penalties are not
due if you satisfy the Division that your failure to comply was due to events or circumstances
beyond your control. In accordance with paragraph 4 or the of the Special Agreement, you must
file a written request with me to initiate informal negotiations and stay the due date.
If you have any questions regarding this notification please contact Mr. Keith Haynes at
telephone number 828-251-6208.
Sincerely,
Kerr T. Stevens
Xc: Forest R. Westall
Office of Legal Affairs
Attorney general's Office
�Keifh.HaynEsl
Alailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Ralei-h, North Carolina 27699-1617 State Courier #52-01-01
An Equal Oppnrtunitr /Aff rn arire Action Eniplover
50'7: recYcled / 10% past-consunjer paper
lutp: //Ir2o.enr. stute.11V. us
,Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

0
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
June 30, 2000
TIM SMART
TIM SMART DAIRY
156 RIVERSIDE DRIVE
WAYNEVILLE, NC 28786
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENv1RONMENT AND NATURAL RESOURCES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: EMC v. Tim Smart of Tim Smart
Dairy, Stipulated Penalty Demand
for Violation of Agreement
Facility Number: 44-52
Haywood County
Dear Mr. Smart:
You entered into a Special Agreement with the State of North Carolina whereby
operation of the waste handling system serving Tim Smart Dairy was placed under an
enforceable schedule of events leading to compliance with North Carolina General Statute
143-215.1 and North Carolina Administrative Code Title 15, Section 2H.0200.
Under Paragraph 2(a) of the Special Agreement. you were required to obtain and
implement a certified animal waste management plan my December 31, 1999. To date, you have
not obtained and implemented a certified animal waste management plan for Tim Smart Dairy.
Paragraph 2(c) of the Special Agreement requires you to report compliance or non-
compliance with the scheduled events to the Director of the Division of Water Quality (DWQ)
within fourteen (14) days after the required deadlines. You have not submitted a report of non-
compliance.
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Eyaaul Opportunity /AfroacrtiveAction Errrplorver
5!)r/�, reci•cled / /Orli post- consrrnaer paper
I a tt�J: //h?n. eaa r. stye rr. ra r. res
Location:
512 N. Salisbury St.
Ralei2h. NC 27699-1617

•
•
Persuant to Paragraph 3 of the Special Agreement, stipulated penalties in the amount of
$88,200 are now due for the 182 day period beginning December 31, 1999 and ending July 1,
2000. The stipulated penalties were calculated at a rate of $100/day for the first seven days and
$500/day for 175 days thereafter. Payment must be made by certified check, made payable to the
"Department of Environment and Natural Resources, " and must be sent to the Department at the
address given below within 30 days from your receipt of this demand:
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
Please note.that if you HAVE NOT OBTAINED AND IMPLEMENTED A CERTIFIED
ANIMAL WASTE MANAGEMENT PLAN, penalties continue to accrue at a rate of S500/day.
Paragraph 4 of the Special Agreement provides that stipulated penalties are due and
payable within 30 days from demand if you fail to comply with the required deadlines.
Paragraph 4 of the Special Agreement further provides that the stipulated penalties are not
due if you satisfy the Division that your failure to comply was due to events or circumstances
beyond your control. In accordance with paragraph 4 or the of the Special Agreement, you must
file a written request with me to initiate informal negotiations and stay the due date.
If you have any questions regarding this notification please contact Mr. Keith Haynes at
telephone number 828-251-6208.
Sincerely,
Kerr T. Stevens
Xc:tForest-R-Wes aIP
Office of Legal Affairs
Attorney general's Office
Keith Haynes
Alailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Ralei«h. North Carolina 27699-1617 State Courier #52-01-01
An Equal Opporrunin•/Afrnuttive Acviox Emplover
50%, recYc led / /0% post-constufter paper
hrtp:11h2u.ettr.s1cr1e. uc•.us
Location:
512 N. Salisbury St.
Ralei-h. IVC 27699-1617

Kiel
SOIL &WATER
Cn0NS RVA ji N
Haywood Soil and Water Conservation District
P.O. Box 425 • Waynesville, North Carolina 28786
[phone] • (704)1
[phone] - FA
January 21, 2000
Sonya Avant
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Sonya. -
This letter is in reference to farm # 44-52; Tim Smart. I am writing on behalf of
Mr. Smart, and to let you know how much work has been done on this operation
with the goal of being certified for .0200.
Mr. Smart has installed the following practices to this date:
1. He first installed fences and stock trails to move the cattle from outlying
pastures to the barn and to prevent erosion and surface water runoff.
2. He then installed a storm water runoff system complete with diversions and
underground piping.
3. Next, he has installed a roof over his cow holding lot going into the milk barn.
4. He then installed an underground tank pump and irrigation system to control
the water from the milk room and barn.
5. Since he had utilized a holding pond before installing the tank and irrigation,
he was able to remove the pond. (The pond was too small and leaked into
Rush Fork Creek.)
6. To totally implement his plan and to become certified he has to abandon his
current holding lot and feeding area and build a new free stall barn and
feeding area. Then his current feeding area and lot will be removed and his
dry stack will then be built. He has the roofed part of the free stall barn
complete, and as soon as he can complete the watering system and enough
of -the, barn to feed in, he will 'be using that part of the facility: "
7. Mr. Smart will then have to remove the current feeding area and lot, and
install. the dry stack.
CONSERVATION • DEVELOPMENT • SELF-GOVERNMENT

•
•
I would also like to point out that at this time, even though the farm is not
certified, Mr. Smart does not have a discharge of any type from his operation.
Along with his irrigation system and holding tank, he has a temporary storage
area for the dry waste so that he can haul and spread every few days.
Mr. Smart has worked long and hard under some very difficult conditions on this
project. Therefore, he would like to request an extension of his special
agreement for an additional six months to allow him to complete the work
necessary for certification.
Thank you for your consideration in this matter.
Sincerely,
..c
eslie Smathers
Haywood SWCD
cc: Keith Haynes
Division of Water Quality
59 Woodfin Street
Asheville, INC 28801

State of North Caro*
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Tim Smart
Tim Smart Dairy
156 Riverside Drive
Waynesville NC 28786
Dear Tim Smart:
i • •
_ rr
f
e64__NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999
Subject: Fertilizer Applice
Animal Waste M
Facility Number 44-52
Haywood County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY1, DRY2, DRYS, SLUR], SLUR2,
SLD I, and SLD2) and maintained in the facility records for review_ The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms_ Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens, Director
Division of Water Quality
cc: Asheville Regional Office
Haywood County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
i V An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

ru
rt.r
~ Postage S ..
Ln
r— Certllled Fee
r -q ,
Postmark
M Return Recelpt Fee Here
C3 (Endorseriment Required)
O Restricted Delivery Fee
Ct (Endorsement Required}
C3 '
Total Postage 8 Fees'
M Name (Please dnt C Hy) (to be ompleted by mailer)
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State of ;%;rth Carolina
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne 'McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NME
NJ[ OR AND UN1
TO: Regional Nater Quality Supervisor
FROM: Shannon Lanalev
_ �- �
w � 1
NCDENR
ENVIRONMENT AND NATURAL- RESOURCES
SUBJECT: Application for special agreement
��
Please find attached a copy of application for special agreement for facility number �
If you have any questions, please call me at 733-5083, ext. X81.
ATTACHMENT
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Afru-mative Action Employer 50% recycled/10% post -consumer paper
I

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANIIIIAL OPERATIONS REQUESTING A SPECUL AGREEMENT)
I. GENERAL INFORMATION:
1. Applicant (Owner of the Facility):�,,�ci,7� _.
2. Facility No.: q V- SaZ
3. Facility Name:
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
legallyresponsiblefor the facility and its compliance):
1r,m 5mcLrf-
5. Mailing, Address: �S(2 i t1e1;5 i ci e i d e
City: Ml d e State:_ A C _ Zip: =2 Y 7
Telephone \To.: (79 y) 612 - 4'I 9 D
6. County where facility is located: __ Hoa -WOA_
7. Operation Type (Swine, Poultry, Cattle): _CA ff ),Q-
8.
,Q-
8. Application Date:
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
September 1, 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste manaaement plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste manaaement plan so
lona as the operatbr complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
_ __ 1. Date facility requested assistance from their local Soil &: Water Conservation District
T
FORM SPAG 1198 Page 1 of 4

_'. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts signed
D. Funds expended
E. Improvements made to the system
F. Animals removed and not retoacked at the facility
G. Other actions taken
.1. 1 ot
ME
� ..• �. � �•� ._.-. ire' �..13111111�.
FORM SPAG 1198 Page 2 of 4
JW
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-�
a
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� ..• �. � �•� ._.-. ire' �..13111111�.
FORM SPAG 1198 Page 2 of 4

II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of notrestocking animals that
are scheduled to be removed from the facility until such time as. a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively lona. (Use additional sheets if necessary).
V •
FA
i • �� a-)�� i.__ ,� � � �..... L. _�
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I E1111,
f
a . � �! . a . • � � IiY �t•1 �. w>o
Applicant's Certification:
I, , attest this application for a Special Agreement
jt�JTEX, C has been reviewed me and is accurate and complete to the best of my
knoe. I understand if all required parts of this application are not completed and if all
this document removes my responsibility and hability for complving with all North Carolina
General Statutes and Regulations. I understand that the failure to meet anv dates that are asreed
upon by myself and the EMC will result in Appropriate enforcement actions being taken by the
EMC.
t
Date 3
gnat e fff ID wner
FORM SPAG 1198 Page 3 of 4

w
JAG Gloml
oti,--e---%z = -- - -_ --- -

-Re aired Items:
One (1) original and two (2) copies of the completed and appropriately executed
application arm along with an • attachments.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTlNG
VNFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLONVENG ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE COMPLIANCE/ENFORCEMENT UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
FORM SPAG 1/98
Page 4 of 4

I
REGISTRATION FORIM
to
Obtain an Approved Animal Waste Management Plan
(Pursuant to Sec. 14, Part VI of Senate Bill 1217)
DISTRICT: HAYWOOD
NANE OF OPERATOR:
TIM SMART'
(Please Print)
ADDRESS:
RT. 3, BOX 13
(P.O. Box or Street Address)
CLYDE
(City)
Telephone Number:
NC
(Stale)
28721
(Zip Code)
704 1 627-6717 627-0490
(Home) (Business)
Type of Operation: DAIRY Size: 12 b
(No. of animals)
(Signature of Operator) (Date)
(District Signature) te)
DSWC (7118196)

r. M NORTH CARMNKA AGaCtLTtM COST SFMiiE PW6RAM
D5% Z7
REQUEST FOR PAYMENT
DAZE �/I9�88 *� AGREEfiENi' NUMBER
Cam
yy.. 8�_ Z?- os
PLANNED TREATMENT COMPLETED
NC-ACSP-3
(6/86)
ITEM
NO.
FIELD.
ND
PRACTICE-,'--,---
UNITS
PLANNED
UNITS
OOMPLETED
AMOUNT EARNED (_)
Baal
jppp L.��
Zd Z. �
173oD
a.�
S •w
/ a,G � �
� � Z3 �
TOTAL �
� �

I (We) hereby certify that the above practices have been implemented according WIN specifications of this program and the planned units of each practice harp bei
cdmpletedas shown. I (We) also certify that this request contains no duplication of payment under any other fedbral or state cost share program.
APPLICANT APPLICANT ( )
PAYMENT DUE = 31 ao PAYMENT DUE .................. .
SOCIAL SECURITY NO. 7P'ZZ SOCIAL SECURITY NO.
NAME ld �. 5t+naK k NAME
ADDRESS ADDRESS
G� Li e, Air • x872 r ..
SIGNATURE TE SIGNATURE DATE
The above practices have been implemented according to the specifications of this program.
DATE
DATE
TECHNICAL REPRESENTATIVE OF THE DISTRICT
I hereby certify that the above information is accurate and hereby approve payment to the applicant(s) in the
specified amount.
LUNO
CONTROL
A Y•O U N T
C
R
fRC
OUECT
RCC
PROORAY
DIiT,
PURCHASE P
DAM
AWET
NUIWER
RIYUYiERCE
ID[NTIr'1CATIOM
NUYiiR01

PLANWD TAEATI" ANT W IPIETED
.w�..._.•_.
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' NO.
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.� .. _ _ .- -PR14CTfCE '� :- :_-
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f1NfTS
PLANNED
�
r.
mcd
.
/I lW EMWD M
It
"a�`� ~
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••- ��... ._ ..',,.�a.,_ :...
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.� .. _ _ .- -PR14CTfCE '� :- :_-
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PLANNED
��_: UNfTS
MMPLETED
.
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I.
DO.
-Cf
' M �. y. 1. "•1 L•L i hi L --A Y� A%./ i� 4i/M.+•lY.r .. M.Trr ..... �.'r �. ti•.ywr •a Y1V V •'rr "•'�'i."r "`/•'�Y_...
��iriT} Sira'�Q ali1S 1 jA" aia~ 'i.%'. -+! i� 7 .a#I"- � it :jj� ,� t "'t
� r•c.�..�ei-..,Y .� ,A�.!'!}/!,W rr..�t.•I! <` rr`^""[r'-1v�"•^'1 `moi" .,M!'y!'�ti'��.� Lr.�.. y.._. w.�A +r �jW~fir• r� .�....�� YYy � a •~.r �;rf:
1 � .lig _ LMa 1'• 1...' � +- �+
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I t We) hereby certify'ft the move practices have been Implemented ii !n the',ro'c:iffCelinM_ 4f this P�'m and the PIWwwd +mils a-
pr�
.�.� �' � •:;•,• ! (ft) al31 C!�'t` s 4:}: ;;iia rsgjest 4italn5
.. ._ . i r
_ APPLICANT ( _ APPIC__..��
W
PAYMENT DUE 12, 3E y , p _ ..
SOCIAL SECURITY NO. Z q (o -53&- 7 6 Z�
MIME Do F4
ADDRESS
CJ_y be ,N C 213 7Zf
PAYMENT DUE Z _
�SgC1AL SECURITY N0....__...._._., .._......--- _... .,....ri.,._ ... . _ .
`-"ADDRESS
QATy y SITURE _. .. - DATE
The move practices have been implemented mrdinq to the speclficatiatis of this proram. -
DATE
DATE
TECHNICAL REPRESENTATIVE OF THE DISTRICT
X
I hereby : ekify, that the abm information i3 gate and hereby apprm payment to the applimt(a) in the
specified emmnt - _...._. - .._._.__ _ _.._... --._.__,.•- �i�
STRICT CM41M DATE
-
/VMO COMT11Dl A li•O U N T [ FOC OuiCTIICC /IIdQ1uM Olti. 01117[11 IQ ua�A mum"R' ID[MTI/1 1TlOM
mu a '

NC NRM NORTH CAROLINA A6RICU.TU7AL COST SHAD PROGRAM NC-ACSF-3
DSWC (6/86)
DATE 02/16/90
COUNTY HAYWOOD
PLANNED TREATMENT COMPLETED
REQUEST FOR PAYMENT
ABREEMNT KMR
44-90-21-05
ITEM
NO.
FIELD
NO.
PRICE
UNITS
PLANNED
UNITS
COMPLETED
AMOUNT EARNED (t)
2
1
CRITICAL AREA PLANTING
•75
.75 ACRE
$563.00
TOTAL 1 $563.00 1

I (We) hgreby certify that the above practices have been implemented according to the specifications of this program and the planned units of each practice have been
completed'as shown. I (We) also certify that this request contains no duplication of payment under any other federal or state cost share program.
APPLICANT ( owNER ) -
PAYMENT DUES .563.00
SOCIAL SECURITY NO. d4 c� — 0`n
NAME TIM SMART
ADDRESS ROUTE 3, BOX 13
CLYDE, NC 28721
SIGNATURE
DATE
V •'
The above practices have been Impleme9to according to the specifications of this program.
DATE 144441? /
APPLICANT
PAYMENT DUE S
SOCIAL SECURITY NO.
NAME
ADDRESS
SIGNATURE
DATE
TECHNICAL REPRESENTATIVE OF THE DISTRICT
I hereby certify that the above information is accurate and hereby approve payment to the applicant(s) in the
specified amount.
yds.
RICT CHAI
zz
D
DATE
r
CONTIIOL
A M•O U N T
I.
r1
DATE
FUND
CONTIIOL
A M•O U N T
C
R
FRC
OBJECT
RCC
PROGRAM
DIST,
PURCHASE
ORDER
P
ID
ASSET REFERENCE
FERE CS
IDENTIFICATION
NUMBER
NUMBER

NC EIINR NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM NC-ACSP-3
DSWC REQUEST FOR PAYMENT (B/95)
DATE 5/9/96 AGREEMENT NUMBER
COUNTY 1IAYWOOD 44-96-02-05-SFF
PLANNED TREATMENT COMPLETED: AS PLANNED X REVISED
This R for P (date) for
$ completes the work to
be done under this contract
and the remaining funds $
are to be returned to the
current year District Account.
ITEM
NO.
FIELD
NO.
PRACTICE
REVISED
SOIL LOSS
PRE :POST
EST. HRS
PLANNING
& DESIGN
EST. HRS.
INSTALL.
UNITS
PLANNED
UNITS
COMPLETED
AMOUNT
EARNED
i
1
STOCK TRAIL
40:6
4
5
EXCAVATION
1800 L.FTI
1800 L.FT.
$ 675.00
FILTER -CLOTH
3000 SQ.
D 30005 .YD.
4500.00
GRAVEL
FENCING
3000 L.FT
2750 L.FT.
2578.00
TVA 319:Engineering Assist.`Y X N TP: Project Name _Y �N TOTAL
$15,043.00
319 LC: Long Creek Project _Y X N Other: Project Name _Y'. N
PLEASE USE YELLOW PAPER

I:w(1Vc-).6horeby certify that the above practices have been implemented according to the specifications
of this program and the planned units of each practice have been completed as shown. I (We) have
been provided a copy of the final CPO that includes all BMPs as implemented, and a final Waste
Management Plan (WMP) for any confined animal operation. I (We) understand that I (We) must notify
the District prior to any change in the agreed to Waste Management Plan. I (We) also certify that
this request contains no duplication of payment under any other federal or state cost share program.
IJAPPLICANTI] 1099 form is issued for $600 & over 11
PAYMENT DUE $15,000.00
SOCIAL SECURITY NO. 241-88-9733
OR FEDERAL I.D. NO.
NAME
TIM SMART
ADDRESS RT. 3, BOX 13
CLYDE, NC 28721- 9SO_3
SIGNA'T'URE as appears f�
on SS card or Fed ID
DATE
LANDOWNER
1099 form is issued for $600 & aver
PAYMENT DUE $
SOCIAL SECURITY NO.
OR FEDERAL I.D. NO.
NAME
ADDRESS
SIGNATURE as appears DATE
on SS card or Fed ID
Phe above practices have been implemented according to the specifications of this program.
Final Waste Utilization Plan Status: As Planned q� Revised and Attached
k
DATEL.....................................
TECHNICAL REP SENTATIVE FOR OFFICE USE ONLY
. • ••••.
DATE �"� ' �� .PayEntity16PNBudgetCode24300:
SIGNATURE OF J B APPROVAL AUTHORITY
(Required or a Note can be attached if other than REMIT CODE/MESSG
Field Office Personnel)
APPROVED FOR PAYMENT
I hereby certify that the above information is accurate
and hereby approve payment to the applicant(s) in the BY
spec_ i,f ied amount.
/� / /7 RETURN TO: BW
DATEC9,t, ��, .................................. .
-DISTRICT CHAIRMAN
INVOICE
INVOICE
Dr1099
ACCRL
SAS
DATE
NUMBER
AMOUNT
Cr
COMPANY
ACCOUNT
CENTER
CODE
CODE
�0 0i
1 6
0
2
5 3
6
1 4
4
2 5
1 0
M
7
-

i
DAIRY WASTE SURVEY
Date -1;7 County
Producer Name CoPhone
Address
Street _ C" State Zip
Agency Contact Persons a` �-
Type of Operation � _ `1 z _ - 9
(examples: total confinement, no confinement, confinement and
Do you understand the regulations? Yes t/ No
- '.y ./ -1
pasture combination, freestalls,
Do you understand the step-by-step process for obtaining approval by .0200 plans?
Concerns or misunderstandings:
FARM LN -FORMATION: (please complete backs
heet)
sheet)
/1111 , _ i/_ _ D Z? t
Describe
Z�1=:�
existing waste management plan:
Does the overall existing
If no, describe reasons:
Note water quality concerns:
meet,0200 requirements? Yes
Type of plan desired and/or needed: �f IV`
Estimated design time: J Estimated installation time
No
etc.)
Yes 4-"- No
Owned Lease
Land available for waste application: Cropland 1�n
Pasture a tune
P
WHAT ARE YOUR PLA- TS :'
Do you plan to stay in -dairy business after December 31, 1997? Yes
Are you ready to install a plan now? Yes P__ ­No —p
If no, when would you be ready?
Would you prefer to hire a private engineer? Yes No
Would you consider hiring a private engineer? Yes No
Do you desire cost share assistance if available? Yes _L—No –
If cost share assistance is not available, will 7
you install a plan totally at your expense? Yes No
What are you planning as your next step in animal waste management`'
�� zz

Step -by -Step Process for Obtaining Approval for .0200 Waste Management Plaus
For Dair.y and Beef Producers
1. Registered the operation if over 100 Bead of dairy or beef animals in a
concentrated area.
2. Made an inquiry about aiumal waste plans.
3. Contacted designated county level person.
4. Made formal request for waste management assistance.
S. (NOT MANDAroll ) Requested cost share assistance from:
a. N.C. Agriculture Cost -Share
b. Consolidated Farm Service Agency (CFSA)(old ASCS)
If yes for (a) N. C. Agriculture Cost -Share:
a. Received approval for cost -share assistance from the local Soil &
Water Conservation District (SWCD) Board of Supervisors.
6.
b. Received cost --share assistance contract and written approval for
cost -share assistance from the N.C. Dept. of Environment, I-iealdi
& Natural Resources (DEI -INR) - Div. of Soil & Water
Conservation.
If yes for (b) CFSA (old, ASCS):
a. Received approval froin CFSA.
Received approved design from Natural Resource Conservation Service
(NRCS) staff engineer, a private engineer or other approved technical
specialist.
(If a private engineer or oilier approved technical specialist is used,
proposed animal waste plans have been sent to die local SWCD for
scrutiny and approval before installation begins --SUGGESTION ONLY-
-THIS IS NOT A REQUIREMENT)
(OVER)
Yes/No Who
V
11 rv,
( ) Check
Each Slop
Date as Completed
r�
��r
I/

Step -by -Step Process for Obtaining Approval
for .0200 Waste Management Plans
for Dairy and Beef Producers (cojttinued)
7. System has been completley installed.
8. Platt has been certified by NRCS engineer, private engineer or other approved technical specialist.
9. Sent .t copy of certification and certified plan to the local SWCD.
10. llavc a confirmed written approval of the installed plan from SWCD (optional for SWCD to do) or
at least 30 days has elapsed since submitting certificatim and certified plan to SWCD which means
automatic approval if no response is received in that tinic.
11. At the sante time sent SWCD copies of certification and certified plan also sent DEM a copy of
certification.
12. 1)IM has confirmed receipt of certification from the landowner (optional for DEM to do).
13. A copy of approved plan has been tiled in (lie bank lock box or another appropriate safe place.
14. CONGRATULATIONS!
It is the responsibility of the producer to initiate
and be sure each step is completed.
r
O Check
Each Step
ate as Completed
NOTE: BEFORE OPERATIONS INCREASE ANIMAL NUMBERS LARGER TITAN TITER
ORIGINAL CEirrI ICATION, THEY MUST EXPAND OR ADJUST THEIR WASTE
MANAGEMENT PLAN AND MEET CERTIFICATION.
Prepared hy: .1. I). Brooks, Agricultural Extension Agent
Bunco►nbe, Haywood, Henderson
and Madison Counties
N. C. Cooperative Extension Service
Gary Higgins Western NorthlCarolina
Natural Resource Conservationist Dairy Waste Task Force
Natural Resource Conservation Service
0

a. Dairy Cow
Concentrated Feedlot
� - R`l►R Ra\
Present Projected
No. of No. of DI nce
Bead Head 1198 to Stream
Does This System If Yes,
Meet Requirements What is
at Present The Designed
YIN ? Capacity?
city?
What Needs to BpDone?
OTHER AREAS TO INCLUDE IN THE MAIN SYSTEM PLAN (HEIFER, DRY COW, CALF, ETC.):
11.
C.
e.
'11'411:11 Ilead ill System
ADDITIONAL CATTLE AREAS THAT WILL NOT BE INCLUDED IN THE MAIN SYSTEM PLAN:
Are They
No. of Satisfactory?
Ileal Yes/No Suggestions for Improvement
9
i.
Prepared by: .1. U. Brooks, Alnemllural Extension Ageut Qlry Iligins western North Carolina
Buncombe, llaywood, llenderson & Mudison Comities Natural Vtesource Conservationist Dairy Waste Task force
N. C. Cooperative Extension Service Natural Resource Conservation Service
1

1) tic:
NAME: 'IlN SMART'
A1)DIt1156 RIVERSIDE DRIVE
CLYDLz NC 2872:1
111.11) 1' I Kill) 1)I,Al•IIII 1)
.1T K1.1 1d0 . Tit EATMLUT
110.
1: 1
DIVERSION
_ D_ITCf [
35' CORRUGATED
DRAIN PIPE
CONCRETE FOR DROP
INLET STRUCTURE
36" GRATE
I-XCAVA'1'ION FOR CON
LINED DITCH
REINFORCING WIRE &
VEGETATION
I1 1 HOLDING AREA ROOF
NORTH CAROLTHA
AGRICULTURE COST SHARE' PROGRAM
Pl,All OF OPERAI']-ON
EST. A V F:HAG V C:C) ;'i'
AMOUN'T'S I COSI' a'llAR
(UNT'1'S) $ %
52 CU.YD 100 CU
200L. FT $16.90E
2 CU.YD. $250/C
1. $59
AGREEMENT ZIUM13EII
COUNTY
44-97-19-05
HAYWOOD
ESTIMATED COST SHARK AND
UMP BO 1?
Bull,
'-t`:I:ME SC1II DUL1; BY PROGRAM
1r SOIL NI'pQ.GEN
vilo 1)11[. wl;;
YEAR (TNCI.,UDL OTHER COST
LOSS* LOADING*
L OAI)I HG A
SHARED F UNI)TNG SOURCES)
PIE POST Pilo E'OST
PRE 110;;T
1.9 1.9 19
—
20:4
3900.00
2535.00
75% 375
75% 44.00
-f roe � •,r nn - 1
.25 1$1200/AC.1 75%
225.00 1
ROOP AREA 3]-50SQ.i7T $3.30S.F. 75% 7796.00
POSTS (6X6) 320L.FT. $3.90L.FT 75% 936.00
GUTTERING 153. L.FTI$1.40L.Frl 75% 161.00
*
or att:.ich llausa):d/SLl(JCj IluLrienL .Loss eveluaL,i/on wavksheet pvit)LouL.
'1'ecllllica.l. Representative
Date

flt' I�l•,lllll:
11AM1:
AIJDI1L
III -it, r L 1� Isu
.1111L:14
1!u .
I'M SMART
.1.56 RIVERSIDE DRIVE
CLYDE, NC 28721
11LANNrD
'I'll Is A'1' M EN'T'
.vza,V Vv
II 1 D014N S RoUrS
GIRDER
CONCRETE FOR FOOTIN
EXCAVATION
T11 1 DRY STACKING FACILI
NORTH CAR01J.14A
AGRICULTURE MST :311Altlt; PROGRAM
PItAN OF" OPERATION
EXCAVATION
AGREEMENT NUMBER
2/CU.YD.
COUNTY
1845.00
44-97-19-05
BEDDING
HAYWOOD
12/TON
EST.
AVERAGE
COST
ES'.r:CMATE'D COST
SllAlil, AND
13MP '.
Bmt?
13111'
AMOLINTS
CO3'T'
SHARE
TIME SCHEDULE
BY PROGRAM
SOIL
NI%JZ(?:gEN
P1IOSP1I0It[11;
(U1,11'1'S)
$
%
YEAR (:I:NCFAUDE-3
O'1`11ER COST
LOSS*
LOADING*
LOA DIrI(;1%
75%
6563.00
SHARED FUNDING
SOURCES)
PRE POST
PRS POST
PRI 1'0;-;T
750.00
ROOr
19
19
19
* ,Or at-L;ich 11MlSal:d/SucJCJ 1111triellt .Loss a4lI tion worksheet; printout.
L �2.--zgg
Technical ltepr eselltal:ive -�
84L. Fr.
$1./L. FT.
75%
$ 63.00
507BD.FT
$1.70BDFT
75%
646.00
6 CU.YD.
$100/CUYD
75%
450.00
43 CU.YD
$2/CU.YD.
757.
65.00
EXCAVATION
1230CU.
2/CU.YD.
75%
1845.00
BEDDING
30 TONS
12/TON
75%
270.00
FOOTING CONCRETE
40 CU.YD.
100CU.YD
75%
3000.00
CONCRETE —^
68 CU.YD
100/CUYD
75%
5100.00
-
CONCRI-rE FOR WALL
35 CU.YD.
250/CUYD
75%
6563.00
MNCRETE FOR—
LOADING PAD
10 CUM
100/CUYD
75%
75%
750.00
ROOr
6600SQ.F'rP3.30SQ1.r
16335.00
* ,Or at-L;ich 11MlSal:d/SucJCJ 1111triellt .Loss a4lI tion worksheet; printout.
L �2.--zgg
Technical ltepr eselltal:ive -�

NAME:
AD1)1ZE,-;!
TIM SMART
.156 RIVERSIDE DRIVE
CLYDE, NC 28721
F I, L:LD i
110 .
1'1.-AHNE-D
TREATMENT
ENT
C(""" UED
:LII 1 POSTS
IV i 1
GIRDER
DRAIN
DRAIN COUPLING
REINFORCING STEEL
PUS1[ OFF RAMPS
FEEDLOT ROOF STRU
(9/96)
11C)ItTH C1 R01, 1:1111
AGRICULTURE COST :SHARE VROGRAM
1'1 Aj O1 01'I RA'I'7:[)N
GIRDERS 1888131). F1 h1.70BDFf 75% 2407.00
CONCRETE FOR FOOTINGS 18 CU.YD 100/CUYD 75% 1350.00
. IaxcnvnTloly FOEzo
1.40CU_YD 1�2 CU.YD. 757. 21.0.00
*
Or aLLtiuh Wl>, ;a rd/Suyy nuLvi.ent . usu eva--L--ua�LLlion workshoo printo"t.
Technical Representative
AGREEMENT NUMBER
COUNTY
44-97-19-05
HNNUOD
EWN
AVERAGE
COST
ESTIMATED COST SHARE AND
UMP use
--'
umt,
AMOUNTS
COST
SHARE
TIME SCHEDULE BY PROGRAM
, .SOIL MIMPEN
A
PHOS1�IIC)I WIS
( UNITS)
$
%
YEAR (INCLUDE OTHER COST
LOSS* WOW=
L OAnI NG *
SHARED FUNDING SOURCES)
PRE POST PRj POST
PRE 1'0:.1
19 1.9 19
432
$3.90L.FT
75%
$1264.b0
1387.00
1088BD.F1$1.70SDFT
75%
400L.FT.
$240L.FT
75%
630.00
6
$6.30 EA
75%
28.00
3913.00
7050LBS.
$.74/LBS.
75%
1125.00
;r
1
1500
75%
GIRDERS 1888131). F1 h1.70BDFf 75% 2407.00
CONCRETE FOR FOOTINGS 18 CU.YD 100/CUYD 75% 1350.00
. IaxcnvnTloly FOEzo
1.40CU_YD 1�2 CU.YD. 757. 21.0.00
*
Or aLLtiuh Wl>, ;a rd/Suyy nuLvi.ent . usu eva--L--ua�LLlion workshoo printo"t.
Technical Representative
ROOF
1A015SQ0
3.30SF
75%
2JI1.00
POSTS .. T
960L.FT
13.90L.FF
751
2808.00
GIRDERS 1888131). F1 h1.70BDFf 75% 2407.00
CONCRETE FOR FOOTINGS 18 CU.YD 100/CUYD 75% 1350.00
. IaxcnvnTloly FOEzo
1.40CU_YD 1�2 CU.YD. 757. 21.0.00
*
Or aLLtiuh Wl>, ;a rd/Suyy nuLvi.ent . usu eva--L--ua�LLlion workshoo printo"t.
Technical Representative

1101(TII CAR01,141A
A��It l.0 llL.'i'lJlil CU;:;T SHAkE PROGRAM
H-AII Ula' 01'1;:IW1'I:U11
G)
HAMF: TIM SMART AGREEMENT NUMBER COUNTY
A1)1)11ESS : 1.56 RIVERSIDE DRIVE
_CLYDE, NC 28721 44-97-19-05 kAYW00D _
ilI7I— I I?I'D PLA1,111 "sD 1:511.'. AVERAGE, C05'1' r8'V IMATI',I) cosi SIIARE AND } BMP BMI'. IMP
111'1:11 1110. TREATMENT AMOUNTS COST .SHARE TIME SCHEDULE BY PROGRAM 7,. SOIL NIT�ROGEN PHOSPI10101;;
110.
CONTI UED
IV a.
V 1_1
* Or aLL-zicii Hansard/Sugg nuLrient loss eva'luaLion workslieeL•. prinLouL.
Technical RepresenL.ative
Date
(U11 ITS)
YEAR (INCI..UDE OTHER COST
I LOSS* LOADTNG*
LOAD111(;A
SHARED FUNDING SOURCES) .
PRC POST PRP POST
PRI: POST
19
19 19
GU'ITI3RING
473L) FT
$1.40L. FT
75%
$ 497.00
DOWN SPOUTS
170L.FT
$1/L. L7.
75%
128.00
IRRIGA'T'ION SYSTEM FOR
MILKROOM
ATER '
±' -
PUMP
— -
5500
75%
4125.00
PVC PITC 4"
2400L. FF
fit. 65L. Fr
75%
4770.00
HYDRANTS
7
300 EA
75%
1575.05
IRRIGATION GUN WITH
STEIND AND VALVE'
1
2505
75%
1875.00
CONCRETE THRUST BLOCK
1 CU.YD.
100/CUYD
75%
75.00
PUMP
1.5CU.YD
100/CUYD
75%
1.13.00
* Or aLL-zicii Hansard/Sugg nuLrient loss eva'luaLion workslieeL•. prinLouL.
Technical RepresenL.ative
Date

SOIL &WATER
CnC)N,ERVA
Haywood Soil and Water Conservation District
P.O. Box 425 • Waynesville, North Carolina 28786
[phone] • [phone]
[phone] - FAX
January 3, 1998
Deborah Gaul
Division of Soil and Water
P.O. Box 27687
Raleigh, N.C. 27611-7687
Dear Deborah,
Please find enclosed information for contract # 44-97-19-05 Tim Smart. This farm
plan has had to have a lot of revisions, so we are really behind on getting this
operation on the way to becoming certified. The farm also received a 520,000.00
dollar grant from the Pigeons River Fund .That grant is tied to the NCACSP funds
and will be administered the same way so the grant cannot be used until the entire
plan is approved and that grant may possibly end on May 31, 1998.
€ have included all the information I think you will need to approve this plan but if
you need any thing else please let me know as soon as possible.
Thank you in advance for your earliest attention to getting this plan approved.
Sincerely,
Leslie Smathers
Haywood SWCD
CONSERVATION 9 DEVELOPMENT • SELF-GOVERNMENT

0
March 12, 1998
SOIL &WATER
(: 0N5t?V I N
Haywood Soil and Water Conservation District
P.Q. Box 425 • Waynesville, North Carolina 28786
[phone] • [phone]
[phone] - FAX
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, NC 27626-0535
To Whom It May Concern:
Mr. Tim Smart of facility #44-52 has done several improvements through the cost share program
and on his own that will help him to be certified for .0200.. The District has the technical and
financial help to assist Mr. Smart as soon as he starts construciton on his plan. The plan was
approved in early 1998 and Mr. Smart intends to start work as soon as the weather cooperates.
The plan will have five main parts #1 - diversion of surface water, #2 - irrigation of milk room
water, #3 - construction of the dry stack, #4 - roof over holding lot, #5 - free stall barn
Mr. Smart has cooperated with the District and will install the remaining necessary BMP's as soon
as possible. Therefore, the Haywood SWCD and Mr. Smart request you grant him a special
agreement to finish the work to be certified for .0200.
Thank you,
siie Smothers
Soil Conservationist
I_S/bw
Enclosures
CONSERVATION • DEVELOPMENT • SELFGOVERNMENT

r
/�f:r,,'�f.r.'-ij_.7 �� �''�,a�nJ� t� �� -'�,,� •sul. �1:,[c�,l r��.f. ..'Y'.I."':rCJ
r• r---
1 =/� L?'x';rr: ,(f'� '�r3�]��f��rl�� •rf� �'•I d is :[f 5 ��.r,,F � 1---- ---- —f
. I 1
rJll
d J I
r
4 �
Si
r_fr"1!'J Lt
I /jp{r da.r� SJ`
In
f ~
' � J ✓' � � I � - � it J
c' Ufa
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' � J ✓' � � I � - � it J

State of North Carolina
Department of Natural Resources and Community Development
Asheville Regional Office
James G. Martin, Governor S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
May 18, 1988
Mr. Tim Smart
Route 3, Box 13
Clyde, North Carolina 28721
Subject: Animal Waste Handling System
Proposed Tim Smart Dairy
Haywood County
Dear Mr. Smart:
The Animal waste Management Plan submitted for the proposed
Tim Smart Dairy has been reviewed in this office and the following
comments are offered. The plan calls for handling as much of the.
manure in a dry state as possible with drainage to enter either a
manure pit or settling basin together with milk room and milk parlor
washdown. If the alternative of a settling basin is constructed on
this site instead of a manure pit, it will provide for an overflow to
an area containing vegetative cover for land application. If a manure
pit is constructed, it will not contain -an overflow, but will be pumped
regularly for application on pasture land. In either case, as long as
the system is designed not: to discharge to the surface waters of North
Carolina, this project w:'ll be consistent with concerns of this
office.
I trust that this letter satisfies your concerns. Please contact
me if I may be of further service.
Yours truly,
'74/4 -
Max
Max L. Haner
Environmental Chemist
MLH:ls
xc: Mr. J. D. Brooks /
Mr. Roger Maney
Forrest R. Westall
Interchange Building, 59 \k6odhn Place, PQ $os 37/0, Asheville, NTC. ?8802-0370 * Telephone 70Y-2`3-3341
An Focal Q: oT-tu.mty :i?fim)'.:iv Ac:uSn ETA^lcvx7

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Regional Offices
Asheville
704/251-6208 Mr. Tim Smart
A. Preston Howard, Jr., P -E.
Acting Director
2. Failure to manage t -he accumulation of
liquid man.ure riinof.f from the holding lot
area as result of: hot weather cattle
sprinkling operation_
3. Measured fecal coliform impact (increase) in
Rush Fork adjacent to dairy operation as
caused by either (1) or (2) above.
A National Pollutant Disc -barge Elimination System
(NPDES) Permit is required for discharges of waste to the
surface waters of the Stag. However, if you can
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
Route 3 Box 13
Fayetteville
Clyde, North Carolina 2872.1
919/486-1541
Subject: Designation of
Mooresville
Concentrated
704/663-1699
Animal Feeding Operation
Tim Smart Dairy
Raleigh
Clyde, North Carolina
919/5714700
Maywood County
Washington
Dear Mr. Smart:
919/946-6481
This letter is to notify you that Tim Smart Dairy is
Wilmington
hereby designated a concentrated animal feeding operation
919/395-3900
in accordance with Title 15A, North Carolina
Administrative Code 2H .01.23, and adopted Federal
Winston-Salem
Regulations 40 CFR 122.23. The designation of your dairy
919/896-7007
was based on inspections conducted by members of the
staff of the Asheville Regional. Office. These
inspections showed that yolt ha,] established a
concentrated animal feeding operation requiring such
designation based upon the fnllnwing facts:
1. Presence of a di-scharge pipe from the holding
tank designed to accept washdown from the
milk parlor and milk room prior to pumping
and land of this wastewater.
2. Failure to manage t -he accumulation of
liquid man.ure riinof.f from the holding lot
area as result of: hot weather cattle
sprinkling operation_
3. Measured fecal coliform impact (increase) in
Rush Fork adjacent to dairy operation as
caused by either (1) or (2) above.
A National Pollutant Disc -barge Elimination System
(NPDES) Permit is required for discharges of waste to the
surface waters of the Stag. However, if you can
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]

Page 2
Mr. Smart
permanently eliminate the discharge by implementing
changes within sixty (60) days of
your receipt of this
notice, including, but not limited
to, modifications to
lagoons and the implementation of
a final waste disposal
plan, a permit application will not
be required. If
compliance has been achieved, you
must notify us in writing
within sixty (60) days describing,
in detail, the changes or
modifications you made. Following
such notification an
inspection of your operation will
be performed by the
Division's Regional Staff.
If the discharge pipe to the surface waters of the
State is not permanently eliminated within sixty (60) days
of receipt of this notice, an rIPDES Permit Application must
be submitted within that time.
Permit applications should be submitted in duplicate,
to the Director, Division of Environmental Management, P. 0.
Box 29535, Raleigh, N. C. 27626-0531. Assistance, if
desired, can be obtained by contact Mr. Forrest R. Westall,
Regional Water Quality Supervisor, 59 Woodfin Place,
Asheville, N. C. 28801, telephone number 704/251-6208. The
applications should be accompanied by construction plans for
the discharging animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal_ Register - Concentrated
Animal Feeding Operations, 40 CFR 122.23.
2. Three copies of NPDES Discharge Permit application
Short Form B_
If you need advice or technical assistance with regard
to managing animal waste, you should contact your County
Extension Chairman or North Car-l.i.na State University's
Department of Biological and ] ar i-i.iltural Engineering at
919/737-2675.
If you wish to contest this Designation, you must
request an Administrative Hearing within thirty (30) days of
your receipt of this Notice. Thi_5 request must be in the
form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, Post Office Drawer
11666, Raleigh, North Carolina 7.7604. A copy of the
Petition should be filed with this office.
If you do not request an Administrative Hearing, this
Designation will become final in thirty (30) days.

Page 3
Mr Smart
A copy of this letter is being sent to Agricultural
Agency Representatives for information and to aid them in
providing cooperative assistance. Should you have any
questions regarding this matter,.pl.ease do not hesitate to
contact us.
Sincerely,
f'
A. Pre.ton Howard, Jr., P.E.
Enclosures
xc: J. D. Brooks
Roger Maney
Dan T. McCracken
Roy M. Davis
Max L. Haner

ANAL OPERATIONS INSPOTION FORM
DATE OF INSPECTION:
NAME OF OPERATOR:
MAILING ADDRESS:
INSPECTED BY:
July 1.4, 1992
Silas Smart Heirs
(Register of Deeds or Tax Office)
Tim Smart
Route 3 Box 13
Clyde, North Carolina 2872
Max L. Haner & Donald R. Price
DESCRIPTION OF FACILITY LOCATION: (NCSR, Topo Reference, Etc.)
Existing dairy is located adjacent to NCSR 1355 approximately 0.3 mile
from its intersection with NC HWY 209 - north of Waynesville in the
Rush Fork Section (near Crabtree Section) of Haywood County.
TYPE OF'OPERATION (Examples: farrow to finish, topping, dairy,
swine, cattle, chickens -layers or broilers, turkey production, etc.):
Dai ry Fa
NUMBER & TYPE OF ANIMAL UNIT: 80-90 dairy cattle being milked on site
LENGTH OF TIME ANIMALS HAVE BEEN, ARE, OR WILL BE STABLED, OR CONFINED
AND FED OR MAINTAINED IN ANY 12 MONTH PERIOD: Holding lot used as
regular part of dairy operation.
ARE CROPS, VEGETATION, FORAGE GROWTH, OR POST-HARVEST RESIDUES SUSTAINED
IN THE NORMAL GROWING SEASON OVER ANY PORTION OF THE LOT OR FACILITY:
Holding lot is fenced and concreted and sustains no vegetation.
DESCRIPTION OF OTHER ANIMAL OPERATIONS IN IMMEDIATE VICINITY AND
PROXIMITY TO THE SAME OR OTHER SURFACE WATERS: Rush Fork valley
upstream of Tim Smart Dairy contains several dairy operations that have
previously be addressed by DEM with BMPs implemented at that time.
(1)

PROXIMITY OF FACIL* TO NEIGHBORING HOUSES, W&S, ETC.:
Greater than 500 fee
APPROXIMATE DEPTH OF GROUNDWATER TABLE IN THE AREA OF THE FACILITY
OR DISCHARGE:
PROXIMITY OF FACILITY TO SURFACE WATERS (provide stream name and
water quality classification): Rush Fork Class "C" waters
French Broad River Basin
ARE POLLUTANTS DISCHARGED INTO WATERS OF THE STATE? HOW? (directly or
by man-made ditch, flushing system, or other similar man-made device):
(1) Discharge line from holding tank for collection of milk parlor and
milk room washdown discovered 7/14/92. Tine appears intended to carry
supernatant to surface waters although the end of the discharge line was
not found. Samples in stream show impact_ Condition of material in tank
was relatively dry (not characteristic of washwater from the milk parlor
or milk room) and no pumping equipment was noted on site. (2) Existing
animal waste handing plan provides for manure and other animal waste to
be handled in dry manner, with runoff to be disbursed along berm area
constructed between farm and Rush Fork. Water spray on cattle during
hot weather caused a significant waste accumulation along berm_
Although no direct discharge to Rush Fork was noted, the dairy advised
it was not capable of pumping this material onto adjacent dairy property
which shows a management deficiency and points to lack of pumping
capability for milk room/milk parlor was}idown tank. Mr Smart has been
requested on previous visits to pump accumulated wastewater from this
area onto nearby fields.
DO OR HAVE DISCHARGES OCCURRED IN RESPONSE TO A STORM EVENT OR LESS THAN
A 25 -YEAR, 24-HOUR INTENSITY? (If yes, include a brief listing of
incidents and suspected causes.): (directly or by man-made ditch,
flushing system, or other similar man-made device):
Not Known
(2)

TYPE OF WASTE MANAEIJOENT: (Examples: type o0onfinement-free small
barns, sheltered or limited sheltered dirt lots, paved or dirt open
lots, swine houses, pasture; type of waste handling -direct spreading in
solid form, slotted floor with lagoon or pit, single or multi -cell
lagoon, aerated lagoon, and application of liquid manure, spray
irrigation, contractor disposal, etc.)
Confined areas consist of holding lot and milk parlor. Cattle allowed
to pasture after milking.
CONDITION OF WASTE MANAGEMENT FACILITY JRate as poor -good, no discharge,
sufficient freeboard in lagoon, etc_, (note weather conditions)]:
Management plan evaluated and approved by letter from this office on
May 18, 1988, prior to construction of dairy and following meeting on
site to evaluate potential water quality problems. Holding tank was not
shown on original plans and Mr Smart advised that the overflow line was
in-place after construction which followed the -DEM letter. Presence of
manure in stream and measured impact (upstream to downstream) would
support rating of management plan as POOR and justify need for
modification. The accumulation of liquid manure adjacent to dike
without apparent capability to pump or otherwise remove this material
for land application also points to POOR rating.
DESCRIPTION OF ANIMAL WASTE DISCHARGE: (photos, witness(es) names,
address & phone plus statements of fact).
Observations made during inspection by Max Haner and Don Price (DEM)
were in presence of Tim Smart.
WATER QUALITY ASSESSMENT: (include description of sampling, field
measurements, visual observations and slope and vegetative cover of land
adjacent to waters, extent of rainfall and other factors relative to the
likelihood of frequency of discharge of animal wastes and process
wastewaters) _
Observations showed an accumulation of manure and solid waste in stream
adjacent to dairy. Upstream and downstream -fecal coliform samples
measured 340 per 100 ml and 3200 per 100 ml, respectively. D.O.
measurement at downstream sampling site normal; 8.7 mg/l @ 17 ° C.
(3)

WATER QUALITY ASSE0ENT: (continued from prev &s page)
The discharge end of the pipe from the holding tank (milk parlor/milk
room washwater) was not found. The entrance into the pipe from the
holding tank appeared to be an estimated (minimum) 18 inches below the
top of the tank and controlled by a vertical piece of angle iron pipe
extending above ground surface. The control pipe could not be removed.
RECOMMENDATIONS MADE TO OWNER/OPERATOR: Remove discharge pipe from
holding tank used for regular collection of milk parlor/milk room
washdown. Routinely pump tank for land application along with waste
accumulated adjacent to berm caused by holding lot runoff.
RECOMMENDATIONS FOR FURTHER DEM ACTION: (re -inspect, designate, etc.)
Designate as Concentrated Animal Feeding operation and reinspect as
appropriate.
OTHER COMMENTS: No civil penalty recommended at this time since end
of discharge pipe could not be located. Mr. Smart may need financial
assistance to purchase (and install) pumping capability.
(4)

DIVISION OF NVIR!!O''��77N��MENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI)
COUNTY WC/ PRIORITY SAMPLE TYPE
RIVER BASIN 1 0
❑gMg1ENT
REPORT T .ARO O MRO RRO IIRO WIRO WSRO TS ❑ QA STREAM ❑ EFFLUENT
AT BM OMPLIANCE El CHAIN LAKE ❑ INFLUENT
Other OF CUSTODY
Shipped by: Bus Courier Staff, Other EMERGENCY ❑ ESTUARY
COLLECTOR(S): L % I C- -
Estimated BOD Range: 0-5/5-25/25-65/40.130 or 100 plus
Seed: Yes ❑ No Chlorinated: Yes 13 No ❑
Station # Date Begin (yy/mm/dd) Time Begin DateEnd
Ux,' � v7 14- d 9� v
BOD5 310 mg/1
17— I wh 1 ten nNt V'
Lab Number: 76(,
Dale Received: % -/5 -1 1 Time:
Rec'd by: .— From: Bus-Courler- nd Del
DATA ENTRY BY: SY CK S
DATE REPORTED:
2
--- .. a ---
.
3
4
COD Low 335
Collform: MF Fecal 31616
mg/1
3 �Q O /loom]
5
Coliform: MF Total 31504
/looml
6
Collform: Tube Fecal 31615
/loom)
7
Coliform: Fecal Strep 31673
/loom]
8
Residue: Total 500
mg/1'
9
Volatile 505
mg/I
10
Fixed 510
mg/t
11
Residue: Suspended 530
mg/I
12
Volatile 535
mg/I
13
Fixed 540
mg/1
14
pH 403
units
15
Acidity to pH 4.5 436
mg/1
16
Acidity to pH 8.3 435
mg/1
17
Alkalinity to pH 8.3 415
mg/I
18
Alkalinity to pH 4.5 410
mg/1
19
TOC 680
mgA
20
Turbidity 76
Im
Time End Dept DM B DBM Value Type
t A H L
Chloride 940
mg/I
Chi a: TO 322;7
ug/I
Chi a: Corr 32209
ug/I
Pheophytln a 32213
ug/I
Color: True 80
PIZ
Color:(pH ) 83
ADMI
Color: pH 7.6 82
ADMf
Cyanide 720
mg/I
Fluoride 951
mg/t
Formaldehyde 71880
mg/I
Grease and Oils 556
mg/1
Hardness Total 900
mg/1
Specific Cond. 95
uMhos/cm2
MBAS 38260
mg/1
Phenols 32730
ug/I
Sulfate 945
TURA
Sulfide 745
mg/t
Ca-Calclum 916
mgA
Co -Cobalt 1037
USA
Fe -iron 1045
ugA
NH3 as N 610
m0A
TKN as N 625
mg/1
NO2 plus NO3 as N 630
mgA
P. Total as P 665
mg/t
PO4 as P 70507
mg/i
P: Dissolved as P 666
mg/I
ug/l
Se -Selenium 1147
Cd -Cadmium 1027
ugA
Cr-Chromium:Total 1034
ugA
Cu -Copper 1042
ug/I
NJ -Nickel 1067
ug/I
Pb -Lead 1051
ug/I
Zn -Zinc 1092
ug/1
Precipition On/day)
Cloud Cover S
Ag llver 1077
ug/l
A1 -Aluminum 1105
ug/I
Be -Beryllium 1012
ug/I
Ca-Calclum 916
mgA
Co -Cobalt 1037
USA
Fe -iron 1045
ugA
Composite
T S B
I Sample e
C G�
GNXX
Li-Llthlum 1132
ug/I
Mg -Magnesium 927
mg/1
Mn -Manganese 1055
ug/I
Na-Sodlutn 929
mg/1
Arsenic:Total 1002
ug/l
Se -Selenium 1147
ug/l
Hg -Mercury 71900
ug/I
Organochlorine Pesticides
to
Organophosphorus Pesticides
400 .
I I Acid Herbicides i
IBase/ Neutral Extractable Organics I
I jAcid Extractable Organics��
Purgeable Organics (VOA bottle reg'd) I
Phytoplankton
Sampling Point S
Conductance at 25 C
Water Temperature P
D.Q. -9A
pH
Alkalinity
Acidity
Air Temperature IC)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
to
300 Is
400 .
82244 431
82243 182242
20
Salinity S
Precipition On/day)
Cloud Cover S
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
4ean Stream Depth ft.
Stream Width ft.
480
45
32
36
1351
1350
35
64
4
0

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
For Lab [Ise t1NLY
Lab Number: 765
Date Received: �—/S``Il
Time;
Recd by: Sr
I From: Bus -Courier aDel
COUNTY
PRIORITY
DATE REPORTED:
SAMPLE TYPE
Z�
RIVER BASIN
❑ AMBIENT
❑
STREAM
0
1-1EFFLUENTREPORT
T • AR FkQ MRO RRO WaRO WIRO WSRO T5
Coliform: Fecal Strep 31679
QA
Chlorinated: Yes ❑ No ❑
REMARKS:
AT BM ��
4
❑
❑ LAKE
❑ INFLUENT
Other
i6oMPLIANCE
IE" _
CHAIN
OF CUSTODY
❑
Value Type
Shipped by. Bus Co ler, Staff, Oth
EMERGENCY
Sample pe.
ESTUARY
Fixed 540
pH 403
For Lab [Ise t1NLY
Lab Number: 765
Date Received: �—/S``Il
Time;
Recd by: Sr
I From: Bus -Courier aDel
DATA ENTRY BY:
S CK: S "
DATE REPORTED:
STATION LOCATION:
Z�
Collform: MF Total 31504
COLLECTORS : "�
2-� [ /�^
Chi a: Tri 92217
3
COD Low 335
mg/I
4
Colllorm: MF Fecal 31616 qO
STATION LOCATION:
Z�
Collform: MF Total 31504
/100ml
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus
Coliform: Tube Fecal 31615
%loom]
7
Coliform: Fecal Strep 31679
Seed: Yes ❑ No F-1
Chlorinated: Yes ❑ No ❑
REMARKS:
mg/I
4
Volatile 505
Station ;q
e Begin (yy/mm/dd)
Time Begin
Date End
I I
DM DB DBM
Value Type
12
Composite
Sample pe.
13
14
Fixed 540
pH 403
�/"1 (C�
iDf"Z'�L
7'
Acidity to pH 4.5 436
jTndjDepth
{
A H L
mg/1
T S B
C G GNXX
mg/1
is
Alkalinity to pH 4.5 410
mg/1
19
TOC 680
mg/1
20
Turbidity 76
NTU
1192 ug/I
t BODS 910 mg/II-Lithium
Chloride 940
mg/1
Chi a: Tri 92217
3
COD Low 335
mg/I
4
Colllorm: MF Fecal 31616 qO
/100ml
5
Collform: MF Total 31504
/100ml
6
Coliform: Tube Fecal 31615
%loom]
7
Coliform: Fecal Strep 31679
/100m1
g
Residue: Total 500
mg/I
4
Volatile 505
mg/I
10
Fixed 510
mg/I
I I
Residue: Suspended 590
mg/I
12
Volatile 535
mg/I
13
14
Fixed 540
pH 403
mg/1
units
15
Acidity to pH 4.5 436
mg/1
16
Acidity to pH 8.9 435
mg/1
17
Alkalinity to pH 8.9 415
mg/1
is
Alkalinity to pH 4.5 410
mg/1
19
TOC 680
mg/1
20
Turbidity 76
NTU
Chloride 940
mg/1
Chi a: Tri 92217
ug/I
Chi a: Corr 32209
ug/I
Pheophytin a 32213
ug/1
Color: True 80
Pt -Co
Color:(pH ] 83
ADMI
Color: pH 7.6 82
ADMI
Cyanide 720
mg/1
Fluoride 951
mg/I
Formaldehyde 71880
mg/1
Grease and Oils 556
mg/I
Hardness Total 900
mg/1
Specific Cond. 95
uMhos/cm2
MEAS 38260
mg/1
Phenol@ 32730
ug/1
Sulfate 945
Into
Sulfide 745
mg/I
Ca -Calcium 916
mss
Cc -Cobalt 1037
ue/I
Fe -Iron 1045
ugA
NH3NHS as N 610
mg/1
TKN as N 625
mg/1
NO2 plus NO3 4s N 690
mg/I
P: Total as P 665
mg/1
PO4 as P 70507
mgA
P. Dissolved as P 666
mg/1
Organochlorine Pesticides
PH 8.3 pH 4.5
Cd -Cadmium 1027
ugA
CrChromlum:Total1034
uyl
Cu -Copper 1042
ug/1
NI -Nickel 1067
ug/1
Pb -Lead 1051
ug/I
ZrvZlnc 1092
ug/1
Precipition (Iniday)
Cloud Cover %
Ag ilver 1077
ug/I
AI -Aluminum 1105
ug/l
8e -Beryllium 1012
ug/I
Ca -Calcium 916
mss
Cc -Cobalt 1037
ue/I
Fe -Iron 1045
ugA
Mg-Magne@ium 927
mg/I
Mn -Manganese 1055
ug/l
No -Sodium 929
mg/I
Arsenic:Total 1002
ug/1
Se-Selenlum 1147
ug/1
Hg -Mercury 71900
ug/I
Organochlorine Pesticides
PH 8.3 pH 4.5
Organophosphorus Pesticides
I I Acid Herbicides I
IBase/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
I l Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature
O.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
PH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 is
400 10
82244 1 431
82243 182242
20
Salinity %
Precipition (Iniday)
Cloud Cover %
Wind Direction 0)eg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Mean Stream Depth ft.
Stream Width ft.
480
45
32
36
1351
1350
35
64
4

UNITED STATES
TENNESSEE VALLEY AUTHORITY
MAPPING SERVICES BRANCH
NOT SPRINGS 79 MI. . 4455 In NW
623 COVE 3.6 M . {FINES C EK 18.2 -NW) 1325 1326 55' 32�
11 Lc
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Water Quality' Stctivn
Sfard� e .
P/arJ gHrnt frer Jfd//.s g'X,�l JUL 2 0 ti�92
hsheville Regional Off*
Car.fs rlrosrnJ 4 ff<�j-�CafDd Cr;i.o*illN hCarolifm
(/ /" C• s h� e r' ids n� >� � .e .` y„ �
,r

?PARTMENT OF AGRI URE - NC -ENG -24
SOIL CONSERVATION SERVI� � REV. 8/91
`REQUEST FOR TECHNICAL ASSISTANCE
Landuser's Nage__ J (Y\0.; 1 _. District Cooperator:Yes�� No
Field Office: 9�i.� 11AAA Location Code: 3 `l
Practice For Which Assistance is Requested: j
Name: e S3 Vr Code I
Fund Allocation: CO -01 ACP LTA LTC RC&D Other_,
Type Assistance Requested: (Survey, Design, Approval, Etc)
Estimated Job Class: 11 III IV V Other
Highest Approval Level For This Practice By Requesting Office: I & E.-
Design. -
:Design: ` _ Construction: _
Date(s) Assistance is Needed:
Reason(s) For Requesting
Requesting Assistance: i k „�`� I` S� L �. �•
r
Narrative of Site Conditions or Special Circumstances: 1f
%-T%7�N V C \' _11: •v N f a.
Requested By:
Approved By:,
Conservationist
M L (Assigned by Area Conservationist)
Q
Date: - 3 " ? (4=7"

0 SITE SPS Fi IC5
(Ponds. Lagoons. Storage Ponds. Sediment Basins. cte.)
Is Design Survey Complete: Yes No V/
Estimated Overall Height / Estimated Effective Height
Dam Safety: YesNo V Inventory Size Dasa: Yes No v
Special Design Consideration(s): (Flood Routing. Special Drains. Unstable Soils, etc.)
AnlMal Wgst
Type S
YF of System ( La
goon. Waste storage Pond.etc.) w �- � r -,
Type and Number of Animals,
Waste Management Plan Developed: Yes No V!
Special Considerations:
Type of System:
•r■srsassrsaassasssrsssrssasss•rsssssasssssassssssassssasrsssrrsssrasaaasss
TO BE COMPLETED BY AREA OFFICE PERSONNEL
Date(s) Assistance Provided by No. of hours -
by No. of hours
by
Comments:
No. of hoar

UNITED STATES • Natural Resources P.O. Bd. 109
DEPARTMENT OF Conservation Waynesville, N. C. 28786
AGRICULTURE Service Ph. 704456-6341 PAX 704-452-7031
suhjet: ENG Request for Engineering Assistance Date: June 11, 1996
Waynesville Field Office
To: Jeffrey L. Young, Environmental Engineer nae code: 210-11
NC Division of Soil and Water Conservation
Regional Office, Asheville, NC
Attached please find a request for engineering assistance (NC -ENG -24) approved by the
Area 1 ASTC-FO. Please make arrangements with the District Conservationist in the subject
field office to provide the necessary assistance as soon as possible. This is the operation I
discussed with you by phone earlier last week. I understand that a date has already been
scheduled to perform the planning and design survey.
The request attached is for :
LANDOWNER TYPE OF ASSISTANCE COUNTY
Tim Smart Dairy Waste Management Haywood
As assistance is provided please make appropriate notes on the back of the NG -ENG -24 form
to document the assistance provided. When the job is completed, note the completion on the
form and either file it with your records of requests or send it back to the Area 1 ASTC-FO.
During the course of your assistance take steps as necessary to clearly communicate to the field
office staff exactly who is responsible for the next step. Let's be sure that everyone. involved
is aware of "who is carrying the ball" at any given time.
As soon as you reach a point in the .initial planning and design stages where you can project a
reasonable delivery date for a draft plan, please communicate this time frame in writing to the
District Conservationist.
Please coordinate with others who may already be providing assistance with this job. If you
find that you cannot schedule to provide the needed assistance within a reasonable time frame
please let me know immediately.
Howard C. Tew
Civil Engineer
cc: Gary Cox, w/attach.
Kenneth Futreal, wo/attach_
Ronald Morris, wo/attach.

UNITED STATES *Natural Resources
DEPARTMENT OF Conservation
AGRICULTURE Service
subject: ENG Request for Engineering Assistance
Waynesville Field Office
To: Jeffrey L. Young, Environmental Engineer
NC Division of Soil and Water Conservation
Regional Office, Asheville, NC
P.O. Box Li09
Waynesvilld, N. C. 28786
Ph. 70"56-6331 FAX [phone]I
Date: June 11, 1996
File Code: 210-11
Attached please find a request for engineering assistance (NC -ENG -24) approved by the
Area 1 ASTC-FO. Please make arrangements with the District Conservationist in the subject
field office to provide the necessary assistance as soon as possible. This is the operation I
discussed with you by phone earlier last week. I understand that a date has already been
scheduled to perform the planning and design survey.
The request attached is for :
LANDOWNER TYPE OF ASSISTANCE COUNTY
Tim Smart Dairy Waste Management Haywood
As assistance is provided please make appropriate notes on the back of the NC -ENG -24 form
to document the assistance provided. When the job is completed, note the completion on the
form and either file it with your records of requests or send it back to the Area 1 ASTC-FO.
During the course of your assistance take steps as necessary to clearly communicate to the field
office staff exactly who is responsible for the next step. Let's be sure that everyone involved
is aware of "who is carrying the ball" at any given time.
As soon as you reach a point in the initial planning and design stages where you can project a
reasonable delivery date for a draft plan, please communicate this time frame in writing to the
District Conservationist.
Please coordinate with others who may already be providing assistance with this job. if you
find that you cannot schedule to provide the needed assistance within a reasonable time frame
please let me know immediately.
Howard C. Tew
Civil Engineer
cc: Gary Cox, w/attach.
Kenneth Futreal, wolattach.
Ronald Morris, wo/attach.

-PAR TMENT OF AGRITURF NC -ENG -14
SOIL CONSERVATION SER VI • REV. 8191
REQUEST FQR TECHNICAL &.$S15TANCE
Landuser's Name: I _e5�� District Cooperator:Yes / _ No
Field Office: �� �\� �`�1' 1� •� _•_ Location Code:
Practice For. Which Assistance is Requested: 1
Name: �\ ►�� 0. N'\ A �,1 � ("D rra:J`;�'�r�^ Code
Fund Allocation: CO -01 ACP LTA LTC RC&D Other-
-\/-Type Assistance Requested: (Survey, Design, Approval, Etc) AA I I
Estimated Job Class: I �il�� III FV V Other
Highest Approval Level For This Practice
�By; Requesting Office: I & E:
Design- �f Construction: 11 4
Date(s) Assistance is Needed: •� ,.. __
Reason(s) For Requesting Assistance:
Narrative of Site Conditions or Special Circumstances:
Requested By: ' QJ 3
Approved By:
ate• � �
ate: �e�3
Conservationist
iorky4­4f-7 M L (Assigned by Area Conservationist)
0

F
SITESPL.C1F1CS
EMbanlcments: (Ponds. Lagoons. Storage Ponds, Sediment Basins. etc.)
Is Design Survey Complete: Yes No Vns
Estimated Overall Height Estimated Effective Height 1 /
Dam Safety: Yes No V/ Inventory Size Dam: Yes No v
Special Design Consideration(s): (Flood Routing. Special Drains. Unstable Soils. etc.)
Animal Waste:
Type of System (Lagoon. Waste Storage Poad.erc.)
Type and Number of Animals
Waste Management Plan Developed: Yes No V
Special Considerations:
Type of System: '
♦aaaala!!•itaaaararalrrraaaalitalaala•fa!!to•f!a!laaaa!!!!larai!!!r•!!!!!aa
TO BE COMPLETED BY AREA OFFICE PERSONNEL
Date(s) Assistance Provided by . No. of hours
by No. of hours
by
Comments:
No. of hours