450002_ENFORCEMENTS_20171231

i 0
- Water Resources
ENVIRONMENTAL GUAUTY
PAT MCCRORY
f",enurr
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
July 8, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tap Root Dairy LLC
Taproot Dairy
752 Butler Bridge Rd
Fletcher, NC28732-8732
Subject: Notice of Deficiency
Taproot Dairy
Permit Number NCA345002
Henderson County
Dear Permittee,
Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The fnllowinsr invoices are nnLctandins=:
Invoice Number
Fee for Years
Due Date
Outstanding Fee ($)
2015PR004902
2012
6/7/2015
360
2015PR004918
2013
6/7/2015
360
2015PR004937
1 2014
1 6/8/2015
1 360
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
;s Raleigh, NC 27699-1627
Phone: [phone]
State of North Carolina I Em ronmcmal fhiality I Water Resourem'Water Quality Regicc
I 1636 Mail semiae Ceruer I Ralck* Nerds Carolina 27699-1636
l 919 907 6464
RECEIVED
Division of Water Fiftources
,conld -
JUL 12 2M$
Olratity Remonal Operations
stiuviiSe Raq;c:lal office

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•
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
0'�' J, `'�
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Asheville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No NCA345002)
WS S i JUL

•
Water Resources
ENVIRONMENTAL QUALITY
April 7, 2016
CERTIFIED MAIL 7015 1520 0000 7838 0117
RETURN RECEIPT REO UES TED
Taproot Dairy, LLC
Taproot Dairy
752 Butler Bridge Road
Fletcher, NC 28732
• PAT MCCRORY
Goventor
DONALD R. VAN DER VAART
Setretan'
S. JAY ZIMMERMAN
Director
DMi �on cit 1r, � �r ire s �rce3 1
APR 1 1 2016
Wl"r Mte.1! v RegJonai OpereflOns
Subject: NOTICE OF DEFICIENCY (N00.2016 -PC -004$)
FAILURE TO SUBMIT ANNUAL CERTIFICATION REPORT
Permit No. NCA345002
Taproot Dairy
Henderson County
Dear Taproot Dairy, LLC:
This Notice of Deficiency is being sent to you for failure to submit the 2015 Annual Certification
Report. One of the requirements of your Animal Waste Management NPDES General Permit is
the submittal of an Annual Certification Report to the Division of Water Resources by March 1 St
of each year. As of this date, our records indicate that the 2015 annual certification report has not
been submitted for the subject facility.
Failure to act in accordance with the terms, conditions, or requirements of your perrnit may result
in a recommendation of enforcement action, in accordance with North Carolina General Statute
§ 143-215.6A.
Please respond to this Notice of Deficiency within 15 calendar days of the receipt of this letter by
submitting the Annual Certification Report for the year 2015 from your facility to the following
address:
Miressa D. Garoma
Division of Water Quality
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
Nothing in this letter should be taken as relieving from you the responsibility for failing to
submit the annual certification report in a timely manner. A decision as to the appropriateness of
an enforcement action will be made following the receipt of your response.
State of North Carolina i F.nvifownental Quality I Water Resouxes. Water Quality Regional operations
1634 Mail service (enter I Raleigh, North Carolina 27699-1636
919 907 6464

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If you have any questions regarding this letter, please do not hesitate to contact either our
Asheville Regional Office at [phone] or Miressa D. Garoma at [phone].
cc -14
cc: Asheville Regional Office WQROS
WQROS Central File (Permit No. NCA345002)
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch

X
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
}
UNITED STATES OF AMERICA } Docket No. 1:13-er-76-DLH
V. )
(1) TAP ROOT DAIRY, LLC ) EXHIBIT
NOW COMES the United States of America, by and through Anne M. Tompkins, United
States Attorney for the Western District of North Carolina, and submits the attached Exhibit,
which is an environmental compliance plan created jointly by the parties in this case, pursuant to
the terms of the plea agreement.
Respectfully submitted this 23`d day of April 2015.
JILL WESTMORELAND ROSE
ACTING UNITED STATES ATTORNEY
Is/ Steven R. Kaufman
STEVEN R. KAUFMAN
ASSISTANT UNITED STATES ATTORNEY
227 W. Trade St., Ste 1700, Charlotte, NC 28202
[phone] (phone); [phone] (fax)
Steven. [e-mail]
CERTIFICATE OF SERVICE
I hereby certify that on this 23`d day of April 2015, the foregoing was duly served upon
the Defendant herein through Defendant's attorney of record via electronic filing: Peter
Anderson, Esq.
/s/ Steven R. Kaufman
STEVEN R. KAUFMAN
ASSISTANT UNITED STATES ATTORNEY
Case 1:13-mj-00061-DLH Document 36 Filed 04/23/15 Page 1 of 1

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Tap Root DairyEnvironmental Compliance Plan -- April 14, 2015
I. Tap Root Dairy, LLC ("Tap Root") has created this Environmental Compliance Plan (ECP)
as part of its plea agreement with the United States in the criminal case with Docket Number
1:13-mj-61. Tap Root understands that it is responsible for all costs associated with
implementation of and compliance with this ECP. The ECP shall include, among other
things, provisions addressing compliance with the applicable federal, state, and
environmental laws and regulations governing the handling of pollutants and hazardous
wastes and/or substances including discharges to waters of the United States, and addressing
the training of employees regarding environmental and safety matters. The ECP shall be
subject to approval by the Court and the United States.
2. Tap Root will designate an owner or other responsible corporate officer to be responsible for
environmental matters and for implementing and overseeing the ECP.
3. Tap Root will train each employee —within fifteen (15) days of new employment and, for all
employees, on an annual basis starting some date in 2015 -- on environmental compliance
and will maintain records of such training, to include the names of the employees, signatures,
the type of training provided to each employee, and the dates of training.
4. Tap Root will establish employee compliance with environmental policies and laws as a
positive factor in all appropriate personnel evaluations and failure to comply with such
policies and laws as a negative factor.
5. Tap Root will, within ninety (90) days of sentencing, construct silage leachate containment
and disposal system.
6. "Tap Root will, within ninety (90) days of sentencing, bush -hog and remove woody
vegetation from waste pond dams, and fill in and smooth out any holes and/or areas where
erosion has occurred on the waste pond dams.
7. Tap Root will monitor pending regulatory requirements relating to fencing of agricultural
areas ("WOTUS" regulations), and if such regulations are adopted, Tap Root will expedite
the design and installation of cattle exclusion fencing along any areas where required; that is,
within ninety (90) days of the regulations being enacted.
8. Tap Root will, within ninety (90) days of sentencing, install a battery operated or 12 -volt
electrical waste pond measurement instrument with a warning light on a pole that indicates
when freeboard is below 10% available space or capacity.
9. Tap Root will measure sludge levels in waste ponds #1 and 92. If sludge levels exceed 95%
of design specifications, Tap Root will remove and land apply sludge at agronomic rates
upon such exceedance, but no sooner than one (1) year from the date of sentencing.
Case 1:13-mj-00061-DLH Document 36-1 Filed 04/23/15 Page 1 of 2

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10. Tap Root will submit a report, within one hundred twenty (120) days of sentencing,
certifying that all spray equipment meets the water use permit and other permit conditions.
This includes nozzle calibration, if needed, and ensuring that piping, including any
subsurface piping, is free of blockage.
11. Tap Root will comply with other applicable regulations, laws, and procedures, including but
not limited to the Nutrient Management Plan for Animal Waste Utilization dated 1/31/2014
and prepared by Joe Hudyncia, NCDA&CS DSWC: and the Emergency Action Plan dated
12/18/1996. Tap Root will engage the services of a qualified environmental lawyer that will
review the practices at least once annually during the term of probation (but no later than
April 1, 2016), and prepare a written summary report of that review, which will be submitted
to the Court, the U.S. Environmental Protection Agency Criminal Investigation Division, and
the U.S. Attorney's Office for the Western District of North Carolina. In addition, a company
owner will certify that it has complied with the term of the ECP (or note the instances where
non-compliance was found and what corrective measures were taken).
Case 1:13-mj-00061-DLH Document 36-1 Filed 04123/15 Page 2 of 2

JOHN S. STEVENS
MARC RUDOW'
WILLIAM CLARKE
VINCENT D. CHILD ESS, JR,
MARJORIE ROWE MANN
GREGORY D. HUTCHINS
JACKSON D,HAMILTON
WYATT S. STEVENS
MARK C. KURDYS'
JACQUELINE D. GRANT
PATSY BRISON'
DAVID L. ENGLISH
F. LACHiCOTTE I"LACH"1 ZEMP. JR.
KENNETH R. HUNT
DENNIS L, MARTIN, JR.
REBECCA J. REINHARDT
ANN-PATTON HORNTHAL
OORC CERTIFIED MELIATOR
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ROBERTS
STEVENS
ATTORNEYS AT LAW
BUILT BUILDING
ONE WEST PACK SOUARE. STE. 1100 29001
POST OFFICE BOX 7647
ASHEVILLE. NORTH CAROLINA 28aO2
TELEPHONE [phone]-BODO
FACSIMILE 18245t 250-5955
www.robarts-atevens.com
Writer's Direct Phone: [phone]
Writer's Direct Fax: [phone]
!Writer's E-mail: bclarke(aroberrs-stevens.com
September 28, 2015
Via E-mail: landon.davidson ?icdenr.,eov
G. Landon Davidson
Division of Water Resources
NC Department of Environmental Quality
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778
Via E-mail: ed.williamsQncdenr.gov
AHILLIP T. JACKSON
STEPHEN L. CASH
JAMES W. K. WILDE
MARY A. ROBINSON
JOHN D. MOOR
V. MORGAN BRYANT
JILLIAN W. BALLARD
ERiC P. EDGERTON
JOHN W, TOTH
OF COUNSEL
JOHN W. MASON
JAMES W. WILLIAMS
SHERYL H. WILLIA MS
LANDON ROBERTS
( IW 21.20011
Ed Williams
Division of Water Resources
NC Department of Environmental Quality
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778
Re: Tap Root Dairy/September 16, 2015 Inspection
Dear Landon and Ed:
Tap Root Dairy is in receipt of a document titled, "Findings of compliance inspection:
Tap Root Dairy, LLC Environmental Compliance Plan." Pete Anderson, criminal counsel for
Tap Root, received the document from Steve Kaufman, the Assistant U.S. Attorney handling this
matter. Due to the content of the document and the suggestion by Mr. Kaufman that Tap Root
has failed to comply with its Environmental Compliance Plan, and based upon my involvement
in assisting Tap Root in taking corrective measures, 1 am responding on Tap Root's behalf.
With regard to the content of the Findings, Tap Root wishes to provide the following
important clarifications:
• Tap Root Dairy will provide copies of the training documentation. Billy Johnston was
not able to provide copies of the documentation at the time of the inspection (the copier
was broken), and he did not want to release the originals,
• Tap Root did construct a silage leachate containment and disposal system. The system
was inspected by Jeff Young, an engineer with the Division of Soil and Water
Conservation within the North Carolina Department of Agriculture. Mr. Young's
assessment of the system is attached.
R&S 14967091

•
• There is no erosion on the waste pond dams.
Tap Root moved all cattle from areas impacted by the change in "Waters of the US" rule
in January, 2015.
Tap Root understands that the Division of Water Resources will be issuing a formal
inspection report to Tap Root. However, Tap Root wanted to send this response prior to
receiving the inspection report to assure the Division of Water Resources that Tap Root is
complying with its Environmental Compliance Plan and intends to continue doing so. There was
also a suggestion in Mr. Kaufman's e-mail that Billy Johnston was reluctant to allow the
inspection. That is not the case. Tap Root has cooperated and will continue to cooperate fully
with the North Carolina Department of Environmental Quality.
While we do not anticipate any future issues or problems, to the extent that you have
concerns during any inspection of Tap Root, we would request that you bring them to the
attention of Tap Root before sending incomplete or inaccurate information directly to the federal
prosecutor.
Please let me know if you have questions.
BC/sh
Enclosure
cc: Billy Johnston (w/ enclosure; via e-mail
Pete Anderson (wl enclosure; via e-mail
R&S 1496709_1
Sincerely,
ROBERTS &STEVEN P.A.
William Clarke
Typed & signed in Mr. Clarke's absence
[e-mail])
[e-mail])

Steve Troxier
Commissioner
September 24, 2015
_ L
Y
.r
NA AI.NI «�
North Carolina Department of Agriculture
and Consumer Services
Division of Soil and Water Conservation
Bradley Johnston
Taproot Dairy, LLC
125 Tap Root Dairy Farm Road
Fletcher, NC 28732
Dear Bradley:
Patricia K. Harris
Director
Today I inspected the installation of a silage leachate collection system installed on your dairy operation. The
system includes a concrete curb and apron, pre -cast concrete catch basin, cast iron grate, sewage lift pump,
and PVC pipeline. All components appear properly installed and functional.
While I did not design your system, the installation is very similar to those I approved for other dairy operations
in western North Carolina. Like those dairies, it is not feasible to collect all runoff from the trench silos at Tap
Root. The annual volume of runoff from these two silos exceeds 1.6 million gallons. Your silage leachate
collection system captures and transports the most concentrated liquid originating in the silo during the first few
weeks after filling. When the seepage stops, the system can be deactivated and runoff diverted.
The Tap Root Dairy leachate collection system did not receive funding through any agricultural cost share
programs, so my design approval was not necessary. However your system meets the same requirements
and standards and I approve of the installation. If you have waste management questions or need technical
assistance, don't hesitate to contact me.
Sincerely,
* 7
Jeffrey L. Young, P.E.
Division of Soil and Water Conservation
Western Headquarters
1301 Fanning Bridge Road
Fletcher, NC 28732
An Equal opportunity Employer
Phone: [phone]
Email: [e-mail]
www_ncagr.gov/sw

F. B. Jackson and Associates Law Firm, PLLC
422 North Church Street, Hendersonvilie, NC 28792
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Frank B.Jackson
James L. Palmer
Adrienne L Roberson
Angela S. Becker
Lindsey B. McGaha
March 17, 2014
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Re: Tap Root Dairy, Inc., Fletcher North Carolina
Dcar Sirs:
In Memoriam
Jonathan W. Jackson(1912-1997)
Robert L. Whitmire, Jr. (1926-1993)
Vire represent Tap Root Dairy, Inc. Pursuant to N.C. G. S. § 132, please provide copies
of all correspondence and communications regarding Tap Root Dairy, Inc. including but
not limited to emails, memoranda of conversation, letters, voice recorded messages for
the period January 1, 2012 through March 14, 2014.
Sincerely,
Frank B. Jackson
FBJ/pg
Cc: Bradley Johnston
� ' - u
MAR 19 20U
weter Quality Operalt
A.,hevNe Regional Qifioe
Mailing address F.O. Box 1666
Hendersonville, NC 28793

0
STATE OF NORTH CAROLIN
COUNTY OF HENDERSON
TAP ROOT DAIRY, LLC
PETITIONER,
V.
EIVED
APR 12 2C- j
NC DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES,
DIVISION OF WATER QUALITY
RESPONDENT.
OFFICE OF ADMINISTRATIVE
HEARINGS
13-EHR-
PETITION FOR CONTESTED CASE
NOW COMES Tap Root Dairy, LLC ("Tap Root"), by and through counsel, and files this
Petition for Contested Case in the North Carolina Office of Administrative Hearings ("OAH").
In support of this Petition, Tap Root would show unto OAH as follows:
1. Tap Root is a limited liability company organized under the laws of the State of North
Carolina.
2. Tap Root operates a dairy farm in Henderson County, North Carolina.
3. Tap Root holds a certificate of coverage, AWC45002 under General Permit AWG200000
for the management and handling of animal waste from the dairy farm operation.
4. Pursuant to the terms and conditions of its Certificate of Coverage, Tap Root checked
freeboard levels in its waste holding pond up until the fall of 2012. Due to an oversight,
Tap Root failed to check freeboard levels on a regular basis from September 3, 2012 to
December, 2012.
5. On or about the 4th day of December, 2012, Tap Root was notified by representatives
from the North Carolina Division of Water Quality of a release from waste pond 4 2. The
release was occurring at a dip in the berm surrounding the pond.
R&S 3047635-1

b. Tap Root stopped the release from the pond less than an hour after being notified by
DWQ. Tap Root commenced pumping waste from the pond on December 4t' and
continued pumping until 5 A.M. on December 5'h when water levels in the pond were
pumped below freeboard limits.
7. Since the release, Tap Root has developed and submitted to DWQ a Plan of Action to
ensure regular checks of freeboard levels in the waste ponds.
8. The discharge from waste pond # 2 was not intentional and was the first discharge from
that pond since the current waste handling system was constructed in 1988.
9. Once it was made aware of the release, Tap Root took immediate steps to stop the release
and pump the waste level down to within freeboard limits.
10. On information and belief, Tap Root alleges that the North Carolina Division of Water
Quality acted erroneously, arbitrarily and capriciously and in excess of its authority in
assessing a civil penalty of $13,000 for alleged violations of North Carolina law and
regulation and investigative costs of $507.82
WHEREFORE, Tap Root respectfully requests that:
1. The Assessment of Civil Penalties be dismissed, or in the alternative that the Office of
Administrative Hearings hold a Contested Case hearing in this matter.
2. That the proceedings in this matter be stayed pending the outcome of a pending criminal
investigation arising out of the same set of facts.
R&S 1047635-1

Respectfully submitted this 10"' day of April, 2013.
ROBERTS & STEVENS, P.A.
WILLIAM CLARKE
Attorney for Petitioner, Tap Root Dairy, LLC
P.O. Box 7647
Asheville, NC 28802
[phone]
NC State Bar No. 10278
R&5 1647635-I

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing Petition for Contested
Case was served upon the Respondents and/or persons indicated below in this contested case by
placing a copy thereof in the United States Mail, postage prepaid, addressed as follows:
Ms. Lacy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
THIS the 10" day of April, 2013,
R&5 1047635-1
Kim Hausen, Chief Hearings Clerk
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
ve--::k
William Clarke
Attorney for Petitioner

JOHN S. STEVENS
JOHN W. MASON
MARC RUDCW`
WILLIAM CLARKS
VINCENT D. CHILDRESS. JR.
MARJORIEROWE MANN-
GREGORY
D. HUTOHINS
JACKSON O. HAMILTON
WYATT S. STEVENS
MARK C. KUROYS•
JACOUELINE D. GRANT
PATST 9RISON•
DAVID L. ENGLISH
T. LACHICOTTE I-LACH-! ZEMP, JR
KENNETH R. HUNT
-DRC CERTIFICp MEDIATOR
C�
ROBERTS
STEVENS
ATTommers AT LAW
8U&T BUILDING
ONE WEST PACK SOUARE. STE. HOO 26801
POST OFFICE BOX 7647
ASHEVILLE. NORTH CAROLINA 28802
TELEPHONE [phone],Z-93800
FACSIMILE 18281 256-DR55
WW W.rober.9-eUwwi3.00m
Writer's Direct Phone: [phone]
Writer's Direct Fax: [phone]
Writer's E-mail: shayden@roberts-stevens,com
April 10, 2013
•
DENNIS L. MARTIN. JR.
REBECCA J. REINHAROT
ANN-PATTON HORNTHAL
STEPHEN L. CASH
MARY A.ROBINSON
RODIN A. BELLBACHI
PHILLIP T. JACKSON
JAMES W. K. WILDE
OF COUNSEL
JAMES W. WILLIAMS
SHERYL H. WILLIAMS
LANOON ROBERTS
11921-ZOO71
Kim Hansen, Chief Hearings Clerk Via Facsimile: 919/431-3100
Office of Administrative Hearings & USPS
6714 Mail Service Center
Raleigh, NC 27699-6714
Re: Tap Root Dairy, LLC v. NCDENR, Division of Water Quality
13 EHR
Dear Ms. Hausen:
Enclosed please find an original and two copies of Petition for Contested Case for the
above referenced matter. Also enclosed is our firm check in the amount of $125 to cover the
filing fee. Please file stamp all documents and return one of the copies to me in the enclosed self
addressed stamped envelope.
Please do not hesitate to contact me at the number above if you have any questions or
concerns. Thank you for your assistance with this matter.
/sh
Enclosure
R&S 105 8311 -1
Sincerely,
ROBERTS & STEVENS, P.A.
�Gr
0. 4�1d� C. Hayden
Legal Assistant to William Clarke

SAMA_
WCrDMA
North Carolina Department of Environment and Natural
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
March 5, 2013
CERTIFIED MAIL - #7012 1640 0000 9792 251 b
RETURN RECEIPT RE UESTED
Mr, Billy Johnston
Taproot Dairy, LLC
752 Butler Bridge Rd.
Fletcher, NC 28732
Dear Mr. Johnston:
RECEIVED
[AAA 07 2013
Regional Office
Secretary
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 45-0002
Henderson County
Enforcement File No. OV -2013-0001
This letter transmits notice of a civil penalty assessed against Taproot Dairy, LLC in the amount of
$13,000, and $507.82 in investigative costs, for a total of $13,507.82. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1635 Mail Service Center
Raleigh, North Carolina 27699-1635
OR
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Croom 27699-1636
Location: 512 N. 5atisbury St. Raleigh, North Carolina 27604
Phone: 9IM07-64641 FAX: 919807$4801FAK 9IM07-6496
Internet www.ncwaterguafdy_org North Carolin a
An Equal Oppixturaty kA Immnaliw Action Ernpby4er Naturally

Assessment of civil penalty
Taproot Dairy, LLC
Enforcement # OV -2013-0001
Page 2 of 3-; 4 .
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed_ Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute_ Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Quality at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(6) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of their decision in the matter of your remission request. The response will provide
details regarding the case status, directions for payment, and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30)

no
Assessment of civil penalty
Taproot Dairy, LLC
Enforcement # OV -2013-0001
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a -m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with
restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by
NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission_ You should contact the Office of Administrative Hearings
with all questions regarding the filing fee and/or the details of the filing process. The mailing address and
telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Lacy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Miressa D. Gamma at (919) 907-
6340.
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operations Unit
Division of Water Quality
ATTACHMENTS
cc:`f. ndon_ Davidson,.Asheti,ille.APS.Regional,Supervisor w/ attacluxients
-File # OV -2013-0001 w/ attachments
APS Central Files NO attachments
Henderson County Health Department

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF HENDERSON
FILE NO. OV -2013-0001
IN THE MATTER OF
)
TAPROOT DAIRY, LLC
)
}
FINDINGS AND DECISION
FOR VIOLATIONS OF G.S. 143-215.1
} AND ASSESSMENT OF
AND CATTLE WASTE MANAGEMENT
} CIVIL PENALTIES
SYSTEM GENERAL PERMIT
)
AWG2000000
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Keith
Larick, Supervisor of the Animal Feeding Operations Unit of the Division .of Water Quality
(DWQ), make the following:
1. FINDINGS OF FACT:
A. Taproot Dairy, LLC owns and operates the Taproot Dairy Farm, a dairy operation
located along Butler Bridge Road in Henderson County.
B. Taproot Dairy, LLC was issued Certificate of Coverage AWC450002 under
General Permit AWG200000 for Taproot Dairy Farm on May 6, 2011, effective
upon issuance, with an expiration date of September 30, 2014.
C. G -S. 143-215.1(a) states that "No person shall do the following things or carry out
any of the following activities unless that person has received a permit from the
Commission and has complied with all conditions set forth in the permit: make
any outlets into the waters of the State."
D. Condition No. I. 1. of General Permit AWG200000 states in part that "Any
discharge of waste which reaches surface waters or wetlands is prohibited except
as otherwise provided in this General Permit and associated statutory and
regulatory provisions. Waste shall not reach surface waters or wetlands by runoff,
drift manmade conveyance, direct application, and direct discharge or through
ditches not otherwise classified as State waters."
E. Condition 11.16 of General Permit AWG200000 states, "The Permittee shall
designate a certified animal waste system operator with a valid certification to be
in charge of the animal waste management system. The waste management

system shall be operated by the Operator in Charge (OIC) or a person under the
OIC's supervision.
F. Condition IIL2.a of General Permit AWG200000 states in part, "The waste level
in each storage structure with a.waste level gauge shall be monitored and recorded
weekly on forms supplied by or approved by the Division."
G. Condition V.2 of General Permit AWG200000 states in part, "The maximum
waste level in lagoons/storage ponds shall not exceed that specified in the
facility's CAWMP. At a minimum, maximum waste level for lagoons/storage
ponds must not exceed the level that provides adequate storage to contain the 25 -
year, 24-hour- storms event plus an additional one (1) foot of structural
freeboard..."
H. On December 4, 2012, in response to a complaint, DWQ staff inspected the
Taproot Dairy Farm and observed a discharge of wastewater from waste storage
pond number two to an unnamed tributary to the French Broad River, which are
Class B waters of the State within the French Broad River Basin. The waste pond
number two was full and overflowing into the un -named tributary to the French
Broad River.
I. Taproot Dairy, LLC had no valid permit for the above-described activity.
J. The former OIC for Taproot Dairy, LLC, William Johnston (Certification No.
28720), let his certification lapse in 2009. Taproot Dairy, LLC has received
warnings during previous inspections and a Notice of Violation in 2010, stating
that they must designate a valid OIC. On December 4, 2012, Taproot Dairy, LLC
had not designated a valid OIC, and overall, Taproot Dairy, LLC had operated for
four years without a valid OIC.
K. During the inspection on December 4, 2012, DWQ staff reviewed the records of
Taproot Dairy, LLC. DWQ staff discovered that the freeboard level of the two
waste ponds had -not been recorded. since September 3, 2012, a time of twelve (12)
weeks.
L. On December 17, 2012, the Division issued a Notice of Violation (NOV) to
Taproot Dairy, LLC identifying violations of G.S. 143-215.1 and General Permit
AWG200000. The violations include, but were not limited to, the unlawful
discharge of wastes to waters of the State, failing to .designate an OIC, failure to
maintain adequate freeboard, and failure to monitor and record waste pond
freeboard levels.
M. The NOV was sent by certified mail, return receipt requested and received on
December 19, 2012.

N_ On January 10, 2013, a Notice of Intent to Enforce letter was issued to Taproot
Dairy, LLC for violations of N.C.G.S. 143-215.1 and Permit No. AWG200000.
O. The Notice was sent by Certified Mail, Return Receipt Requested and received on
January 14, 2013.
P. The cost to the State of the enforcement procedures in this matter totaled $507.82.
Based upon the above Findings of Fact, I make the following.
II. CONCLUSIONS OF LAW:
A. Taproot Dairy, LLC is a "person" within the meaning of G.S_ 143-215.6A
pursuant to G.S. 143-212(4).
B_ The unnamed tributary to the French Broad River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. A permit for an animal waste management system is required by N.C.G.S. 143-
215.1.
D. The above-cited discharge into an unnamed tributary of the French Broad River
constituted making an outlet to waters of the State for purposes of G.S. 143-
215.1(a)(1), for which G.S. 143-215.1 requires a permit. The discharge also
violated Condition 1.1 of General Permit AWG2000000.
E. The above-cited failure to designate a certified animal waste management system
operator violated Condition No. 11.16 of General Permit AWG200000.
F. The above-cited failure to maintain freeboard records of waste storage ponds one
and two for twelve (12) weeks constitutes twelve (12) violations of Condition
I1I.2 of General Permit AWG200000.
G_ The above-cited overflowing waste storage pond violated the freeboard
requirements in Condition V.2 of General Permit AWG200000.
H. Taproot Dairy, LLC may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.
L General Statute 143-215.3(a)(9) and G.S. 143B -282.1(b)(8) provides that the
reasonable costs of any investigation, inspection or monitoring survey may be

assessed against a person who violates any regulations, standards, or limitations
adopted by the Environmental Management Commission or violates any terns or
conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order
or other document issued pursuant to N.C.G.S. 143-215.2.
J. The Supervisor of the Animal Feeding Operations Unit, Division of Water
Quality, pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Taproot Dairy, LLC is hereby assessed a civil penalty of:
$ ODO, 00 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1, and in violation of
Condition I.1 of General Permit AWG200000.
$ SDO, GO for twelve (12) violations of Condition HI.2 of General
Permit AWG200000 for failing to monitor and record
waste pond freeboard levels.
$ Sa0 CJD for violating Condition H-16 of General Permit
AWG200000 by failing to designate a certified animal
waste management system operator.
$ OGD, 40 for violating Condition V.2 of General Permit AWG200000
by failing to maintain adequate freeboard.
$ 13 OOO. 0 0 TOTAL CIVIL PENALTY which is 3� • S percent of the
maximum penalty authorized by N.C.G.S. 143-215.6A.
$ 507.82 Investigation costs assessed
$ I3�907. a TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:

(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a
continuing violation may be considered a separate violation subject to a maximum
$25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for
any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shalt be transmitted to Taproot
Dairy, LLC in accordance with N.C.G.S. 143-215.6(A)(d).
3/s/aola
(Date) Keith Larick, Supervisor
Animal Feeding Operations Unit
Division of Water Quality

JUSTIFICATION FOR REMISSION RE UEST
Case Number: OV -2013-0001 County: Henderson
Assessed Party: Ta root Dairy, LLC
Permit No.: AWC450002 Amount assessed: S13�077.8Z
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right_to an Administrative Hearin and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in determining
your -request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed_ Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of
a civil penalty may be granted when one or more of the following five factors applies. Please
check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages
as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282. l (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty
assessment document);
(b) the violator_promptly abated continuing environmental_ damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem_ req.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
)
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
)
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
TAPROOT DAIRY, LLC
)
PERMIT NO. AWC450002
)
FILE NO. OV -2013-0001
Having been assessed civil penalties totaling $13,507.82 for violation(s) as set forth in
the assessment document of the Division of Water Quality dated, March 5, 2013, the
undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2013

a
.�4
RECIEOVED
TAPROOT DAIRY LLC �N O9 �01�
752 BUTLER BRIDGE ROAD
FLETCHER. NORTH CAROLINA 28732rshevilie Regi©nal Qf��
A t�ifer Protection
RE: Notice of Violation Dated December 17. 2012
Via Hand Delivery and Electronic Mail
Dear Mr. Davidson.
I am writing in response to your letter dated December 17, 2012, to Billy Johnston at
Taproot Dairy, LLC ("Taproot Dairy"). The letter listed nine (9) separate violations and asked
for a response by January 4. 2012. This letter is sent in response to your letter of December 17,
2012. With regard to the nine (9) listed violations. Taproot Dairy responds as follows:
Violation 1. The discharge from waste pond # 2 was stopped less than an hour after DWQ
representatives made Taproot Dairy aware of the release. Pumping from Pond #2 commenced on
December 4, 2012 and continued through the night. By 5 A.M. on December Sa`, the pond level
was within freeboard limits. Over the next two days, the pond was pumped down to below the
pump marker.
Violation 2. The over application of PAN was due to a miscalculation on Taproot Dairy's part.
The violation will be addressed in the next crop rotation. Taproot Dairy will apply to amend its
CAWMP to allow for the additional application.
Violation 3. Taproot Dairy checked freeboard levels on a weekly basis up until the fall of 2012.
The failure to check levels from September 3, 2012 to December 4, 2012 was an oversight on
Taproot Dairy's part due to inadvertence and neglect- A Plan of Action to address this issue will
be -submitted on or before January 18, 2013.
Violation 4. Taproot Dairy was not aware of the discharge when it occurred. Accordingly, it
was not reported to DWQ. To the extent additional reporting of this event is required, Taproot
Dairy asks that DWQ accept this letter as a report of the incident.
Violation 5. William Johnston was the licensed Operator In Charge ("OIC") for Taproot Dairy
up until 2009. He did not renew his license. as Taproot was under contract to sell the farm in
2008. Mr. Johnston is enrolled in a class.being held on January 23`a, 2013 in Bladen County and
is planning on registering to take the OIC test on March 14. 2013.
Violation 6. Taproot Dairy will have its waste analyzed on a quarterly basis in the future to
avoid this problem.
Violation 7. See response to Violation 3.
Violation 8. IRR I and IRR 2 forms will be filled out correctly, and the calculations to be
entered on such forms will be calculated correctly. The incorrect -calculations were not
1 R&S 1012321-1
1

intentional. The forms with incorrect calculations will be corrected and revised forms -will be
submitted to DWQ on or before January 18, 201;.
Violation 9. Taproot Dairy is consulting with Jeff Young, an engineer with the North Carolina
Department of Agriculture. to address the issues raised in Violation 9.
Response to Miscellaneous Items on Page 4 of your letter;
• The correct dates for the application from Pond # 1 were May 18, 19 and 20, 1012. For
pond # 2, the correct dates were May 13 and 14, 2011.
• Taproot Dairy plans to have .teff Young look at the silage leachate issue as well.
• Taproot Dairy plans to have Mr. Young look at the possible runoff from the solids
separator area as well. Once Taproot Dairy has consulted with Mr. Young, it will develop
a plan and submit a plan and schedule to DWQ.
• The calibration record for the new gun is being provided with this response.
• A copy of the press release and list of the media to whom it was provided is enclosed
with this letter.
• Monitoring results are being submitted with this letter.
Taproot Dairy acknowledges a release occurred from its Pond # 2 on December 4`h. 2012 and
that some portion of the discharge reached the French Broad River. The discharge was not
intentional, and was the first one since the current waste handling system was built in 1988.
Other than some record-keeping violations. Taproot Dairy has an excellent record in
handling and managing animal waste. Once it was made aware of the release. Taproot
corrected the problem in less than an hour and took all necessary steps to pump the pond
down to within freeboard levels.
Taproot is a family company, and its members are active involved citizens in their
community. Taproot asks that its long history and leadership in animal waste management
and agriculture. and its prompt response to the release be considered in determining whether
or not to assess a civil penalty for this violation.
Your consideration of this response is most appreciated. Please let me know if you have
questions, or if you need additional information. Representatives of Taproot Dairy are
available to meet with you at your convenience to discuss this matter.
Taproot Dairy. LL
William Johnston
Cc; William Clarke. Roberts & Stevens.
R&S 1012321-1

..F
PLAN OF ACTION (PoA) FORM for HIGH WASTE LEVELS
IN STRUCTURES AT ANIMAL FACILITIES
Facility Number: 1Y - 2 County: h'�nd-�rSo`1
Facility Name: roof O.1^
Certified Operator Name: �_/on-c Ce-�-- fA"J f _e T Operator #:
Date that High Waste Level Was Initially Reported to DWQ: Lc_
DWQ Contac# Name: Ed� wil '�LW5
Current Situation
I. List the current waste level(s) as measured from the waste level in the lagoon/storage pond to the
lowest point on the top of the dam for structures without spillways; and from the waste level in the
structure to the bottom of the spillway for structures with spillways. Also list the quantity of waste
above the maximum liquid mark (also called "start pump").
Structure 1 Structure 2 Structure 3 Structure 4
Structure Name/ID: powd -0-/ud.�
Spillway (yes or no): 0 d10
Waste Level (inches): Po;,�- /0"Vie r6V�, 9,m10
Above Maximum Mark (inches): 0 0/0
Dam is Slumping or Seeping (yes or no): r V f o7
Mitigating Factors
2. Brief summary (incl. date, type, and amount) of precipitation events contributing to high waste level:
3. Date of most recent waste application event:
4. Per the Certified Animal Waste Management Pian (CAWMP), how is animal waste land -applied at
your facility (e.g. solid spreader, irrigation, honey wagon, slurry truck)?
Evaluation of Waste Management System
5. If applicable, has the cattle lot and barns been inspected for leaking drinkers? Have repairs been
made?
b. If applicable, is there enough guttering on the barns to exclude fresh water from the waste
structure? If not, when is installation or repairs to be made?
High Waste Level PDA Form-Mar2010

t-
7. If applicable, is the diversion ditch around the waste structure functioning properly and excluding all
fresh water from the structure?
8. Describe all methods employed to contain the waste or to exclude it from surface waters (e.g. berm,
ditch, retention hole, alternate application method, removal of cattle to pasture):
Proposed Strate�y
9. Describe moisture conditions in the field (e.g. standing -water, application equipment mars down in
field, "traffEcability" across the soil, soils able to absorb application without runoff, application fields
frozen and/or snow covered):
10. Given optimum soil and weather conditions, what is the earliest possible date that land application
could commence?
11. Do you have a waste analysis obtained within 60 days of application?
12. Proposed receiving crop(s), acreage, and application window(s):
13. Is waste to be pumped and hauled to an off-site location? If so, list the volume and PAN content of
the waste to be hauled as well as the proposed site(s) with their related facility number, number of
acres, receiving crop information, etc. Contact and secure approval from the Division of Water
Quality prior to transfer of waste to a site not covered in the facility's certified animal waste plan.
I hereby certify that I have reviewed the information listed above, and to the best of my knowledge
and ability, the information is accurate and correct.
y/� f �✓SSO ,t/ Phone:
Facility Owner/Manager (print)
Date: .2 -21 -
Facility
_ % -21~ 7 J
Facility Ow r/Manager (signature]
High Waste Level POA Form-Mar2010

Plan of action Response
2- As stated to DWQ inspectors on Dec,4 2012 Taproot Dairy is not stating that a rain event was
the cause of the discharge. It was strictly an oversight on our behalf.
3- Oct,312012
4- Solid spreader and irrigation
5- Yes
5- There is improvement to be made in this area. We have contacted Two contractors and are in
the process of getting quotes to address this issues.
7 -Yes
S- All waste from confined cattle is being caught in a concrete pit. It is then pumped through a
solid separator system. The solids are stored on a concrete pad with any run off being caught and
pumped into a holding pond. The liquids from solid separator are caught and gravity transferred into
ponds as well.
9- The field conditions have not been a problem up through the middle of December.
10- At the time of this POA response the pond is below pump level.
11- Yes
12- New crop rotation will begin in April
13- No

01/02/2013 16:21 8286976065 PAGE 03/03
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Hendersonville, HC 28791 Date S&Mple Analyzed 12/07/12
Attn: Terry Storey Date of Report 12/13/12
Analyses Perfozmcd by ZP -MS -D90
Lab Sample Mxnber
--------------------
746342
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Parameter Storet 4 Results
TOT N (00600) 479 mg/1
TEN (00625) 478 mg/1
NO2tNO3 (00630) 1.47 mg/1
Phos,TOt (00665) 53.9 mg/1
NO -3-N (00620) 1.12 mg/l
Clients Sample Source 735 80TLSR BRIDGE RD
Number LAGOON WASTE MATER
Time Collected (Hrs) 1510
P 0. Box 473. IDS Short Street • Kernersvrlle. North Carolina 27284 -336-998-2849 - Fax [phone]
www.rendalabs_com

01/02/2813 16:21 8286970065
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FOR ALL CONTAINER($) WITHIN.
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$26.25
CERTIFICATION OF PUBLICATION
December 10, 2012
I, Jan Sullivan, affirming the following under the penalties of
perjury state:
I am employed by the Times -News, an affiliate of Halifax Media
Group. The Times -News is a daily newspaper of general
circulation published in the city of Hendersonville, county of
Henderson, and state of North Carolina. I hereby certify that the
advertisement annexed hereto was published in the editions of
The Times -News on the following date or dates:
10/10/12
And that the said newspaper in which such notice, paper,
document, or legal advertisement was published was, at the time
of each and every publication, a newspaper meeting all of the
requirements and qualifications of Section 1-597 of the General
Statutes of North Carolina and was a qualified newspaper within
the meaning of Section 1-597 of the General Statutes of North
Carolina.
This 10th day of December, 2012.
l
(Signed)
Sworn to and iubscribed before me, this 10th day of
December, 2012.
`0 1-1 % _ Cjr va Notary Public
Deborah H. Owen
�No °Lazi IONti
sell
dx3 UotsstmU}Q�
_ WnOO UosioPUa}I
ot�gnd ��DioN O
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am
'ho rHt to" "``N
Taproot Dairy has had a
minor,dlscharge dua%to
overty.htll 13101td
i 12,10)
. N000984451 '
First Copy — No Charge
Additional Copies - $15 each
106 Henderson Crossing Pima.. • Hendersonville, NC 28792_
P. O. Box 490 • Hendersonville, NC 28793
8281692-0505 & FAX [phone] *'828/693-5581
www.blueridggnow.com

%A
NMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 10, 2013
CERTIFIED MAIL (7009 1680 0000 7515 4049)
RETURN RECEIPT REQUESTED
Mr. Billy Johnston
Taproot Dairy, LLC
752 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: Recommendation of Enforcement Action
Taproot Dairy Farm LLC
Permit No. AWC450002
Henderson County
Dear Mr. Johnston:
This letter is to advise you that this office is considering recommending enforcement action to
the Director of the Division of Water Quality. The recommendation for enforcement concerns
the violations cited in the Notice of Violation dated December 17, 2012, previously sent to you.
If you believe there are other factors which should be considered or other matters not yet
addressed in your January 4, 2012 NOV response letter, please send such information to me in
writing within ten (10) days following receipt of this letter. Your explanation will be reviewed,
and, if an enforcement action is still deemed appropriate, your explanation will be forwarded to
the Director with the enforcement package for their consideration.
If you have any questions concerning this matter, please contact Ed Williams or me at (828) 296-
4686.
cc: Keith Larrick
AQUIFER PROTECTION SECTION
1636 Mail Smim Center, Raleigh, North Carolina 27699-1636
€.ocafim 512 N. Salisbury St Raleigh, North CarnGna 27604
Phone: [phone] FAX: [phone]FAX. 919-807{496
: Internet www-naMaterauarfir.am
1 An Equal Oppartumty 1 AfSm=ve Aefion Er *yw
Sincerely,
G. Landon Davidson, P.G.
Aquifer Protection Section Supervisor
Asheville Regional Office
One
NorthCarolina
)WtuMAY

■ Complete items 1,-2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you
■ Attach this card to the back of the mallpiece,
or on the front If space permits.
1. Article Addressed to.
Mr. Billy Johnston
Taproot Dairy, LLC _
752 Butler Bridge Road
Fletcher, NC 28732
COMPLETE THfS SECTfON ON DELIVERY
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Mc Billy Johnston
Taproot Dairy, LLC
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r 52 Butler Bridge Road
Fletcher, NC 28732
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
December 17, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 1680 0000 7515 3998
Mr. Billy Johnston
Taproot Dairy, LLC
752 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
(Taproot Dairy) Facility No.: AWC450002
NOV-2012-OV-0003
Henderson County
Dear Mr. Johnston:
On December 4, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Taproot Dairy and the permitted waste disposal system.
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) as follows:
Violation I :
Failure to operate the facility as a non -discharge system and prevent a discharge of waste that reaches surface
water, wetlands, or by other means of conveyance that drains to surface water or wetlands in accordance with
Condition 1.1., Animal Waste General Permit No. AWG200000.
On December 4's, 2012, staff from the Asheville Regional Office APS conducted a complaint investigation at the
Taproot Dairy. The complainant stated that a brown, foamy liquid was flowing into the French Broad River from
a branch draining the Taproot Dairy property. Upon inspection of your facility by DWQ staff, waste storage pond
#2 was found to be above capacity and overtopping into an adjacent dry branch/ditch which conveyed animal
waste to the French Broad River_
Required Corrective action for Violation 1 :
If you have not already done so, discharged waste shall be contained and recovered (i.e., removed from the ditch).
Take all action necessary to abate any damages and to prevent reoccurrence of such a discharge event.

Mr. Johnston
AWG200000
December 17, 2012
Page 2 of 4
Violation 2 :
Failure to apply animal waste at agronomic rates in accordance with your CAWW and Condition 11.4 of Animal
Waste System General Permit No. AWG200000.
Application records indicate PAN over application on 1/19/2012 and 2113/2012 for a total PAN of 253.46 lb/acre.
Additionally, from 10/13/11 — 215112 PAN application equals 167 lb/acre to which an additional PAN of 29
lb/acre of solids were added from 3/15/2012 — 3/18/2012. Total PAN for these events equals 196 Ib/acre, in
excess of the recommended PAN loading of 180 Ib/acre.
Required Corrective Action for Violation 2 :
For those fields in which PAN was over -applied, the amount of PAN must be reduced by the amount you over -
applied for the next crop. Recalculate PAN applications as required and resubmit all relevant forms (see Violation
8 below).
Violation 3 :
Failure to maintain waste levels in your iagoonlstorage ponds in accordance with the facility's CAWMP in
accordance with Condition V. 2 of Animal Waste System General Permit No. AWG200000.
On December e, 2012, a storage pond level was documented at 0 inches of freeboard for waste pond # 2. A
level of 24 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 3
(If POA not submitted)
Submit the attached Plan of Action (POA). Take all necessary additional steps to ensure waste pond levels
remain in compliance with Section V. 2 of your permit.
Violation 4 :
Failure to notify Division of Water Quality of a discharge in accordance with Conditions Ill. 9 and 13 of Animal
Waste System General Permit No. AWG200000.
Required Corrective action for Violation 4 :
You must notify the Division of Water Quality of the occurrence of any reportable events in accordance with your
Violation 5
Failure to designate a certified animal waste management system operator with a valid certification in accordance
with Condition 1I. 16 and 17 of Animal Waste System General Permit No. A WG200000. According to records,
your certification expired in 1212009.
Required Corrective Action for Violation 5 :
In order to continue operating under your general permit, a certified animal waste management system operator
with a valid certification must be designated. The operator must sign the Division provided forms where requir

Mr. Jehnston ' •
AWG200000
December 17, 2012
Page 3 of d
Violation 6 :
Failure to obtain a waste analysis for all application events in accordance with Condition III. 5 of Animal Waste
System General Permit No. AWG200000. According to records, your last waste analysis was completed
2/24/2012.
Required Corrective Action for Violation 6 :
An analysis of the animal waste should be conducted in accordance with the recommended laboratory sampling
procedures as close to the time of application as practical and at least within sixty (60) days before or after the
date of application.
Violation 7 :
Failure to monitor and record waste pond freeboard levels in accordance with Condition 111. 2. of Animal Waste
System General Permit No. AWG200000.
Required Corrective Action for Violation 7 :
Waste pond levels should be monitored and recorded weekly on forms provided or approved by the Division. The
last recorded measurement for pond #1 and #2 was on 9/3/2012.
Violation 8 :
Failure to correctly complete and sign IRRI and IRR) forms in accordance with Condition 111. 6 of Animal Waste
System General Permit No. AWG200000.
Required Corrective Action for Violation 8 :
All forms must be completed correctly according to directions (e.g., one IRR -2 form for each field per crop cycle)
and signed by ORC. All forms are to be corrected, completed and resubmitted to the Division by January 18,
2013. Please read directions carefully on the form. It appears you are not calculating nitrogen balance (column
# 11) correctly.
Violation 9 :
Any violation of the COC or the CAWMP shall be considered a violation of the General Permit and subject to
enforcement actions. The mixing of plate cooler water with waste water is not allowed per the Nutrient
Management Plan due to "holding capacity constraints". Please refer to the attached sections of the subject
document. This is a violation of Condition 1.3 of Animal Waste System General Permit No. AWG200000.
Required Corrective Action for Violation 9 :
Update the CAWMP and necessary waste holding structures to account for plate cooler water volume and usage
or stop discharging plate cooler water to the waste pond immediately. If there other unpermitted sources of waste
going to the holding pond, these should be addressed in a revised CAWMP.

Mr. Johnston
A WG200000
December 17, 2012
Page 4 of 4
In addition to these nine (9) violations, the following items are to be addressed. Items where submittals are
required, are to be received by the Asheville Regional Office no later than January 18, 2012:
• Your freeboard records indicate an increase in freeboard between 5/2 — 5/9/2011 in pond #1 and 5/16 —
5/23/201 l in pond #2 with no corresponding application event within that timeframe. Please provide an
explanation for your measurements.
• There is evidence of a past discharge of silage Ieachate from the silage storage pits. Silage leachate has
an adverse effect on water quality and can be harmful to aquatic life. Contact the Henderson County Soil
and Water Conservation district for assistance in designing and installing a silage leachate collection
system.
• There appears to be runoff occurring from the solids separator area. Please install curbing/berms or
another method to contain all waste and runoff from the solids separator area. Please provide a schedule
of when this will be addressed.
• Page two of the 10/5/2011 calibration record is missing from the records you provided for the gun labeled
"new gun". Please submit this missing page by the stated due date.
• Per permit condition 11. 16, you are to submit a copy of the press release and list of the news media to
which the release was submitted for distribution.
• Per permit condition Ill. 9, you are to submit monitoring results to the DWQ within 30 days of the
discharge event.
You are required to take any necessary action to correct the above violations on or before January 18, 2013
and to provide a written response to this Notice by January 4, 2013. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you
believe there are other factors, which should be considered, please send such information to me in writing by
January 4, 2013. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will
be forwarded to the Director and included for consideration.
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 me at (828)2964500.
Sincerely,
G. Landon Davidson, L.G.
Aquifer Protection Supervisor
Attachment : Nutrient Management Plant for Animal Waste Utilization
cc: Keith Larick CAFO Unit
ARO APS Files
Files

Required Corrective Action for Violation #1 and #2:
If you have not already done so, immediately fill out the required permit renewal form and submit it to the DWQ
Central Office.
Obtain the necessary training and certification to be an operator in charge.
Required Corrective Action for Violation 43
Obtain soils samples and submit them to the soils lab
You are required to provide a written response to this Notice by May 24, 2010. 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 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 Ed Williams or me at [phone].
t
Sincerely,
G. Landon Davidson, L.G.
Aquifer Protection Supervisor
.S. Prvice
cc: Keith Larick CAFO Unit
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NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 7, 2010
CERTIFIED MAIL 70091680 0000 7514 7546
RETURN RECEIPT REQUESTED
Mr. Billy Johnston
Taproot Dairy, LLC
752 Butler Bridge Road
Fetcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0547
Administrative Code 15A NCAC 2T . 13 04
NCGS 143-215.1
Taproot Dairy No. AWC450002
Henderson County
Vear Mr.Johnston:
Resources
Dee Freeman
Secretary
On March 30, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Taproot Dairy and the permitted waste disposal system.
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 permit as follows:
Violation #1:
Failure to renew you animal waste permit
Violation #2:
Failure to have an actively certified operator in charge
Violation #3
Failure to have current soils analysis
AQUIFER PROTECTION SECTION — Asheville Regional Office (ARO)
2050 U.S. 70 Highway, 5wannwoa, NC 28778-8211
Phone: [phone] l FAX: [phone]
Customer Service: 1-877.623-6748
Internet www,ntwaterguality.org
An Equal Opportunity 1 Affrma6ve Action Employer
One
NorthCarolina
Naturally

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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1, 2, and 3. Also complete A. Signaure 1
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or on the front if space permits. sO / Z v
1 D. Is delivery address ditfererd from Item I? ❑ YJs
r 1. Article Addressed to:
-d If YES, enter delivery address below: ❑ No
Mr. 'silly ]ohnston [
TaPreot Dairy, LLC �
752 Butler Bridge kwd
J Ffetche� MC 28732
5
3= Mail ❑ yeas Mall
1 ❑ Registered Fletum Reeelpt for Merchandise
❑ insured Mal ❑ C.O-D.
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1 2. Article Number 7009 16S0. 0000, 7.514 7546
(Thansfe1 frwn service !&befJ _r
- _J Ps Form 3811, February 2004 Domestic Rahm"Rece$t 102595-02�F9540

O�pF WATF9 pG • V'y;� I„'!� Michael F. Easley, Governor
( William G. Ross Jr., Secretary
North Carolina Depa; rent of Environment and Natural Resources
Q Coleen H. Sullins Director
Division of Water Quality
Aquifer Protection Section
February 22, 2008
CERTIFIED MAIL 7006 2150 0005 2458 8658
RETURN RECEIPT REQUESTED
Mr. Billy Johnston
Taproot Dairy, LLC
752 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2008-DV-0084
Compliance Inspection
Taproot Dairy
Facility No.45-2
Henderson County
Permit No. AWC45002
Dear Mr. Johnston:
On February 8, 2008, Beverly Price and Ed Williams of the Division of Water Quality's Asheville
Regional Office conducted a routine animal waste inspection at Taproot Dairy. The following violations
were documented during the inspection:
1) A discharge of silage leachate from the trench silos to a wetland on the banks of the French
Broad River. The amount of wastewater observed indicates that this is an ongoing
problem. This issue was referenced in the 2006 and 2007 (NOV-2007-DV-0008)
inspections.
2) A discharge of milky colored, foamy wastewater was observed coming from a pipe located
below the silage storage area to a wetland on the banks of the French Broad River. The
amount of wastewater observed from this discharge also indicates that this is an ongoing
problem.
3) There were no soils analyses for 2007.
4) Waste Storage Pond #1 and Waste Storage Pond #2 were connected via a pipe in 2006
without prior approval (referenced in the 2007 inspection).
Aurally Carolina
NAurally
North Carolina Division of Water Quality — Asheville Regionai Office 2090 U.S. Highway 70 S%winanoa, NC 28778 Phone [phone]
Aquifer Protection Section FAX [phone]
Customer Service 1-877-623-6748
Internet: h2o.enr.state_nc.us
An Equal opporlunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper

• ` !
Mr. Johnston
February 22, 2008
Page 2
Violations:
Failure to- Prevent a discharge of waste to surface waters or wetlands (General Permit
AWG200000 Condition 1.1.); conduct a soils analyses for 2007 (General Permit AWG200000
Condition Ill. 4.); have written documentation from a technical specialist certifying proper
design and installation of structural repairs to a storage pond (General Permit AWG200000
Condition 11.25.).
Required Corrective Action For Violations:
1. Stop all discharges to wetlands and determine the source of the discharge from the pipe.
2. Remove the tires from the wetland and reseed the area with appropriate wetland grasses.
Distributors for wetland seeds can be found at:
httpalwww.nceep. net/business/monitoring/veg/nativeplantprovider.htm
3. Describe measures taken to ensure soil samples are collected every year.
4. Contact a technical specialist to address the silage leachate and waste storage pond issues.
To prevent further action, carefully review the violations above and respond in writing to this office
within fifteen (15) days of receipt of this letter. You should address the causes of noncompliance and
all actions taken to prevent the recurrence of similar situations.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for these violations or any past or future violations. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please see the enclosed (Inspection Summary Pagel) for additional comments and observations. If
you have any questions concerning this matter, please do not hesitate to contact Beverly Price at (828)
296-4500.
Sincerely,
G. Landon Davidson, P.G.
Regional Aquifer Protection Supervisor
cc: Cindy Safrit, Division of Soil & Water, MRO
Jeff Young, Division of Soil & Water, ARO
APS Central Files
APS ARO Files
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(Vo-mestic Mal! Only;
No Insurance Coverage
Proviaed)
For delivery information
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at www.usps.comt)
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(Fndorsement Required)
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ru
Sent TO
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!] Sireet,ilpt Nd;� aprontDxiry.l'_L
or PO Box No. 0a f Firidq� Scad
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City, State,- Z--IP--+-
4 Fletcher, NC 't037
PS Form :00 August 2006 See Reverse tar Instructions

. Division of Water Quality
Division of Soil and Water Conservation
Other Agency
Facility Number :450002 Facility Status: Active Permit: AWC450002 Denied Access
Inspection Type: Compliance inspection
Inactive or Closed Date:
Reason for Visit: Routine
County: Henderson Region: Asheville
Date of Visit: 02/0812008 Entry Time:01:00 PM Exit
Time:02:30 PNS Incident #:
Farm Name: Taproot Dairy
Owner Email:
Owner: Tap Root Dairy LLC
Phone: [phone]
Mailing Address: 752 Sutler Bridge Rd
Fletcher NC 28732
Physical Address:
Facility Status: U Compliant 0 Not Compliant
Integrator: T
Location of Farm:
Latitude: 35°24'30" Longitude: 82°31'50"
On Butler Bridge Road immediately east of the French Broad River
Question Areas:
jj Discharges & Stream Impacts Waste Collection & Treatment Waste Application
jj Records and Documents Other Issues
Certified Operator: William F Johnston
Operator Certification Number: 28720
Secondary OIC(s):
On -Site Representative(s): Name
Title Phone
24 hour contact name Billy Or Bradley Johnston
Phone:
On-site representative Billy Johnston
Phone:
Primary Inspector: Beverly Price
Phone:
,n
Inspector Signature: �,- , _
Date: I
Secondary nl �pe2cto (sj�
41 1
Inspection Summary:
#1, #2, #3, #4 - A discharge of milky colored, foamy wastewater was observed coming from from a pipe located below the silage
storage area. A small amount of silage leachate was also observed in the area below the silage storage area. The silage leachate
and the milky discharge flows down an eroded bank to a wetland area on the banks of the French Broad River.
#7, #8 - Waste Storage Pond #1 does not have a freeboard marker. Pond #2 and Pond #1 are now connected by a pipe. Mr.
Johnston indicated that Pond #1 gravity flows to Pond #2. A technical specialist should certify the waste storage ponds since they
were retrofitted (2006) without prior approval; this was noted in the 2007 inspection.
#9 - Discharge noted above.
#19 - Permit not on-site.
#21 - SLUR -2 and IRR -2 - Nitrogen requirement used for PAN calculations should come from WUP. There were no Soils Analyses for
2007.
Page: 1

Permit: AWC450002 Owner- Facility: Tap Root Dairy LLC Facility Number : 450002
Inspection Date: 02/08/2008 Inspection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
Cattle - Milk Cow 1,250 700
Total Design Capacity: 1,250
Total SSLW: 1,750,000
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
�aste Pond PRIMARY 12.00
�aste Pond SECONDARY 24.00 28.00
a C' Clete items 1, 2, and 3. Also complete
IL �, if RQstricted Delivery is desired.
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M Attach this card to the back of the mailplece,
or on the front tf space perrimtts.
D. Is delivery address ditierent from Item t? ❑ Yes
1. Article Addressed to: -
Silly Johnshn
it YES, enter address delivery addbelow: ❑ No i
Tapsrot Cary,
57 Rustrr nrna.',i R% -d
FI -If her. NC 7 :
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❑ RegisI F R �im Return Receipt for Merch
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(rrawerfmms ram' r' hi-ecti?,p06 215 � �5 2458 8658 r.
PS.ForM381 1, February 2oix Domestic Reborn Receipt
Page: 2

5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe ❑ ■ ❑ ❑
erosion, seepage, etc.)?
8. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ IN ❑ ❑
or closure plan?
7. Do any of the structures need maintenance or improvement? ■ ❑ ❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry ■ ❑ ❑ ❑
stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or ■ ❑ ❑ ❑
improvement?
Waste Application 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? ❑ ■ ❑ Cl
If yes, check the appropriate box below
Excessive Ponding? ❑
Hydraulic Overload? ❑
Frozen Ground? ❑
Heavy metals (Cu, Zn, etc)? ❑
Page: 3
Permit: AWC450002 Owner - Facility: Tap Root Dairy LLC
Facility Number :
450002
Inspection Date: 021OB12008 Inspection Type: Compliance. Inspection
Reason for Visit:
Routine
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?
■ 000
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
■ ❑
❑
❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
® ❑
❑
❑
2. Is there evidence of a past discharge from any part of the operation?
■ 1100
3. Were there any adverse impacts or potential adverse impacts to Wale, s of the State
other than from a ■ ❑
❑
❑
discharge?
Waste Collection, Storage & Treatment
Yes No
NA
NE
4. Is storage capacity less than adequate?
❑ ■
❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe ❑ ■ ❑ ❑
erosion, seepage, etc.)?
8. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ IN ❑ ❑
or closure plan?
7. Do any of the structures need maintenance or improvement? ■ ❑ ❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry ■ ❑ ❑ ❑
stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or ■ ❑ ❑ ❑
improvement?
Waste Application 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? ❑ ■ ❑ Cl
If yes, check the appropriate box below
Excessive Ponding? ❑
Hydraulic Overload? ❑
Frozen Ground? ❑
Heavy metals (Cu, Zn, etc)? ❑
Page: 3

Crop Type 4
Permit: AWC450002 Owner • Facility: Tap knot Dairy LLC
Facility Number : 450002
Inspection Date: 02/08/2008 Inspection Type: Compliance Inspection
Reason for Visit: Routine
Waste Application
Yes No NA NE
PAN?
n
Is PAN > 10%110 lbs.?
n
Total P205?
n
Failure to incorporate manure/sludge into bare soil?
n
Outside of acceptable crop window?
fl
Evidence of wind drift?
n
Application outside of application area?
fl
Crop Type 1
Corn (Silage)
Crop Type 2
Fescue (Hay, Pasture)
Crop Type 3
Small Grain (Wheat,
n
Barley, Oats)
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Bradson
Soil Type 2
Codorus
Soil Type 3
Toxaway silt loam
Soil Type 4
Rosman
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
❑ ■ n
n
Plan(CAWMP)?
15. Does the receiving crop andlor land application site need improvement?
n ■ n
n
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
n ■ nl
n
17. Does the facility lack adequate acreage for land application?
n ■ n
0
18. Is there a lack of properly operating waste application equipment?
n ■ n
n
Records and Documents
Yes No NA
NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available? ■ Cl n n
20. Does the facility fail to have all components of the CAWMP readily available? ❑ ■ n D
If yes, check the appropriate box below.
W UP? n
Page: 4

Permit: AWG450002 Owner - Facility: Tap Root Dairy LLC Facility Number: 450002
Inspection Date: 02/0a12006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes No
NA NE
Checklists?
Q
Design?
❑
Maps?
❑
Other?
❑
21. Does record keeping need improvement?
■ ❑
❑ ❑
If yes, check the appropriate box below.
Waste Application?
■
124 Minute inspections?
❑
Weather code?
❑
Weekly Freeboard?
❑
Transfers?
❑
Rainfall?
Q
Inspections after > 1 inch rainfall & monthly?
❑
Waste Analysis?
❑
Annual soil analysis?
Crop yields?
Cl
Stocking?
❑
Annual Certification Form (NPDES only)?
❑
22. Did the facility fail to install and maintain a rain gauge?
❑ ■
❑ Q
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑ ❑
■ ❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑ ■
❑ ❑
25_ Did the facility fall to conduct a sludge survey as required by the permit?
❑ ❑
■ ❑
26. Did the facility fail to have an actively certified operator in charge?
■ ❑
❑ ❑
27_ Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑ ❑
❑ ❑
Other issues
Yes No
NA NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
❑ ■
❑ Q
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ■ ❑ ❑
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air ❑ ■ ❑ ❑
Quality representative immediately.
Page: 5

Permit: AWC450002 Owner • Facility: Tap Root Dairy LLC
Inspection Date: 02108/2008 Inspection Type: Compliance Inspection
Other Issues
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewerllnspector fail to discuss reviewlinspection with on-site representative?
33. Does facility require a follow-up visit by same agency?
Facility Number : 450002
Reason for Visit: Routine
Yes No NA NE
n■pp
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Page: 6

Subject;
DECEIVED
Response to Notice of Violation MAR
68
NOV-2008 OV -0084 2 '�
Taproot Dairy Asheville Regional Office
Facility # 45-2
Aquifer Protec
Henderson County _ #ion
�
Permit # AWC45002
Jeff Young has been contacted to address the silage leachate issue. As he is the
water and soil technical specialist and drew our waste plan, we thought he would
be best to address this issue. Jeff is scheduled to be on the farm the first week in
April. Hopefully, he can draw a plan quickly.
Our concern is all the rain and runoff from the plastic covers and empty silos.
With the extra water, it will greatly increase cost and land that is required to apply
it to. Beverly Price has used a boat and taken water samples from the French
Broad River and found no evidence of any contamination down river from our
farm.
2. The milky and foamy water that was observed coming from a pipe looked more
clear to me. We did not know that there was a pipe in that area until dirt and con
crete slid off and exposed it. No water samples were taken at the time and I
contend that it was an old drain from one of the old barns that was torn down
years ago. The pipe was capped immediately to prevent any further discharge.
The wetlands that Beverly Price referred to beside the river is not a wetland.
We had a wetlands study performed last year and their findings were approved
By the Army Corp. No wetlands were found beside the French Broad River.
Since this area is not a wetland, it will be drained and filled as soon as
Weather permits.
At this time, we have not found the source of the water coming from out of
this pipe. There is no water coming from the pipe or out of the ground in this
area It would be very costly to dig this pipe up because it appears to run
under concrete that would have to be replaced.
3.Soil samples were taken in 2007, but due to the backlog in Raleigh, they were
Not back by 2-08-08. We assumed our inspection would be in March as it
Has always been, but was moved to January for some reason. Samples will be
Taken earlier in the year in the future to prevent this from happening again.
4.The pipe connecting pond #1 and pond #2 is in our waste plan. When Jeff Young
Has time he will get something in writing for you. He will be on the farm the
First week in April to work on the leachate problem and check the pipe at that
Time.

Taproot Dairy LLC
735 Butler Bridge Road
Fletcher, NC 28732
828-6844617
taproot6l(ii,aol.com
February 16, 2007
Department of Water Quality
Ms. Beverly Price
Dear Ms. Price;
In reference to the "MON." from your January 24h inspection;
VE
` FEB 21 2007
I
i
Asheviiie Regional Office
__j aajfer protection
I have contacted Jeff Young; Engineer from DWQ, and have requested that he, at his
convenience, come to Taproot Dairy and access the possibilities of capturing the
wastewater and leach agents connected with the silage storage facilities. I have also
asked that he reset the pump markers in the lagoons per you request.
Sincerely,
B ey A. Johnston
Taproot Dairy LLC
Partner

o�,
F�LE
oFW rE0•Michael F. Easley, Governor
William G. Rosslr.,Secretary
North Carolina Deparu=i of Environment and Natural Resources
O 'C C0PVAlanW.K]inwk,P.E.Director
Division of Water Quality
Aquifer Protection Section
January 29, 2007
CERTIFIED MAIL 7006 2150 0005 2458 7941
RETURN RECEIPT REQUESTED
Mr. Billy Johnston
Taproot Dairy, LLC
752 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2007-DV-0008
Compliance Inspection
Taproot Dairy
Facility No.45-2
Henderson County
Permit No. NCA345002
Dear Mr. Johnston:
Enclosed please find a copy of the animal waste inspection conducted at Taproot Dairy on January 24,
2007. Beverly Price and Ed Williams of the Asheville Regional office conducted the compliance
inspection.
The inspection revealed a discharge of silage leachate from the trench silos. It is apparent that the
leachate drains down an eroded embankment, through a culvert and into a wetland above the French
Broad River. The amount of wastewater observed indicates that this is an ongoing problem and a
substantial amount of leachate has collected in the wetland. This issue was referenced in the 2006
inspection. Please be advised that the non -permitted discharge of any type of wastewater to the waters
of the state is illegal as per NCGS 143-215.1 You should contact a technical specialist to address this
problem.
To prevent further action, carefully review the above violation and respond in writing to this office within
ten (10) working days of receipt of this letter. You should address the causes of noncompliance and all
actions taken to prevent the recurrence of similar situations.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
P Carolina
�tura!!ry
North Carolina Division of Water Quality - Asheville Regional Ofitee 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.ncus
An Equal OpportunitylAHirfriative Aclion Empbyer - 50% Recycled/10% Post Consumer Paper

Mr. Johnston
January 24, 2007
Page 2
Additionally, your waste storage ponds have been modified without prior approval. The ponds should
now be evaluated and certified by a technical specialist. The changes to the ponds have made it
difficult to determine the freeboard in the upper slurry pond. The marker in the slurry pond should be
re -set and include an appropriate device to allow for measuring freeboard. You should contact a
technical specialist to address this issue.
The inspection of the waste ponds also revealed spillage of manure at the slurry pond during
loading/hauling activity. You should scrape the spilled manure and land apply as soon as possible. The
spilled manure has the potential to reach surface waters via a drainage ditch adjacent to the old solids
storage pad.
The soils analysis that was available for review was not dated; therefore verification of a soil sample for
2006 was not possible. Soils samples are required annually.
Please see the enclosed (Inspection Summary Page 2) for additional comments and observations. If
you have any questions concerning this matter, please do not hesitate to contact Beverly Price at (828)
296-4500.
Sincerely,
G. Landon Davidson, P.G.
Regional Aquifer Protection Supervisor
cc: Cindy Safrit, Division of Soil & Water, MRO
Jeff Young, Division of Soil & Water, ARO
APS Central Files
APS ARO Files
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Permit: NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number: 450002
Inspection pate: 01/24/2007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Inspection Summary:
#1, #2, #3). #9) Silage leachate run-off from trench silos. This issue was note in the 2006 inspection. The leachate run-off flows
down an eroded bank through a culvert and into a wetland on the banks of the French Broad River.
#2) Maunre had spilled onto the ground adjacent to the slurry pond as a result of loading/hauling activity. The manure should be
removed and land applied. If not removed, the manure has the potential to reach a drainage ditch and ultimately the French Broad
River.
#7) The slurry and liquid ponds have been modified. The ponds are now connected by a pipe allowing liquid to flow from the slurry
pond to the liquids pond. This modification has not beeen approved by a technical specialist. In addition, the push -off pad has
standing wastewater which could drain to the grassed area adjacent to the old solids separator. It appears that additional curbing is
needed to prevent any waste from moving off the pad.
#B) The marker in the slurry pond needs to be re -set. The freeboard is now unclear due to the modification of the ponds. Designed
freeboard should be verified.
#15) Small grain crop was not planted in 2006 due to weather conditions (fields were too wet). Waste cannot be applied to fields
where no crop is planted.
#21) SLUR -2 and IRR -2 PAN balances were discovered to be incorrect. Mr. Johnston corrected PAN balances during the inspection.
The soils analysis that was available was not dated - it could not be determined if that analysis was taken in 2006. 2007 soils analysis
has not been performed as yet.
#33) A follow-up inspection will be conducted to ensure that the modification to the ponds have been approved and the silage leachate
issue has been addressed.
Record keeping has improved since the last inspection.
Waste analyses: 5/22/06 LSD N=1.9 Ib/1000 gal. Irr.
11/14/06 LSD N=4.6 Ib/1000 gal. Broad.; N=4.3 lb/1000 gal. Irr.
An NOV will be issued for silage leachate discharge.
Page: 2

0 Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 450002 , Facility Status: Active Permit: NCA345002 ❑ Denied Access
Inspection Type: Compliance Inspection Inactive or Closed Date:
Reason for Visit: Routine --County: Henderson , Region: Asheville
Date of Visit: 01/24/2007 Entry Time:01:30 P1-_ Exit Time: 03:3Q PM _ Incident #:
Farm Name: Taorog(Dairy Owner Email:
Owner: Taproot Dairy
Phone: §28-684-4617
Mailing Address: 752 Butler Bridge Rd FletcherNC 28732
Physical Address:
Facility Status: ❑ Compliant E Not Compliant
Location of Farre:
Integrator:
Latitude: 35',24'30" _ — Longitude: $2'31'50"
On Butler Bridge Road immediately east of the French Broad River
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment Waste Application
Records and Documents Other Issues
Certified Operator: William F Johnston Operator Certification Number: 28720
Secondary 01C(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Johnston Billy Phone:
On-site representative Bradley Johnston
Phone:
Primary Inspector: Beverly-
,Prriince Phone:
Inspector Signature:. J-�>'-i^x`� �-u� Date:
Secondary Inspector(s): -' {? % 4U.S. Postal Service,.
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-----------------------
Page: 1

Permit: NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number. 450002
Inspection Date: 0112412007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
Pi Caftle - Milk Caw 1,250 620
Total Design Capacity: 1,250
Total SSLW: 1,750,000
Waste Structures
Type Identifier Closed Data Start Date Designed Freeboard Observed Freeboard
aste Pond
PRIMARY
12.00
12.00
aste Pond
SECONDARY
24.00
30.00
Page: 3

If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
Permit: NCA345002 owner - Facility: Taproot Dairy L L C Facility Number:
450002
Inspection Date: 01/24/2007 Inspection Type: Compliance Inspection Reason for Visit: Routine
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)
❑
■
❑
❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
■
❑
❑
2. Is there evidence of a past discharge from any part of the operation?
■
❑
❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
■
❑
❑
❑
discharge?
Waste Collection, Storage & Treatment
Yes
No
NA
NE
4. Is storage capacity less than adequate?
❑
■
0
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe
❑
■
❑
❑
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑
■
❑
❑
or closure plan?
7. Do any of the structures need maintenance or improvement?
■
❑
❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
■
❑
❑
❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
■
❑
❑
❑
improvement?
Waste Ap-lication
Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
❑
■
❑
❑
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)?
❑
Page: 4

�• •
V
Permit: NCA345002 Owner - Facility: Taproot Dairy L L C
Facility Number: 450002
Inspection Date: 01/2412007 Inspection Type: Compliance Inspection
Reason for Visit Routine
Waste Application
Yes No NA NE
PAN?
❑
Is PAN > 10%110 lbs.?
❑
Total P205?
❑
Failure to incorporate manure/sludge into bare sail?
❑
Outside of acceptable crop window?
D
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Com (Silage)
Crop Type 2
Small Grain (Wheat,
Barley. Oats)
Crop Type 3
Fescue (Hay, Pasture)
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Bradson
Soil Type 2
Codons
Soil Type 3
Delanco
Soil Type 4
Toxaway
Soil Type 5
Rosman
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
❑ ■ ❑ ❑
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑ ❑ ❑ ■
16_ Did the facility fail to secure andlor 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?
❑ ■ ❑ ❑
Records and Documents
Yes No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑ ■ ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑ ■ ❑ ❑
If yes, check the appropriate box below.
WUP?
❑
Page: 5

Permit: NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number: 450002
Inspection Date: 01/24/2007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents Yes No NA NE
Checklists? ❑
Design? ❑
Maps? ❑
Other? ❑
21. Does record keeping need improvement? ■ ❑ Q Q
If yes, check the appropriate box below.
Waste Application?
❑
120 Minute inspections?
❑
Weather code?
❑
Weekly Freeboard?
❑
Transfers?
❑
Rainfall?
❑
Inspections after > 1 inch rainfall & monthly?
❑
Waste Analysis?
❑
Annual soil analysis?
■
Crop yields?
Cl
Stocking?
❑
Annual Certification Form (NPDES only)?
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
■
Q
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
❑
■
❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
■
❑
❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑
■
Q
26. Did the facility fail to have an actively certified operator in charge?
❑
■
❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
Q
■
❑
Q
Other Issues
Yes
No
NA
NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
■
❑
❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those
❑
■
Q
❑
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air
0
■
❑
❑
Quality representative immediately.
Page: 6

• . ,0
Permit: NCA345002 Owner - Facility: Taproot Dairy ! t. C
Facility Number : 450002
Inspection pate: 01/24/2007 Inspection Type: Compliance Inspection
Reason for Visit: Routine
Other Issues
Yes
No
NA NE
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
■
❑ ❑
32. Did Reviewer/Inspector fail to discuss reviewrnspection with on-site representative?
❑
■
❑ Cl
33. Does facility require a follow-up visit by same agency?
■
❑
❑ ❑
Page: 7

12
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o�0 W A rFgoG . Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
FILE COPY
❑ `C Alan W. Klimek, P.E. Director
Division of Water Quality
Aquifer Protection Section
May 12, 2006
CERTIFIED MAIL 7005 0390 0001 3552 5069
RETURN RECEIPT REQUESTED
Mr. Billy Johnston
Taproot Dairy, LLC
752 -Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATIONINOTICE OF INTENT
Compliance Inspection
Taproot Dairy
Facility No.45-2
Henderson County
Permit No. NCA345002
Dear Mr. Johnston:
Enclosed please find a copy of the animal waste inspection conducted at Taproot Dairy on May 3,
2006. Beverly Price of the Asheville Regional Office conducted the compliance inspection.
The inspection revealed several compliance issues relating to records and documentation. They are as
follows. 1) The IRR -2 records were incomplete. Specifically, the PAN balances were not calculated
and not all of the spray irrigation events showed documentation for the 120 -minute irrigation checks.
2) There were no waste analyses for 2005. The waste analysis collected on 4/25/2006 does not cover
the spray events for February 2006. 3) There were no soils analyses for 2005. All of the above are
violations of your NPDES Permit NCA300000.
Our records indicate that your facility was issued a Notice of Violation in May 2005 for record keeping
issues including failure to complete IRR -2 records (no PAN calculations) and no waste analyses. Your
response to the NOV was not received until August 2005. In that response you indicated that waste
analyses had been sent off and that you had contacted an outside source to help with waste application
records. It is apparent that neither of those issues was actually addressed.
This office is considering recommendation for enforcement for the above-cited violations. If you do not
believe that enforcement is appropriate, please include a detailed, written justification of why you feel
that this office should not proceed in this manner. Your response should be submitted within 10 days
of receipt of this notice. Your response will be reviewed and considered prior to any enforcement
action.
tCarolina
ura!!y
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
intertet h2o.enr.st3te nc.us
An Equal Dpparht *1Alfurnative Action Employer — 50% Rec /dedll0% Post Consurner Paper

Mr. Johnston
May 12, 2006
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please see the enclosed inspection report for additional comments and observations. If you have any
questions concerning this matter, please do not hesitate to contact Beverly Price at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Aquifer Protection Supervisor
cc: APS AFO Files
Cindy Safrit— Division of Soil & Water, MRO
APS Central Files
APS ARO Files
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752 Butler Bridge Road
---------------
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Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 450002 Facility Status: Active Permit NCA345002 Denied Access
Inspection Type: Comoli@nce Inspection Inactive or Closed Date:
Reason for Visit: Rmstine County: Henderson _ Region: Asheville
Date of Visit 05!03/2006 Entry Time: 01:30 PM Exit Time: 03:30 PM Incident #:
Farm Name: Taproot Dgiry _ Owner Email:
Owner. joaQt Dairy L -LC
Phone: [phone]
Mailing Address: 752 Butler Bridge Rd ,_ Fl§tcher NC 28732 _
Physical Address:
Facility Status: ❑ Compliant n Not Compliant
Location of Farm:
On Butler Bridge Road immediately east of the French Broad River
Question Areas:
Discharges & Stream impacts
Records and Documents
Certified Operator: William F Johnston
Secondary OIC(s):
Integrator:
Latitude: 35°24'30" Longitude: 82°51'50"
Waste Collection & Treatment Waste Application
Other Issues
Operator Certification Number. 28720
Onsite Representative(s): Name Title Phone
24 hour contact name Bradley Johnston Phone: [phone]
Primary Inspector: Beverly Price Phone: ` �•� 6 -' -C'o
Inspector Signature:-��'-'�" f r'�-�-�� Date:
Secondary Inspector(s):
Page: 1

• 0
Permit: NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number: 450002
Inspection Date: 05/03/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Inspection Summary:
3. Sileage leachate has the potential to reach surface waters. The sileage pits should be monitored to ensure leachate does not
reach surface waters.
7. Grass should be mowed around storage ponds. Secondary storage pond is now being used on an as needed basis. Some solids
have been removed. All solids should be removed if the pond is intended For future use.
21. IRR -2 Forms were partially completed. The PAN balances have not been calculated. Some spray events did not have operators
initials for the 120 minute inspections. Waste transfers should be recorded on the correct form (amount of waste transferred must be
recorded). Waste analysis had been collected on 4/25/2006 butwas not available for review. There were no soils analyses collected
for 2005. Facility was issued an NOV for failure to submit the 2005 Annual Certification Form. Waste application equipment has not
been calibrated but is slated for calibration before 91312006.
Waste plan shoud be updated to reflect the current method of operation (ie no longer using solids seperator, flush system or
secondary waste pond)
A follow-up inspection will be scheduled to ensure record keeping is complete.
Notice of Violation/Nodce of Intent to Enforce for Record Keeping issues will follow.
Page: 2

Permit: NCA345W2 Owner - Facility: Taproot Davy L L C Faciitty Number: 450002
Inspectlon Date: 05/03/2006 tnspectlon Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
Cattle -Milk Cow 1,250 500
Total Design Capacity: 1,250
Total SSLW: 1,750,000
Waste Structures
Type Identifier Closed Date Start Data Designed Freeboard Observed Freeboard
ka ste Pond
PRIMARY
12.00
36.00
ste Pond
SECONDARY
24.00
72.00
Page: 3

Permit: NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number: 450002
Inspection Date: 05/03/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? ❑ ■ ❑ n
Discharge originated at:
Structure ❑
Application Field ❑
Other
a. Was conveyance man-made? ❑ ❑ ■ Cl
b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ■ ❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
❑
■
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
■
Q
n
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
■
❑
n
❑
discharge?
Waste Collection, Storage & Treatment
Yes
No
NA
NE
4. Is storage capacity less than adequate?
n
■
❑
Cl
If yes, is waste level into structural freeboard?
fl
5. Are there any immediate threats to the integrity of any of the structures observed (I.e.1 large trees, severe
❑
000
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑
■
❑
❑
or closure plan?
7. Do any of the structures need maintenance or improvement?
■
❑
❑
❑
S. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
❑
NOU
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
❑
■
❑
❑
improvement?
Waste Application
Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
❑
■
❑
❑
improvement?
11. Is there evidence of incorrect application?
n
■
❑
❑
If yes, check the appropriate box below.
Excessive Ponding?
n
Hydraulic Overload?
❑
Frozen Ground?
1-1
Heavy metals (Cu, Zn, etc)?
I1
Page: 4

Permit: NCA345002 Owner - Facillty: Taproot Dairy L L C
Facility Number: 450002
Inspection Date: 05!0312006 Inspection Type: Compliance Inspection
Reason for Visit. Routine
Waste Application
Yes No NA NE
PAN?
❑
Is PAN > 100/6110 lbs.?
❑
Total P205?
Cl
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
n
Application outside of application area?
❑
Crop Type 1
Com (Silage)
Crop Type 2
Small Grain (Wheat,
Barley. Oats)
Crop Type 3
Fescue (Pasture)
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Bradson
Soil Type 2
Codorus
Soil Type 3
Tommy
Soil Type 4
Delano
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
0 N ® ❑
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑ ■ ❑ ❑
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?
❑ ■ n ❑
18_ Is there a lack of properly operating waste application equipment?
❑ ■ ❑ ❑
Records and Documents
Yes No NA NE
19. Did the facility fait to have Certificate of Coverage and Permit readily available?
❑ ■ ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑ ■ ❑ ❑
If yes, check the appropriate box below.
WUP?
F1
Page: 5

Permit: NCA345002 owner - Facility: Taproot Hairy L L C Facility Number: 450002
Inspection Date; 05/03/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents Yes No NA NE
Checklists? ❑
Design? rl
Maps? ❑
Other? ❑
21. Does record keeping need improvement? ■ !� ❑ ❑
If yes, check the appropriate box below.
Waste Application?
■
120 Minute inspections?
■
Weather code?
❑
Weekly Freeboard?
❑
Transfers?
■
Rainfall?
❑
Inspections after > 1 inch rainfall & monthly?
❑
Waste Analysis?
■
Annual soil analysis?
■
Crop yields?
❑
Stocking?
❑
Annual Certification Form (NPDES only)?
■
22. Did the facility fail to install and maintain a rain gauge?
n
■
❑ n
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
❑
in ❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■
❑
❑ ❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑
■ ❑
26. Did the facility fail to have an actively certified operator in charge?
❑
■
❑ ❑
27. Did the facility fail to secure a phosphorous loss assessment (PEAT) certification?
❑
■
0 ❑
Other Issues
Yes
No
NA NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
❑
■
❑ ❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those
❑
■
❑ fl
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concem? If yes, contact a regional Air
❑
■
❑ ❑
Quality representative immediately.
Page: 6

•
Permit NCA345002 Domer - Facitity: Taproot Dairy L L C
Inspection Date: 05/03/2006 Inspection Type: Compliance Inspection
Facility t UMber : 450002
Reason for Visit: Routine
Other Issues
Yes No
NA
HE
31, Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑ ■
n
❑
32. Did Reviewer/Inspector fail to discuss reviewfinspection with on-site representative?
❑ ■
❑
❑
33. Does facility require a follow-up visit by same agency?
■ ❑
❑
❑
Page: 7

0� W A T,9 _ Michael F. Easley, Govemor
Ora
r-
p�
� — r.� � U William G. Ross Jr., Secretary
r North Carolina Deparvrrent of Environment and Natural Resources
Q `C Alan W. Klimcit, P.E. Director
Division of Water Quality
Aquifer Protection Section
May 12, 2006
CERTIFIED MAIL 7005 0390 0001 3552 5069
RETURN RECEIPT REQUESTED
Mr. Billy Johnston
Taproot Dairy, LLC
752 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Compliance Inspection
Taproot Dairy
Facility No.45-2
Henderson County
Permit No. NCA345002
Dear Mr, Johnston:
Enclosed please find a copy of the animal waste inspection conducted at Taproot Dairy on May 3,
2006- Beverly Price of the Asheville Regional Office conducted the compliance inspection.
The inspection revealed several compliance issues relating to records and documentation. They are as
follows: 1) The IRR -2 records were incomplete. Specifically, the PAN balances were not calculated
and not all of the spray irrigation events showed documentation for the 120 -minute irrigation checks.
2) There were no waste analyses for 2005. The waste analysis collected on 4/25/2006 does not cover
the spray events for February 2006. 3) There were no soils analyses for 2005. All of the above are
violations of your NPDES Permit NCA300000.
Our records indicate that your facility was issued a Notice of Violation in May 2005 for record keeping
issues including failure to complete IRR -2 records (no PAN calculations) and no waste analyses. Your
response to the NOV was not received until August 2005. In that response you indicated that waste
analyses had been sent off and that you had contacted an outside source to help with waste application
records. It is apparent that neither of those issues was actually addressed.
This office is considering recommendation for enforcement for the above -rated violations. If you do not
believe that enforcement is appropriate, please include a detailed, written justification of why you feel
that this office should not proceed in this manner. Your response should be submitted within 10 days
of receipt of this notice. Your response will be reviewed and considered prior to any enforcement
action.
Np_-_ Camlina
turu!!y
North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 S%vannanoa, NC 28778 Phone [phone]
Aquifer Protection Section FAX [phone]
Customer Service 1-877-623-6748
Intemet h2o.ennstate.ne.us
An Equal Opportunity/Aftnative Action Employer — 50% Retyded110% Post consumer Paper

Mr. Johnston
May 12, 2006
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please see the enclosed inspection report for additional comments and observations. If you have any
questions concerning this matter, please do not hesitate to contact Beverly Price at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Aquifer Protection Supervisor
cc: APS AFO Files
Cindy Safrit— Division of Soil & Water, MRO
APS Central Files
APS ARO Files

• •
Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 450002 Facility Status: Active Permit: NCA345002 ❑ Denied Access
Inspection Type: Compliance Inspection Inactive or Closed Date:
Reason for Visit: routine _ County: Hendon _ Region: Ashpyillg
Date of Visit: 05/03/2006 Entry Time:01:30 PM Exit Time: 03:30 PM Incident #:
Farm Name: Taproot. Dairy Owner Email:
Owner: Taproot Dairy L L C Phone: 82"84-4617
Mailing Address: 752 Butler Bridge Rd Fletcher NC 28732
Physical Address:
Facility Status: n Compliant n Not Compliant Integrator:
Location of Farm: Latitude: 35°24'30" Longitude: 82031'50"
On Butler Bridge Road immediately east of the French Broad River
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment Waste Application
Records and Documents Other Issues
Certified Operator: William F Johnston
Secondary OIC(s):
On -Site Representative(s): Name
24 hour contact name Bradley Johnston
Primary Inspector: Beverly Price
Inspector Signature:
Secondary Inspector(s):
Operator Certification Number. 28720
Title
Phone
Phone: [phone]
Phone: �' S ;29 -' Vic;
Date: -/�2 -D ,
Page: 1

• •
Permit NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number: 450042
Inspection Date: 05/03/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Inspection Summary:
3. Sileage leachate has the potential to reach surface waters. The sileage pits should be monitored to ensure leachate does not
reach surface waters.
7. Grass should be mowed around storage ponds. Secondary storage pond is now being used on an as needed basis. Some solids
have been removed. All solids should be removed if the pond is intended for future use.
21. IRR -2 Forms were partially completed. The PAN balances have not been calculated. Some spray events did not have operators
initials for the 120 minute inspections. Waste transfers should be recorded on the correct form (amount of waste transferred must be
recorded). Waste analysis had been collected on 4/25/2006 but was not available for review. There were no soils analyses collected
for 2005. Facility was issued an NOV for failure to submit the 2005 Annual Certification Form. Waste application equipment has not
been calibrated but is slated for calibration before 91312006.
Waste plan shoud be updated to reflect the current method of operation (ie no longer using solids seperator, flush system or
secondary waste pond)
A follow-up inspection will be scheduled to ensure record keeping is complete.
Notice of Violation/Nobce of Intent to Enforce for Record Keeping issues will follow.
Page: 2

V 0 •
Permit: NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number: 450002
Inspection Date: 05103!2006 Inspection Type: Compliance Inspection Reason for Visit. Routine
Regulated Operations Design Capacity Current Population
Cattle
Cattle -Milk Cow 1,250 500
Total Design Capacity: 1,250
Total SSLW: 1,750,000
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
k1ste Pond
PRIMARY
12,00
36.00
kaste Pond
SECONDARY
24.00
72.00
Page: 3

Permit: NCA345002 owner - Facility: Taproot Dairy L L C
Inspection Date: 05/03/2006 Inspection Type: Compfiance Inspection
Discharges & Stream Impacts
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)
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
Facility Number: 450002
Reason for Visit: Routine
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
discharge?
Waste Collection, Storage & Treatment
4. Is storage capacity fess than adequate?
If yes, is waste level into structural freeboard?
Yes No NA NE
n■n❑
Yes No NA NE
n■np
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./large trees, severe
❑
■
❑
❑
erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
❑
6. Are there structures on-site that are not properly addressed and/or managed through a waste management
❑
■
n
n
or closure plan?
7. Do any of the structures need maintenance or improvement?
■
❑
❑
n
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
Q
■
❑
❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
❑
■
❑
❑
improvement?
Waste Application Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
n
■
n
n
improvement?
11. Is there evidence of incorrect application?
❑
■
❑
❑
If yes, check the appropriate box below
Excessive Ponding?
Q
Hydraulic Overload?
❑
Frozen Ground?
Q
Heavy metals (Cu, Zn, etc)?
❑
Page: 4
It

i
• •
Permit NCA345002 Owner - Facility: Taproot Dairy L L C
Facility Number: 450002
Inspection Date: 05/03/2006 Inspection Type: Compliance Inspection
Reason for Visit: Routine
Waste Application
Yes No NA NE
PAN?
❑
Is PAN > 1001d10 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
Com (silage)
Crop Type 2
Small Grain (Wheat.
Barley, Oats)
Crop Type 3
Fescue (Pasture)
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Bradson
Soil Type 2
Codorus
Soil Type 3
Toxawray
Soil Type 4
Delano
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
n ■ ❑ n
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑ ■ ❑ ❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? 0 ■ ❑ ❑
17. Does the facility lack adequate acreage for land application?
n ■ n ❑
1B. Is there a lack of properly operating waste application equipment?
❑ ■ ❑ n
Records and Documents
Yes No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
n ■ n ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑ ■ n ❑
If yes, check the appropriate box below.
WUP?
❑
Page: 5

• • �b
Permit: NCA345002 owner - Facility: Taproot Dairy L L C Facility Number: 450042
Inspection Date: 05103!2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents Yes No NA NE
Checklists? ❑
Design? ❑
Maps? ❑
Other? ❑
21. Does record keeping need improvement? ■ ❑ Cl ❑
If yes, check the appropriate box below.
Waste Application? ■
120 Minute inspections?
■
Weather code?
❑
Weekly Freeboard?
❑
Transfers?
■
Rainfall?
❑
Inspections after> i inch rainfall & monthly?
❑
Waste Analysis?
■
Annual soil analysis?
■
Crop yields?
❑
Stocking?
❑
Annual Certification Form (NPOES only)?
■
22. Did the facility fail to install and maintain a rain gauge?
❑
■
❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
❑
■
❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■
❑
❑
❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑
■
❑
26. Did the facility fail to have an actively certified operator in charge?
❑
■
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
■
Cl
❑
Other Issues
Yes
No
NA
NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAVVMP?
❑
■
❑
❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ■ ❑ 1=1
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air ❑ ■ ❑ ❑
Quality representative immediately.
Page: 6

PE
i •
Permit NCA345002 Owner - Facility: Taproot Dairy L L C Facility Number: 450002
Inspection Date: 0510312006 Inspection Type: Compliance Inspection Reason for Visit Routine
Other Issues Yes No NA NE
31. bid the facility fail to notify, regional DWO of emergency situations as required by Permit? ❑ ■ ❑ 0
32. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? Q ■ 0
33_ Does facility require a follow-up visit by same agency?
■Q❑D
Page. 7

Taproot Dairy L.L.C. i
Page 2
May 5, 2046
enforcement action for siolation of yotr permit, return by May 26, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 26, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000 ,,
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
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
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone]
Sincerely,
G. Landon Davidson, P.G.
Aquifer Protection
Regional Supervisor
cc: APS Enforcement Facility File Henderson County450002
APS Central Files
Division of Soil and Water, Asheville Regional Office
Henderson County Soil and Water Conservation District 999 High
Country Lane Hendersonville, NC 28792
ARO APS File

i
is
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
FILE COPY
Alan W. Klimek, P.E. Director
Division of Water Quality
May 5, 2006
CERTIFIED MAIL 7003 1680 0002 1293 6930$T^I'`
RETURN RECEIPT REQUESTED
Taproot Dairy L.L.C. No\j -tt-
752 Butler Bridge Road NOV*VI&4c�
Fletcher, NC 28732 3
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Taproot Dairy
NPDES Permit No.NCA345002
Henderson County
Dear Taproot Dairy L.L.C.:
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition 111. 12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
tCarolina
llTl7��lf
North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. High Aly 70 Swannanoa, NC 28778
Phone [phone] FAX [phone]
Aquifer Protection Section
Customer Service 1-877-623-6748
Internet: h2o.enr.state.ac.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

:Re: Tap Root Dairy
Subject: Re: Tap Root Dairy
From: Bev Price <Bev.Price@ncmw'l.net>
i Date: Thu, 11 Aug 2005 13:10:32 -0400
To: [e-mail]
Bradley,
I have received your response to the NOV regarding the May 16, 2005 inspection. The only issue that
was not referenced was with regard to 120 minute inspections for spray events (NPDES Permit
Condition H.15.) This inspection must be documented as well. Thank you for your response. If you
should have any questions, please contact me at 828-296-4500.
Beverly Price
BJSROSEnaol.com wrote:
Dear Beverly:
In response to noncompliance # 1 on the matter of our NPDES general permit.
A copy of that has been located and is on file.
I response to noncompliance # 2
WE have made contact with an outside source to install a program to help calculate a program to
better calculate PAN balances for the IRR -2 forms.
I response to noncompliance # 3
Waste analysis has been sent off.
In response to noncompliance # 4
Weather conditions and waste pond inspection after a 1 inch rain, pond inspection calibration of
application rain fall monthly are now being reordered. Crop yields will be recorded. Crop yields will be
recorded for this years harvest. Calibration of application equipment will be done before next
application of waste. We apologize of the delay.
I our response to the N.O.V., unfortunately was due to our negligence.
Thank you,
Bradley Johnston
Bev Price - Bev.Price@ncmai]_.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Aquifer Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Bev Price <Bev.Price aPncmail.net>
NC DENR - Asheville Regional Office
1 of 2 8/11/2005 1:10 PM

COMPLETEit SENDER: DELIVERY
k ■ C -',Aete items 1, 2, and 3, Also,complete — A.
k 4 If Restricted Delivery Is desired" "` - '❑ Agent !
■ Print your name and address an the reverse -" ❑ Addressee !
! so that we can return the card to you.C ihrery ;
■ Attach this card, to the back of the mailpiece, Q kU n 1I
of on the front if space permits.
I 1. Arttde Addressed to: D. is delivery address different tmm Item 17 Yes
I If YES, enter delivery address below: ❑ No
k Taproot Dairy. LLC-
752
LC752 Butler 8669e Road
Fletcher; NG 28732
• RR� CE1VE®
2. Artide Number
Ft 31.
\ (Trarularfrom•servka�-R
is Form 381 �y 3F e ruw
3. service Type !
El Certified Mail ❑ Express Mail 1
❑ Registered '11 Return Receipt for Merchandise I
❑ Insured Mail ❑ C:O.D. i
4. Restricted Delivery? (Exch Fee) ❑ ye$
p3 1680 [1002 1293 69311
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(Endorsement Required)
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Total Postage & Fees
M
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Sent To
Q
Taproot Dairy, LLC
P-
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36ee4 Avg :
752 Butler Bridge Road
orP0Box Iva .
Fletcher, NC 28732
i
City, State. ZlF�4
PS Form :rr June 2002

ap Root Dairy
Subject: Tap Root Dairy
From: BJSROSE@aol_com
Date: Tue, 9 Aug 2005 11:20:30 EDT
To: [e-mail]
Dear Beverly:
In response to noncompliance # 1 on the matter of our NPDES general permit.
A copy of that has been located and is on file.
response to noncompliance # 2
WE have made contact with an outside source to install a program to help calculate a program to better
calculate PAN balances for the IRR -2 forms.
response to noncompliance # 3
Waste analysis has been sent off.
In response to noncompliance # 4
Weather conditions and waste pond inspection after a 1 inch rain, pond inspection calibration of application
rain fall monthly are now being reordered. Crop yields will be recorded. Crop yields will be recorded for
this years harvest. Calibration of application equipment will be done before next application of waste. We
apologize of the delay.
our response to the N.O.V., unfortunately was due to our negligence.
Thank you,
Bradley Johnston
1 of 1 8/9/2005 5:54 PM

O.O� WA t�9QG
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Michael F_ Easley. Governor
William G. Ross Jr., Secretary
' ' North Carolina Deni of Environment and Natural Resources
Alan W. lQimek, P.E. Director
Division of water Quality
AQUIFER PROTECTION
May 16, 2005
CERTIFIED MAIL 7003 3110 0005 2313 1208
1 RETURN RECEIPT REQUESTED
Taproot Dairy, LLC
Mr. Bradley Johnston
208 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
Compliance Inspection
Taproot Dairy, LLC
Permit No. NCA345002
Henderson County
Dear Mr. Johnston:
Asheville Regional office
Enclosed please find a copy of the Inspection Report from the inspection conducted on April 13 and
the follow-up records review on April 28, 2005. Bev Price of the Asheville Regional Office conducted
the Inspection.
The inspection revealed a number of compliance issues relating to records and documentation.
They are as follows: 1.) A copy of the NPDES General Permit was not on site. 2.)Therewereno
IRR -2 records and PAN balances were not calculated. 3.) Waste analyses were not available. 4.)
Items that require documentation: weather conditions, waste pond inspections after a
1 "rainfall/monthly, precipitation events, crop yields, calibration of waste application equipment and
120 minute inspections for spray events. All of the above referenced issues are requirements of the
NPDES General Permit.
Please refer to the enclosed Inspection Report for any additional observation and comments.
To prevent further action, carefully review these violations and deficiencies and respond in writing
to this office within fifteen (15) working days of receipt of this letter. You should address the
causes of noncompliance and all actions taken to prevent the recurrence of similar situations.
2090 U.S. Highway 70, Swannanoa. N.C. 28778 Telephone: [phone] FAX: [phone] Customer Service: 877/623-6748
Carolina
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Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 450002 Facility Status: Aoiyg Permit: NCA345002 ❑ Denied Access
Inspection Type: Compliance Inspection __ _ _ Inactive or Closed Date:
Reason for Visit: Rolging County: Heng2Mon Region: Asheville .
Date of Visit 0411312005 Entry Time: 10700 AM Exit Time: 11:30 AM Incident 0:
Farm Name: Taproot Dairy
Owner Email:
Owner: uproot Dairy L L C
Phone: [phone]
Mailing Address: 752 Butler Bridge Rd_ _ _ __
Fletcher NC 28732
Physical Address:
Facility Status: ❑ Compliant Not Compliant integrator:
Location of Farm: Latitude:
35°24'30" Longitude: 82°37'50"
On Butler Bridge Road immediately east of the French Broad River
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment
Waste Application
Records and Documents ® Other Issues
Certified Operator: William F Johnston
Operator Certification Number. 28720
Secondary OIC(s):
Onsite Representative(s): Name
Title Phone
Primary Inspector: Beverly Price '�j
Phone: 828-29&4500
55
Inspector Signature: /.,lye L�c.trC
Date: S -- /!c
Secondary Inspector(s):
Phone:
Phone:
Inspection Summary:
The inspection consisted of a tour of the facilites, sprayfield and a records review. Records review was conducted on April 28, 2005.
Retards were available for off-site removal of solids. Soil analyses were current (8118104, 11/10104 & 11/22104). IRR -1 records were
complete through 4105. Freeboard Levels: Primary Pond - 12 inches, Secondary Pond - 30 inches. Current Population: 970 milk
cows. Facility has operator stay with spray irrigation equipment at all times rather than install a rainbreaker on irrigation equipment.
There was some evidence of past run-off from the silage storage area- This situation should be monitored to ensure that silage
leachate does not reach surface waters. There were a number of compliance issues relating to records and documentation. They
are as follows: 1.) Need to locate the NPDES General Permit and keep with the records. 2.) There were no IRR -2 records and
PAN balances were not calculated. 3.) 120 minute inspections need to be documented. 4.) Weather codes need to be
documented. 5.) Rainfall needs to be documented. 8.) Waste pond inspections after 1" rainfalllmonthly need to be documented.
7.) Waste analyses were not available. 8.) Crop yields need to be documented. 9.) Need to document calibration of waste
equipment_
Page: i

Permit: NCA -345002 Owner - Facility: Taproot Dairy L L C Facility Number, 450002
Inspection Date: 0414312005 Inspection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
O Cattle -Milk Cow 1,250
Total Design Capacity: 1,250
Total SSLW: 1,750,000
Waste Structures
Type Identifier Closed Date start Date Designed Freeboard Observed Freeboard
ante Pond PRIMARY 12.00
7aste Pond SECONDARY 24.00
Page: 2

Permit: NCA345002 Owner - Facility: Taproot Dairy L L C
i
Facility Number: 450002
Inspection Date: 04/1312005 Inspection Type: Compliance Inspection Reason for Visit: Routine
Diq^baraes & Stream Imoar_ts Yz Nn NA LE
1. Is any discharge observed from any part of the operation? 0 M ❑ ❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
0
a_ Was conveyance man-made?
❑
❑ ❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
.
❑
❑ ❑
c. Estimated volume reaching surface waters?
ct. Does discharge bypass the waste management system? (if yes, notify DWQ)
0
000
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 discharge?
■
Yes
❑ ❑ ❑
NA NE
Waste Collection. Storaae & TEentiL
4. Is storage rapacity less than adequate?
0
Ng
0 0 ❑
If yes, is waste level into structural freeboard?
❑
5- Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe erosion,
©
M ❑ ❑
seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management or
❑
M ❑ ❑
closure plan?
7. Do any of the structures need maintenance or improvement?
❑
0 ❑ ❑
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry stacks
❑
■ ❑ ❑
and/or wet stacks)
9. Does any pari of the waste management system other than the waste structures require maintenance or
❑
M ❑ ❑
improvement?
Yes
No NA NE
Waste AooiicAtion
10. Are there any required buffers, setbacks, or compliance allematives that need maintenance or improvement?
❑
0 ❑ ❑
11. Is there evidence of incorrect application?
0
0 0
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn. etc)?
❑
PAN?
0
Is PAN > 1096110 tbs.?
❑
Total P205?
❑
Failure to incorporate manureisludge into bare soil?
0
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
0
Crop Type 1
Cam (Silage)
Crap Type 2
Small Grain (Wheat,
Barley, Oats)
Crop Type 3
Fescue (Hay, Pasture)
Crop Type 4
Crop Type 5
Page: 3

i
•.
Permit: NCA345002 Owner - Facility: Taproot DairyL L C
Inspection Date: 04113!2005 Inspection Type: Compliance Inspection
Facility Number: 450002
Reason for Visit: Routine
Waste Application
Crop Type 6
YPs
No NA NE
Soil Type 1
Soil Type 2
Soil Type 3
Sail Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan(CAWMP)? ❑
M ❑ ❑
15. Does the receiving crop and/or land application site need improvement?
❑
M ❑ ❑
16. Did the facility fait to secure and/or operate per the irrigation design or wettable acre determination?
❑
0 ❑ ❑
17. Does the facility lack adequate acreage for land application?
❑
■ ❑ ❑
18. Is there a lack of property operating waste application equipment?
❑
Yes
0 ❑ ❑
No NAME
Records and Documents
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
M
❑ ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
■ ❑ ❑
if yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Other?
❑
21. Does record keeping need improvement?
❑ ❑ ❑
If yes, check the appropriate box below.
Waste Application?
120 Minute inspections?
Weather code?
Weekly Freeboard?
❑
Transfers?
❑
Rainfall?
Inspections after > 1 inch rainfall & monthly?
Waste Analysis?
Annual soil analysis?
❑
Crop yields?
Stocking?
❑
Annual Certification Form (NPDES only)?
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
0 ❑ ❑
23. If selected. did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
Cl 0 ❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
M ❑ ❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑ M ❑
26. Did the facility fail to have an actively certified operator in charge?
❑
❑ ❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ ❑
Page: 4

0
• Permit: NCA345002 Owner -f=acility: Taproot Dairy l !_ C Facility Number. 454002
Inspection Date: 04/13/2005 Inspection Type: Compliance Inspection Reason for Visft: Routine
01barlssueg YCs No NA NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ 0 ❑ ❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those mortality ❑ M ❑ ❑
rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air Quality ❑ ■ ❑ ❑
representative immediately.
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ■ ❑ ❑
32. Did Reviewer/inspector fail to discuss reviewfinspection with on-site representative? ❑ M ❑ ❑
33. Does facility require a follow-up visit by same agency? ❑ ❑ ❑ ❑
Page: 5

'!� A .,
•
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Ouality
June 2, 2004
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED D 2 C E
Taproot Dairy L.L.C.
208 Butler Bridge Road j U N 1 5 2004
Fletcher NC 28732
Re: Notice of Violation WA TER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Devices to Automatically Stop Irrigation Events
Taproot Dairy
NCA345002
Henderson County
Dear Taproot Dairy L.L.C.:
This letter is to notify you that the subject facility is in violation of its General Permit
NCA345002 Condition H.16.
Your NPDES Permit Number NCA345002 Condition IL 16 states:
"Within one hundred and twenty (120) days of the effective date of a COC issued under
this permit, the Permittee shall install, operate and maintain devices on all irrigation
pumps/equipment designed to automatically stop irrigation activities during precipitation -
This condition does not apply to manure spreaders or other equipment pulled by manned
vehicles.
The Permittee will not be required to install, operate and maintain the devices if the
Pennittee commits to provide for the presence of the OTC or the designated backup OIC
at all times during the land application of waste. This commitment must be submitted in
writing to the Division prior to the 120th day following, the effective date of the COC on a
form supplied by, or approved by, the Division.
On 3/30/2004, you received a letter from the Division of Water Quality (DWQ) advising you of
the requirements of your permit. DWQ still has not received notification of your commitment
on this matter.
6
1"Aw
NWENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-677-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St
Raleigh, North Carolina 27699-1617 State Courier ;#52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Alfinnative Action Employer
50% recycled/ 10% postconsumer paper
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Taproot Dairy L.L_C_
Page 2
6/2/2004
To avoid possible enforcement action for a violation of your permit, please fill out the attached
form, and return it within fifteen (15) days to the following address:
Keith Larick
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
PIease 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 Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Keith Larick at
[phone] ext. 571 or the Asheville Regional Office at [phone].
Sincerely,
Jeff Poupart
Non -Discharge Compliance & Enforcement
cc: Facility File 45-2
Asheville Regional Office
Central Files

r1
LJ
State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P -E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
December 22, 2003
CERTIFIED MAIL -RETURN RECEIPT REQUESTED -
Mr. Bradley Johnston
Taproot Dairy, L.L.C.
298 Butler Bridge Road
Fletcher, North Carolina 28732
0 . /_ K_ �__
.&V0.VVW'A
ow
NCDENR
EtVVlRCNM Ni ARID NAuRAL FtEr_9QURCES
Subject: NOTICE OF VIOLATION
Permit Number AWC450002
Taproot Dairy, L.L.C.
Henderson County
On December 22, 2003 Mr. Roy Davis with the Asheville Regional Office observed that the
waste level in the secondary animal waste pond serving Taproot Dairy was within the storm
storage and possibly the structural freeboard. Animal waste was at a similar level in the primary
pond. You have an emergency situation and need to act accordingly. You have had
conversations this fall with Mr. Davis about bringing in a contractor to remove waste from both
ponds. We expected that to have occurred by now.
NPDES Permit Number NCA300000 under which Certificate of Coverage NCA345002 was
issued to Taproot Dairy requires that the maximum waste level in storage ponds shall not exceed
that specified in your CAWMP and that the permittee shall report by telephone within 24 hours of
first knowledge that storage capacity is not being maintained in accordance with Section V_3. of
the Permit.
Your CAWMP stated that the secondary pond shall be empty by December. The secondary
-pond on December 22, 2003 was approximately 12" below the top of the dam which is a clear
violation of NPDES Permit Number NCA300000, Section V.3. You did not report failure to
maintain adequate storage capacity in the secondary waste storage pond in accordance with the
54 Woodfln Place, Asheville North Carolina 2.8801 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Bradley Johnston
Page 2
December 22, 2003
Requirements of Section III. 11. a of the same permit.
These violations of NPDES Permit Number NCA00000 and any others occurring at Taproot Dairy
are subject to assessment of civil penalties. Should you not immediately bring animal waste
levels in the two storage pontis into compliance with your CAWMP we find it appropriate to
assess civil penalties for these and other violation of NPDES Permit Number NCA300000
occurring at Taproot Dairy.
Please feel free to call Mr. Roy Davis at 1-828-251-6208 should you have questions or need to
discuss this matter in greater detail.
Xc: Roy Davis
8
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Sincerely,
Tyl�
R!�)el
C -re
Forrest . Westall
Regional Supervisor
G F F
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Postage
Certified Fee
$
Return Receipt Fee
[Endorsement flequired}
Restricted Delivery Fee
(Endorsement Required)
Postmark
Here
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C3 Tota! Postage & Fees
Ln ',V^t To MR. BRAD -.LEY JOHN. TONT
"'=s�reet, a #? TAP )OT DAIRY
----------------
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4 s:g�2�8 St1TLER RIDGE }SOA
4
r-FLETCHER, NC 28732
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina 40
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Division of Water Quality
WATER QUALITY SECTION
May 12, 2003
Mr. Bradley Johnston
Tap Root Dairy, Inc.
205 Butler Bridge Road
Fletcher, North Carolina 28732
WA
NCDENFZ
NORTH CAROLINA DEPARTHEMY OF
E.NViRONMENT ANP NArUR4,L RESpURGES
Subject: NOTICE OF VIOLATION
Tap Root Dairy, Inc
Facility Number 45-2
Animal Waste Management System
Henderson County
Dear Mr. Johnston:
1
On May 6, 2003 a member of the staff of this office observed the level of animal waste in the
larger lagoon serving Tap Root Dairy to be approximately 6 inches below overflowing which is
greater than the maximum allowed by NPDES Permit Number NCA300000. Section V. 3 -of that
permit requires that a 12- inch structural freeboard plus a freeboard necessary to store the 25 -year,
24-hour storm must always be maintained. In the case of your large lagoon this means that a
freeboard of at least 24 inches must always be available. You are therefore in violation of the
freeboard requirements of NPDES Permit Number NCA300000.
I realize that the winter of 2002-2003 has been wetter than we have become accustomed to
over the last few years of drought. However, in terms of precipitation, the winter of 2002-2003 is
what we normally should expect. If we now returning to normal precipitation, permittees who
manage waste by storage and land application must pay close attention to such rainfalls and their
effect on lagoon levels.
I understand you hope to gain access to Cost Share money to construct an additional lagoon
and expand your spray field and we support your efforts. We appreciate the hard work Tap Root
59 Ww dfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post -consumer paper

Bradley Johnston • •
May 12, 2003
Page Two
puts into managing animal waste. As soon as we get a break in the weather go ahead and hire a
man lift (cherry picker) and set gauge stakes in both lagoons. The stakes should indicate the start
pump and top of dam elevations. Jeff Young has in the past indicated that he is available to use a
level to assist you in setting a gauge stake. Should you need to discuss this Notice of Violation
please do not hesitate to call Mr. Roy Davis at 828-251-6208.
Sincerely,
r
est Westall
Water Quality Regional Supervisor
xc:
Jeff Young
Bob Carter
Roy Davis
TAP ROOT NOV.03
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina •
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Acting Director
Division of Water Quality
WATER QUALITY SECTION
April 16, 2003
Mr. Bradley Johnston
Tap Root Dairy, Inc.
205 Butler Bridge Road
Fletcher, North Carolina 28732
L
A 1 W7
P 05%
�f
NCDENR
NORTH CAROLINA DEPARTMENT oP'
ENVIRONMENT AND NATURAE. ResouRcES
Subject: NOTICE OF VIOLATION
Tap Root Dairy, Inc.
Certification Number AWC450002
Henderson County
Dear Mr. Johnston:
On April 12, 2003 animal waste was observed being land applied at Tap Root Dairy during
a rainfall event while the application site was snow covered. Natural Resource Conservation Service
Standards which are incorporated into General Permit AWG200000 by reference prohibit the
application of animal waste during a rainfall event. Tap Root Dairy is therefore in violation of the
requirements and limitations of General Permit AWG200000.
On April 14, 2003 you toured the land application site with Mr. Roy Davis of this office. It was
Mr. Davis' determination that no animal waste left the application field_ North Carolina General
Statute 143-215.6A(a)(2) provides for a civil penalty up to $25,000.00 for violation of a permit
required by General Statute 143-215.1(a). As I get the opportunity'l am reminding all dairy farmers
that General Permit AWG200000 has among its provisions the requirement that lagoon levels be
recorded weekly. Additionally any time the lagoon levels gets higher than the Start Pump level you
must, within 24 hours, report that fact to this Regional Office by telephone. The Start Pump level for
your wastewater pond is 24 inches below the top of the dam and the Start Pump level for your slurry
pond is 20 inches below the top of the dam.
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Bradley Johnston •
April 16, 2003
Should you have need to discuss this Notice of Violation please do not hesitate to call Mr.
Davis at 828-251-6208.
Sincerely,
arrest estall
Water Quality Regional Supervisor
xc: Roy Davis
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity. Affirmative Action Employer 50% recycled/10% past -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Acting Director
Division of Water Quality
WATER QUALITY SECTION
April 16, 2003
Mr. Bradley Johnston
Tap Root Dairy, Inc.
205 Butler Bridge Road
Fletcher, North Carolina 28732
AT4
i��
•
f
NCDENR
}NORTH CAROLINA DEPARTMENT OF
ENVIRONHENT AND NAT -URAL REffiOuFiCr5
Subject: NOTICE OF VIOLATION
Tap Root Dairy, Inc.
Certification Number AWC450002
Henderson County
Dear Mr. Johnston:
On April 12, 2003 animal waste was observed being land applied at Tap Root Dairy during
a rainfall event while the application site was snow covered. Natural Resource Conservation Service
Standards which are incorporated into General Permit AWG200000 by reference prohibit the
application of animal waste during a rainfall event. Tap Root Dairy is therefore in violation of the
requirements and limitations of General Permit AWG200000.
On April 14, 2003 you toured the land application site with Mr. Roy Davis of this office. It was
Mr. Davis' determination that no animal waste left the application field. North Carolina General
Statute 143-215.6A(a)(2) provides for a civil penalty up to $25,000.00 for violation of a permit
required by General Statute '143-215.1(a). As I get the opportunity'l am reminding all dairy farmers
that General Permit AWG200000 has among its provisions the requirement that lagoon levels be
recorded weekly. Additionally any time the lagoon levels gets higher than the Start Pump level you
must, within 24 hours, report that fact to this Regional Office by telephone. The Start Pump level for
your wastewater pond is 24 inches below the top of the dam and the Start Pump level for your slurry
pond is 20 inches below the top of the dam.
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Bradley Johnston
April 16, 2003
Should you have need to discuss this Notice of Violation please do not hesitate to call Mr.
Davis at 828-251-6208.
Sincerely,
arrest . Westall
Water Quality Regional Supervisor
xc: Roy Davis
59 Woodtin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

�0� W ATF9QG Michael F. Easley
C,
Governor
William G. Ross, Jr.
North Carolina Department of Environment and Natural Resources
4 Alan W. Klimek, P.E., Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
Apri18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bradley Johnston
Taproot Dairy L. L. C.
208 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: Notice of Violation
Irrigation During Inclement Weather
Facility 45-2
Permit Number: AWC450002
Henderson County
Dear Mr. Johnston:
On March 15, 2003, Kevin Barnett of my staff observed Taproot Dairy, L.L.C. violating it's State
issued General Permit. The following violations were noted:
♦ Permit Condition 1. 2. States that the "CAWMP is hereby incorporated by reference into this
general permit" and that "any violation of the CAWMP shall be considered a violation of this
general permit and subject to enforcement actions. A violation of the General Permit may
result in the Permittee having to take immediate or long term corrective action(s) as required
by the Division of Water Quality. These actions may include modifying the CAWMP, ceasing
land application of waste, or removing animals from the farm." As the CAWMP is based on
NRCS standards and that these standards prohibit the application of waste during inclement
weather, the irrigation of animal waste observed by Mr. Barnett on the aftemoon of March
15th, 2003 is a violation of your State issued permit.
Should Taproot, L.L.C. have justification for irrigating animal waste during a precipitation event,
written justification should be submitted within 10 days of receipt of this letter to my attention- at
the Asheville Regional Office at the address listed at the bottom of the letterhead. Such written
justification will be considered in determining the extent of enforcement that this office will pursue
in regards to the above documented matters
firiAn
Water Quality Section, 59 Woodfin Place Asheville, IVC 28801-2414 Telephone: [phone] Customer Service
Fax: [phone] 623-7748

Taproot L.L.C.
Page 2.
It should be noted that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2), may be assessed
against a person who violates the terms, conditions or requirements of a permit required by
N.C.G.S. 143-215.1(a).
Should you have any questions regarding this matter, please do not hesitate to contact Mr.
Kevin Barnett or Mr. Roy Davis at 828-251-6208.
Sincerely,
�1 r
Forrest R. Westall,
Water Quality Regional Supervisor
cc: Non -Discharge Compliance 1 Enforcement Unit
Mr. Jeff Young, Division of Soil & Water

• F 1N A 7-F � • "
`ot� 9pG Michael F_ Easley
Governor
William G. Ross, Jr.
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Asheville Regional office
WATER QUALITY SECTION
April 8, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bradley Johnston
Taproot Dairy L. L. C.
208 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: Notice of Violation
Irrigation During Inclement Weather
Facility 45-2
Permit Number. AWC450002
Henderson County
Dear Mr. Johnston:
On March 15, 2003, Kevin Barnett of my staff observed Taproot Dairy, L.L.C. violating it's State
issued General Permit. The following violations were noted:
♦ Permit Condition i_ 2. States that the "CAWMP is hereby incorporated by reference into this
general permit" and that "any violation of the CAWMP shall be considered a violation of this
general permit and subject to enforcement actions. A violation of the General Perrnit may
result in the Permittee having to take immediate or long term corrective action(s) as required
by the Division of Water Quality. These actions may include modifying the CAWMP, ceasing
land application of waste, or removing animals from the farm." As the CAWMP is based on
NRCS standards and that these standards prohibit the application of waste during inclement
weather, the irrigation of animal waste observed by Mr. Bamett on the afternoon of March
15th, 2003 is a violation of your State issued permit.
Should Taproot, L.L.C. have justification for irrigating animal waste during a precipitation event,
written justification should be submitted within 10 days of receipt of this letter to my attention at
the Asheville Regional Office at the address listed at the bottom of the letterhead. Such written
justification will be considered in determining the extent of enforcement that this office will pursue
in regards to the above documented matters
NODW
Water Quality Section, 59 Woodfiin Place Asheville, NC 28891-2414 Telephone: [phone] Customer Service
Fax [phone] 823-7748

Taproot L.L.C. •
Page 2.
It should be noted that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2), may be assessed
against a person who violates the terms, conditions or requirements of a permit required by
N.C.G.S. 143-215.1(a).
Should you have any questions regarding this matter, please do not hesitate to contact Mr.
Kevin Barnett or Mr. Roy Davis at 828-251-6208.
Sincerely,
Forrest R. Westall,
Water Quality Regional Supervisor
cc: Non -Discharge Compliance 1 Enforcement Unit
Mr. Jeff Young, Division of Soil & Water
i
1
Er
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� Postmark i
Return Receipt Fee Here j
�. (Endorsement Required)
f
17 Restricted Delivery Fee
{EndorsementntRequired)
C3 Total Postage d Fe" $
�
�e�t To MR. BRADLEY JOHNSTON
TAP ROOT DAIRY
sneer, �
.205 BUTLER BUTLER RIDGE ROAD -----------------
C3 CPL, Sta
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Mr. Bradley Johnston
Tap Root Dairy
205 Butler Bridge Road
Fletcher, North Carolina 28732
Dear Mr. Johnston:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E, Director
Division of Water Quality
Asheville Regional office
WATER QUALITY SECTION
August 27, 2002
Subject: NOTICE OF VIOLATION
Tap Root Dairy
Facility 45-2
Permit Number AWC450002
Henderson County
Attached is the report resulting from Mr. Roy Davis' August 22, 2002 inspection of the
animal waste management system serving Tap Root Dairy. He observed lagoon levels of liquid
and solid animal waste sufficiently high that pumping of both lagoons needs to continue. So that
our file will be complete, please -let me know when the solids separator is back in service.
This inspection report is being sent out with a Notice of Violation as a cover. The following
violations of the requirements contained in Permit Number AWC450002 were observed during
the inspection or subsequent file review:
(9) The maximum waste level in the liquid lagoon exceeded the level specified in your.
Certified Animal Waste Management Plan as required by section V.5 of the permit.
Waste in the liquid lagoon was above the top of the influent wastewater pipe.
(2) Waste level gauges were not installed within 60 days of issuance of your Certificate of
Coverage as required by section 1I11.2 of your permit. Certificate of Coverage Number
AWC450002 was issued on August 8, 2000. Additionally lagoon levels are not being
recorded weekly which is a requirement of the same section.
(3) Annual Standard soil Fertility Analysis for the application field has not been conducted
as required by section 111.3 of your permit.
(4) Analysis of the animal waste have not been conducted within 60 days of application as
required by section 111.4 of your permit.
(5) Section V.2 of your permit requires that your animal waste management system be
operated by or under the supervision of a properly certified Operator in Charge (OIC).
You have previously indicated Mr. Jeff Young as the OIC for the Tap Root animal

' � a
Bradley Johnston
August 27, 2002
Page Two
waste management system. In discussing this matter with Mr. Young, however, we
discover that he has no operational control over the system. Please designate a
certified OIC for the system who in fact has or will have operational control. Attached is
a copy of the appropriate designation form. Please return the completed form to our
Technical Assistance and Certification Unit at the indicated address. By copy of this
Notice I am suggesting that Mr. Young inform the same Unit in writing that he is not
involved with the operation of the Tap Root animal waste management system.
(6) Records of land application events and removal of solids are not being maintained in
accordance with the requirements of section 111.5 of your permit. I am informed that
much of the written material required to be made available during an inspection was
assembled in loose leaf book form but could not be located at time of inspection.
Please inform Mr. Davis as soon as a new book is assembled so that a reinspection
can be scheduled. You did have available the raw data however the raw data stops
short of allowing you to track plant available nitrogen application for the spray fields.
Your farm does a decent job of management of animal waste in terms of keeping the
waste out of streams and making beneficial use of the nutrients. It is time that you start keeping
animal waste application and other records of the same quality as the milk production records you
maintain. During the inspection Mr. Kevin Barnett told you that he would try to find a computer
program that would help you to maintain waste application records. Kevin will let you know what
he can come up with.
You need to move forward on correcting the above issues quickly. The North Carolina
General Statutes provide civil penalties for the violation of conditions of NPDES Permits. I am
instructing Mr. Davis to recommend to the director of the Division of Water Quality, the
assessment of civil penalties against Tap Root Dairy for permit violations if these violations are
not corrected in the near future. By copy of this letter, I am informing Ms. Beth Buffington. with the
Training and Certification Unit of the need for Tap Root Dairy to designate an OIC who actually
has responsibility for day to day management of the animal waste system_ I encourage you to
call Mr. Roy Davis at 828-251-6208 if you need to discuss this Notice of violation.
Sincerely,
v4'
orrest R. Wes 11
Water Quality Regional Supervisor
xc: Beth Buffington
Jeff Young
Roy Davis
Kevin Barnett
Bob Carter

Visit. p Compliance Inspection p Operation Review p Lagoon Evaluation
for Visit p Routine p Complaint p Follow up p Emergency Notification p Other p Denied Access
Facility Number Date of "'isir: 8/22/2002 Time: 0930
p Not Operational p Below Uhreshold
■ Permitted a Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: ---- __--
Farm Name: Tap Root Dairy County: lEerstap,.. • ••••••,.•-, ._ W , AgQ
Owner Name: TapRoot Dairy L.L. C. Phone No: (828) 6844617
Mailing Address: 205.Butk"xidgeSraad---_- ..-----•---.. _.. ___ _ _ jFktchc
Facility Contact: . 11radl ..Iflhustnn....w....._...._.._ ..._....Title:...PartneL . _---- --- Phone No: ... cckf-774-J1911 _.
Onsite Representative: .. Brad ley .�IRhmstnn...._�.-•-.- .. Integrator :......................
Certified Operator: deffrcXJL_........_.....___Yonne .__._. ....._._____.__. Operator Certification Number!2L3.73 ..... _. ..
Location of Farm:
p Swine p Poultry ® Cattle p Horse Latitude ©• ®' ®u Longitude ®• ®u
Discharges & Stream Impacts
1. is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: 0 Lagoon p Spray Field p Other
a- If discharge is observed, was the conveyance man-made? p Yes p No
b, if discharge is observed, did it reach Water of the State? (if _yes, notify DWQ) O Yes p 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) p Yes p No
2. Is there evidence of past discharge from any part of the operation?
p Yes N No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 13 Yes N No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? p Spillway ® Yes p No
Structure I Strucnire 2 Structure a Structure 4 Structure 5 Structure 6
identifier: . w_Sufis........_
Freeboard (inches)-
Discharges
inches)

Facility Number: 45_2 i)..- ;;r ilrypi tion
5. Are there any immediate threats to the integrity of any of the structures observed? (iel 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?
11. Is there evidence of over application? p Excessive Ponding p PAN p Hydraulic Overload
12. Crop type Sudex (Silage)
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? In Yes p No
14. a) Does the facility lack adequate acreage for land application? p Yes ® No
b) Does the facility need a wettable acre determination? p Yes ® No
c) This facility is pended for a wettable acre determination? p Yes N 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?
p Yes ® No
p Yes N No
N Yes p No
® Yes p No
N Yes p No
p Yes N No
N Yes p No
Cl Yes ®No
p Yes ®No
N Yes p No
25. Were any additional problems noted which cause noncompliance of the Certified A WMP? 13 Yes N No
in No violations or deficiencies were noted during this visit You will receive no further correspondence about is vast
E3 Melo t.opy
4. Both the solids lagoon and the liquid lagoon appeared to be in the storm storage freeboard.
9. Neither the solids nor the liquid lagoon are equipped with adequate elevation markers.
13. Sudex needs to be added to the waste plan.
17, 18 & 19. The loose leaf notebook containing Certifications, Waste Management Plans, analyses, results of soil testing and
ipplication records was not available.
21, The currently designated OIC has no operational responsibility for the animal waste management system.
Reviewer/Inspector Name
Reviewer inspector Signature: Date:
-w
p Yes
® No
p Yes
® No
13 Yes
®No
13 Yes
®No
N Yes
p No
13 Yes
In No
p Yes
ig No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? In Yes p No
14. a) Does the facility lack adequate acreage for land application? p Yes ® No
b) Does the facility need a wettable acre determination? p Yes ® No
c) This facility is pended for a wettable acre determination? p Yes N 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?
p Yes ® No
p Yes N No
N Yes p No
® Yes p No
N Yes p No
p Yes N No
N Yes p No
Cl Yes ®No
p Yes ®No
N Yes p No
25. Were any additional problems noted which cause noncompliance of the Certified A WMP? 13 Yes N No
in No violations or deficiencies were noted during this visit You will receive no further correspondence about is vast
E3 Melo t.opy
4. Both the solids lagoon and the liquid lagoon appeared to be in the storm storage freeboard.
9. Neither the solids nor the liquid lagoon are equipped with adequate elevation markers.
13. Sudex needs to be added to the waste plan.
17, 18 & 19. The loose leaf notebook containing Certifications, Waste Management Plans, analyses, results of soil testing and
ipplication records was not available.
21, The currently designated OIC has no operational responsibility for the animal waste management system.
Reviewer/Inspector Name
Reviewer inspector Signature: Date:

ANIMAL WASTE MANAGEMENT SYSTEM
OPERATOR IN CHARGE
DESIGNATION FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: County:
OPERATOR IN CHARGE
Home Mailing Address
City State
Certificate # Social Security #
Work Phone Home Phone
Signature
BACKUP OPERATOR (Optional):
Home Mailing Address
City State
Certificate # Social Security #
Work Phone Home Phone
Signature
Zip
Date
Zip
Date
OWNER
Mailing Address City
State Zip Telephone#
Signature Date
Please Mail to: WPCSOCC
Division of Water Quality
1618 Mail Service Center
Raleigh, N.C. 27699-1618

acf r y Number: 45_29/22/2002
0 . Continued
i)�Ilt Ui, ilk l]c4'1:C7i7
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below E3 Yes p No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? p Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, (3 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? [3 Yes N No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fart blade(s), inoperable shutters, etc.) p Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? - p Yes N No
32, Do the flush tanks lack a submerged fill pipe or a permanent/tempormy cover? [3 Yes p No
ru 17-
I=
O Postage $
ca
--0 Certified Fee
cc Postmark
Return Receipt Fee Here
n.! , (Endorsement D Required} � P
Q Restricted Delivery Fee
Q (Endorsement Required
' C3 - Total Paz"* d Fees
Q.
,, ro MR. BRADLEY JOHNSTON
C3Street;. TAP ROOT DAIRY ------------------
0 245 BUTLER RIDGE ROAD
CI Cry, Sr
FLETCHER, NC 25732
I
l ■ Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired:
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
f 1. Article Addressed to:
I
I
t�
Irj1R. FARAD- EY JOHNSTON
TAP ROOT t)AIRY
a Eii1TLER RIDGE ROAD
f:1 -ETCHER, NC 28732
N E
x3
R
A. ived by (Pleas Pi t
,C U Sa11 Son
C. Sian2tnm I _
X
D. Is delivery address diffc
If YES" enter delivery a
B.
❑ Agent
n item 1? Cl Yes
below: ❑ No
3. Sery ype
Certified Mail ❑ Ex
❑ Registered W41eturn
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee
!;, 04 ' " M-Eo�' OEI
PS Form 3811, July 1999 Domestic Retum Receipt
07—,
ssee
Y E
Mail
Receipt for Merchandise
❑ Yes J f
102595-99-M-1789
T

Mr. Bradley Johnston
Tap Root Dairy
205 Butler Bridge Road
Fletcher, North Carolina 28732
Dear Mr. Johnston:
Michael F_ Easley, Governor
William G. Ross. Jr.. Secretary
North Carolina Departrnent of Envirownent and Natural Resources
Alan W. Klimek. la.E.. Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
August 27, 2002
Subject: NOTICE OF VIOLATION
Tap Root Dairy
Facility 45-2
Permit Number AWC450002
Henderson County
Attached is the report resulting from Mr. Roy Davis' August 22, 2002 inspection of the
animal waste management system serving Tap Root Dairy. He observed lagoon levels of liquid
and solid animal waste sufficiently high that pumping of both lagoons needs to continue. So that
our file will be complete, please let me know when the solids separator is back in service.
This inspection report is being sent outwith a Notice of Violation as a cover. The following
violations of the requirements contained in Permit Number AWC450002 were observed during
the inspection or subsequent file review:
(1) The maximum waste level in the liquid lagoon exceeded the level specified in your.
Certified Animal Waste Management Plan as required by section V.5 of the permit.
Waste in the liquid lagoon was above the top of the influent wastewater pipe.
(2) Waste level gauges were not installed within 60 days of issuance of your Certificate of
Coverage as required by section 111.2 of your permit. Certificate of Coverage Number
AWC450002 was issued on August 8, 2000. Additionally lagoon levels are not being
recorded weekly which is a requirement of the same section.
(3) Annual Standard soil Fertility Analysis for the application field has not been conducted
as required by section 111.3 of your permit.
(4) Analysis of the animal waste have not been conducted within 60 days of application as
required by section 111.4 of your permit.
(5) Section V.2 of your permit requires that your animal waste management system be
operated by or under the supervision of a property certified Operator in Charge (01C).
You have previously indicated Mr. Jeff Young as the OIC for the Tap Root animal

Bradley Johnston
August 27, 2002
Page Two
waste management system. In discussing this matter with Mr_ Young, however, we
discover that he has no operational control over the system. Please designate a
certified OIC for the system who in fact has or will have operational control. Attached is
a copy of the appropriate designation form. Please return the completed form to our
Technical Assistance and Certification Unit at the indicated address. By copy of this
Notice I am suggesting that Mr. Young inform the same Unit in writing that he is not
involved with the operation of the Tap Root animal waste management system.
(6) Records of land application events and removal of solids are not being maintained in
accordance with the requirements of section 111.5 of your permit. I am informed that
much of the written material required to be made available during an inspection was
assembled in loose leaf book form but could not be located at time of inspection.
Please inform Mr. Davis as soon as a new book is assembled so that a reinspection
can be scheduled. You did have available the raw data however the raw data stops
short of allowing you to track plant available nitrogen application for the spray fields.
Your farm does a decent job of management of animal waste in terms of keeping the
waste out of streams and making beneficial use of the nutrients. It is time that you start keeping
animal waste application and other records of the same quality as the milk production records you
maintain. During the inspection Mr. Kevin Barnett told you that he would try to find a computer
program that would help you to maintain waste application records. Kevin will let you know what
he can come up with.
You need to move forward on correcting the above issues quickly. The North Carolina.
General Statutes provide civil penalties for the violation of conditions of NPDES Permits. I am
instructing Mr. Davis to recommend to the director of the Division of Water Quality, the
assessment of civil penalties against Tap Root Dairy for permit violations if these violations are
not corrected in the near future. By copy of this letter, I am informing Ms. Beth Buffington with the
Training and Certification Unit of the need for Tap Root Dairy to designate an OIC who actually
has responsibility for day to day management of the animal waste system. I encourage you to
call Mr. Roy Davis at 828-251-6208 if you need to discuss this Notice of violation.
Sincerely,
Wefsta011o
orrest R.
Water Quality Regional Supervisor
xc: Beth Buffington
Jeff Young
Roy Davis
Kevin Barnett
Bob Carter

Dile of Visit: 8/22/2002 Thne: 0930
Facility Number
p Not OperaZional p Below lVeshold
Permitted N Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: ••---•-•--
Farm Name: Tap Root Dairy County: H.ealdeason...__---- ---..-------- ARO -----
Owner Name: TapRoot Dairy L.L. C. Phone No: [phone]
Mailing Address: 2it5.Bather3Kjd.geRaad....__.....-.--.......-...._....... -.--------. F1etcher..1!IG... ,-..-------.---.- 28232.........
Facility Contact: —Bradley-Johnstau.........--- ..----...._.. ----- Title: ... Partner ...... ............. _......_......- Phone No: ... te11.S28-7-74-1].91i...... -
On site Representative:-.Sradicy.lDhostan._.__........... ............... ....._......................... Integrator: ..... ......................
Certified Operator: Jeffrey-lI .- .......... ..-.­._- .y..oung ..._................. -.......... . Operator Certification
Location of Farm:
E] Swine p Poultry N Cattle p horse ' Latitude ©. ®' ®" Longitude
u. 4 r-• it r "-r7..'."1 y�i a,-urxc 1 i' e n . y .,nA�— ..i ,
x. sh 4 bkyDeSlg7l rCElYrlrn� -s`� �s+£:k. 9 fziiI�i,
SSW E£tf"a�?q SCI PO,lZ1atIQII nP(}Illry° ° .Ca ACI PCI IatfnNG`lttE r a<+ U n
V.
P„ ,sE iat14
can to ee erayer 4 any 1000
��. ee er to ::. p on- ayer ~ p on- eery
s arrow to can Other �"3 i
13 Farrow to F er _ F ��yon Ad N � �, -
Farrow to Finish -i ; `rMil
TotaliDestgtt�C*apaetfy� 1,000
Gilts I� ; n
-a - F
'
W 13 a =f S� 000T Boars 0 ;
�
� �i�inmiier ftLa ot►ns
~"1. Subsurface Brains resentagooQ rea pray ce rea
olds nuds� SO s o aqui Waste Management System
u.�
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? © Yes W No
Discharge originated at: ❑ Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? p Yes p No
b. if discharge is observed, did it reach Water of the State? (if yes, notify DWQ) r Yes p 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 p No
2. Is there evidence of past discharge from any part of the operation? p Yes M No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? p Spillway ® Yes p No
Structure i Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: Solids Liuuid------------ - -- -- ___- - ---__- - __ __------__- --
Freeboard (inches):

Facility Number: 45_2
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? (If any of questions 4-6 was answered yes, and the situation poses an
[]Yes
N No
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
® No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
® No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
® Yes
❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
N No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
® No
12. Crop type Sudex (Silage)
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
N Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
N No
b) Does the facility need a wettable acre determination?
p Yes
® No
c) This facility is pended for a wettable acre determination?
❑ Yes
N No
15. Does the receiving crop need improvement?
❑ Yes
®No
16. Is there a lack of adequate waste application equipment?
❑ Yes
N No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
® Yes
p No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) N Yes ❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) M Yes ❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N No
21. Did the facility fail to have a actively certified operator in charge? N Yes ❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes N No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes M No
24. Does facility require a follow-up visit by same agency? IS Yes El No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N No
in No violations or defictencies were noted during this visit You Will receive no lurther correspondence about this visit.
13 r1e1Q %-Opy
4. 13oth the solids lagoon and the liquid lagoon appeared to be in the storm storage freeboard.
9. Neither the solids nor the liquid lagoon are equipped with adequate elevation markers.
13. Sudex needs to be added to the waste plan.
17, 18 & 19. The loose Ieaf notebook containing Certifications, Waste Management Plans, analyses, results of soil testing and
application records was not available.
21. The currently designated OIC has no operational responsibility for the animal waste management system.
Reviewer/Inspector Name Ro"D pis �`A �
56Reviewertinspector Signature: Date: 10

OSIO3/D1
Facility Number: 45_2 Date, of 111specl,"un
Continued
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below p Yes p No
liquid level of lagoon or storage pond with no agitation.)
27. Are there any dead animals not disposed of properly within 24 hours? p Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, 13 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? p Yes ® No
34. 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.) © Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? p Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? p Yes p No

ANIMAL WASTE MANAGEMENT SYSTEM
OPERATOR IN CHARGE
DESIGNATION FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: County:
OPERATOR IN CHARGE
Home Mailing Address.
City
Certificate #
Work Phone
Signature,
State Zip.
Social Security #
Rome Phone
Date
BACKUP OPERATOR (Optional):
Home Mailing Address
City
Certificate #
Work Phone
Signature
OWNER
Mailing Address
State
Signature
Zip
State
Social Security #_
Home Phone
Zip
Date
City_
Telephone#
Date
Please Mail to: WPCSOCC
Division of Water Quality
1618 Mail Service Center
Raleigh, N.C. 27699-1618

NCER
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Mr. Bradley Johnston
Taproot Dairy LLC
208 Butler Bridge Rd.
Fletcher, North Carolina 28732
Division of Soil and Water Conservation
l
September 5, 2001
SURHCT: Operation Review Notice of Referral
William G. Ross Jr., Secretary
Taproot Dairy N f' it gip — 7 201
Facility No. 45-2
Henderson County
Dear Mr- Johnston,
On August 29, an Operation Review was conducted of Taproot Dairy, facility number 45-2. This review, undertaken in
accordance with G.S. 143-215. IOD, is one of two visits scheduled for all registered livestock operations during the 2001 calendar
year.
During the operation review, the following items were noted:
• The irrigation waste storage pond was estimated to be within the structural freeboard at four incites from the top of
dike.
• The solids waste storage pond was estimated to be within the storm storage elevation at twelve inches from the top of
dike.
• Evidence of a discharge of waste -water from the solids separator concrete pad.
• Evidence of a discharge of waste -water from a broken transfer pipe.
• Maximum liquid level markers need to be installed
• Failure to have a waste analysis within 60 days of applications and application rceards were not updated.
• Failure to have weekly waste storage pond levels recorded
• Failure to notify the Division of Water Quality of lagoon levels within the storm storage and struchual freeboard
elevations.
It was for these reasons that your operation was referred to the Division of Water Quality for further investigation and possible
enforcement action. G. S. 143-215. IOE requires me to notify the Division of Water Quality and the owner/operator of these observed
violations.
A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as
discussed are noted in the comment sections
Please remember that in order for your facility to be in compliance with environmental regulations, animal waste cannot be
discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly
sized, maintained and operated under the responsible charge of a certified operator.
919 North Main Street, Mooresville, North Carolina 28115
Phone: [phone] FAX [phone] Internet www.enr.state.nc.us/ENR/
An Equal 4 ! Af rrnatim Action Employer - 50 % Recycled 1 10 % Past Consumer Paper

The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate
to call me at 704/663-1699 ext. 276 if you have any questions, concerns or need additional information.
Sincerely,
Rocky D. ham
Environmental Engineer I
Enclosure
cc_ Henderson Soil and Water Conservation District
i Roy M Davis, D WQ Asheville Regional Office
DSWC Regional Files

74
`mow
NCDENR
r: JAMES H- HUNT JR.
" GDV ERNOR
.;BILL -H01 -MAN
FC.R ETA F?Y
F N
ME,
`a
i 0
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORS MLLE REG16NAL OFFICE
Division of Soil and Water C
August 11, 201)0
Mr. Bradley Johnston
208 Butler Bridge Rd.
Fletcher, North Carolina 28732
Operation Review Notice of Referral
Taproot Dairy
Facility No. 45-2
Henderson County
Dear Mr. Johnston,
On August 8, an Operation Review was conducted of Taproot Dairy, facility no. 45-2. This
Review, undertaken in accordance with G. S. 143-215.10D, is one of two visits scheduled for all
registered livestock operations during the 2000 calendar year.
During the Review, it was noted that I observed a direct discharge of animal waste water. I noted
on the review form that the discharge was due to a temporary power outage and that as far as I could
tell the discharge did not reach surface waters. Also during the review, it was [toted that the storage
capacity of the holding ponds was less than adequate. Since a direct discharge of animal waste and
failure to maintain adequate storage and freeboard in waste holding ponds is a violation of state animal
waste regulations, your operation along with supporting documentation was referred to the Division of
Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me
to notify the Division of Water Quality and the owner/operator of this observed violation.
It is imperative that this problem be eliminated immediately. You are strongly encouraged to
contact your certified technical specialist for help. You may also want to contact your local Soil and
Water Conservation District Office since they may be able to provide you with additional technical
and/or financial assistance to implement corrective best management practices.
Please remember that in order for your facility to be in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal waste
collection, treatment, storage and disposal systems must be properly sized, maintained and operated
under the responsible charge of a certified operator.
The Division of Soil and Water Conservation appreciates your cooperation with this Operation
Review- Please do not hesitate to call the at 704/663-1699 ext. 276 if you have any questions, concerns
or need additional information.
Sincerely,
Rocky D. Durham
Environmental Engineer I
`f Enclosure
�.> cc: Henderson Soil and Water Conservation District
IV
-"� = Roy M. Davis, DWQ Asheville Regional Office
e DSWC Regional Files
rrs-
�� 919 NORTH MA1N STREET, MOORESVIL.LE, NORTH CAROLINA 28115
`x
PfiOmE 704-663-1699 PAX 704-fi53-604U
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

11
]R.
v
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESUURCES
MOORESVILLE REGIONAL OFFICE
Division of Soil and
.t'"' ;1 �
Noa+ember 19, %9tYi
9 '
J
Mr. Bradley Johnston 21
206 Butler Bridge Rd, 0�
Fletcher, North Carolina 28732 I,�tA�l�'!,S,d�RM,
SUBJECT: Operation Review Notice of Referral
Taproot Dairy
Facility No. 45-2
Henderson County
Dear Mr. Johnston,
On November 16, an Operation Review was conducted of Taproot Dairy, facility no. 45-2. This
Review, undertaken in accordance with G.S. 143-215.10D, is one of two visits scheduled for all
registered livestock operations during the 1999 calendar year.
During the Review, it was noted that the waste storage pond was within the structural freeboard. Since
failure to maintain adequate storage and freeboard in waste holding ponds is illegal, your operation
along with supporting documentation was referred to the Division of Water Quality for further
investigation and possible enforcement action. G.S. 143-215.10E requires me to notify the Division of
Water Quality and the owner/operator of this observed violation.
It is imperative that this problem be eliminated immediately. You are strongly encouraged to contact
your certified technical specialist for help. You may also want to contact your local Soil and Water
Conservation District Office since they may be able to provide you with additional technical and/or
financial assistance to implement corrective best management practices.
Please remember that in order for your facility to be in compliance with environmental regulations,
animal waste cannot be discharged into the waters of the State, and the animal waste collection,
treatment, storage and disposal systems must be properly sized, maintained and operated under the
responsible charge of a certified operator.
The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review.
Please do not hesitate to call me at 7041663-1699 ext. 276 if you have any questions, concerns or need
additional information.
Sincerely,
Rocky D. Durham
Environmental Engineer I
Enclosure
cc: Henderson Soil and Water Conservation District
Roy'M.-Davis, DWQ Asheville Regional Office
DSWC Regional Files
918 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 2811S
PHONE [phone] FAX [phone]
AN. EQUAL OPPORTUNITY J AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POSY -CONSUMER PAPER

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
A,SHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
May 18, 1999
Mr. Billy Johnston
Tap Root Dairy, LLC
470 Jeffress Road
Fletcher, North Carolina 28732
Subject: NOTICE OF DEFICIENCY
Tap Root Dairy, LLC
Facility Number 45-02
Henderson County
Dear Mr. Johnston:
Attached is the report resulting from my May 11, 1999
inspection of the animal waste management system serving Tap
Root Dairy. I concluded that animal waste being generated
by the Tap Root herd is being well managed. There are
however, some areas of your program of animal waste
management which need attention.
Your Waste Utilization Plan calls for sampling and
analyses of both the animal waste and soil samples taken
from your several application sites. You told me during the
inspection that soil samples have been taken but analytical
results have not yet been returned. Please send us copies
of the lab sheets when they are returned. You should go
ahead and submit waste samples to the State lab. You need
to sample the liquid, solid and slurry waste. Likewise,
please send us copies of these lab sheets when they are
returned.
It was determined during the inspection that you are
not maintaining waste application records. Please start
immediately maintaining application records for
the liquid waste, the solid waste and slurry pond contents.
Absence of application records and waste analysis make it
impossible to determine whether or not nutrients are being
applied at the proper agronomic rate.
Your current Waste Utilization Plan does not mention
the use of land across the French Broad River for
INTERCHANGE BUILCING. 59 WOODFIN PLACE, ASHEYiLLE. NC 28801-2414
PHONE [phone] FAX 82B-251-6452
AN EQUAL 01-PORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED13011E POST -CONSUMER PAPER

Billy Johnston
May 18, 1999
Page Two
application of animal waste. Given that you are now
applying animal waste on that land you will need to modify
your,Waste Utilization Plan to include these fields.
During the inspection you asked when does your
Operators Certification expire. Our files indicate that
your Certification has already expired. Unfortunately,
based upon requirements of the North Carolina General
Statutes, the only way to renew your Certificate is through
examination. Ms. Beth Buffington with our Technical
Assistance & Certification Unit, will put a copy of the exam
application in the mail to you. I am told that the next
exam will be offered September 9, 1999 in Morganton. To
discuss renewal of your Certification, please call Beth at
919-733--0426 extension 313.
Please do not hesitate to call me at 828-251-6208
should you need to discuss this inspection report.
Sincerely,
r �
nMavis Ro
Environmental Engineer
Enclosure
xc: Bob Carter, NRCS
Jeff Young, DSWC
Beth Buffington
45-02NOD.99

Facility Number u Date of Inspection -
Time of Inspection � 24 hr. (hh-.tnm)
a Permitted an Certified G Conditionalky Ccrdfsed g Registered In Not Operational I Date Last Operated: _.
Farm Name: TAp, Astra If21q LLC.._._– -----,..---------- ------.-.--- County: Henderson ARO
Owner Name:a� `d(eti;MN —v`i1.se_oLn _ Phone No: -
t3� tnn _ ['_a --owner Phone No: CeP above
Facrirty Contact: � Johnv—...: --�_ Tide. - - -
Mailing Address:
Onsite Representative: ............ ........
_-
Certified Operator. J„1+licbad R. _ .Corn .� ...._... .._� Operator Certification Number_ _MI4
Location of Farm:
Latitude a 6 tel' K Longitude 'x£70
F _ txmtgn _q-urrent
`Capacity Popon Poultry
rt�,•r-rrn�^
�t�t_—
'.._ILI
irvu—ilauy
I
.
Omer
=_Tofa!`Iiesign Capacity
r_Zent�.
_—
840,000
ngi�
A=

Facility Number: 45-02 • of Inspection�-r%3�
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan? p Yes IN 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. N No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? p Yes N No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes N No
11. Is there evidence of over application? t7 Excessive Ponding C1 PAN ❑ Yes ® No
12. Crop type Corn (Silage & Grain) Small Grain (Wheat, Barley.
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No
14. a) Does the facility lack adequate acreage for land application? p Yes N No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre determination? ❑ Yes N No
15. Does the receiving crop need improvement? ❑ Yes ® No
16_ Is there a lack of adequate waste application equipment? ❑ Yes ® No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes N No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) p Yes N No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) pq Yes ❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N No
21. Did the facility fail to have a actively certified operator in charge? ❑ Yes N No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes ® No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No
24. Does facility require a follow-up visit by same agency? ❑ Yes ® No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes X No
13 - No:violations ar.deficiencies were noted during this visit..You.will receiveno-ftirther .: .
:-:correspotndenceaboutthisvi5it..-: ..... ::�. .�:�:-.��:�. .�:�'�:
Records of application not maintained. Soil has been sampled, but results of analysis has not yet been returned. Waste ha
= sampled. Fields on the other side of the French Broad River from the farm are receiving solid animal waste, these fields
not appear on the Waste Utilization Plan.
Reviewer/Inspector Name Roy k Da '
Reviewer/inspector C"� � � Date: S SCS'
T
, 77

._I ..-
3123199
nm r. 45-02 Date of inspection
Odor issues
26. Does the discharge pipe from the coemement 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 properly 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 flash tanks lack a submerged fill pipe or a permanent/temporary cover?
M Yes p No
p Yes- ® No
p Yes ® No
© Yes ® No- -
C3 Yes N No
® Yes p No
r3 Yes M No
- - -
26. Waste enters both lagoons above the liquid surface.
1. Open front feed storage sheds are not covered.
a

:f State of North Carina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mrs. S.E. Johnston
208 Butler Bridge Road
Fletcher, North Carolina 28732
Dear Mrs. Johnston:
- 15�lr
IL
�EHNR
Division of Soil and Water Conservation
May 16, 1997
SUBJECT: Operation Review Notice of
Taproot Dairy
Facility No. 45-02
Henderson County
A 0W
KAY 2 p 997
WATER LIAL13Y SECTION
ASHEVILL REGIONAL OFFICE
Referral
On May 8, an Operation Review was conducted of Sexton Farm, facility no. 45-05. This Review, undertaken in
accordance with G.S. 143-2115.11013, is one of two visits scheduled for all registered livestock operations during the
1997 calendar year. The Division of Water Quality will conduct a second site inspection.
During the Review, the level of wastewater in the solids/push-off pond was observed to be level with the
emergency spillway. The law requires that ponds and lagoons with a spillway have at least a level to handle the
volume of water produced by a 24 hour - 25 year design storm, this means that the level of the pond should be
approximately 12 to 18 inches bellow the crest of the spiltway. Since it is illegal to not maintain adequate storage in a
pond or lagoon, your operation along with supporting documentation was referred to the Divislon of Water Quality for
further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify Division of Water
Qualify and the ownerloperator of this observed violation. It was also noted that boar ponds lacked level markers to
indicate when pumping should begin.
It is imperative that this problem be eliminated immediately. You are strongly encouraged to contact your
certfied technical specialist for help. You may also want to contact your local Soil and Water Conservation District
Office since they may be able to provide you with additional technical and/or financial assistance to implement
corrective best management practices.
Please remember that in order for your facility to be in compliance with environmental regulations, animal
waste aC nnot be discharged into the waters of the State, and the animal waste collection, treatment, storage and
disposal systems must be properly sized, maintained and operated under the responsible charge of a certfied
operator.
Also remember that all registered livestock operations are required to obtain and implement an approved
animal waste management plan by the end of this year, and to have a certified animal waste system operator. The
animal waste management plan must be certified by either a designated technical specialist or a professional
engineer. For additional assistance with the plan or certification course, please contact your local Soil and Water
Conservation District Office or local Cooperative Extension Service Office.
919 North Main Street, 4 FAX 704,663,6Q40
Mooresville, North Carolina 28115 f An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/ 10% post -consumer paper

n
u
Mrs S.E. Johnston
May 16,1997
Page Two
•
The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please
do not hesitate to call me at 704/663-1699 exL 277 if you have any questions, concerns or need additional information.
Sincerely,
p C. � merman
Environmental Engineer I
cc: Henderson Soil and Water Conservation District
'Paut-W#rite, GWQ:tnspector-for:HendeT=rCh.
DSWC Regional t=iles