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HomeMy WebLinkAbout450007_CORRESPONDENCE_20171231Fox, Tim From: Sent To: Cc: Subject Attachments: Jonathan Young, Jeff Tuesday, October 24, 2017 10:19 AM Wallin, Jonathan - NRCS-CD, Hendersonville, NC Smith, Rachel - NRCS, Hendersonville, NC; Fox, Tim RE: Small Acres Dairy Assistance Request sma Il_acres_wsp&pit-as-bui It. pdf Small Acres' manure solids pit was designed such that any waste level within structural freeboard encroaches on the push -off ramp. it is the lowest point on the earthen embankment. To the best of my knowledge, solid waste storage structures did not require a graduated waste level marker, but 6 -inches below the push -off ramp would be the limit of normal storage assuming 25 -year, 24-hour storm is approximately 6 -inches. An as -built survey of the pit was conducted in May 1998. The survey uses assumed elevations with the dam's lowest elevation at 88.0'. The majority of the pit's embankment was constructed to elevation 89.0' and higher. I fear the temporary bench mark installed twenty years ago cannot be recovered. A new survey establishing a benchmark and embankment elevations should be conducted for the purposes of installing marker(s) in accordance with regulatory requirements. Attached is a scanned image of the as -built survey. -Jeff Young, PE 'technical Services Section Chief CRA&CS - Division of Soil and Water Conservation 341 Fanning Bridge Road Futcher, NC 28732 Ph a:828-687-6987 Ce 828-06-3480 i E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties N From�Wallin, Jonathan - NRCS-CD, Hendersonville, NC[mailto:jonathan.wallin@nc.nacdnet.net] Sent: Monday, October 23, 2017 339 PM To: Young, Af <ieff.young@ncagr.gov> Cc: Smith;. Rachel - NRCS, Hendersonvige, NC <Rachel.Smith2@nc.nacdnet.net>; Fox, Tim <tim.fox@ncdenr.gov> Subject: [External] FW: Small Acres Dairy Assistance Request Jeff, Do you have anything verifying what the freeboard is at Small Acres solids pond? We will be glad to assist Mike with installing a marker once we verify the correct freeboard elevation. I will be out of the office the rest of the week, so please respond to Rachel. Thanks! -Jonathan From: Fox, Tim [mailto:tim.fox ncdenr. ov Sent: Thursday, October 19, 2017 10:11 AM To: Wallin, Jonathan - NRCS-CD, Hendersonville, NC <Jonathan.wallinpric.naccinet.net> Cc: Smith, Rachel - NRCS, Hendersonville, NC <Rachel.Smith2pnc.nacdnet.net> Subject: Small Acres Dairy Assistance Request Jonathan, We visited Small Acres Dairy yesterday to review Mr. Corns records to resolve an outstanding NOV. One item that needed to be addressed was to have a freeboard marker in his solids pond. He has placed a stake in the pond and he recently cleaned it out. Would Soil and Water be able to assist him with setting the corrected freeboard mark. I'm not sure of the design capacity of the pond, I know our data indicates that the designed freeboard is 19.5 inches. Is this something you could help him with? Violation _5_: No freeboard marker in solids pond #1 . Failure to install a freeboard marker in accordance with condition IV.2.a. of the NPDES General Permit No. NCA300000. Required Corrective Action for Violation -5_: Let me know if you want to discuss by phone. Thanks, Tim Tim Fox - tim.fox ncdenr. ov North Carolina Dept. of Environmental Quality Asheville Regional Office Division of Water Resources —Water Quality Programs 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 C.-—/`Nothing Compares —,r - Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. if you believe you have received this message in error, please notify the sender and delete the email immediately. Fox, Tim From: Price, Bev Sent: Wednesday, May 31, 2017 8:22 AM To: Fox, Tim Subject FW: Small Acres Dairy / Mike Com / NOV dated 9/23/16 Bev Price Environmental Senior Specialist — Asheville Regional Office Water Quality Regional Operations Section NC DEQ— Division of Water Resources 828 296-4500 office bev.price@ncdenr.p,ov Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 aw nothing Compares--,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Davidson, Landon V Sent: Friday, November 04, 2016 2:59 PM To: Billy Clarke <BClarke@roberts-stevens.com> Cc: michaelrcorn@ be I Isouth. net; sam.bingham@att.net; Price, Bev <bev.price@ncdenr.gov> Subject: RE: Small Acres Dairy / Mike Corn / NOV dated 9/23/16 Thanks Billy for providing a response to the NOV. Bulleted items 1, 2 and 4 will be positive improvements for the site. With regard to bulleted item #3, please be aware of the following permit requirements: Permit Condition 1. 1. Performance Standards—Any discharge of waste that reaches surface waters is prohibited except as otherwise provided in this Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge, or ditches not otherwise classified as state waters. As you are aware, in addition to permit conditions, additional North Carolina General Statutes apply with regard to discharge without a permit, violation of stream standards, etc. Please notify the Asheville Regional Office (ARO) on the progress of completing the bulleted items. The Notice of Violation will not be considered resolved until it can be verified by the ARO that no wastewater discharge is emanating from the pipe or from any part of the dairy to the unnamed tributary adjacent to the spray field. Regards, Landon G. Landon Davidson, P.G. Regional Supervisor — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. Davidson ncdenr. ciov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 Nothing Compares_,., Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sarah Hayden (mailto:SHayden@Droberts-stevens.comj Sent: Monday, October 24, 2016 10:25 AM To: Price, Bev <b6v.price@ncdenr.gov>; Davidson, Landon <landon.davidson@ncdenr. ov> Cc: Billy Clarke < BCla rke @robe rts-steve ns.com>; michaelrcorn@bellsouth.net; sam.bingham@att.net Subject: Small Acres Dairy / Mike Corn / NOV dated 9/23/16 Ms. Price & Mr. Davidson: Attached please find correspondence from Billy Clarke for the above referenced matter. Please let me know if you have any problems with the attachment. Thanks, Sarah Hayden Legal Assistant, Roberts & Stevens, P.A. Office: City Centre Building 1 301 College Street, Suite 400 1 Asheville, NC 28801 Mailing: PO Box 7647 1 Asheville, NC 28802 Tel: (828) 252-6600 1 Direct: (828) 210-6844 1 Fax: (828) 210-6554 shavdenO-roberts-stevens.com I www. robe rts-steven s.com t. ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZD&VIERMAN Environmental Director Quality March 30, 2017 CERTIFIED MAEL 70121640 0000 9792 3353 REYMN RECEIPT REOUESTED Michael Corn Small Acres Dairy 735 Butler Bridge Road Fletcher, NC 28732 Subject: Additional information request Permit No. NCA345007 Small Acres Dairy Henderson County Dear Mr. Com: The Division of Water Resources has received a renewal application for coverage under your NPDES general permit that expires June 30, 2017. Additional information is required for further review and public notice of your application package before the issuance of a new certificate of coverage under this permit: 1. Condition V.8 of the NPDES general permit requires a phosphorus -loss evaluation prior to application for renewal of this permit. The data submitted in your package are from 2011. Please include a more recent phosphorus evaluation and update your nutrient management plan, accordingly. Be sure to include valid lease agMments, for any leased land included in your plan. 2. Please include a sketch of the waste level gauge at each of your waste storage structures as part of your operation and maintenance plan. Please send the above requested information to the following address within 30 (thirty) days of receipt of this notice. Failure to request renewal of your coverage within the time specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day_ Feel free to contact me at (919) 807-6341 if you have any questions regarding this letter. Sincerely, �'t.'00" DWR Animal Feeding Operations Program cc: Asheville Regional Office, Water Quality Regional Operations Section Henderson County Soil and Water Conservation District I RECEIVED U*vM n of VOW Resource'i —`%'Nolhing Compares --__. MAR 31 2017 State of North C.aroliaa i Eavimanct tal Quality I Division of Water Resources water Qw&ty )tonal operations Section Water l)ualhy Aegionsl O�Mturt6 1636 Mail Savior Gaster' I Raleigh, North Carolina 27699-1636 ASheViHB iofldt Offrt�e 919-767-9129 Environmental Quality March 30, 2017 CERTIFIED MAIL 7012 1640 0000 9792 3353 RETURN RECEIPT REQUESTED Michael Corn Small Acres Dairy 735 Butler Bridge Road Fletcher, NC 28732 Dear Mr. Corn: ROY COOPER Governor MICHAEL S. REGAN 5ecrelary S. JAY ZIMMERMAN Direcior Subject: Additional information request Permit No. NCA345007 Small Acres Dairy Henderson County The Division of Water Resources has received a renewal application for coverage under your NPDES general permit that expires June 30, 2017. Additional information is required for further review and public notice of your application package before the issuance of a new certificate of coverage under this permit: 1. Condition V.8 of the NPDES general permit requires a phosphorus -loss evaluation prior to application for renewal of this permit. The data submitted in your package are from 2011. Please include a more recent phosphorus evaluation and update your nutrient management plan, accordingly. Be sure to include valid lease agreements for any leased land included in your plan. 2. Please include a sketch of the waste level gauge at each of your waste storage structures as part of your operation and maintenance plan. PIease send the above requested information to the following address within 30 (thirty) days of receipt of this notice. Failure to request renewal of your coverage within the time specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation ofNCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. Feel free to contact me at (919) 807-6341 if you have any questions regarding this letter. Sincerely, DWR Animal Feeding Operations Program cc: Asheville Regional Office, Water Quality Regional Operations Section Henderson County Soil and Water Conservation District "Nothing Cornparrs�-� $tate of North Carolina 1 EnvironrnenIal Quality I Division of Water Resources Rater Quality Regional Operations Section 1636 Mail Smice Center I Raleigh, Forth Carolina 37699-1636 919-707-9139 ♦'. NPDES Permit Number NCA300000 NORTH -CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF.ENVIRONMENTAL QUALITY CATTLE WASTE MANAGEMENT SYSTEM NPDES GENERAL PERK UT This National Pollutant Discharge Elimination System (NPDES) General Permit (Permit) is issued pursuant to North Carolina General Statutes G.S. 143-215 et seq. and Section 402 of the Clean Water Act (Act), may apply to any cattle facility in the State of North Carolina and shall be effective from July 1, 2017 until June 30, 2022. The Division of Water Resources of the Department of Environmental Quality (Division) will snake the facility's Certificate of Coverage (COC) and Certified Aminal Waste Management Plan (CAWMP) available for public review for thirty (30) days prior to issuance of coverage under this Permit. The animal waste management systems covered by this Permit normally include some type of collection system (flush, pit recharge, scraped lots, etc.); pipes or ditches for transmission of the waste; lagoons or ponds to collect, treat, and store the waste; land application equipment; and sufficient acreage for application of the animal waste ai agronomic rates. If prior approval is received from the Director, this Permit may cover innovative treatment systems incorporated into the animal waste numagement system. All activities authorized herein shall be consistent with the terms and conditions of this Permit. Holders of a COC under this Permit shall comply with the following specified conditions and limitations. L PERFORMANCE STANDARDS 1 _ Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge, or ditches not otherwise classified as state waters. The waste management system operated -under this Permit shall be effectively maintained and operated as a non -discharge system to. prevent the discharge of pollutants to surface waters or wetlands. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (MRCS) standards and does not result in a discharge of waste to the surface waters or wetlands. Facilities existing on or prior to April 14, 2003 must be designed, constructed, and operated to contain all waste plus the accumulated volume from a 25 -year, 24-hour rainfall event for the location of the facility. A facility that has a discharge of waste drat results because of a storm event more severe than the 25 -year, 24 -Hour storm will not be considers to. be in violation of this Permit if the facility is in compliance with its CAMP, the Act and its implementing regulations, and this Permit. December 5, 2016 NPDES Permit Number NCA300004 Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharges from the ditches are controlled by best management practices (BMPs) designed in accordance -with MRCS -standards; Jb) the BMPs have been submitted to and approved °by the" Division; (c)'the BMPs were implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event -was documented and reported in accordance with Condition VI.21. of. this Permit. Nothing in this exception shall excuse a discharge .to surface waters or wetlands except as may result because of rainfall from a storm event more severe than the 25 -year, 24-hour storm. [40 CFR 412 .Subpart C and D; 15A NCAC 02T .1305 (e)] No discharge of waste shalt result in a violation of the water quality standards established for the receiving waters as per Title 15A,S_ ubchapter 213, Section .0200 of the Noitji Carolina Administrative Code (NCAC). The facility's COC and its CAWMP are hereby incorporated by reference into this Permit, The CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and local) in effect at the time of siting and design and certification of the facility. The Permittee must assess, on an ongoing basis, the effectiveness of the implementation of the CAWMP. The Permittee must modify the CAWMP in order to address any changes needed to maintain compliance with the facility's COC and this Permit. Any .proposed change to the CAWMP requires a formal request to modify the COC be submitted to the Division's Central Office. The request shall include the proposed version of the CAWMP`with changes from the previous version identified. The Division will review the request. to determine if the changes are considered a major inodication or a minor modification (see Section VIII. Definitions). Proposed major modifications will be made available for public review and comment for thirty (30) clays, The Division will issue a new or amended COC after consideration of public comments -and approval of the modification. Note that a supplemental sludge removal and application,plan is considered a major modification of the CAWMP and is subject to the thirty (30) day public notice requirement prior to approval A facility may not implement a major modification until a new or'amended COC has been•issued. Minor -modifications do not require public notice; however, the Permittee must receive approval from the Division prior to implementation. The Permittee may request permission from the Division to immediately proceed with a temporary major modification•to the CAWMP for a maximum of one hundred eighty (180) days_ The Division will make these modifications available for public review for thirty (30) days. The public review must occur prior to the close of the ten>porary modification period. [40 CFR 122.42(e); 15A NCAC 02T .1305 (e)] Any violation of the, C.00 or the CAWMP shall be considered a violation of this Permit and subject to enforcement- actions. A violation of this Permit may result in the Permittee. having to take immediate or long-term corrective action(s) as required by the Division or the Environmental Protection Agency (EPA). These actions may include, but are not limited to, modifying the CAWMP; ceasing land application of waste; removing animals from the facility; or reopening and modifying, revoking and reissuing, and/or terminating the COC. [40 CFR 122.41(a); 15A NCAC 02T .1305 (e)] December 5, 2016 2 V �' NPDES Permit Number NCA300000 4. Any proposed increase in the certified design capacity or the Steady State Live Weight (SSLW) of animals above that authorized by the COC will require a modification to the CAVIMP and the COC prior to the actual increase in either waste production or (SSLW) of animals. [ISA NCAC 02T :1305 (b)] 5_ A copy of this Permit, the facility's COC, certification fors, lessee and landowner agreements, and the CAWMP shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this Permit, unless otherwise specified in this Permit (see Condition iV.20). These documents shall be kept in good condition, and records shall be maintained in an orderly fashion. [40 CFR 122.42(e); I SA NCAC 02T .1305 (e)] 6. If prior approval is received from the Director, facilities that have been issued a COC to operate under this Permit may either add treatment units for the purpose of removing pollutants before land application of waste or add various innovative treatment processes to the systems in order to determine if the innovative treatment process will improve how the waste is treated and/or managed. Prior to any approval, the Permittee must demonstrate to the satisfaction of the Director that the new treatment unithrmovative treatment process will not interfere with the operation of the existing treatment system and that a process is in place to properly manage and track the pollutants removed [15A NCAC 2T .1308] For all new and expanding operations, no collection, treatment, or storage facilities may be constructed in a I Wyear flood plain. [G.S. 106-803 (a)] 8. A COC under this Permit will not be issued to any facility until the applicant demonstrates that the facility can comply with the requirements of state and federal phosphorus -loss standards. [40 CFR 122.42(e); 15A NCAC 02T. 1305 (e)] H. PUBLIC NOTIFICATION 1. When the Division determines that an application for permit coverage and CAWMP are complete, the Division will publish the proposal to grant coverage under this* Permit, the application for coverage, and the CAWMP for public review and comment for a period of thirty (30) days. [40 CFR 124.10; 15A NCAC 02T .1305 (e)] 2. Documents for public review will be made available on the Division's website and at the Division's Central Office located at 512 N. Salisbury St, Raleigh, NC 27604. [40 CFR 124.10; ISA NCAC 02T. 13 05 (c)] 3. The following items require notification for public review and continent [40 CFR 124.10; 15A NCAC 62T .1305 (e)]: a. Application for permit coverage, including permit renewal applications. b. Requests for major modifications to a Permit, see Condition I.3. C. Supplemental sludge removal and application plans, see Condition IH.9_ d. Modifications to the animal waste collection, treatment, and storage system. December 54 2016 NPDES Permit Number NCA300006' 111. OPERATION AND MAINTENANC-E-REQUIREMENTS The Permittee shall take all xmonable steps to minimize or prevent any discharge in violation of this Permit. [40 CFR 122 Al (d); ISA NCAC 62T .1305 {e)] 2. The Permittee shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related a Durtenances), which are installed or used by the Permittee to achieve compliance with the conditions of this Permit. Proper operation and maintenance includes the operation of back-up. or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this Permit. [40 CFR 122.41(e); 15A NCAC 02T . 13 05 (e)l 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's CAWWIP. At a minimum, the maxiinum waste level for lagoonststorage ponds_must-not exceed the level that provides adequate storage to. contain a 25 -year, 24-hour storm event plus the designed structural freeboard [a minimum of one (1) foot is required] except that there shall be no violation of this condition if. a. there is a storm event more severe than a 25 -year, 24-hour event, b. the Permittee is in compliance with its CAWMP, and C. the waste level has not entered the designed structural freeboard. In addition to. these requirements, new and expanding farms with lagoon/storage pond designs completed after September 1, 1996 must also provide storage for the heavy rainfall factor. In the case of gravity -fed lagoons/storage ponds in series, a 25 -year, 24-hour storm.event and/or the heavy rainfall factor storage requirement for the system may be designed into the lowest. lagoon/storage pond in the system. However, adequate freeboard must be designed into the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from rising into the structural freeboard while the storm water is draining into the -lowest lagoon in the system. [15A NCAC 02T.1305 (b)] 4. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAW141P. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be applied up to, thirty (30) days prior to planting or breaking dormancy. [15A NCAC 02T .1305 (b)] 5. Soil pH on all land application fields must be adjusted according to the recommendation from the Standard Soil Fertility Analysis (see Condition IV -7) to ensure that it is maintained in the optimum range for crop production. [15A.NCAC 02T -1305.(b)] 6. Land application rates shall be,in accordance with the CAWMP. In no case shall land application rates for any _field exceed agronomic, rates or the established crop removal rate. for phosphorus for fields with a "HIGH" phosphorus loss assessment rating as established using the Phosphorus Loss Assessment Tool (PLAT) developed'by NC State University and.NRCS. There shall be no waste application on fields with a "VERY HIGH" phosphorus -loss assessment rating. In no case shall land application rates result in excessive ponding or any runoff during any given application event. [ 15A NCAC 02T .1305 (b)] December 5, 2016 4 07 NPDES Permit Number NCA300000 7. Direct application of animal waste onto land which is used to grow crops for direct human consumption that do not undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season or, in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within thirty (30) days of the harvesting of fiber and food crops for direct human consumption that undergoes further processing. [I 5A NCAC 02T .1109(b)] $. If manure or sludge is applied on conventionally tilled, bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land, or prior to the next rainfall event, whichever occurs fust. This requirement does not apply to no -till fields, pastures, or fields where crops are actively growing. [15A NCAC 02T . 13 05 (b)] 9. The Permittee shall submit a sludge removal and application plan to the Division at least ninety (90) days prior to sludge removal, as these are considered a major modification of the CAWMP (see Condition I.3). A phosphoim4oss evaluation must be completed for any field that is to receive. sludge that has not already been evaluated in accordance with Condition iV.8, and the sludge land application must be in accordance with the results of this evaluation_ This condition does not apply to situations where waste is transferred to, and land applied by a third party, as described in Condition 1V.10. [G. S. 143-215.10C (e); 15A NCAC 02T .1305 (b)] The Permittee shall notify the appropriate Division Regional Office at least twenty-four (24) hours prior to the start of sludge removal and land application. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance. with the CAWMP. When removal of sludge becomes necessary, provisions must be taken to prevent damage to the lagoon/storage pond dikes and liner. [15A NCAC 02T.1305 (b)] 10. No material other than animal wastes of the type generated on this facility shall be disposed of in the animal waste collection, treatment, storage, or application systems. This includes but is not limited to pesticides, toxic chemicals and petroleum products. The Permittee shall comply with effluent standards and prohibitions established under Section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibiti=, even if the Permit has not yet bees modified to incorporate the Wit. [40 CFR 122.42 (e); 15A NCAC 02T. 1305 (b)] 11. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste management system. Water froom washing machines located in the milking parlors, used exclusively for washing cloths used during milking, and from wash vats.required to be connected to the animal waste management system by Grade A Pasteurized Milk Ordinance Part IL Section 7, Item Sr are exempt from this requirement. Wash water from the cleaning of stock trailers will be permissible only for trailers that are owned by the facility and are used to transport animals to and from the facility, as long as the system has been evaluated and approved to accommodate the additional volume. Only those cleaning agents and soaps that are EPA approved, will not harm the cover crop, and will not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in facilities covered by this Permit. Instruction labels are to be followed when using cleaning agents and soaps. [15A NCAC 02T . 13 05 (b)] 12. Disposal of dead animals resulting from normal mortality rates associated with the facility shall be done in accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's statutes and regulations. As a part of the facility's CAWMP, the Permittee shall develop a mortality managendent plan that addresses normal mortality rates and mass mortality scenarios. December 5, 2016 NPDES Permit Number NCA3000OW Disposal of dead animals whose numbers exceed normal mortality rates associated with the facility shalt be done in acro#dance with. the facility's CAWMPi and, .the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's statutes and "regulations plus:. 1) bu-nal of- such animals shall be done in consultation with the State Veterinarian of the NCDA&CS Veterinary Division's statutes and in compliance with NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates and numbers, of the animals buried by type must be recorded; and 3) the map and recorded information are submitted to the appropriate Division Regional Office within fifteen (15) calendar days of burial. In the event of a Governor-declared.state of emergency, disposal of dead animals shall be done in accordance with requirements and guidelines .dictated by the State Veterinarian according G.S. 166-462.1. The Division may require groundwater monitoring when there is massive burial of animals. AM burial sites. of such animals must be mapped, and the dates and numbers of the animals buried by type must be recorded [40 CFR 122.42(c); 15A NCAC 02T .1305 (e)] 13. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the waste lagoonVstorage ponds to prevent any unnecessary addition to the liquid volume in the structures. Runoff from lounging areas to the lagoonstwaste storage ponds shall be prevented, unless it has been approved in,the CAWMP. [15A NCAC 02T. 1305 (b)] 14. Animals confined at the Facility shall not be allowed to come into direct contact with waters of the State. Fences may be used to restrict such access: [40 CFR. 122.42(e); 15A NCAC 02T.1305 (e)] 15. Site-specific conservation practices necessary, to prevent runoff of pollutants to waters of the State (such as no -till cropping to meet -PLAT requirements) shall be identified. in the CAWMP. These practices shall be implemented and maintained as part of the Permit. [40 CFR I22.42(e); I. 5A NCAC 02T .1305 (e)] 16. A protective vegetative cover shall be established and maintained on all eaithen lagoon/storage pond embanlunents (outside toe of embankment to maximum pumping elevation), berms, pipe nus, and diversions to surface waters or wetlands. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in accordance with good engineering practices. • Lagoon/storage pond areas shall be accessible, and vegetation shall be mowed regularly. [I 5A NCAC 02T .1305 (b)] 17. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes, or any other solid waste. [ L SA NCAC 02T,0108 (b)(1)] 18. The facility must have at least one of the following items at all times: (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, or (c),a contract with.a third -party applicator capable of providing adequate waste,application. [15A.NCAC 02T.1305 (b)] 19. The Permittee shall designate a certified Type B Animal Waste Management System Operator with a valid certification to be the Operator in Charge (OIC) for the animal waste management system. The animal waste management system shall be operated by the OIC or a designated back-up OIC under the OIC's supervision. [G.S. 90A47] December 5, 2016 6 dOP NPDES Permit Number NCA300000 20. In accordance with 15A NCAC 08F ,0203(c)(2), the OIC or a designated back-up OIC: shall inspect, or a person under the supervision of an OIC or designated backup OIC shall inspect, the land application site as often as necessary to ensure that the animal waste is applied to land in accordance with the CAWMP. In no case shall the time between inspections be more than one hundred twenty (120) minutes during the application of waste. A record of each inspection' shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, sprayfield number, and name of the operator for each inspection. Inspections shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. 21. 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. [40 CFR 122.41 (e); 15A NCAC 02T .1305 (e)] The Permittee will not be required to install, operate, and maintain the devices if the Permittee commits to provide for the presence of the OIC or the designated backup OIC at all times during the land application of waste, in order that, in the case of a precipitation event, the irrigation activities will be stopped inunediately. This commitment must be submitted in writing to the Division on a form supplied by, or approved by, the Division. [O.S. 90A-47] 22. Bypass of a treatment unit within the anima] waste management system is prohibited_ [40 CFR 122.41 (m); ISA NCAC 02T. 1305 (e)] 23. No waste shall be applied in wind conditions that reasonably might be expected to cause the mist to reach surface waters or wetlands. [ 15A NCAC 02T .0108 (b� 1)] 24. The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas, and land application areas. [40 CFR 122.42 (e); 15A NCAC 02T. 1305 (e)] 25. Waste shall be applied using the following setbacks from surface water or wetlands or any conduit to surface water or wetlands: (a) a 100 -foot setback with no vegetated buffer or (b) a 35 - foot setback with a vegetated buffer or (c) an alternative practice that has been submitted to and approved by the Division, that would provide equivalent pollutant reductions to the 140 -foot setback. [40 CFR 412; 4 (c); 15A NCAC 02T .1305 (e)] 26. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application. [15A NCAC 02T .1305 (b)] 27. Land application of waste is prohibited during precipitation events. The Permittee shall consider pending weather conditions in making the decision to land apply waste. Weather conditions at the time of land application and for twenty-four (24) hours prior to and following application must be documented on forms supplied by, or approved by, the Division. [15A NCAC 02T .0108 December 5, 2016 7 NPDES Permit Number NCA30000Z' Land application of waste s_hall.cease within four (4) hours of the time that the National Weather Service issues a Hurricane Wanting, Tropical. Stonin Warning, a Flood Watch, or a Flash Flood Watch associated with a tropical system .including a hurricane, tropical storm; or tropical depression for the county -or specific: area in which the permitted facility is. lobated. Watches and warnings are posted on the National Weather Service's website located at. www.weather.gov. More detailed website information can be found on Page 2 of the C©C. Watch and "wanting information can also be obtained by calling:the local National Weather Service Office that serves the respective county, which can be found on -Page 2 of the COC. [15A NCAC 02T .0108 (b)(1)] 28. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test Index for copper of greater than 3,000 (108 pounds per acre) or zinc of greater than 3,000 (213 pounds per acre).. [ 15A NCAC 02T A 105-(b)] 29. Crops to which animal waste is applied must be removed from the land application site and properly managed and utilized. Harvested crops shall not be allowed to become unusable due to prolonged exposure to the weather. [15A NCAC 02T .0108 (b)(1)] 30. Any major structural repairs to lagoons/storage ponds must have written documentation from a Professional Engineer or designated technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary (i.e. piping, reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the replacement involves disturbing the lagoon/storage pond embankment. [15A NCAC 02T .0108 (b)(1)] 31. in accordance with NRCS NC Conservation Practice Standard No. 359 "Waste Treatment Lagoon", an operator may temporarily lower lagoon levels to provide irrigation water during drought periods and to provide additional temporary storage for excessive rainfall during the hurricane season and in preparation -for the following winter months doming the period of June 15 - October 31. All conditions of NRCS NC .standard No. 359 must be satisfied prior to lowering lagoon levels below designed stop pump levels. IV. MONITORING AND REPORTING REQUIREMENTS An inspection of the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch in tuventy-four (24) hours. For example, lagoons/storage ponds, and other stmciUres should be inspected for evidence of erosion, leakage, damage by animals, or discharge. Inspections shall also include visual observation of subsurface drain outlets, ditches,_ and drainage ways for any discharge of waste. [15A.NCAC 02T .0108 (b)(1)] 2. Monitoring and Recording Freeboard Levels a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings. A sketch of each waste -level gauge shall be included in the facility's retards. The sketch shall include, at a minimum, markings for the top of temporary storage and top of permanent storage with labels indicating the corresponding depths in inches. [40 CFR 412.37; 15A NCAC 02T .1305 (e)] December 5, 2016 NPDES Permit Number NCA300000 The waste level in each lagoon/storage pond with a waste level gauge shall be monitored and recorded weekly on forms supplied by, or approved by, -the Division. [40 CFR 412.37; 15A NCAC 02T _1305 (e)] The Director may require more frequent monitoring and recording on waste Ievels based on the facility's compliance history for freeboard violations. [ 15A NCAC 02T .0108 (c)) b. As deemed necessary by the Director, new, modified, or automated waste4evel gauges may be required at any facility if it is determined that the existing gauges are not accurate in indicating actual freeboard levels or based on violations and/or incomplete or incorrect record keeping of waste levels. [I 5A NCAC 02T.0108 (c)] 3. Monitoring and Recording Precipitation Events a. Facilities issued a COC to operate under this Permit are responsible for installing a rain gauge to measure precipitation. The precipitation type and amount must be recorded following all precipitation events. The rain gauge must be located in the same proximity as the lagoons/storage ponds. [I 5A NCAC 02T.0108 (b)(1)] b. As deemed necessary by the Director, an automated rain gauge and recorder may be required to measure and record all precipitation events based on the facility's violations and/or incomplete or incorrect record keeping of precipitation events. [I 5A NCAC 02T .0108 (b)(1)] 4. Monitoring and Recording Land Application Events a. The Permittee shall record all land application events, including hydraulic loading rates, nutrient loading rates (nitrogen and phosphorus), cropping information, and weather conditions. The OIC will also provide a record of the continuous or 120 -minute inspections of the application area during each land application event. [40 CFR 432.37; 15A NCAC 02T. 1305 (e)] b. The Director may require the Permittee to install and operate flow meters with flow totalizers based on the facility's violations and/or incomplete or incorrect record.keeping during land application events. [I5A NCAC 02T .0108 (b)(l)] 5. An inspection of all water lines, including drinking water and cooling water lines, shall be conducted and ,documented daily. [40 CFR 412.37; 15A NCAC 02T .1305 (e)) 6. All corrective actions taken as a result of inspection activity shall be documented [40 CFR 412.37; 15A NCAC 02T. 1305 (e)] 7. A Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on each application field receiving animal waste in accordance with G_S_ 143- 215.10C(e)(6)_ The analysis must be conducted at least once every three years. 8. The Per€ tittee shall perform a phosphorus loss evaluation prior to application for renewal of this Permit in accordance with state and federal requirements. This evahration must be documented on forms supplied by or approved by the Division and mast be submitted to the Divisioti. Upon completion of the phosphorous -loss evaluation, the CAWMP shalt be updated to include the current rU assessment rating, and submitted to the Division upon application for renewal of this Permit. [G.S. 1.43-215.1OC (e)] December 5, 2016 NPDES Permit NumberNCA300000 9. An analysis of the animal waste shall be' conducted in accordance with recommended laboratory sampling procedures as closeto the. time of application as practical and at least within sixty (60) days (before or after) of the elate of application. Every reasonable effort shall be made to have the waste analyzed prior to the dateof application and as closeto the time of waste application as possible. This analysis shall include the following parameters [G.S.143-215. IOC(e)]: Nitrogen Zinc Phosphorus Copper 10, The Permittee shall maintain records of the removal of any manure, litter, or process wastewater from the Facility, provide the recipient(s) with the most current nutrient analysis, and record the date, recipient name and address, and approximate amount of manure or process wastewater transferred. The Permittee must inform the recipient(s) of -the responsibility of properly managing the land application of the solids. [40 CFR 122.42(e); 15A NCAC •02T .1305 (e)] 11. All facilities utilizing -lagoons, which are issued a COC to operate under this Permit, shall.conduct an annual survey of the sludge accumulation in all Iagoons: The survey report should be written on forms provided or approved by the Division sand shall include a sketch showing the depth of the sludge in the various locations within each lagoon. This survey shall be submitted as part of the.facility's annual report in the year it was conducted; see Condition TV. 19. Survey frequency may be. reduced if it carr bedemonstrated to.the satisfaction of the Division that the rate of sludge accumulation does not warrant. an annual survey. If the sludge accumulation is such that the structure does not satisfy the •criteria.set by NRCS NC Conservation Practice Standard No. 359, two copies of a Plan of Action (POA) must be submitted to the Division Central Office within ninety (90) days of the determination. The plan shall describe removal and/or waste utilization procedures to be used. [ 15A NCAC 02T .1305 (b)] 12. All waste application equipment must be -tested and. calibrated at least once per year. The results must be documented on forms provided by, or approved by, the Division. [ISA NCAC 02T .1305(b)] 13. The Permittee must maintain stocking records for the facility so as to demonstrate and report the annual average number of animals. [40 CFR 122.42 (e); 15A NCAC 02T .1305 (e)] 14. The Permittee must maintain mortality management records, including dates, numbers, disposal methods, and burial locations (if applicable). [40 CFR 412.37; 15A NCAC Oft .1305 (e)] 15. A record shall be created and maintained of all transfers of waste between lagoons/storage ponds not typically operated in series. At a minimum, such record shall include the identity of the lagoon/storage pond from which the waste was. transferred, the identity. of the lagoon/storage pond receiving the waste, the date and time of transfer, and the total volume of waste transferred. [I SA NCAC 02T.0 108 (bxl)] 16. If, for any reason, there is a discharge from the animal waste management system (including discharges from the land application sites) to surface waters or wetlands, the Permittee is required to make notification in accordance with Condition IV.21, unless otherwise noted The Permittee will be responsible for notifying the Division with the following information [40 CFR 122.41 (1); 15A NCAC 02T. 1305 (e)]: a. Description of the discharge: A description of the .discharge including an estimate of the volume discharged, a description of the flow path to the receiving surface waters or wetlands and a site sketch showing the path of the waste. December 5, 2016 10 r-' NPDES Permit Number NCA300000 b. Time of the discharge: The length of time of the discharge, including the exact dates and times that it started and stopped, and if not stopped, the anticipated time the discharge is expected to continue. C. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a precipitation event, detailed information from the on-site rain gauge concerning the inches and duration of the precipitation event. d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to prevent future discharges from the same cause. e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition N. 9 above. f. A waste sample, obtained within seventy-two (72) hours following first knowledge of the discharge to surface waters or wetlands, fi= the source lagoontstorage pond, shall be analyzed for the following minimum parameters: Fecal coliform bacteria Five-day biochemical oxygen demand (BODS) Total suspended solids Total phosphorus Ammonia nitrogen Total Kjeldahl nitrogen OYN) or total nitrogen Nitrate nitrogen Monitoring results must be submitted to the Division within thirty (30) days of the discharge event. 17. All monitoring must be conducted according to test procedures approved in accordance with 40 CFR Part 136, unless other test procedures have been specified in this Permit or approved by the Director. 18. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. [40 CFR 122.416); 15A NCAC 02T .1305 (e)] 19. An annual certification report shall be filed with the Division's Central Office by March 1 of each year for the previous calendar year's activities. If the facility was not in compliance; the annual report must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance, and current compliance status of the facility. In addition, the annual report must certify that all records required by this Permit are available for review during the annual inspection perforated by the Division. The annual report must be completed on a form provided by or approved by the Division. This annual report requirement will continue for the duration of this permit cycle. [40 CFR 122.42(e); ISA NCAC 02T.1305 (e)) December 5, 2016 11 NPDES Permit Number. NCA300000 The EPA Electronic Reporting Rule (Docket. ID No. EPA-HQ-OECA-2009-0274) requires all regulated entities to electronically report data required by :the NPDES permit program instead of ding written paper reports. No later than December 21. 2020, the Permittee must begin electronic submission of all annual report elements listed below directly to EPA. (Annual report -date will continue. to have March 1 submission deadline.) a. The number and type of animals. (annual average); b. Estimated amount of total manure, litter, and/or wastewater generated in the previous calendar year (tons/gallons); C. Estimated amount of total manure, litter, and/or wastewater transferred to other person in previous calendar year (tons/gallons); d_ Total number of acres for land application covered by the CAWMP: e. Total number of acres under control of the Permittee that were used for land application of manure, litter, and wastewater in the previous calendar year, f. Summary of all manure, litter, and wastewater discharges from the production area that occurred in the previous calendar year, including date, time, and approximate volume; g. A statement indication whether the current version of the CAWMP was developed or approved by a certified technical specialist with proper designation; h. The actual crop(s) planted and actual yield(s) for each field, the actual nitrogen and phosphorus content 'of the manure, litter, and wastewater, the results of calculations conducted to - determine maximum application rates, the results of any soil tests for nitrogen and phosphorus taken during the previous calendar year, the data used in calculations to determine maximum application rates, and the amount of any supplemental fertilizer applied in die, previous' calendar year. The Permittee may seek a temporary electronic reporting waiver by submitting a request to the Division. The waiver request must contain the following details: a. Facility name; b. Permit number; Facility mailing address and physical address; d. Name, address, and contact information for the owner, operator-, or authorized representative; C. Brief written statement regarding the basis for claiming such a temporary waiver. December 5, 2016 12 NPDES Permit Number NCA300000 The Division will either approve or deny this electronic reporting waiver request within 120 days. The duration of a temporary waiver may not exceed five. (5) years. The permittee 'must reapply for a new temporary waiver. Approved waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on gaper to the Division for the period that the approved waiver request is effective. Permittees with approved waiver requests must submit all annual report elements listed above to the Division's Central Office by March 1 of each year for the previous calendar year's activities. The Permittee must sign and certify all submissions, and all submissions must be legible originals. 20. All records required by this permit and the facility's CAWNvIP, including bun not limited to soil and waste analysis, rain gauge readings, freeboard levels, irrigation and land application event(s), past inspection reports and operational reviews, animal stocking records, records of additional nutrient sources applied (including but not limited to sludges, unused feedstuff leachate, milk waste, septage and commercial fertilizer), croprpmg information, waste application equipment testing and calibration, and records of transfer of separated solids to off-site location(s), shall be maintained -by the Permittee in chronological and legible form for a minimum of five (5) years. These records shall be maintained on forms provided by, or approved by, the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc.) for inspection. These documents shall be kept in good condition, and records shall be maintained in an orderly fashion. The Permittee shall also furnish complete copies of any records required by this Permit upon request from the Division or the EPA. [40 CFR 122.42(e); ISA NCAC 02T . 13 05 (e)] 21. Notification: The Permittee shall give advance notice to the Division of any plarmed changes in the permitted facility or activity, which may result in noncompliance with Permit requirements. When the Permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in an application_ for coverage under this Permit or in any report to the Division, it shall promptly submit such facts or information to the Division. The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events [40 CFR 122.41 (1); 15A NCAC 02T .1305 (e)]: a. Failure of any component of the animal waste management system resulting in a discharge to surface waters or wetlands. b. Any failure of the waste treatrnent and disposal system that renders the facility incapable of adequately receiving, treating, or storing the waste and/or sludge. C. A spill or discharge from a vehicle transporting waste or sludge to the land application field which results in a discharge to surface waters or wetlands or an event that poses.a serious threat to surface water; or wetlands. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment or human safety or health. C. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition IlI.3. of this Permit. December 5, 2016 13 NPDES Permit Number NCA300006 f. Failure to maintairi waste level in a lagoon/storage pond below that of the designed structural freeboard. Note that this notification is -in addition to the report required 'by Condition IV:2I:e above. g. An application of waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters or wetlands. h. Any discharge to surface waters or wetlands and/or that poses a,- serious threat to the environment. For any emergency that requires immediate reporting after normal business hours, contact must be made with the Division of Emergency Management at 1$08-858-0368. The Permittee shall also file a written report to the appropriate Division Regional Office within five (5) calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Division Regional Office. In the event the waste level in a lagoon/storage pond is found to be 'within the designed structural freeboard, the Permittee shall file a written report to the appropriate Division Regional Office within two (2) calendar days following the first knowledge of the occurrence. This report shall outline actions taken or proposed to be taken to reduce waste levels below the designed structural freeboard within five (5) calendar days of first knowledge of the occurrence. [40 CFR 122.41(1) 15A NCAC 02T .1305 (e)] 22. The Director may require facilities to submii additional reports and/or certifications based on the facility's compliance history. [15A NCAC 02T .010$ (c)] 23. In .the event of a discharge of one thousand (1,000) gallons or more of animal waste to surface waters or wetlands, the Permittee must issue a press.release to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) ,Hours after it is determined that the- discharge has reached the surface waters or wetlands. The Permittee shall retain a copy of the press release and a list of the news media to which it was distributed for at least one year after the discharge and shall providee-a copy of the press release and the list of the news media to which itwas distributed to any. person upon request. [G -S. 143-215,10C(h)] 24. In the event of a discharge of fifteen thousand (15,000) gallons or more of animal waste to surface waters or wetlands, a public notice; is required in addition to the press release described in Condition IV.23. The public notice of the discharge must, be placed in a newspaper having general circulation in the county in which the discharge occurred and in each county downstream from the point of discharge that is significantly affected by the discharge. The Division shall determine; at ,the Director's sole discretion, which counties are significantly affected by the discharge and shall approve the form and content of the notice and the newspapers in which the notice is to be published The notice shall be captioned "NOTICE OF DISCRARGE OF ANIMAL WASTE". The minimum content of the notice is the location of the discharge, estimated volume, identification of the surface water or wetland affected, steps taken to prevent future discharges, and a phone number and contact name. [G. S. 143-215.1OC(h)] December 5, 2016 14 NPDES Permit Number NCA300000 The Permittee shall publish the. notice within 10 days after the Division has determined the counties that are significantly affected by the discharge and approved the form and content of the notice and the newspapers in which the notice is to be published The Permittec sha11 file a copy of the notice and proof of publication with the Division within 30 days after the notice is published. [G.S. 143-215.10C(h)] 25. If a discharge of one million (1,000,000) gallons of animal waste or more reaches surface waters or wetlands, the appropriate Division Regional Office must be contacted to determine in what additional counties, if any, a public notice must be published. A copy of all public notices and proof of publication must be sent to the Division within thirty (30) days after the notice is published. [G.S. 143-215.IOC(h)] 26. The Division may require any additional monitoring and reporting (including but not limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond levels and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon surface waters, groundwaters or wetlands. Such monitoring, including its scope, frequency, duration, and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission and EPA requirements. [I 5A NCAC 02T .0108 (c)] 27. All monitoring, record keeping, and reporting required by this permit, the Permittee's COC, and any additional monitoring and reporting required by the Director shall be on forms supplied by or approved by the Director. Submittal of these reports shall be in paper and/or electronic format as required by the Director. [40 CFR 122.41 (1);-15A NCAC 02T. 1305 (e)] 28. Within five (5) working days of receiving the request from the Division, the Permittee shall provide to the Division one (1) copy of all requested information and reports related to the operation of the animal waste management system. Once received by the Division, all such information and reports become public information, unless they constitute confidential information under state and federal law, and shall be made available to the public by the Division as specified in law. 11 5A NCAC 02T.01 08 (c)] V. INSPEC IONS ,AND ENTRY 1. The Permittee shall allow any authorized representative of the Department of Environmental Quality (Department) or EPA, upon the presentation of credentials and other documents as may be required by law and in accordance with reasonable and appropriate biosecurity measures, to [40 CFR 122.41(i); 15A NCAC 02T .1305 (e)]: a. Enter the Permittee's premises where a regulated -facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; C. Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit; and, d. Sample or monitor, at reasonable times, for the purpose of assuring compliance or as otherwise authorized by the Act, any substances or parameters at any location. December 5, 2016 15 NPDES Permit Number NCA300000 Vl. GENERAL CONDITIONS 1. In accordance with the provisions of .40 CFR Part 122.41 et seq., this Permit incorporates by reference all conditions and requirements applicable to NPDES permits set forth in the Act, as amended, as wel l as all applicable regulations. 2. The issuance of a COC to operate under this Permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water, wetlands, groundwater and air quality standards or for -damages to surface waters, wetlands, or groundwaters resulting from the animal waste management system [ 15A NCAC 02T .0113 (b)] 3. Any containment basin, such as a lagoon or a storage pond, used for waste management shall continua to be subject to the conditions andrequirements of this Permit until properly closed When the containment basin is properly closed in accordance with the NRCS Conservation Practice Standard No. 360 "Waste Facility Closure," April 2012, or any subsequent amendment, the containment basin shall not be subject to the requirements of this Permit. or the Act. The Permittee must submit a letter to the Division to request rescission, of the COC by providing documentation describing the procedures taken to close any containment basin. Closure shall also include pre -notification of the Division and submittal of the Animal Waste Storage Pond. and Lagoon Closure Report Form to the -Division's- Animal Feeding Operations Program Central Office within fifteen (15) days of completion of closure. [15A NCAC 02T.0165 6)] 4. The annual perinit-fee shall be paid'by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to operate under this Permit. [I 5A NCAC 02T .0105 (e)] 5. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements, which are required in the CAWMP, shall constitute grounds for revocation of its COC to operate under this Permit. [15A NCAC 02T .0110] 6. A COC to operate under this Permit is not transferable. In theevent there is. a desire for tate facility to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division, including documentation from the parties, involved and other suppo*g'materials. as may be appropriate. This request ' will be considered on its merits and may or may not be approved. [40 CFR 122.41'0); 15A NCAC 02T.1305 (e)] 7. A COC to operate under this Permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The Permittee shall notify the Division immediately of any applicable information not provided in the permit application. [G -S. 143-215.1] 8. Any proposed modification to an animal waste management system including the installation of lagoon covers shall require approval from the Division prior to construction. [G.S. 143-215.1OC] 9. if the Permittee wishes to continue an activity regulated by this Permit after the expiration date of this Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be filed at !cast one hundred eighty (180) days prior to the expiration of the Permit. [15A NCAC 2T .0109] December 5, 2016 16 NPDES Permit Number NCA300000 10. The issuance of a COC to operate -under this Permit does not prohibit the Division from reopening ating and modifying the Permit, revoking and reissuing the Permit, or terminthe Permit as allowed by the laws, rules, and regulations contained in 40 CFR Parts 122�and 123; .Title 15A of the NCAC, Subchapter 02T .1300; and G.S. 143-215.1 and G.S. 215.1 OC. The filing of a request for a permit modification, revocation and reissuance, or termination; for. a notification of planned changes; or for an anticipated noncompliance does not stay any Permit Condition. [15A NCAC 2T.01 l 0] 11. The issuance of a COC under this Permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or ,any invasion of personal rights, nor any infringement of Federal, State/Tribal, or local laws or regulations_ [40 CFR 122.41 (g); 15A NCAC 02T.1305 (e)] 12. The Director may require any person, otherwise eligible for coverage.under this Permit, to apply for an individual NPDES permit by notifying that person that an application is require& Coverage by this Permit shall automatically terminate` upon issuance of a NPDES individual permit. [40 CFR 122.28 (b)(3); 15A NCAC 2T.0 I I 1 (h); 15A NCAC 02T. 1305 (e)] 13. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications Standards. The Compliance Boundary for a disposal system individually permitted on or after December 31, 1983, is established, at either two hundred fifty (250) feet from the waste disposal area, or fifty (50) feet within the property boundary, whichever is closest to the waste disposal area. The exceeding of Groundwatei Quality Standards at or beyond the Compliance Boundary is subject to immediate review action, according to 15A NCAC 2L .0106(d)(2). The SEYIM BQUNDARY is established around the disposal system midway between the Compliance Boundary and the perimeter of the waste disposal area. The exceeding of standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106(d)(1). VII. PENALTIES I . Failure to abide by the conditions and limitations contained in this Permit, the facility's COC, the facility's CAVIMP, applicable state law, and/or the Act and their implementing regulations may subject the Permittee to an enforcement action by the Division and/or EPA including, but not limited to, the modification of the animal waste management system, civil penalties, criminal penalties, and injunctive relief. [40 CFR 122.41; 15A NCAC 02T. 1305 (e)] The Act and 40 CFR Part 122.41, as well as state law, provide that any person who violates a Permit condition is subject to civil penalties and administrative penalties. In addition, criminal penalties, including i�risammeut, are provided for falsifying.data, knowingly violating a Permit condition, or for negligence. [G.S. 143-215.6A, 6B, and 6C; 40 CFR 122.41; ISA NCAC 02T .1305 (e)] 2. The Permittee must comply with all conditions of this Permit. Any Permit noncompliance constitutes a violation of state law and the Act and is grounds for enforcement action; for coverage termination, revocation and reissuance, or modification; or denial of a renewal application. [G.S. 143-215.1;40 CFR 122..41; 15A NCAC 02T .1305 (c)] 3. It shall not be a defense for a Permittee in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit. [40 CFR 122.41; 15A NTCAC 02T.1305 (e)] December 5, 2016 17 NPDES Permit Number NCA300000 VIII. DEFINITIONS " 25 -year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a probable recurrence interval of once in twenty-five (25) years,as deftned by the National Weather Service in. Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom Act means the Federal Water Pollution Control Act as amended, also known as the Clean Water Act as amended, found at 33 USC 125 1. et seq. Agronomic rates means the amount of animal waste and/or other nutrient sources to be°applied to meet the nutrient needs of the crop, but does not overload the soil with. nutrients or other constituents that cause or contribute to a contravention of surface water or groundwater standards, limit crop growth, or adversely affect soil quality. Nutrient needs of the crop shall be based on realistic yield expectations (RYE) established for a soil series through published Cooperative .Extension Service bulletins, NRCS publications, county soil surveys, or site-specific agronomist reports. Animal Waste Management System means a system designed for the collection, treatment, storage, and application of animal waste. Bypass means the intentional diversion of waste streams from any portion of a treatment facility. Director means the Director of the North Carolina Division of Water Resources. Ditch means any man made channel for the purpose of moving water off a site to surface waters. Division means the North Carolina Division of Water Resources. Excessive Ponding means any area of 'the application field where visible liquid waste is ponded on the surface of the land application site more than four (4) hours following the application of waste. Excessive ponding also means any areas where the ponding of waste has resulted in crop failure. Groundwaters means any subsurface waters, as defined in 15A NCAC 2L .0102. Land application means the application.of animal waste onto or incorporation into the soil. Major modification means a modification including a change in the number of animals above that are auihorized'by the COC; a change in type of operation; retrofitof a lagoon .(including the installation of a cover); installation of a new irrigation system; any'changes to field specific land application rates; the addition of new land area for waste application; a reduction in land application area; or changes in crops and/or cropping patterns, including addition of fields for sludge application. Minor modification means a modification which is not a major modification. Process wastewater means any process -generated wastewater and any precipitation (rain or snow) which comes into'contact with any manure, Biter or bedding, or any other ratio material or intermediate or final material or product used in or resulting fivtri the production of animal or poultry or direct products (e.g. milk, eggs). December 5, 2016 Is NPDES Permit Number NCA,300000 Process generated wastewater means any water erectly or indirectly used in the operation of a feedlot for any of the following: spillage or.overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits, or other feedlot facilities; direct contact swimming, washing of spray cooling of animals; and dust control. Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other surface body or surface accumulation of water, whether public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina, including any portion of the Atlantic Ocean over which the State has jurisdiction as well as any additional Waters of the United States which are located in the State. Toric pollutants means any pollutant listed as tonic under Section 307(a)(1) of the Act. Waste means manure, litter, or water that comes in contact with manure or litter generated at an aroma] feeding operation. Waters of the State means all surface waters, wetlands, groundwaters, and waters of the United States located in the State. Wetlands means areas that arc inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support; and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined in ISA NCAC 2B .0202. This Permit issued the 5th day of December, 2016. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. 3a =G.,=�r=t�omr North Carolina Division of Water Resources By Authority of the Environmental Management Commission NPDES Permit Number NCA300000 December 5, 2016 19 0 1 09C. -o -f Price, Bev 3 SU Se-s� s From: Billy Clarke <BClarke@roberts-stevens.com> Sent: Friday, November 04, 2016 3:52 PM To: Davidson, Landon Cc: michaelrcorn@bellsouth.net; sam.bingham@att.net, Price, Bev Subject: RE: Small Acres Dairy 1 Mike Corn / NOV dated 9123116 Landon, Thank you for your response. Billy William Clarke Attorney, Roberts & Stevens, P,A, Office; City Centre Building 1 301 College Street, Suite 400 I Asheville, NC 28801 Mailing: PO Box 7647 ( Asheville, NC 28802 Tel: (828)252-66001 Direct: (828) 258-6919 bclarkg@roberts-steyens.camI www.roberts-steveris.com From: Davidson, Landon[mailto:landon.davidson@ncdenr.gov] Sent: Friday, November 04, 2016 2:59 PM To: Billy Clarke Cc: michaelrcorn@bellsouth.net; sam.bingham@att.net; Price, Bev Subject: RE: Small Acres Dairy / Mike Corn / NOV dated 9/23/16 C4'5'6 N _ :�2 oD G Thanks Billy for providing a response to the NOV. Bulleted items 1, 2 and 4 will be positive improvements for the site. With regard to bulleted item i#3, please be aware of the following permit requirements: Permit Condition 1. 1. Performance Standards... Any discharge of waste that reaches surface waters is prohibited except as otherwise provided in this Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge, or ditches not otherwise classified as state waters. As you are aware, in addition to permit conditions, additional North Carolina General Statutes apply with regard to discharge without a permit, violation of stream standards, etc. Please notify the Asheville Regional Office (ARO) on the progress of completing the bulleted items. The Notice of Violation will not be considered resolved until it can be verified by the ARO that no wastewater discharge is emanating from the pipe or from any part of the dairy to the unnamed tributary adjacent to the spray field. Regards, Landon G. Landon Davidson, P.G. Regional Supervisor —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon.Davidson@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 r "'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sarah Hayden [mailto:SHayden@roberts-stevens.coml Sent: Monday, October 24, 2016 10:25 AM To: Price, Bev <bev.price@ncdenr.gov>; Davidson, Landon <landon.davidson@ncdenr.gov> Cc: Billy Clarke <BClarke@roberts-stevens,com>; michaelrcorn@bellsouth.net; sam.bineham@att.net Subject: Small Acres Dairy / Mike Corn / NOV dated 9/23/16 Ms. Price & Mr. Davidson: Attached please find correspondence from Billy Clarke for the above referenced matter. Please let me know if you have any problems with the attachment. 'hanks, Sarah Hayden Legal Assistant, Roberts & Stevens, P.A. Office: City Centre Building 1 301 College Street, Suite 400 1 Asheville, NC 28801 Mailing: PO Box 7647 1 Asheville, NC 28802 tel: (828) 252-6600 1 Direct: (828) 210-6844 E Fax: (828) 210-6554 shavden(&roberts-stevens_com I www.roberts-stevens.com F. ... %; •w JOHN S• 5TEVEN11 MARC RUOOW* WILLIAM CLARKS VINCENT O. CHILDRESS. JR. GREGORY O. HUTCHINS JACKSON D. HAMILTON WYATT S. STEVENS MARK C. KURDYO' JACQUELINE O. GRANT DAVID L. ENGLISH F. LACHICOTTE I"LACH"M ZEMP, JR. KENNETH R. HUNT DENNIS L. MARTIN, JR. REBECCA J. REINHAROT ANN-PATTON HORNTHAL •DRC CLRVFI£D MLDIATOR ROBERTS STEVENS ATTORNEYS AT LAW CITY CENTRO BUILDING 301 COLLEOE STREET. SUITE 400 ROBOT POST OFFICE BOX 7547 ASHEVILLE. NORTH CAROLINA 28802 TELEPHONE 15210125P-6900 F4C6}M1LE COBS] 213B-6036 www.raborts-stevens.oarn Writer's Direct Phone: 828/258"6919 Writer's Direct Fax: 8281210-6554 Writer's E-mail. bclarke@roberts-stevens.com Via E-mail: bev,price@ncdenr.gov Beverly Price Environmental Senior Specialist Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 October 24, 2016 PHILLIP T. JACKSON JAMEfl W, K. WILDE MARY A.-ROSINBON JOHN O. MOOR V. MORGAN BRYANT JILLIAN W. OALLARD ERIC P. EDGERTON JOHN W. TOTH OF COUNSEL JAMES W. WILLIAMS SHERYL H. WILLIAMS LANDON RaerATB IIORI-20071 Via E-mail: landon.davidson ncdenr. gov G. Landon Davidson, PG Regional Supervisor Asheville Regional Office 2090 US 70 Highway Swannanoa, NC 28778 Re: Mike Corn / Small Acres Dairy /Notice of Violation Intent to Enforce dated 9123126 Dear Ms. Price and Mr. Davidson: This firm represents Mike Corn and Small Acres Dairy, l am responding, on behalf of Mr. Corn and Small Acres to the NOV letter dated September 23`d, 2016. Thank you for allowing us additional time to respond. Mr. Corn and 1 met with Sam Bingham, Engineer, a former employee of the North Carolina Department of Agriculture and now a consultant an Agricultural issues, I believe Mr. Bingham has spoken with Ms. Price. Mr. Bingham has been to the farm twice, most recently on Wednesday, October 19, 2016. In consultation with Mr. Bingham, and in response to the Recommended Corrective Action, Small Acres Dairy plans to do the following: • Fence cattle completely out of the draw upstream of the close up cow barn; • Fence cattle completely out of the draw upstream of milk herd free stall barn. The watering station will be moved to the ridge; V • Put in a system to trap solids and floating solids on the lot so that they do not get into the sump pump and reach the stream; and .kms Pat ;� a w �,�'1 St"41 3 61' • Reduce silo leachate. U,} Ca l� `�� �,�, RECEIVED R&S 1717047_1 --,�vj�'� A t-tv ' t OCT 2 a 2016 WAter tMIRMW R M10nal Operatlorte AsheviM Re . conal pace These items should .be complete within (60) days. Mr. Corn is consulting with Mr. Bingham on an overall review of storm water issues at the site. Additional measures may be implemented as a result of the review. The review is expected to take at least 120 days. Mi4- xIS4," . Mike Corn, Sam Bingham and I inspected the discharge pipe. There was no active discharge to the, .stream and no solids. There did appear to be a small amount of water in the pipe. It is believed that there are some underground springs which feed this pipe. There was almost no water in the creek itself. Visible material in the creek did not appear to include animal waste solids or silage, although the water directly below the pipe was clearly dark. Mr. Corn and Mr. Bingham are available to meet with you to discuss this matter. Please let me know if you have questions. BC/sh cc: Mike Corn (via e-mail) Sam Binghman (via e-mail) I/ // Adow S 4, /_ Sincerely, ROBERTS & STEV aNS,1'.A. William Clarke 10X,e�4/' { r C i Price, Bev From: Billy Clarke <BClarke@roberts-stevens.com> Sent: Friday, November 04, 2016 3:52 PM To: Davidson, Landon Cc: michaelrcorn@bellsouth,net; sam.bingham@att.net; Price, Bev Subject: RE: Small Acres Dairy 1 Mike Corn / NOV dated 9/23/16 Landon, Thank you for your response. Billy William Clarke Attorney, Roberts & Stevens, P.A. Office: City Centre Building 1 301 College Street, Suite 400 1 Asheville, NC 28801 Mailing: PO Box 7647 j Asheville, NC 28802 Tei: (828) 252-6600 1 Direct: (828) 256-6919 bclarke@roberts-stevens.com I www.roberts-stevens.com From: Davidson, Landon[mailto:landon.davidson@ncdenr.gov] Sent: Friday, November 04, 2016 2:59 PM To: Billy Clarke Cc: michaelrcorn@belisouth.net; sam.bingham@att.net; Price, Bev Subject: RE: Small Acres Dairy / Mike Corn / NOV dated 9/23/16 Thanks Billy for providing a response to the NOV. Bulleted items 1, 2 and 4 will be positive improvements for the site. With regard to bulleted item #3, please be aware of the following permit requirements: Permit Condition 1. 1. Performance Standards—Any discharge of waste that reaches surface waters is prohibited except as otherwise provided in this Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge, or ditches not otherwise classified as state waters. As you are aware, in addition to permit conditions, additional North Carolina General Statutes apply with regard to discharge without a permit, violation of stream standards, etc. Please notify the Asheville Regional Office (ARO) on the progress of completing the bulleted items. The Notice of Violation will not be considered resolved until it can be verified by the ARO that no wastewater discharge is emanating from the pipe or from any part of the dairy to the unnamed tributary adjacent to the spray field. Regards, Landon G. Landon Davidson, P.G. Regional Supervisor — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. DavidsonQncdenr.goy 2090 U.S. Hwy. 70 Swannanoa, N,C. 28711 • -7�--Nothlngl Compares-.,-, Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. From: Sarah Hayden(mailto:SHayden@roberts-stevens.com] Sent: Monday, October 24, 2016 10:25 AM To: Price, Bev <bev.price@ncdenr.gov>; Davidson, Landon <landon.davidson ncdenr. ov> Cc: Billy Clarke <BClarke@roberts-stevens.com>; michaelrcorn@bellsouth.net; sam.bingham@att.net Subject: Small Acres Dairy / Mike Corn / NOV dated 9/23/16 Ms. Price & Mr. Davidson: Attached please find correspondence from Billy Clarke for the above referenced matter. Please let me know if you have any problems with the attachment. Thanks, Sarah Hayden Legal Assistant, Roberts & Stevens, P.A. Office: City Centre Building 1301 College Street, Suite 400 1 Asheville, NC 28801 Mailing: PO Box 7647 1 Asheville, NC 28802 Tel: (828) 252-6600 l Direct: (828) 210-6844 l Fax: (828) 210-6554 shayden@roberts-stevens.com I www.roberts-stevens.com NOv� aQ/(a, v- 0x69 Price, Bev From: Jimison, Kathy Sent: Saturday, September 10, 2016 5:21 PM To: Price, Bev; Davidson, Landon 9 /It1 Subject: Turbidity/Fecal results Good Afternoon Ail - Just letting you know some preliminary results from your sampling event on 09-09-16. Sample #1 Turbidity 13 NTU Fecal Coliform 300 CFU/100 mis Wr ONS .- 5. t "-'' �'I it Sample 42 Turbidity 3.4 NTU Fecal Coliform 100 CFU/100 mis a "r +LP5 .r-, Ir>, Nv F012 Sample #3 Turbidity 500 NTU Fecal Coliform 54000 CFU/100 misu-t' tkps 4*,b- 5ample #� Turbidity 5.9 NTU Fecal Coliform 120 CFU/100 mis k -T pN s - Tr+br V I will be out of the office on Monday, September 12`h returning on Tuesday the 13`h should you have any questions. Thanks - Kathy Katherine H. Amison N 54 ! ( D O Chemist I `� II Division of Water Resources -Water Science Section 0.5 .0 3 0 spi-cl-y fi 1� North Carolina Department of Environmental Quality 828-296-4500 office 828-296-4678 direct line Kathy.Jimison@ ncdenr.p,ov 2090 U.S. 70 Highway Swannanoa, NC 28778 �` Nothing Compares--%—, ;: , Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third -0/0 q, pws I L� (A P5 I 30o u PS iP 2 ups -# 1 1 k,PS .fit 2 a.0 DO 5,69 Pft KS It;, M , q.12 Do Report to,, 0 SURFACE WATER SECTION CHAIN OF CUS'T'ODY (CUC} RECORD NC DENRIDWR LABOItA'1'ORY (check one): 1 1 CENTRAL k—ARO Page t a For Investigation of: � � lbAk S;�. 'RELINQUISI-WD BY: Sample collector (print name) and DM -I forms completed by: (� , Q> [.Cr ^ Sample collector's signature: C Field storage conditions and location (when applicable): Lab Use Only LAB NO.. S,rATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUMBER OF CONTAINERS �c -1 >flrQ s o`t o9 13 P 5 1 L3'• 5S vF`S Z �4% L�`,3ts r is y gnatug Date Time Received by'(signa e): L —� Date Time dy' Relinquished by (signature : Dale l Time Received& (signature): D to Time Relinquished by (signature): Dote Time Received by (signature): Date 'Time Method of Shipment (circle one): State Courier Hand -delivered Federal Express UPS Other: Security Type and Conditions: Sealed by: Broken by: INTRALABORATORY CHAIN OF CUSTODY - tab Use Only LABINUMBERS!> • FROM TjI Rljt-JGH : NUMBER" 1130TTLES .ANALYSES REQUESTED 'RELINQUISI-WD BY: RECEIVED BY: DATE TIME QAIFormslSample Receiving\COC form WR 4/10/01dbs Revised: 8/2312013 ntg "I "r s. Wa ter Resources ENVIRONMENTAL QUA41TY July 20, 2016 Mr. Michael Corn Small Acres Dairy 735 Butler Bridge Road Fletcher, North Carolina 28732 PAT MCCRORY Governor DONALD R. VAN DER VAART .%crelun' S. JAY ZIMME RMAN RE: Acknowledgment of Receipt of Payment Case No.: OV -2016-0002 Farm No.: 45-0007 Henderson County Dear Mr. Corn: Director This letter is to acknowledge receipt of your check No. 9266 in the amount of $3920.46 on July 20, 2016. This payment satisfies in full the civil assessment in the amount of $3920.46 levied against Michael Corn and the case has been closed. If you have any questions, please call me at (919) 807-6340. cc: WQROS- Asheville Regional Office File # OV -2016-0002 WQROS Central Files (NCA345007) Sincerely, 5WW-9 Miressa D. Garoma Animal Feeding Operations Program =CEIVED of ►Hater flosouroea JR 22 20 Water Quaflty Re4bnal Operations Asi�aviilQ Regional Office State ofNotth CatUUW I Envimnmcntal Quality I Witter ResourccslWatcr Quality Regional Operations 1676 h1sil scivico Conto IR ticiglt, Nuitlt C. vliw 27697-1636 919 807 6464 (`y Writer Resources ENVIRONMENTAL QUALITY July 15, 2016 CERTIFIED MAIL — 7009 2250 0000 8087 1641 RETURN RECEIPT REQUESTED Michael R Corn Small Acres Dairy 735 Butler Bridge Rd Fletcher, NC 28732 Dear Michael R Corn, • PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN 1Jrrrrrnr RECEIVED Division of Water Resources JUL 1 8 20 10 Writer (duality Rmional Operations Ashevilte Regional Office Subject: Requirement for Phosphorous Loss Assessment Small Acres Dairy Permit No. NCA345007 Henderson County This letter is being sent to remind you that your current Animal Waste Management System NPDES General Permit issued by the Division of Water Resources (Division) requires periodic evaluation of potential phosphorous toss. Condition IV.8. in the above referenced permit states: "The Permittee shall perform a phosphorus -loss evaluation prior to application for renewal of this Permit in accordance with state and federal requirements. This evaluation must be documented on forms supplied by or approved by the Division and must be submitted to the Division. Upon completion of the phosphorous -loss evaluation, the CAWMP shall be updated to include the current risk assessment rating, and submitted to the Division upon application for renewal of this Permit." In North Carolina, the Phosphorus Loss Assessment Tool (PLA -1') is utilized to assess phosphorus loss risk on a Field specific basis. PLAT was developed by NC State University and the Natural Resources Conservation Service (MRCS) and addresses four potential loss pathways: leaching, erosion, runoff, and direct movement of waste over the surface. Each field must be individually evaluated and rated as either low, medium, high, or very high according to its phosphorus loss potential. In no case shall land application rates for any field exceed the established crop removal rate for phosphorus for Fields with a "high" phosphorus -loss assessment rating. There shall be no waste application on fields with a "very high" phosphorus -loss assessment rating. The ratings for each application field for your facility must be reported to the Division using the attached certification form along with the updated Certified Animal Waste Management Plan as a part of your permit renewal application. The PLAT field specific forms must be included with the certification form and copies shall be maintained with other farm records as required by your permit. State of North Carolina I Environmental Quality I Water Resources 1636 Mail Service Cerner I Raleigh. Ninth Carolina 27699-1636 919 807 6464 Michael R. Corn Letter . . Page 2 7/15/2016 You are encouraged to contact a certified technical specialist as soon as possible to being the process of having PLAT performed for your facility's fields. Contact the Division of Soil & Water Conservation for a list of certified technical specialists at 919-733-2302 or visit http://www.ncagr.gov/SWC/tech/animalwaste.html If you have any questions regarding this letter, please contact me at 919-807-6354 or the Asheville Regional Office at 828-296-4500. IMU i JUL Sincerely, Christine B. Lawson, Program Manager Animal Feeding Operations Enclosure cc: Asheville Regional Office, Water Quality Regional Operations Section Henderson County Soil & Water Conservation District WQROS Central Files (Permit No. NCA345007) e a NCDENR North Carolina Department of Environment and Pat McCrory Governor Mr. Mike Corn Small Acres Dairy 735 Butler Bridge Road Fletcher, North Carolina 28732 Dear Mr. Corn: December 31, 2014 0 Natural Resources John E. Skvada, III Secretary Subject: Compliance Inspection Animal Waste Handling System Small Acres Dairy — Facility 4 45-7 Haywood County On December 17, 2014, l conducted a routine Compliance Inspection of the animal waste handling system for the Small Acres Dairy. The records were in good order with the exception of not having any lease agreements. Signed lease agreements should be acquired and submitted to this office. The pump system installed in the drop box at the upper end of the facility near the silage pit cannot handle large volumes of water when rain storms occur. Also, debris can get caught in the pump mechanism causing it to fail. Currently you are milking 350 cows, but about 410 are in the CARO contributing to a high volume of waste. This office sent you a letter dated December 12, 2014 discussing the high levels of bacteria, ammonia, nitrates, and phosphorous in samples taken below your dairy. A requirement of that letter is that you hire an environmental consultant to determine where the contaminants are originating and a plan of action to rectify the problem. Thank you for your assistance during the inspection. if you have any questions regarding this inspection or need assistance of any kind, please do not hesitate to contact me at (828) 296-4500. Please review the Inspection Report for additional comments/observations. Water Quallty Regional operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanea, North Carolina 28778 Phone: 828-2964500 FAX: 828.299.7043 Intemet: http!llportal.ncdenr.orplweblwq An Equal Opportunity 1 Affirmative Action Employer Sincerely, Ed Williams Environmental Senior Specialist Enclosure Cc: Joseph Fludyncia DSWC. WSRO Jonathan Wallin— Henderson County Soil and Water Conservation District, 999 High Country Lane Hendersonville, NC 28792 CAF0 Files L Uj NCE W R North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvaria, III Governor Secretary December 12, 2014 Mr. Mike Corn 735 Butler Bridge Road Pletcher, North Carolina 28732 Subject: Stream sample results Small Acres Dairy No. AWC450007, Permit No. AWG200000 Henderson County Dear Mr. Corn: As part of your 2012 Plea Agreement, you are required to take water samples quarterly above and below the tributary that drains the area of your dairy operation. A review of those samples, taken quarterly since March of 2013, show extremely elevated levels of ammonia -nitrogen (NH3-N), orthophosphate (PO4), and fecal coliform in the stream just below your farm. site # site name month day year NH3-N PO4 Turb Fec Col mg1L mg/L, NTU CFU1100mL 0.02* 0.02* 1* 1* 0.09** 0.09** 5.9** I Small Acres Upstream 3 26 2013 0.11 0.12 3.9 60 2 Small Acres Downstream 3 26 2013 0.49 0.75 12.0 520 I Small Acres Upstream 7 25 2013 0.16 0.20 2.1 >2,205 2 Small Acres Downstream 7 25 2013 4.20 2.38 16.0 >12,240 1 Small Acres Upstream 11 7 2013 0.10 0.23 1.2 56 2 Small Acres Downstream 11 7 2013 1.07 0.84 6,6 2,233 1 Small Acres Upstream 6 23 2014 0.10 0.18 2.7 150 2 Small Acres Downstream 6 23 2014 1.10 2,46 9.7 1,100 Small Acres -200ft 3 Downstream 6 23 2014 nla 0.98 nla nla I Small Acres Upstream 12 2 2014 0.14 0.13 3.0 128 2 Small Acres Downstream 12 2 2014 0.63 0.61 11.0 1,150 Small Acres -200ft 3 Downstream 12 2 2014 nla 0.28 nla n/a Water Quality Rep Tonal operations -Asheville Reglonal Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828-298.45001 FAX: 828-299-7043 Internet: hitp:llponal.ncdenr.orglwebtwgtws An Equal Opportun#iy 1 Affirmative Action Employer Mike Corn • December 11, 2014 Page 2 of 2 The results appear to show an ongoing impact to surface waters of the State. Starting this month, the Division of Water Resources, Asheville Regional Office, will begin a sampling procedure where five samples are taken in the stream at various locations above and below your farm in order to determine if water quality standards for fecal coliform and other parameters are being violated. Based on the above results taken by you and analyzed by the Environmental Quality Institute (EQI), we recommend that you contact a private environmental consulting firm to conduct a detailed assessment of your farm to determine where these stream impacts are originating. Upon determining the sources of these impacts, a plan should be developed and implemented to abate further degradation of waters of the State. If samples taken by the Division of Water Resources show a violation of water quality standards, this office may proceed with enforcement actions. If you have any questions, please contact Ed Williams at (828) 246-4500, ed.williams ncdenr, ov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office G:IWRIWQ1HendersonlCAF0s\Sma1l Acres Dairy - Mike ComV.Small Acres Dec sample results letter 2014.doc � • A ircd R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary Novemebr 19, 2012 CERTIFIED MAII, 7008 1390 OOOO 1,106 6229 RETURN RECEIPT REQUESTED I Michael Corn N9 2 ? Small Acres Dairy i 735 Butler Bridge Road Fletcher, NC 28732__' Subject: Additional information request '� —• Permit No. NCA345007 Small Acres Dairy Henderson County Dear Mr. Corn: The Division of Water Quality has received an NPDES permit application forthis facility. Additional information is required for further review and public notice before the issuance of the certificate of coverage for the NPDES General Permit to this facility: 1. Phosphorous Evaluation: You have included the phosphorus loss assessment tool (PLAT) ratings in your nutrient management plan. Please also submit for each field the calculation datasheets that were used to arrive at these ratings. 2. Site ME: Please submit an updated `as -built' site map of your facility showing all the buildings, structures and land application areas at your facility. 3. Setback Man: Please submit a map of the facility and sprayhelds showing either a 100 -foot setback with no vegetated buffer or a 35 -foot setback with a vegetated buffer from surface water or wetlands or any conduit (including ditches, held drains, and drop outlets) to surface water or wetlands in and around your facility. Be sure to label the location of every ditches, drains and drop outlets. 4. Nutrient Management Plan (NMP-): Your NMP contains user -defined realistic yield expectations (RYES) and application windows for corn and small grains. Please submit a narrative explaining the need to use such user - defined values and any reference materials to support those values. 5. Field Man: The acreage used in the NMP for T-34172 (Fields 1, 3, and 12) appear to be more than those listed in the corresponding map. Please provide correct maps and acreage to match your NMP. Please submit the above requested information to my attention within 30 days of receipt of this letter. Please feel free to contact me at (919) 807-6341 if you have any questions. Sincerely, J. R. Joshi cc: Henderson County Soil and Water Conservation District Asheville Regional office, Aquifer Protection Section APS Central Files (NCA247026) 1838 Mall SeMce Center, Raleigh, North Carolina 27699.1636 Location: 512 N. Salisbury $1, Raleigh, North Carolina 27604 Phone: 919.807-64641 FAX: 91"07-6492 Internal: www,nmateraualitw.Qm An Equal Opportunity 4 Aftlrmatfve Action Employer None Carolina Xatura!!U U NC:DAACS Agronomic Division Picone: (919) T33-2655 Website: www.ncagr.govlagronoml! Report No. FY13-SL001393 Predictive Client: Mike Com 470 Jeffress Rd Advisor. Jonathan Wallin 61 Triple Springs Rd I' ✓T 'f,'" N FLETCHER, NC 28732 Hendersonville. NC 28792 .tet `} l� S o i I Report Mehlich-3 Extraction County: Henderson Received: samylea: 07/022012 07!1912012 =ed:0724l2412 Farm_ Links to Helpful Information -- Sample ID: SAF1 Recommendations: Lime Nutrients ([blacre) More Crop (tonstacre) N P205 K20 Mg S Mn Zn Cu B Information Lime History: 1-Com,Silage 0.8 180-220 50 140 0 0 0 0 0 0 Note: 3 2 - Test Results [units - WIV In glcnrc; CEC and Na in meq/100 crus; NO3-N in mgldm): Soil Class: Mineral HM% W!V CEC 13S% Ac pH P4 K4 Ca% Mg% Sa Mn4 Mn -All Mn-Al2 Zn4 Zn -AI Cu4 Me ESP SSa NO3-N 1.55 0.88 8.8 75 2.2 5.6 42 30 58 15 37 59 52 101 101 57 0.1 1 Sample ID: SAF3 Recommendations: time Nutrients (Ib/acre) More Crop (tonslacre) N P206 K20 Mg S Mn Zn Cu B Information Lima History: i-Com,Silage 0.6 180-220 0 140 0 0 0 0 0 0 Note: 3 2 - Test Results iunits - WN In glcrr?; CEC and Na in meg/100 cm3; NO3-N in mgldnrs): Soil Class: Mineral HMl % WN CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mn4 Mn -AH Mn AIZ Zn4 Zn -AI Cu4 Na ESP S54 NO3-N 2.44 0.87 9.1 76 2-2 5.8 143 29 60 14 32 38 40 112 112 210 0.1 1 Sample ID: SAF5 Recommendations: Lime Nutrients (lb/acre) More Crop (tonslacre) N P205 K20 Mg S Mn Zn Cu B Information time History: 1 -Berm Hay/Pas,M 0.5 180-220 40 200 0 0 0 0 0 0 Note: 12 2 - Test Results [units - WN in glerr?; CEC and Na In meg1100 cd; NO3-N in mgldra ): Soil Class: Mineral HM% WIV CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mn4 Mn -All Mn -M Zn4 Zn -AI Cu4 Na ESP SS4 NO3-N 0.76 0.92 7.3 75 1.8 5.8 43 15 57 17 29 101 78 76 76 100 0.1 1 North Carolina Reprogramming of the laboratory4nforrnadon-management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. - Steve Trotter, Commissioner of Agriculture :7 • Wc;DABCS Agronomic Division Phone: (919) 733-2655 Website: www.neagr.gov/agronomi/ Report No. FY13-SLOO1393 Mike Com Page 2 of 4 Sample 10: SAF7 Recommendations: Lime Nutrients (Iblacre) More Crop (tonslacre) N P205 KzO Mg S Mn Zn Cu B Information Lime History: 1 -Berm HaylPas,M 0.9 180-220 120 170 0 0 0 0 0 0 Note: 12 2 - Test Results [units - WN In glca; CEC and Na In meq/100 crrP; NO3-N in mgldm): Soil Class: Mineral HM% WN CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mn4 Mn -All Mn-Al2 Zn4 Zn -AI Cu4 Na ESP SS4 NO3-N 0.51 0.96 6.3 68 2.0 5.5 9 27 47 19 34 71 60 37 37 39 0.0 Sample ID: SAF9 Recommendations: Lime Nutrients (lb/acre) More Crop (tonslacre) N P206 K20 Mg S Mn Zn Cu B Information Lime History: 1-Com,Silage 0.0 180-220 0 20 0 0 0 0 0 0 Note: 3 2 - Test Results [units - WN In g/crr?; CEC and Na in meq/100 cd; NO3-N in mgldm;]: Soil Class: Mineral HM% W!V CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mn4 Mn -All Mn-Al2 Zn4 Zn Al Cu4 No ESP SS4 NO3-N 0.46 1.00 8.9 83 1.5 6.0 81 104 57 21 41 114 85 126 126 166 0.1 1 Sample ID: SAF11 Recommendations: Lime Nutrients (Iblacre) More Crop (tonslacre) N P205 K20 Mg S Mn Zn Cu B Information Lime History: 1-Com,Silage 0.0 1BD-220 0 0 0 0 0 0 0 0 Note: 3 2 - Test Results [units - WN in glca; CEC and No in meg1100 cn?; NO3-N in mg/drd]: Soil Class: Mineral HM% WN CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mn4 Mn -All Mn-Al2 Zn4 Zn -AI Cu4 Na ESP SS4 NO3-N 0.36 0.90 13.6 89 1.4 6.3 364 205 60 21 45 153 105 461 461 379 0.1 1 Sample ID: SAF13 Recommendations: Lime Nutrients (lb/acre) More Crop (tonslacre) N P20r, K20 Mg S Mn Zn Cu B Information Lime History: 1-Com,Silage 0.3 180-220 0 60 0 0 0 0 0 0 Note: 3 2 - Test Results [units.- WN In glcnts; CEG and Na in meg1100 cm ; NO3-N in mgldnr;]: Soil Class: Mineral HM% WN CEC BS% Ac pH P4 K4 Ca% Mg% Sa Mn4 Mn -All Mn-Al2 Zn4 Zn -AI Cu4 Na ESP SS4 NO3-N 0.41 0.90 9.7 83 1.6 5.9 119 fib 61 19 41 62 54 143 143 197 0.1 1 • 01L:DA&CS Agronomic Division Phone: (919) 733-2655 Website: www-ncagr.gov/agronomU Report No. F`(13-SL001393 Mike Com Page 3 of 4 Sample ID: SAF15 Recommendations: Lime Nutrients fib/acre) More Crop (tonslacre) N P2O5 KzO Mg S Mn Zn Cu B Information Lime History: 1-Com,Silage 0.0 180-220 0 50 0 0 0 0 0 0 Note: 3 2 - Test Results [units - WN in g/crrr ; CEC and Na in meWl00 cm3; NO3-N in mgldnr): Soil Class: Mineral HM% WN CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mna Mn -Ml Mn4U2 Zn4 Zn -Al Cu -1 Na ESP SS4 NO3-N 0.41 0.95 8.9 87 12 6.3 98 78 62 20 35 95 70 149 149 164 0"1 1 Sample ID: SAF17 Recommendations: Lime Nutrients (ib/acre) More Crop (tonslacre) N P2O5 K2O Mg S Mn Zn Cu B Information Lime History: 1-Com,Silage 0.7 180-220 0 0 0 0 0 0 0 0 Note: 3 2 - Test Results [units - WN In g/crr?; CEC and Na in meq/100 ctnz; NO3-N in mg/dm;]: Soil Class: Mineral HM% WN CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mna Mn,Alt Mn-Al2 Zn4 Zn4U Cu -I Na ESP SS4 NO3-N 1.61 0.80 12.7 83 2.1 5"7 224 156 59 19 57 164 115 172 172 241 0.1 1 Sample ID: SAF 19 Recommendations: Lime Nutrients (Iblacre) More Crop (tonslacre) N P2O5 K2O Mg S Mn Zn Cu B Information Lime History: 1-Com,Silage 1.0 180-220 0 50 0 0 0 0 0 0 Note: 3 2 - Test Results [units - WN in glerr?; CEC and Na in meg1100 cm3; NO3-N in mgldnT): Soil Class: Mineral HM% WN CEC BS% Ac pH P4 K4 Ca% Mg% S4 Mna Mn -All Mn -A[2 Zn4 Zn -A1 Cu -1 Na ESP SS -I NO3-N 2.29 0.90 11.2 80 22 5.5 166 74 60 17 54 161 114 114 114 329 0.1 1 0 �1 L.J Nt;UA&CS Agronomic Division Phone: (919) 733-2655 Website: www.ncagr.gov/agronomi Report No. FY13-SL001393 Mike Com Page 4 of 4 Understanding the Soil Report: explanation of measurements, abbreviations and units Recommendations Report Abbreviations Lime Ac exchangeable acidity If testing finds that soil pH is too low for the crop(s) indicated, a lime recommendation will be given in units of either B boron ton/acre or Ib/1000 sq ft. For best results, mix the lime into the top 6 to 8 inches of soil several months before planting. BS% % CEC occupied by basic cations For no-till or established plantings where this is not possible, apply no more than 1 to 1.5 ton/acre (50 lb/1000 sq ft) at Ca% % CEC occupied by calcium one time, even if the report recommends more_ You can apply the rest in similar increments every six months until the CEC cation exchange capacity full rate is applied. If MG is recommended and lime is needed, use dolomitric lime. Cu4 copper index ESP exchangeable sodium percent Fertilizer HM% percent humic matter Recommendations forfleld crops or otherlarge areas are listed separately for each nutrient to be added (in units of K4 potassium index lb/acre unless otherwise specified). Recommendations for N (and sometimes for B) are based on research/field studies K20 potash for the crop being grown, not on soil test results. K-1 and P-1 values are based on test results and should be > 50. If they Mg% % CEC occupied by magnesium are not, follow the fertilizer recommendations given. If Mg is needed and no lime is recommended, 0-0-22 (11.5% Mg) is MIN mineral soil class an excellent source; 175 to 250 Ib per acre alone or in a fertilizer blend will usually satisfy crop needs, SS-1 levels appear Mn manganese only on reports for greenhouse Soil or problem samples. Mn-Ali Mn-availability index for crop iMn-AI2 Mn-availability index for crop 2 Mn4 manganese index Farmers and other commercial producers should pay special attention to micronutrient levels. If $, pH$, $pH, C or Z M-0 mineral-organic soil class notations appear on the soil report, refer to $Note: Secondary Nutrients and Micronutrients. In general, homeowners do not N nitrogen need to be concerned about micronutrients. Various crop notes also address lime fertilizer needs; visit Na sodium ncagr.gov/agronomi/pubs him. NO3-N nitrate nitrogen ORG organic soil class Recommendations forsmall areas, such as home lawns/gardens, are listed in units of Ib/1000 ft. If you cannot find pH current soil pH the exact fertilizer grade recommended on the report, visit www.ncagr.govfagronomilot2art4.htm#fs to find information Pa phosphorus index that may help you choose a comparable alternate. For more information, read A Homeownet's Guide to Fertilizer. P205 phosphate S4 sulfur index Test Results SS4 soluble salt index WN weight per volume The first seven values [soil class, HM%, WN, CEC, BS%, Ac and pH] describe the soil and its degree of acidity. The Zn-AI zinc availability index remaining 16 IN, K-I, Ca%, Mg%, Mn-1, Mn-All, Mn-Al2, Zn-I, Zn-Al, Cu-I, S-1, SS-I, Na, ESP, SS-I, NO3-N (not Zn-1 zinc index routinely available)] indicate levels of plant nutrients or other fertility measurement. Visit www.ncagrgovlayronomiluyrst.htm for more information. 11 0 i Location ID: CORNDOWN-2 Collect Date: 02/1412012 Collect Time: 11:30 Sample Depth CAS # Analyte Name PQL Result/ Units Method Analysis Validated_6 Qualifier Reference Date LAE Sample temperature at receipt by lab Laboratory .Section 2Arts °C County: BUNCOMBE DLEAVITT NUT NH3 as N in liquid Sample 10; ABS0476 River Basin FRB /1 (, `V/ Cj ' wAr iQ �G PO Number # 12WO007 Report To AROSP 1.4 mg/L as N Date Received: 02/1012012 CGREEN 1,�, �U� 1.6 mg/L as N LaclO-107-04-1-c 2122/12 CGREEN Time Received: 08:00 Collector: G DAVIDSON �` Lac10-115-01-1 EF Lobworks LoginlD DLEAVITT Region; ARO 0.02 1.57 Report Generated: 2112 Sample Matrix: SURFACEWATER CGREEN Nitrite as N in liquid Date Reported' 031 0312 212 0 1 2 Loa Type: RIVER/STREAM Lachat107-04-1-c 2116/12 CGREEN Emergency Yes/No UsitlD COC YeslNo Loc. Dow.: TRIG TO FB MIKE CORN FACILITY i Location ID: CORNDOWN-2 Collect Date: 02/1412012 Collect Time: 11:30 Sample Depth CAS # Analyte Name PQL Result/ Units Method Analysis Validated_6 Qualifier Reference Date LAE Sample temperature at receipt by lab 1.3 °C 2116112 DLEAVITT NUT NH3 as N in liquid 0.02 0.61 mg/L as N Lac10-107-06-1-d 2122112 CGREEN Total Kjeldahl N as N in liquid 0.2 1.4 mg/L as N Lachat107-06-2-H 317/12 CGREEN NO2+NQ3 as N in liquid 0.02 1.6 mg/L as N LaclO-107-04-1-c 2122/12 CGREEN Phosphorus_total as P in liquid 0.02 0.38 mg1L as n Lac10-115-01-1 EF 2/22/12 CGREEN Nitrate as N in liquid 0.02 1.57 mg/L as N Lachat107-04-1-c 2/27112 CGREEN Nitrite as N in liquid 0.01 0.03 mg/Las N Lachat107-04-1-c 2116/12 CGREEN r-i !4 r 11 0 D 6(711� \ia' BOD 310 COD Higb 340 MeL MIVL DWISIONIOF WATER QUALITY M01- Colifa= MF Feral 31616 1100r l Ln jIgE jZ]'` 7(o r �J�% 11 pond Cedifeam tube Fecal 31615 ` KAR2 6L 1 Z Chemiscg berg" Report! Wates Qgal t7 Colifbmc Fm1 31673 11 00n Rrahs Total 500 --`i : AfN1 VOW tae Soy Faced 510 R=id= Snspcndcd $30 Indl. MVIL MWL Volatile 535 Faced $40 SAWLE TYPE ❑ _. _._ _ TYPE PH 403 uoits D.S. R[C i d : COUNTY x RLVER BASIN_ _hh a �. r`1 .'J 7 PRS, , _ },; '."�;E ja,[]',u•�xr--ice QA-SF'RFaht Altrfiavy to pH 83 415 ❑ EFF1.L'i;T7T ABvEiaity to pH 4.5 410 Time Recri.ed: Gh lil.� J RsrornedBy `77 r l� _,.. M9L utbiday 76 NIU ColifurwToul Tube /100 eat aunim do 14pin uVIL Hexavalent Ch=um 3LF_PORTTO : ;-iStt'C.J`� OZi� r'rl=� Cl-IAINOFGZISTODY Ca:boaatc ❑ EAKE ❑ B�LL�iT -8(L- Hg1631 CMltc : ❑ EMERGENCY VISIT ID ❑ ESTUARY Datapsed F.CTOIt COLljS) : L7 . �J r, v t ij ��� C] Date Reartrd Ra«,,,as„d BOD Rao¢: Station Location: i- 1Z, -;D� r d1i,1 .� [- +Yi..a [-:icLlt• Ji 5erd: Chlarinaoefl: Remarks: �YC, LA� Snson Nllwentiaa Cade Z Date Be& (y)lmmldd) Date Fad (yylmm/eld) Time � a bad T- Deptb - DM, UB, DBM Vafae Type - A, R, L m Copaeito-T, S. B Snoeple Type tau. jLi - ►-� 1 t1:3C BOD 310 COD Higb 340 MeL MIVL COD Low 33 5 M01- Colifa= MF Feral 31616 1100r l Crli6— MF Total 31504 11 pond Cedifeam tube Fecal 31615 1100m1 Colifbmc Fm1 31673 11 00n Rrahs Total 500 myL VOW tae Soy Faced 510 R=id= Snspcndcd $30 Indl. MVIL MWL Volatile 535 Faced $40 tt YL me PH 403 uoits Acidity to pH 45 436 =V L Acidity to PH 8.3 435 -WL Altrfiavy to pH 83 415 MS(L ABvEiaity to pH 4.5 410 mg/L TOC 680 M9L utbiday 76 NIU ColifurwToul Tube /100 eat aunim do 14pin uVIL Hexavalent Ch=um o9fl- Bicabonam WeL. COMMENTS: Chloride 940 -#L V TKN mr N 625 EWL ChlmoPbyll a EPA 415 0 modified option udl P: Total as P 665 =OIL Calor. Tnu 80 Color (PH) 83 pH= C.U. e.n. Color. pH 7.6 82 c.u. Cyanide T_0- -WL Fiumide 951 tt7gel. Fonmldehyde 71880 mgt Currie and Chas 556 OWL - Hardness Total900 - Spesi5e Camel 95 [mos!® MEAS 38260 mV(L Pbcaols 32730 url- Sulfite 945 mg✓L Sutfide 745 -#L Boron 4L aunim do 14pin uVIL Hexavalent Ch=um o9fl- Bicabonam WeL. Ca:boaatc mI+L. Total Dissolved solids -8(L- Hg1631 —en NH3 as N 610 VEL V TKN mr N 625 EWL V NW plus NO3 u N 630 m¢L P: Total as P 665 =OIL PO4 as P 70507 MZIL P: E tmrved as P 666 tttglL K-Potassiturt -WL Cd- C omium 1037 ug1- 0-C hromimt:Total 1034 udl- Qt- Copper 1042 uWL WNicW 1067 usrL Pb- Lead IDS] UWL 2s- Zinc 1092 >VIL ---Ob tto Ag- Stater 1077 Al- Alum -mum 1105 U171- DIOL ug'L Be- BeayBium 1012 UWL Ca- Calcium 916 MVIL Co— Cobalt 1037 4L Fr Iron 1945 UYL Mo -Mo VIOL. St -Aurirmny -eL SM -TM 7Lnll1Vm ua V6'L Tt-Tiwnntm uel. Hg1631 —en 1}Litbiuxn 1 132 MjfL Mg Magncsmn 927 MWL Ma-Manvu a 1055 uMfL Na- Sodintn 929 -WL Atseaie:Total 1002 oWL. Se-Sgrspnm 1147 ug<L Lig-Meaney 71900 ^u�pjL "L y Otp mochloram Pesticides orp—t Orgutonitsngm Pesticid— Acid Hmbicides Gasoline �Tetaperslure oV atmal (°C_r. �14— s _ J 7 _ �L'1 � fir,► '�—, County: BUNCOMBE Sample ID; A1380477 River Basin FRB r� WA lE V t J PO Number f# 12W4608 �O '4Sy L1�1/fl`{' Report To AROSP �0 G �� Data Received: 02/1612012 Collector. G DAVIDSON 1 �,� Time Received: 08:00 r I' Labworks LoginlD DLEAVITT Region: ARO Report Generated: 3113112 Sample Matrix: SURFACEWATER Dale Reported; 0311312012 Loc. Type: RIVERISTREAM Emergoncy Yes/No VisitlO COC Yes/No Loc. Descr.: TRIS TO FB MIKE CORN FACILITY Location ID: CORNDOWN-3 Collect Dale: 02/1412012 1 Collect Time: 11:10 Sample Depth ,CA_S-# Analyte Name PQL Result/ Units Method Analysis Validatedbv Qualifier Reference Date LAB Sample temperature at receipt by lab 1.3 °C 2/16112 DLEAVITT NH3 as N in liquid 0.02 0.73 mg/L as N Lac10-107-06-1-J 2122112 CGREEN Total Kjeldahl N as N in liquid 0.2 1.8 mglL as N Lachat107-06-2-1-1 2122112 CGREEN NO2+NO3 as N in liquid 0.02 0,96 mg/L as N LaC10-107-04-1-c 2122112 CGREEN Phosphorus total as P in liquid 0.02 0.57 mg/L as P LaciO-115-01-1EF 2122112 CGREEN Nitrate as N in liquid 0.02 0,88 rnglL as N Lachat107-04-1-c 2127112 CGREEN Nitrite as N in liquid 0,01 0.08 mg/L as N Lachat107-04-1-c 2116112 CGREEN RECEIVED MAR 2 2 20;2 Asheville Regional omce Laboratory Section>> 1623 Mail Service Canter, Raleigh, NC 27699-1623 (919) 733.3908 For a dataiked d0eeriplion of [h© gUplir10r codes rotor 10 Itdp ranaLrKdenr.o webt—datIttalhoraliai,assistY,Ua7•i OualdasCtxiv s��hgp-//portal,nrderv.ar&�wsf�lwy(I IiflI Trq(,er Page 1 of 1 f . k i Lao number Date Rermived :2-1 (C — T1'L en !, Time Rived : C3 C C) Received By : G9 . Essimasad BOD Range: Station Locatiao: ��r= ` R +.' t"- t7 '- i �•�{-.� C �•;'== C'1C��lZ �{ Seed: Chlorinated: Rerrrarkv: i' \ C C 3� \� 1. t4 Station tilS.aoatlen Cede Date Begin (wlmmrdd) Date End (yvhamldd) Time Br=ira Tient E Depth - D VL, DB, DPM Vttoe Type - A, H, L Composite -T, S, B Sample Type 0 BOD 310 DIVISION OF WATER QUALITY COD Hid 34D mg'L COD L O- 335 Chemistry Laboratory Report! Wtter Qualtty Caliform MF Fetal 31616 !1 DDmI � �' : � � � ~• Il00ml SAMPLE TYPE !1 DOml COUNTY RIVER BASIN: �, PRIOR" AMBM'NT QA Residue: Total 500 .�STREAM EFFLUENT REPORT TO _ S ty . t Regional Office -� McLL4.NCE CHA¢a OF CUSTODY rng1L LAKE INFLUENT Volatile 535 EMERGENCY VISIT ID Feed 540 ESTUARY PH 403 units Acidity w pH 4.5 436 Acidity toH 83 435 COL.L.ecroRlS, : 4� , v J COL Anmhaity to pH 83 415 meli. Alkalinity to pH 4.5 410 TOC 680 tt EX Turbidity 76 Lao number Date Rermived :2-1 (C — T1'L en !, Time Rived : C3 C C) Received By : G9 . Essimasad BOD Range: Station Locatiao: ��r= ` R +.' t"- t7 '- i �•�{-.� C �•;'== C'1C��lZ �{ Seed: Chlorinated: Rerrrarkv: i' \ C C 3� \� 1. t4 Station tilS.aoatlen Cede Date Begin (wlmmrdd) Date End (yvhamldd) Time Br=ira Tient E Depth - D VL, DB, DPM Vttoe Type - A, H, L Composite -T, S, B Sample Type 0 BOD 310 mglL COD Hid 34D mg'L COD L O- 335 -VrL Caliform MF Fetal 31616 !1 DDmI CoMo n: MF TOW 31504 Il00ml Coliform tube Fecal 31615 !1 DOml Colifmza: Fel Strep 31673 11 DDm1 Residue: Total 500 muL Volatile 505 tel, F¢ed 510 rng1L Residue: Suspended 530 "PPL Volatile 535 mg'L Feed 540 mVIL PH 403 units Acidity w pH 4.5 436 Acidity toH 83 435 MeL. mgrs. Anmhaity to pH 83 415 meli. Alkalinity to pH 4.5 410 TOC 680 tt EX Turbidity 76 NN Coliform Total Tube 1100 ml Hcxavalcal Chromium ugrL. Bicarhanate mzn- COMMENTS: Chloride 940 mg'L- ✓ TK.N as N 625 tttglL- Chlorophyll a EPA 445.0 modified option ua F. Total as P 665 rn81L Color Tr� 80 c u. Color. (PH) 8I PH- c -u. Color: pH 7.6 82 c.u. Cyanide 720 m91L Fluoride 951 twL. Fortmldehyde 71880 mg/L. Gonane and Oils 556 moll - Hardness ToW 900 mwL Specifu Cond. 95 umhoV= MBAS 38260 mCR Pbeools 32730 uVIL. Sulfate 945 mglL Sulfide 745 mg1t Boron mg/L 7aoain L` Ligtm uwL Hcxavalcal Chromium ugrL. Bicarhanate mzn- CarhoaMc +L Tool Da:al.ed Solids mg(L Tl -Thallium ug/L Ti -Titanium uVrL Hg -1631 -4 NH3 as N 6 t 0 m87L. ✓ TK.N as N 625 tttglL- NO2 plus NO3 as N 630 UWL. F. Total as P 665 rn81L PO4 as P 70507 -61L P: Dissolved m P 666 mFIL. K -Potassium mY/L Cd- Cadni,m+ 1027 ug/L Cr-Ghmrrti sTotal 1034 aM(L Cu- Copper I D42 u8'L Ni -Nickel 1067 uqrL- Pb- Lead 1051 uDIL- Zn- Zinc 1092 ug1L V -Vanadium ug/L Ag- Silva 1077 ugfL Al- Aluminum 1105 uEVL. Be- Beryllium 1012 u®'L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug1L Fe- Imu 1045 ug'L Mo -Molybdenum uEfL- Sb-Antimony ulyL Sn-Tin upfL Tl -Thallium ug/L Ti -Titanium uVrL Hg -1631 -4 Li -Lithium 1132 ug'L- Mg- Magnesium 927 mp/L Ma-Manpaese 1055 np'L Na- Sodium 929 u8fL Arsenie:Tara11002 ug/L Sc- Selenium 1 147 u#L Hg Mercury 71900 ndL, Ba -Barium un'L Organochlorine Pesricides Orpnophosphorus Pesacida Orgnonitrogen Pesticides Acid Herbicides B"eNeutraiSA6d Exuuuble OrVmia TPH Died Range Ptageable Orpgnics (VOA bottle regd) TPH Gasoline Rang TPH7B7Fat Gasotinc Rw.V Phymplanlaon T=Vcratute on arrival (aC): s County: BUNCOMBE River Basin FRB Report To AROSP Collector: G DAVIDSON Region: ARO Sample Matrix: SURFACEWATER Loc. Type: RIVERISTR_EAM Emergency YeslNo VisitlD COC YeslNo 0.20 tJ� WA+FR Loc. Descr.: TRIB TO FB MIKE CORN FACILITY i. • Sample ID: AB80479 PO Number 0 12WO610 Date Received: 02111612012 Time Received: 08:06 Labworks LoginlD DLEAVITT Report Generated: 3113112 Hate Reported: 03!1312012 I I Location ID: CORNUPS I Collect Date: 02/1412012 1 Collect Time: 10:30 I Sample Deplh f l CAS # Anal)4e Name PQM Result] Units Method TAnalysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1.3 °C 2/16112 DLEAVITT NUT NH3 as N in liquid 0.02 0.04 mglL as N Lac10-107-06-1-J 2/22112 CGREEN Total Kjeldahl N as N In liquid 0.2 0.20 mg1L as N Lachat107-06-2-H 2122112 CGREEN NO2+NO3 as N in liquid 0.02 1.9 mg1L as N LaC10-107-04-1-c 2122112 CGREEN Phosphorus—total as P in liquid 0.02 0.03 mglLas P LaclOA15-01-1Er 2122112 CGREEN Nitrate as N in liquid 0.02 1,9 mg/Las N Lachat107-04.1-c 2127112 CGREEN Nitrite as N in liquid 0.01 0.01 U mglLas N Lachat107-04-1-c 2116112 CGREEN nECEG tl E® MAR 22 2G',2 Asheville Regional Office Laboratory Section» 1623 Mail Sorvico Center, Ratolgh, NC 27699-1623 (919} 733.3908 For a detailed description of the eunlillor codes reror to howilpartaimcdentaWwnkQUPlir)tr,Cndcx ehttv:llryranal ncdr�r.nralweh/w� / Ws+nrfinfolrr.r.hae�ty_ Page 1 of 1 d - DIVISION OF WATER QUALITY Cbemisay Laboratory Report I W:ter QnaOry ,7 .: ;, `"..�] i � ❑ SAMP[.E TYPE COUNTY 7 PRIDR� �7, I RIVER BASIN: h C� ❑ AMBII�fT QA }m STREAM ❑ EFT: ENT REPORT TO ;'" 1�� �� C Regioaal OEtR COMPE]AT10E CHAIN OF CUSTODY E] LAKE ❑ INFLUENT Otbv ❑EMERGENCY VISIT ID ❑ESTUARY COLLECTOR(S) r 7 Lab Nuab=; Dstc Reccired : Time Received :d Received By 1 Esdunted BOD Range: Ststieo Location: —ri= `Ys T✓ Seed: Cbtartnated: Remarks: A Y L: Statloa Nacstlea Cede pate Begra (yylurm/dd) Date End (yylmm/dd) Titres Timr End Dcp1b - DIM, IDS, DSM Valor Type - A, H, L campesite-T, S, B Samot Type ILA • ) -� . ( ``i , t -7 o ROD 310 COD Higb 340 COD Loan 335 MM1- nwL nwL Catif= MF Feral 31616 1100wl Coliform: MF Total 31504 Coliform tube Fen) 31615 110071 110071 Colifc=Feral Strep 31673 110071 Residue: Total 500 -VL Volatile 505 tag/L Fixed 510 mp/L Residue: 5 530 TMCIL Volatile 535 -#L. Faed 540 mgJL pH 403 units A,Lm' to pH 4S 436 -4L.. Acidity to pH 93 435 rng7- Alkaliatty to pH 83 415 Alkalinity to pH 43 410 n*L --- TOC 690 rabidity 76 oIeL NTU Colif7m Total Tube 1100 ad Su16dc 745 M9fL Boma ug/L Tannic dt L 40in ug7. Hexavalent Cbroavam udL Bicwto arc MYL COMMENTS: Chloride 940 -dL. TKN an N 625 M9fL 1>zloropWI a FPA 445.0 mudi6W option ug/1.. P: Total as P 665 atyi. Color. True Be CM. Color. (pH ) 83 pH- C.u. Color. pH 7.6 82 c u. Cywidc 720 -WL Fluoride 951 myjL. Fwualdchyde 71880 -OIL Gtcmc and Orfs 556 -wL Hudnea Total 900 -91L. Specific Cond. 95 utnhot/an MEAS 39260 mg/L Phenols 32730 uprL Snlfatc 945 oag/L. Su16dc 745 M9fL Boma ug/L Tannic dt L 40in ug7. Hexavalent Cbroavam udL Bicwto arc MYL Carbonate ugfL Total Dismlwd Solids mg7 TFTwmium ug/I Hg -1631 aglL NW as N 610 utg/L TKN an N 625 M9fL NO2 p1w NO3 as N 630 rnglL. P: Total as P 665 atyi. PO4 s5 P 70507 MZIL P: Diaolved as P 666 nFjL K -Potassium MI(L Cd- Cadmium 1027 ag/L Cr-ChmtmtmcTotnl 1034 uWL Cu- Copper 1042 ug(L Ni -Nickel tO67 ugfL. Pb- Lead 1051 uvL Zn- Zittc 1092 V -Vanadium ug/L uV'L All-Sif v 1077 uprL AI-Ahnsr>mtno 1105 ugfl Bc- Bcryllmm 1012 udL Ca- Calcium 916 M91L Co -Cobalt 1037 ug/L Fo- lron 1045 uWL Mo-Molybdcaum ug)L Sb-Antirnony ug/L Sn-TM ugfL TI -Thallium ugrl . TFTwmium ug/I Hg -1631 aglL frLrthiom 1132 ua?L Mg. Magdesinm 927 MWL Mn-Maapnete 1055 udt Ns Sodium 929 -9fL Arsenic -Total 1002 uV7- Se- Selenium 1147 ug/L Hg- Mcr=ry 71900 udL HrHaritaa us(L Organochlorine Pesticides Oren .Whores Pesumdt5 Orpnwumgn Pesticoa Acid Herbicides BaselNrutmlRAcid Extractable Orpnirs TPH Diesel Range PurtcableOTpnics(VOA boulc V) TPH Gasoline Ran TPHrBTEX Goal' ne R W Phyr Isnkion Temperature on arrival (aC): ) —3 County: BUNCONI River Basin FRB Report To AROSP Collector: G DAVIDSON Region: ARO Sample Matrix: SURFACEWATER Loc. Type: RIVERISTREAM Emergency Yes/No COC Yes/No Date Received: VOID Loc. Descr.: TRIS TO FB MIKE CORN FACILITY Location 1D: CORNDOWN-4 Collect Date: 02114!2012 Collect Time: 10.50 Sample Depth CAS # Analyte Name PQL Result! Units Method Analysis Validated by - Qualifier Reference Date LAB Sample temperature at receipt by lab 1.3 °C 2/16/12 DLEAVITT NUT O� Wp TE�4 f Sample ID: PO Number # A680478 12W0609 0.02 0,69 Date Received: 0211612012 2122/12 (7 Total Kjeldahl N as N in liquid 0.2 O 'C Time Received: Labworks Loginl0 08:00 DLEAV[TT CGREEN NO2+NO3 as N in liquid Report Generated: 3113112 mg/L as N Lac10-107-04-1-c Date Reported: 03/13/2012 VOID Loc. Descr.: TRIS TO FB MIKE CORN FACILITY Location 1D: CORNDOWN-4 Collect Date: 02114!2012 Collect Time: 10.50 Sample Depth CAS # Analyte Name PQL Result! Units Method Analysis Validated by - Qualifier Reference Date LAB Sample temperature at receipt by lab 1.3 °C 2/16/12 DLEAVITT NUT NH3 as N in liquid 0.02 0,69 mg/L as N LaclO-107-06-1-J 2122/12 CGREEN Total Kjeldahl N as N in liquid 0.2 1.4 mg/L as N Lachat107-06.2-1-1 2122/12 CGREEN NO2+NO3 as N in liquid 0.02 0.79 mg/L as N Lac10-107-04-1-c 2122112 CGREEN Phosphorus—total as P in liquid 0.02 0,47 rng/Las P Lac10-115-01-1 EF 2122112 CGREEN Nitrate as N in liquid 0.02 0.70 mg/Las N Lachat107-04-1-c 2127/12 CGREEN Nitrite as N in liquid 0.01 0.09 mg/Las N Lachat107-04-1-c 2116/12 CGREEN RECEIVED MAR 22 �C;2 Asheville Regional office Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the puahtior codes refer toI�tIP1e'kY �tai!+aA r�� !�ryfjwri�(wpJW hh,!�lf� 4 i'u c �,;a.� nLnt:-Clp.n4!ie• Cnyir�a !-p'de ib[51;if�p�u!?--.'�..i_`hl:• Page 1 of 1 DIVISION OF WATER QUALITY Cbeulstry Laberatory Rtport I Water Quality E] SAMPLE TYPE COUNTY ', `"'-• MQIPrI'1' RFVLR BASIN: }} IT 17 - EIAMBIENT L] (7A STREIM EFFLUENT REPORT TO : ,�i� 41�y A Regional Office COMPUANCE CHAIN OF CUSTODY � LAKE FIATFI.GENT Other : EMERGENCY VLSI!' [IT ESTUARY COLLECTOR(5) : Ly ^-3 olt>r 60\ Lab Number - �7 pare Reoci.ed Time, Bed : t� Received ived By Estimated BOD Range: Station Location: rti-`17,, -Zj C- h T.i'.11�c C ` (•-`i 0 Seed: Ctdorinated: Remarks: SuBsra /llseatba Code Data Begla (yylmm/dd) D.te Eod W-- d) Tkme TSme d Depth - D%1, DB, DBM Vahae Type • A, H, L Composit-T, S. B Sample Type Z. 0 BOD 310 mg/L COD High 340 mg,'L COD Lowy 335 mp'L. C Ul!bror MF Feral 71616 Mond Coliform MF Total 31504 1100"1 ColiEarm: tube Fecal 31615 !100011 CokiLbrm Fail Suep 31673 1100ad Rebdue: Total 5DO mglL voinme $05 Mel - Feed 510 meL. Residue: Suspended 530 MVL volawe 535 Fuzed 540 nv L MWL PH 403 units Acidity to pH 4.5 436 MV'L Acidity to PH 6.3 435 AdWiniry to pH 8.3 415 "grL TawL Ar— inity to pH 4.5 410 -eL TOC 680 ugll. Turbidity 76 Coli6otm Total Tube NTO 7100 ml Hexavalem (bromium u61. Bicarbonate mg7L Carhonale mpfL COMMENTS: Chloride 940 -911- g/LChlorophyll Chlorophylla EPA 445.0 nudi5ed option ugfL. ✓ NO2 plus NO3 as N 630 ueJl. Color. True BO r.u. Color. (PH) 83 PH. c.u. Color: pH 7.6 E2 c.u. Cyanide 720 -911- glLFluoride Fluoride9$1 mglL Formaldehyde 71880 mg1L Grease and Oils 556 -91L Hardnen Toni 900 mgrl- SpeciSt Cond. 95 umboslcm MBAS 38260 osplL. Phenols 3'.730 vg L Sulfite 945 r*L Sulfide745 mgi- Boron ugll. Tannin & Lignin ug/L Hexavalem (bromium u61. Bicarbonate mg7L Carhonale mpfL Total DissoNed Solids mg/L Sn•Tin ugtL T7 -pallium ug,'L rr rttanium u#L u N610 -91L ✓ TKN as N 625 tttgll, ✓ NO2 plus NO3 as N 630 ueJl. ✓ P, Total as P665 mglL PO4 as P 70507 TTWL P: Dissolved as P 666 nwL. K-Patraium nVIL Cd- Cadmium 1027 ug4. Cr-Cltromtum:Total 1034 ug1L Cu- Copper 1443 ug'L Ni -Nickel 1067 eVrL. Pb- lead 1051 up'L Zn -Zinc 1092 vVIL. V_V..dium ug'L Ag- Silver 1077 uj(L Al- Aluminum 1105 UVI Be -Beryllium 1013 ugll. Ca- Calcium 916 ngli. Co- Cobalt 1037 n�L Fe- Lion 1045 uDrL Mo -Molybdenum uglL Sb -Antimony vp/L Sn•Tin ugtL T7 -pallium ug,'L rr rttanium u#L Hg -1631 nel- Li-Lithium 1132 ug1L Mg. MaMesium927 mFJL Ma-Mangaaem 1055 earl. Na- Sodium 929 mSIL. Arsenic:Tota11002 u@fL 50- Solatium 1147 ugiL Hg- Merrury71900 B. -Barium ug(L oWL Orpnochlorine Pesticides Orgatto osphorus P.Ucidca Organowitrngen Pesticides Arid Herhicides BardNeutraldAcid Extractable Organics TPH Diesel Range Puzz-ble Organics (VOA bottle req'd) TPH Gasoline Range TPHIBTEX Gasoline Range Phytoplaukton Tetnpeaum on =TivaL ('Q: County: BUNCOMBE River Basin FRB Report To AROSP Collector: G DAVIDSON Region: ARO Samplo Matrix: SURFACEWATER Loc. Type: RIVERISTREAM Emergency Yes/No COC Yos/No Report Generated: VisitlD Loc. Descr.: TRIS TO FB MIKE CORN FACILITY Sample 10; AB80475 PO Number # 12WO606 Date Received; 0211612012 Time Received: W00 Labworks LoginlD DLEAVITT Report Generated: 3113112 Date Reported: 0311312012 Lgcalion IU: CORNDOWN-i Collect Date: 0211412012 Collect Time: 11:40 Sample Depth CAS # Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1.3 T 2116112 DLEAVITT NUT NH3 as N in liquid 0.02 0.56 mg/L as N Lac10-107.06.1-J 2122112 CGREEN Total Kjeldahl N as N in liquid 0.2 1,2 mg/L as N Lachat107-06-241 2122112 CGREEN NO2+NO3 as N in liquid 0.02 1.8 mg/L as N LaclO-107-04-1-c 2122112 CGREEN Phosphorus—total as P in liquid 0.02 0.33 mg/L as P LaciO-115-01-1EF 2122112. CGREEN Nitrate as N in liquid 0.02 1.79 mg/L as N Lachat107-04-1-c 2127!12 CGREEN Nitrite as N in liquid 0.01 0,01 mg/L as N Lachat107-04-1-c 2116112 CGREEN (RECEIVE® MAR 22 LC 1Z Asheville Regional Office Aquifer Protection Laboratory Soctlon>> 1623 Mail Sarvice Center, Raloigh, NC 27899-1623 (919) 733-3908 For a detailed description of the qualifier codes rotor to rrr wph %Sfla�rarlinlo ss�s�n'u quaif,cr C.f1(iF} chlSp'yIpgfhl,Rf.Ultlf.91 wei�Jw�rJiab/ rc nflInroj-h,�s;jt; Page 1 of 1 LJ DueRer� :Z-10`rZ Tme Racised : SQ Rneei,ed By : Estimated SOD Ltas;e: Station Location: ti 1 G v Seed: Chlorinated: Remarks: _� t ~ -, :LL \S. a t{ • :-� Stadus� � flea Cade - ' Date seen (yy1mmldd) Date End (ylmm/dd) 1'i�e Be=is� TimeE> Depth - DK DIS, DBM Val" Type - A, H+ L Composite -T, S, R Sample Type BOD 310 n vL COD High 340 COD Low 335 aT/L. mprL DIVISION OF WATER QUALITY f l0D w Chemistry Lzbotatsry Report! Water Quality 1100w ,�I _�� COUNTY `J `- PRiORITY ❑ CA1�fPIFTYAF LLLVER BASIN : "t- 4� 0 AMBIENT QA �SFRE-4M F-1 EFFLUENT REPORT TO A trtL-y'. k` = Regonol Office COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT EMERGENCY VISIT My COL COLLECTOR($) = F57UARY ❑ Residue: SusperAM 530 mel - LJ DueRer� :Z-10`rZ Tme Racised : SQ Rneei,ed By : Estimated SOD Ltas;e: Station Location: ti 1 G v Seed: Chlorinated: Remarks: _� t ~ -, :LL \S. a t{ • :-� Stadus� � flea Cade - ' Date seen (yy1mmldd) Date End (ylmm/dd) 1'i�e Be=is� TimeE> Depth - DK DIS, DBM Val" Type - A, H+ L Composite -T, S, R Sample Type BOD 310 n vL COD High 340 COD Low 335 aT/L. mprL Coliform MF Fcal 31616 f l0D w CDIifDrtsu W TOW 3 t 504 1100w CofifDrm: tube Fecal 31615 l l0oml Coli%rac Fecal Suep 31673 1100'1 Ruiduc: Total Soo -gfL Vohdile Soy Fixed 510 Mgt n*(L Residue: SusperAM 530 mel - Volatile 535 Fixed 540 m®7. M91L PH 403 units Acidity to pH 4.5 436 mal Aridity to pH B-3 435 'PIL Allalinity to pH 63 415 'g4. Ailolmvy m pH 4.5 410 04L TOC 680 mglL Turbidity 76 NTU Coliform Tow Tube f 100'1 ug1L Hen valent Chramium ug✓r1 Bicarbonate nsglL C-mbonuc mg/L Total Dissolved $o lids morL ugrL t ,re,+la.at. Cbloride 940 mgL 7KN m N 675 tag/L Chlorophyll a EPA 445.0 modified option ugrL rn9fL. L/ F. Total as P 665 Color. True 80 C -u. Color: (pH ) 63 PH- C.U. Color: pH 7.6 82 K-Peusrium Cyaaidc 720 —cu. --vLL Fluoride 951 met Fortzaldehyde 71680 UIWL Care and Oils 556 mmlyrL Hnrdam Total 900 FOWL. Specific Cond. 95 u'hos/= MBAS 38260 'B/L Pb=ots 32730 uWL. Sulfiut 945 eregfl- Sulfide 745 -VFL. Soren C+ Calckm 916 Tannin A L ipin ug1L Hen valent Chramium ug✓r1 Bicarbonate nsglL C-mbonuc mg/L Total Dissolved $o lids morL ugrL TI -Thallium ugfL. TrTaanium ug(L H 1631 v MO as N 610 ugL mfi1L 7KN m N 675 tag/L L NO2 plus NO3 as N 630 rn9fL. L/ F. Total as P 665 m9/1. PO4 u P 70507 -;rL P: Disml ed as P 666 MWL K-Peusrium -el- Cd. C+4+++i= 1027 ueL. G1:hrmcaumTotal 1034 ug(L. Lir Copper 1042 u&fL Ni -Nickel 1067 ugL- Pb- Lad 1051 ugrL Zn -Zinc 1092 ug(L- V-Vanadium ugfL Ag- Silver 1077 ug'L N• Aluminum 1105 vZ(L Be- Beryllhun 1012 ugfL C+ Calckm 916 mgfL Co- Cobalt 1037 ulirL Fe Iron 1045 uef. Mo -Molybdenum ugfL Sb-Antmgny uWL sn-70 ugrL TI -Thallium ugfL. TrTaanium ug(L H 1631 nil Li-Lithittm 1132 Mg. Mapciinm927 ugL mfi1L Mn -Manganese 1055 ug'L Na- Sodicmt 929 nwL. Ae'setic:Total 1002 upL Sc- Selenium 1147 ug/L.. Hg- Mc=Ty 71900 tgrl- B*-B"m Or9mochlorine Pcrtirides Organophosphorus Pestwktw up L Orgmoukragm Pesdcdes Acid Herbicides B= Nsuoall4Amd Extrsetable OrFpni= TPH Diesel Range Purbuble Orpnks (VOA bottle req'd) TPH Gasoline Lung TPHIBTEX Gasoline Range Pbytoplartbon Temperaurc on ariW rC)2�-s -Z County: HENDERSON River Basin Report To AROSP Collector: G DAVIDSON Region: ARO Sample Matrix: SURFACEWATER Loc. Type: RIVERISTREAM Vd ArpRQG M Sample ID: AB80549 PO Number # ARO Date Received: 0 211 712 0 1 2 Time Received: 12:00 Lebworks LoginlD KJIMISON Report Generated: 311112 Date Reported: 03/01/2012 Emergency Yes/No MOO COC Yes/No � • 7 1 7 Loc. Dsscr.: TRIB TO FB -MIKE CORN FACILITY Location ID: CORNDOWN 1 Collect Date: 02/1712012 Collect Time: 10:06 Sample Depth Result/ Method Analysis CAS # Analyte Name PQL Units Qualifier Reference Date Validated by Others Sample temperature at receipt by lab 4,4 °c 2/17112 DLEAVITT Coliform, MF Fecal in liquid 1 190 CFUI100ml APHA92220•20th 2117112 CGREEN MAR 0 9 �C 1Z AshevHle Regional Oflice Aguilar Prot r inn Laboratory Section» 1623 Mail Service Center, Raloignh, NC 27699-1623 (9113) 733-3908 For a detailed dwripllon of the qusldler codes refer to hh (ortrl.nrAej r_n g(�jllwcUla rary nlalirrhn.ss srligA1h µ11a1 f er C.ndes 5jglji�lflr l'iJI.M1Ld P,r f.Q NWE I] Silrl {f) f'f..hA 1115_ Page 1 of 1 DIVMION OF WATER QUALMY / Q C6—is57 L+baratcay Rq-,t f wt— Qt,liey CO7I1�-IY l&L` tet,, -rSD..ME= E) RIVER RAM : D A).mtEN-r El QA n n7S-&V � EFi1.L,hT REPORT TO :--G/ Re9caal co`, (a CO--MM.JANM E] CHAIN OF CLMWY LAIM DMAJENT Other. FSvSFACaF3�1CY YSiI'ID FSTi1AAY COLI❑CaI1.EL7OR(S) : Ltb Naa:bes . �y �� Doc R xixd d . j ! T�R-6,,td: , P_''Dy: E06dftd HOD>:- r s Lam6w- Lf" A f -t) )=I — A I Les C.D(-,k 4z V-4,1 t1 y Sccd: Chi -i-t d: Ra $-. SaA*:& * m9i= Cada Dau ' (yylmmlda) bite End (yy/mml dd) T=e Been Time Esd Depth - Dn D& D&M Va3m Type -A. H. L Cum f /p i , / pasitri. 5, H Ssmpk type BM 310 —�L C13D Ftigb 340 MeL CMLo "-, Ca};S vvIa FevI31616 Co7:4....r ►g Toh131504 trq+S. 110CH 1l DOvd Cobf= arise Ftsa13I615 11 DOrW Cal&.. Tow nm 31673 110Om1 TtW S00 ass Vob=k 505 13MIL F=d 510 Eli Rssidm: Suspended 530 =V*L Reed 540 swL. pR403 ca Acidify to pH 43 436 Acidity to PH 8.7 435 =WL Ta ADabnq W pH 1.3415 meL ' to 4.5410. ' asst. TUC 610 Tbibidity 76 ColiloemToW Tube sal. NTU 1100 m1 SW!ke Sts 5a25s1e 745 M*L C l0&32tt5: CLkaidc 940 tr%WL TMN m N 675 ZMWL 1 s EPA 4455.0 toad• W vAon c0'L Y. Teal as P 663 Color Tt CD eo. Cokar: (pH) 13 PW ass Color.pH76 22 C.Q 720 Eli F11Xsidc 951 VQ(L Famgld6yde71860 MSIL Cceas and ON 556 a* Si.,r Toa190D -VI- Sp—ftCid. 95 umbc4/cm MSA$ 38260 asst. Pbrswls 3273v aerL SW!ke Sts 5a25s1e 745 M*L Car Cs1ci= 916 9WL IT. tk Li8=ia MVL ort C *L. cm baesta aalL asst nisml ed solids ayLL 7b,11— uwL rTt i lqL 1631 aT(1 ZM o N 610 -WL. TMN m N 675 ZMWL 1062 Plus 1N= is N 630 t*l. Y. Teal as P 663 PO4 as P 70507 ttslL. P: Das*Fr d as P 666 =WL K-P"mzicm =W• Cd- C WTrirL 411027 udL Q4Ch :s-^nTo:11 IM4 owl. Cu CopW 1042 UOL M4 IScW 1067 tvvL Pb Lead 1051 -VI- Za Zimc 1092 cwL V-Vmad.= -ga- Ag Sthar 1077 Al -Alum 1105 Br Hayilina 1012 owl. Car Cs1ci= 916 9WL Co- Cobalt 1037 Far b= 1134i *L. cu �— mwL 7b,11— uwL rTt i lqL 1631 aT(1 1132 Idn-Msgmn 1055 UWL Na- So &= --- 929 npyL Atsmie7eW 1002 vdL 71900 County: HENDERSON River Basin Report To ARROSP Collector: G DAVIDSON Reglon: ARO Sample Matrix: SSURFACEWATER Loc. Type: RIVER/STREAM Sample 10: PO Number # Hata Received: Timo Received: Labworks LoginlD Report Generated: Date Reported: A ,w AB80550 ARO 02117/2012 12:00 KJIMISON 311112 03101/2012 Emergency Yes/No VlsitlD COC Yes/No 7 . 7Loc. IZ J Doscr.: TRtB TO FB -MIKE CORN FACILL-`( Location ID: CORN DITCH PRECONF Collect Date: 02/17/2012 Collect Time: 70:07 Sample Depth Result/ Method Analysis CAS # Analyte Name PQL Units Qualifier Reference Validated by Date Others Sample temperature at receipt by lab 4.4 "C 2117112 DLEAVITT Coliform, MF Fecal in liquid 1 2900 CFU/104ml APHA9222D-20th 2117112 CGREEN Protection Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a datnilod description of the qualifier codes refer to ht1a://nnrtal ncdenr n ts/wet lah/srafirnfollr•r.hassnttlUata Quaprux Cedes <hVp Ltportal,nr.denr.nrj(weh wqr 1,2 lstnlhnrr�/tuna s,i: Page 1 of 1 DIVISION OF WATER QUALITY Cb—ietty L banrv+y Repors I Wet— Qteliry 1J }� SAMZLF. RIVER RkSV : A1uB>ENr 0 QA ® STREAM ❑ EFFERENT REPORT TO : Rc&rW Off= � COMffLUNM 0 CHAIIr OF CL-.7WY r-1 I-AKE � 7PriLIFEti7 La -.! \RH7tG�'CY \'g�f ID E577IAAY COLI.ICCTOIL{s) o UbNL-.L"- 00510 Due Rzmrmda -1.7. JZ It= Rer eved - 1(�✓� Awed Fidmssc s eoD Rat+>[c slztMa l.su 6-! : e - `- ' ov'A ( "+7 • Seed: CLIos4mted; R�ario: .FOS _ �1r `S/�.1yt /1l'pn siailaa 11ll.vatiaa Cafe Dm 93& (7Y1mmJtld) Daft Ead {y>'immtdd) Teme Baia rmsr Ead DeptL - nA+1- na D1?73 Valae T7pe _ A a i Comp�ite-T, 5.8 S.mple rape HOD 310 M L- bC1D 11;'� 340 MWL CML —335 =WL Calif..-d4F 1Fesa131616 n00=l Cnlifmsn W Told 31 SO4 1100.1 C difars wbe Fe A 31615 /I ODa1 Calismm'Fe i 316i"3 Mori Taia1 500 =atL Valmt7e505 mliL Find 510 rmjL Rasa 530 VWL Valscle 535 -,dL F=cd 540 MWL pH 403 taxa to pH 4.5 436 mdL Acidizy me 1.3 435 "WL ADalim t to 8.3415 m*L ADmi=�,wpH43410 mwL TOC 680 MeL 76 NIU Cotifam Tad1 TaSe n5o mL rTr-rsiam 7631 Lhfaride 940 moll. N= Plrtt NCQ ae V 630 P: Tot1 a P 665 awFL m9L, CTlmepbyll s FPA 445.0 modi5+d vaiaa oe/!. l -. D? =I.ed n P 666 =dL Color. T— 80 c.a. Cder. (PH) 43 pll' e.0 cc4w. PH 7's 22 c m Cy ride 770 mwL. Flmuidc 957 Fm-..aldzlyde 71 s80 mpg eryi. Chr aad Oriz SS6 vwL Hw h.m Tow -900 ulwL spcetfc Coad 95 umbod= LffiA.S 38260 ag1 Ph..ols 32730 uliL Sulfine 94i f*L. Sd5dc 745 cyL Fs Iran 1045 ugrL anmir. d' L pin mwL rat C&omisas Il=ffboawe vwL, Owb=ce El Lq- Tcod Diseolsod sdids stall, rTr-rsiam NFn ae Nt 6 i o Tw as N 625 =WL N= Plrtt NCQ ae V 630 P: Tot1 a P 665 awFL m9L, r04 u P 70507 oe/!. l -. D? =I.ed n P 666 =dL K-Paticsium Cd- Cadr>m 1027 -dL uwL C (a,r ..i—Taml 1034 CWL Ctr Capps 1042 wwL lvt-N--J d 1057 -%- Pb. lead 1051 apo. Zr a.. 1092 UWL. V-VmudiLtm twt Sihc 1077 WL Al- Alumim— 1 105 uwL. Be- B=Tah=:012 mwL. Ca- Ca1li— 916 Co- Cobalt 1037 vwlL Fs Iran 1045 ugrL Sb-And-acy apo. Sc Tm apo. Thallic 56 rTr-rsiam 7631 Li -Lr-, n 1132 VeL. M& RSags 927 =#L Msr.Y =per 1055 oe/!. N.- Sod= 429 =dL As k.Tetat 1002 DO- 5- Sd=k=1 141 CWL Hg- Me ry 719W wwL Ba$rmm COL Orp n MDrmc Pcr=do 15rcir Pct7dda Acid Hatida TM I)irsd R=u as write! County: BUNCOMBE Sample ID: ABB0455 River Basin FRB pF VA "Ey Q: PO Number# ARO Report To AROSP Loc. Dow.: TRIB TO FB -MIKE CORN FACILITY Date Received: 0211412012 i o—;tion ID: CORNUP ; lime Received: 13:00 Collector: G DAVIDSON CAS # Analyte Name PQL Result/ Units Method a c Labwarks LoginlD KJIMISON Region: ARO Reference Date Others Report Generated: 311112 Sample Matrix: SURFACEWATER Sample temperature at receipt by lab 4.1 "c Date Reported: 0 310 112 01 2 Loc. Typo: RIVER/STREAM 2 U m91L APHAS210B Emergency Yes/No VisitlD COC Yes/No 7. 171 Loc. Dow.: TRIB TO FB -MIKE CORN FACILITY r i o—;tion ID: CORNUP Collect Date: 02114120i2 Collect Time: 10:30 Sample Depth CAS # Analyte Name PQL Result/ Units Method Analysis Validated by, Qualifier Reference Date Others Sample temperature at receipt by lab 4.1 "c 2114112 DLEAVITT BOD, 5 -Day in liquid 2.0 2 U m91L APHAS210B 2115112 CGREEN Coliform, MF Fecal in liquid 1 1 CFU1100mI APHA9222D-20th 211402 CGREEN Residue_ Suspended in liquid 6.2 6.2 U mg/L APHA254013-20th 2115112 CGREEN ESV. MAR 0 9 2C 12 Asheville Ronional Office AaLlifer Pretec'oon Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (9i9) 733-3908 For a detailed description of the qualifier oodes refer to Irtipj1portal,ncdeneoi}t�wgh w lah :,rafisTfu/tnrh7sv�tsnoasa (1ual�r�er C0�4L5 �hlt�:�frmrtal.ntdrn�or�jwrb�w��An!!jsr,f info rr•rhaZisu- Page 1 of 1 f 3 0 DIVISION OF WATER QUALM Cb-mam 7r La---" Rep— 1 water Qaalky ❑ C11f9R E TYPE COUNTY RIVF3t 3ASLN: _ r t� AiJ_B1EhT OA y�[1 S]'RF1.M EFFLUENT REPOAT To A, -YF;.,, RAKtdoqs= ,N] Ct7 VLL4N[:- ED 01AiN CF CLsrCOY ❑ LAKE D: umrr Od m : 1 CY visa m ESMASY tab Nambet -I Dale ;";r;- T1"m, R cgi,� : -111-Tov Aaai�d By I E.-d=tea3Ontiaarc Sudaalentf 1i ti Yom, JV�1i�r C�� rt�Ci�lr`! sccd: cblmmisacad: R.=wc4eL_ A e o a:4 c ti. A,a-&k seem alL.atlar code Aare AeP. (yyla.ldd) Date a' d ryy/n gld) Time Eek Time Ead nept6 - nM. D3, III" valve 11yp. - 4,11, L Camp.titf i Sti s s.mpl. ±rp. Gert -1 J �S z- iq • 1-L._ Z', 1 `1i- 17— ►n 7>v BOD 310 =,#L COD Higb ]40 MPOL COD Lw 335 COL el CA -is— Aff Fed 31616 /100m1 Cafifm= W Todd 31504 /100=1 ahb� Tube Fed 31615 1100m1 Colilb=Fed Sem 31673 Rw dr . Tcml 500 VOWdim 505 no0m1 MOIL F"mdd 310 =rL Rssdtc S30 He volcmlo 535 fr d 540 aVIL myL 4� Dabs Adds y to pH 4S 436 ndL Ad4by to pH 8.3 433 =wL. " to pH93 415 MWL "Mmfautytm SLH 44 410 TOC 60 Twbidixy7fi c*L ML NTLI CG0oem Tow Tube 1100=1 Sa18dc 745 e:gL Hmoo ndi. T=miz do ag7. Hawdcta Csa tyJl. Chby.idc 940 rani_ TKN ma N 625 mw'L CslosaphyH a EPA 445.0 mad.5ed option owl P: Tool as P 665 =WL Color True so rsL Calan. (pH) t13 pH- ca. Color. pH 7.6 92 s..a eS-id. 720 1 FhwrWa 951 =eL FmtmlCebyde 71 RSD =EjL Cssax mad OIls 556 MWL Hmrdaem TOW 900 =eL Coad 95 =bw= %C3A53S260 M91L Pbzx1s32730 411E a�1 IS. "--- 945 MWL Sa18dc 745 e:gL Hmoo ndi. T=miz do ag7. Hawdcta Csa tyJl. Hirmboazte cz&mwdc r3dL MWL oad i iwoh Solids myL 1631 adL :um msla 610 =eL TKN ma N 625 mw'L xd2 Nm n x 6;a owl P: Tool as P 665 =WL PD4 a? 70507 MWL T. Db� as P 666 OWL . x-Pouw= a21- Cd- caa:.i= :02r Cr-Ch.c�=J 1034 agrL -11L Ctr- 1042 ajfL 1067 ajfl. Pt. Lead 1051 a�L 7s r=1092 uVL -Vaaad,= S,lees 1077 TM Dicx] 1Lsa AF Akannm 1105 13F Be:yll� ]D12 411E a�1 c� Calcium 916 Co- C b& 1037 EE- ZeL Ft )ram 1D45 e:gL ?tlo�lalybd� ndi. SrTm tyJl. 71-7talb= 41, Taaak= UWL 1631 adL 1rla:ixa 1 132 UVI Ids- 1 m mw'L ma -Adan 1055 a Na• Sod;, 929 mcfL Arami=Totai 1 OD2 MOL Ss Seieasmto 1147 marL H}Memury71900 a21- BrBativm ajL Qrzmac ,k T= Pes=31s clr a -vbamm Pew " t� P'csricas 1166 W bkida F=w;+1.la Qcaim TM Dicx] 1Lsa [hsolme Sang 7'1%MTEX G m Um RxmF bods mq'di ' '»> m mrrisl f Emergency YoslNo VisitlD COC Yes/No ✓ • �. Loc. Doscr.: TRB TO FB -MIKE CORN FACILITY Location ID: CORNDOWN 4 Collect Date: 02114/2012 Collect Time: 10:50 Sample Dopth CAS # Anal a Name pQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 4.1 tory-.Sect n To&� _ DLEAVITT County: BUNCOMBE mglL APHA5210B Sample ID: AB80456 River Basin FRB tjF WAT�q PO Number # ARO Report To ARDS P �O� Q� Dale Received: 02114(2012 yTime Received: 13:00 Collector: G DAVIDSON a Labworks LoginlD KJIMISON Region: ARO Report Generated: 311112 Sample Matrix: SURFACEWATER Date Reported: 031011201 7_ Loc. Type: RIVERISTREAM Emergency YoslNo VisitlD COC Yes/No ✓ • �. Loc. Doscr.: TRB TO FB -MIKE CORN FACILITY Location ID: CORNDOWN 4 Collect Date: 02114/2012 Collect Time: 10:50 Sample Dopth CAS # Anal a Name pQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 4.1 °C 2114112 DLEAVITT BOD, 5 -Day in liquid 2.0 22 mglL APHA5210B 2115112 CGREEN Coliform, MF Fecal in liquid 1 84 CFUl100rnl APHA9222D-20th 2114112 CGREEN Residue—Suspended in liquid 6.2 14 mg/t_ APHA25400-201h 2115112 CGREEN n, co Ut V E: D M.AR 0 9 21C. ",2 Asheville Regional Office Aquifer Protection Laboratory Section>> 1023 Mail Service Center, Raleigh, NC 27699-1623"(919) 733-3908 For a dataded deselpllon of the quehilor codes rotor to tr�d/nortnl.nrdenr.omrdwef� gQah/srarUnla/lecl+a5si5ttlUaSn qua4li�r Cedes rhttn'/InunaLnrdenr.orRfwPh wr b/swldnfolrr.�n;rssist:• Page 1 of 1 0 s DIVISION OF WATER QUALITY ` Ch.=Lmy Lab rotary Repan 1 Wata (?Uoa%y v u �j 7 4- SAMM F 7YPF C0t1hTY P P.$I0� -- -- --- RIVER BAS¢ : _ nn _ �l t� AM903h'I' F QA STRFa]✓• ❑ F.FFux— REPORT TO Ragoaal OL's:e Y, OOMP .iAti--. L) CHALK OF CUSTODY E LAKE E] 24F -L -t -i -ENT -1 : �c E?[E]ttGF1:CY (v�lSFf ID FSII3ARY COLI ' y C0LIECT'0R75, : � lr., . i"� .ra .4 r Eati=ted B0D Ranyr 5tailaa hull¢¢: Tli 'c- - a-�G: ;i,Lct4 R� ZC Seed: CLk.haased: emarks- _ - - $atma tMRdoo C¢dt - { Dau Eegs (Tylmmmdj Dan End (rrh¢mlddl Time Baia j Tlme End I Depth - DM, DH, DB►S Value Type -A. 13. L CemP we -r.54 B Ssmpie Type . E`ir-!2. l i• Z �n'.ji� am 310 CAO Hi;.k M taaL C&L CmtL 335 cats ^'lwff Fen] 31616 Cwno,= Ee Toal 315'04 =#L 1100a:1 A001ml MnColi6srsa Cabe F= 31615 Feo1 Sats 31673 !]ODmI riacad R.&= T.W = MwL Vodu& SOS =vi - Ford 510 r3 Rrad-S 330 mdL Valm7e 535 F=d 540 406 MWL MWL �iis ImWityu,pH4.5436 Marl- Atid'aym 33435 »»n- AAmSnivym pH 93 415 UVI A taimiry m 45 410 mL TUC 690 T=bictkY76 =dL NFI1 Caub-Tool Thbt JI DD m1 WAW 943 np'L 9s15dc 745 MVI. Ha 1012 UUT At Livb WL C0NgdM 75 : Ct.mde 940 z�1 D a FPA 445-0mdi5cdoption vVfL NO2 pha NC3 as N 630 `I - Color.Tt 20 c.a 1. filar. ) 93 c¢. Colts pH 7.6 92 r3 cyacw 720 myrL Fluande 951 a6 _fm=Qq0_V& 71 BSO Marl- G� attd Ods 556 -DrL Hallam Taal m00 .MWL v0'L " cmmd 95 tn�adem IdBAS 33260 MWL pb=0102730 veL WAW 943 np'L 9s15dc 745 MVI. Ha 1012 UUT At Livb WL Eia .d= Cht. Hkisbaarue nZeL. Cubetmm RYL TOW A3� Solids mg(L Sb-l5ati�my So•Ta ttpT. 'Ehanimm MWL NM as 610 1dgpsiaa 927 TXN - N 625 Ida1+1a� 1055 NO2 pha NC3 as N 630 `I - Tow is P 665 aeL PO4 is ?705D7 =BfL P_ Dismhed at P 656 =&I- -P¢tass= >�L Cd-! 1027 ail. Cr-D==i==ToUd I M Co- Ceppm I D42 UdL NrN1 1067 v0'L Flt L=d 1031 -firL Za-Zt=c 1092 aam: Y=.di.= VOL SDs 1077 np'L Al- Ahmmam 1105 ufL Ha 1012 UUT Ca- CAA :m 916 =V'L Co Cobah 1437 UPIL Fs+hm IUS RYL Mo-lda U#L Sb-l5ati�my So•Ta ttpT. 'Ehanimm MWL 71-7 tt�1 Hg1631 adL Li-L.hhi= 1172 ¢WL 1dgpsiaa 927 -Or• Ida1+1a� 1055 rrL Na -Rod; -929 =Gf1_ Ars�ir.T'aal 3002 1s3/L So-Sdealnm 1147 vBfL Axid County: BUNCOMBE Sample ID: ABB0457 River Basin ARB of WATFo PO Number# ARO Report To AROSP `off P� Date Received: 02J1 4120112 Tlme Received: 13:00 Collector: G DAVIDSON Labwarks LogInID KJIMlSON Region: ARO APHA5210B 2115112 CGREEN Coliform, MF Fecal in liquid 1 290 CFU1100ml Report Generated: 311/12 Sample Matrix: SURFACEWATER 6.2 54 mg/L APHA25400-20th 2/15112 CGREEN Date Reported: 03/01/2412 Loc. Type. RIVERISTREAM Emergency Yes/No MOO COC YeslNo Loc. Doscr.: TRIG TO FB -MIKE CORN FACILITY 3. 7, / Z Location ID., CORNDOWN 3 Collect Date: 0211412012 Collect Time: 11:10 Sample Depth CAS # Anal to Name Others Sample temperature at receipt by lab PQL Result/ Units Qualifier 4.1 "G Method Reference Analysis Date 2114112 Validated by DLEAVITY BOD, 5 -Day in liquid 2.0 26 mg/L APHA5210B 2115112 CGREEN Coliform, MF Fecal in liquid 1 290 CFU1100ml APHA9222D-20th 2114112 CGREEN Residue—Suspended In liquid 6.2 54 mg/L APHA25400-20th 2/15112 CGREEN RECEIVED �4AR 09 2C12 Asheville Regional -Office Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1823 (919) 733-3900 For a detailed description of the qualifier codes relet to hn imort+i,nuft n wth _ lah/stjf infn,rvct�ass�stkRata Quahhcr Gxis. s �httr /! ortat nrdeni�rgfwra/w� i,b( taflptfo nr.+,artii�ir Page 1 of 1 1 * DIVMON OF WATER QUALM Ch-dmy lLb.mu" Rap.n I W.t Q-11ty COUNTY � � ' Q SA'M F TYPE RIVER awsav:n r t2 ❑ AMSMJT ❑ QA REAbd Q EFFLUWT REPORT TO : "t'tc...pryp�a! 1?13ce .� INCE 0 '.MAIN OF Ct1STODY ❑ L -E Q rcFL11-NS OtLrs Q F1rI77tGIIJ6Y V61Tm Q E.S7llARY COI33:CTOR(S) M Lab Nvxbei`�i Rzmiwd By F-��+� BOD R=sem 5n6e. Le Tim: -rCZ-` 1 �� [' �i J\AL"c C o(�-' F �GL;LC't Seed: CM.rfaated: ReanrL.t: A Y G `• '77 tS C tt•iGLI L ..C" D." a.zm trI✓e,eraa) I Ikr< Fd 07ft 11" nm. a*0. ITL—Fed Depth _ naL Da. DB..M V.1aw Typ. - A. H. L C4mp.dtfT. S. a 5-.P1 TYpe Gl`a 9oWcti —� Z ice{ 1Z 7: •1`�.1� BOD3J0 mdL COD MO 340 MPIL ' COD Lf 335 mdl. CoEfm= bff Fml 31616 licca Cam ASF TOW 31304 1100c1 C. I& -- t=he Feta! 31615 1100.1 Coliform Fra! Sttsp 31673 ri00ir1 Cyanide 720 eel. Volatile SDS MeL Fiord 510 md1. Rte: Smpt&ed 530 =OIL Vah2u 53S UWL Faed 540 afl7- am mnh A,:bft to pH 4-S 436 art. Aci&y m pH 83 435 ¢tdli. ArAah Lyto pH 83 413 -I(L M 43 410 TOC 680 MdL n Co52wmT4ad Tub[ NTA !100::1 lY`rdmam mdL GZlaaidC 940 mdL TICK n N 525 E CL1aa'pkY6 a EPA 445A m� eptim ad(L P: ToW s P 665 mdL Color. Tm[ d0 z¢. Cotm (pH) 83 pill c.a Cole -pH 7.6 82 C.n Cyanide 720 eel. Ffoaride 951 MeL ymmaidaydc' 7188D mwL Cease sod ORs 556 CWL H Tata) 900 ndL SPCCT=CM,4 95 naLaslcm 'WRAS 38260 OWL. Ptem s 32730 art. salfco 945 mgti. Sed>Sde T45 FILL kinan tysLti R Int En Chra� cdL lY`rdmam mdL Csr6�» aEY1• ¢nl Divol.cd Solids D ,,.nk,.., UWL Tbxm= WL Hriol DdL Nm u N 610 r�2 TICK n N 525 E NO2 plx NM a N 630 OWL P: ToW s P 665 mdL 704 n P 70507 -V'L P: Dim -l. d as P 666 t#L 1C.P0e122sstm r.1yL Cd_ C daiim 1Dr twL Q•C�.x-nts�T¢a11034 UWL Qt -Capper 1042 140 dcd 1067 UWL Pb- [fad 1051 ndL Za Z-= t 092 evi- Vaaaditca SiMr 1077 ndL Al- Ahmimm 1105 C—lb- Raw Be- gftyuiwn 1012 Qb- Cslti rn 916 Co- CoSah I037 Fe- hm 1045 ndL lY`rdmam WAud==7 smperm_te w strint So -7'm D ,,.nk,.., UWL Tbxm= WL Hriol DdL i -x i hicm I In adL Idr Mzg— 571 Ma -Ma IM5 ¢tplL =(L Ns- Sadlm 9D CeL A-caiCTwA lam adL Ss selmim 1147 ¢rL Hr MmrmY 71900 t#L 64-Iicim nr]- Putwd� P pa PrDicid= Arid Habirido EmaCtabit Dies!R=Z. P -p bl. ors— (VOA Lata. Ry d) 0=,a 's C—lb- Raw smperm_te w strint COC Yes/No Aquifer proteCtion Loc. Descr.: TRIB TO FB -MIKE CORN FACILITY J r L Location ID: CORNDOWN 2 Collect Date; 0211712012 Collect Time: 10:12 Sample Depth ResUIV Method Analysis Validated by CAS # Anal a Name PQL Qualifier Reference Reference Date Others Sample temperature at receipt by lab 4.4 °C 2/17112 DLEAVITf- Coliform, MF Fecal in liquid 1 112 CFU1100nil APHA9222D-20th 2/17112 COREEN Laboratory Section}> 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3909 For a detailed dascnPfion nr Iho quallliar codes raiar to ligp!^�n,.o,p/,+r:lgwy�iul,(;ian�ma(_�sn,,;tia,mP_i 0u:s1,n Page 1 of 1 A(MrWO L.dhordtory.S'ection WeJWj County: HENDERSON Sample ID: AB80551 River Basin W A fiR PO dumber #1 ARO Report To AROSP n� O R E C� V E ®y pG Data Received: 0211712012 U Time Received: 12;00 Collector: d DAVIDSON o Lebworks Loginl6 KJIMISON Region: Sample Matrix: ARS SURFACEWA ER MAR 0 9 2C �7 Report Generated; /12 311011 Date Reported: 03!01!2012 Loc. Type: RIVERISTREAM Emergency Yes/No Nl;heVitte Regit�lsItIOfCe COC Yes/No Aquifer proteCtion Loc. Descr.: TRIB TO FB -MIKE CORN FACILITY J r L Location ID: CORNDOWN 2 Collect Date; 0211712012 Collect Time: 10:12 Sample Depth ResUIV Method Analysis Validated by CAS # Anal a Name PQL Qualifier Reference Reference Date Others Sample temperature at receipt by lab 4.4 °C 2/17112 DLEAVITf- Coliform, MF Fecal in liquid 1 112 CFU1100nil APHA9222D-20th 2/17112 COREEN Laboratory Section}> 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3909 For a detailed dascnPfion nr Iho quallliar codes raiar to ligp!^�n,.o,p/,+r:lgwy�iul,(;ian�ma(_�sn,,;tia,mP_i 0u:s1,n Page 1 of 1 r DrVLS1ON'OF WATER QLTMJTY Cbnais* L -bb- ory Report / was- Qualify �1 ❑ C 4�RPf F TYPF COIF%TY r7G 5 6 n PR1ORM - - HiVE31 BASL` : ❑ ANGIEN'T ❑ QA �A STREAM ❑ FSFL ma REPORT TO M [�% RrgamaS Offwe CONII'1 I&NC£ ❑ CElAN Of CUSTODY ❑ LxA m ❑ LITwm, r Olber : ❑ EMERc&VCY %TWi ID ❑ Es-ruARY COILECTOR(S) = C- �.. _. Lab D. T= R-.vs,d : 1.QJ Rem.ed by Estimawd 130D Raaf S+aeiaa Laz lis*: Lr rl3 I -,., Iv, CvrrL e.�[r r • Sed: CEderisated: ReesarLs: _ _-_ - 54>waa NL x2tiaa Cody Dane Bgii (yylnrnldd) Ikte End W=nfdd) Time Bea., Time End Depth - D±,S, DB. DBM Vs1.e Type -A. IL L Co�potile T, s B Ss=y k�ype Cpf�. a 1/0,1.2,1 El 800310 Ct3D H& 340 -wL =WL COD Law 335 mdL. Colifb= MF Few131515 Cali6eruxWFTasf lSO4 Coli. t.br FeW 31615 f100=1 ADOed floolr1 CeI&x Fees] Stzcp 31673 /IoDH Resdor.TovJ 500 Volsuie $05 Feed 510 myL mg7. Residue: Surma 530 mWL VOL44e 533 =F/L Ford 540 PH 403 MWL vain Acidi'ym 4.5435 myL A id" to 13 435 =dL Alkslisiiy m pii 8] 4 ES mil. ADmlh*y m pH 45 410 aa+L TOC 68o =wL 76 Nm Colism,aTnd Toho: /100=1 Saline 943 ml(L Sa15dc745 Cr Caleiaea 915 � a=ria a Lida ayL Fe. bre 1045 o4'1L. COvi�t�i7'5 : Cbloridc 940 -wL TKN m N 625 myL Chloea Wl ■ EPA "5.0 modi5cd option ,jL P: T*ud m P 565 a*L. Calor. Tse t0 e.a, cuter, ) 113 c u. ,Colw-PH7.697 c.v. Cyadds 720 mg'S,. Fl=ed- 951 -vt F..Wddryde 71160 =dL faeae and O.3s SS6 mil. Eludeeg Toa1900 MI(L Spec Coad. 95 reit.ad= MILAS 38250 =&L Fbcoolz 32730 eyL Saline 943 ml(L Sa15dc745 Cr Caleiaea 915 � a=ria a Lida ayL Fe. bre 1045 o4'1L. a+tlL- C•erb� UOL vol D m -' Solids mgt 17-'I'>vAmm agR. rT'As=ic= u9L 1531 1,79 as N 610 mwL TKN m N 625 myL NO2 l= NW zs N 530 UVL ayL VWL uyL P: T*ud m P 565 a*L. PC14 at P 705M -wL. P: D+sol• d a P 566 -2wL K-Po=szf m mg1L Cd-C+a"mi=zs 1(L'7 UVI- r'•-Chra.hmmTon11034 VdL Ca- 1042 ogL I ov o;lL Pb-IMW IOSI UPL In- Zinc 1092 mllL V-Vsasdi=l LWL At Saw 8077 vdL Al-Ah=iz =1!OS vyL 8e- 1012 Cr Caleiaea 915 � Co- catch 1037 a�1. Fe. bre 1045 o4'1L. Sb-Andmczxy UOL Sa Tm VeL 17-'I'>vAmm agR. rT'As=ic= u9L 1531 IiLwinm 1132 IWL W 34sw-im= 927 CMIL 1055 NrSodiam9n AamioTnral 10M Se, Sd-iam 1147 Ftp muy71900 UVL ayL VWL uyL Bsmma oil. . PzasrirYs Modes Pesceidw Reid Fiofiiodet HgR�kSmalbJlrad Prrsnabla Orpmia Diesd Aag Orpmea bmlc "q'd) MH Gamlae RMF TnvwrjDc Gmlcu as 45ti.a1 i't-'7 Others Sample temperature at receipt by lab 4.1 rz, 2!14112 ULEAVM SOD, 5 -Day in liquid 2.0 29 aA_ County: BUNCOMBE CGREEN-- Sample ID: AS80458 River Basin FRB pF W A'1'�,4 y PO Number # ARO Report To AROSP C- - Date Received: 02/1412012 =f 'nine Received: 13:00 Collector: G DAVIDSON o '< Labworks LaginiD KJIMISON Region: ARS Report Generated: 3/1112 Sample Matrix: SURFACEWATER Date Reported: 0310112012 Loc. Type: R1VER15TRE;AM Emergency Yes/No VlsitlD COC YeslNa TO CORN `j 3.7 ' - Loc. Doscr.: TRIB FB -MIKE FACILITY Location ID: CORNDOWN 2 Collect Date: 02/1412012 Collect Time: 11:30 Sample Depth CAS Analyte Name PQL Result/ Units Method Analysis Validated by. Qualifier Reference Date Others Sample temperature at receipt by lab 4.1 °C 2!14112 ULEAVM SOD, 5 -Day in liquid 2.0 29 mg/L APHA52108 2115112 CGREEN-- Coliform, MF Fecal in liquid 1 230 CFU1100rnl APHA9222D-20th 2114!12 CGREEN Residue—Suspended in liquid 6.2 6.2 U mg/L APHA2540D-2011i 2115112 CGREEN Laboratory Section>> 1623 Mail Servico Contor, Ralotgh, NC 27699-1623 (919) 733.3906 For o detailed description o! the qualifier codes refer to h, ttpWportaLncdenrsZrElweh)wo/1ah13tatnloltccha %1St# are _t her cc dgs <hltp-y oiYai.ncden;,gjr web(wrt(inblsraftinfolrechaiisv; Page 1 of 1 DIVISION OF WATER QUALIW �rtrY L.bar.c.+y Report l wrnr Qwllty ElSAMPT�F. TYPE. _CGUNWrr�>r IMIM BA SIN ;rye .�[AI�3YF Qp �27C3=•A!y E] EFFi tFENT REYOBTI'D itq omi Om .� COMM.iANCE Cii;AN OF CUSTODY ED LAKE INFLUENT Otffi E) EMERGEWY vimm E] ESIVAAY COLIXCfORM ; h 14 , r Lab Nm berA00 ` ] fK T RcsiKd : �.3QQ hct'et.sd By /�� • UdmaoedBOD R.u,, SwimLsatio..: 1 'r-, e. t. so"&; r�..+: v k K marin: rl .. 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You um order presontellon- Wy cngaa I.,dishltwllon Io ynur rolWepurn. rYurle nr austp to ruts of vee the'pepri sW loot That appears atme any 214[1. oruor a reprint at Ihn sctide naw Henderson County dairy farmer accused of polluting French Broad Repeated citations lead to criminal charges By hfark Sclndrnurr MX3-Netus stei011er Published: St nday, November i,g, suit at 9:o8 a.m. A Henderson County dairy farmer is facing criminal charges that state regulators say are their "last resort" to halt his repeated environmental violations. Michael Richa rd Corn, 64, of Fletcher was blips Wirer farm o mr wrodw �r a V�MAwrw"lM.. n••1e Y.• M •r MeM �. rq ow ar N«•,r iw ti •«••• r ur an_. a.. "n,e.e ^ L arrested Oct. 3t and charged with a felony Clean Water Act violation after liquid animal waste from his Small Acres Dairy Farm polluted an unnamed tributary of the French Broad River, according to court records. An arrest warrant states that Corn told employees at his Mills River farm to drape a PVC pipe over the rim of a waste retention pond so it would divert the flow of liquid waste into the stream. Corn also was charged with failing o renew a permit associated with animal waste management that expired on Oct. 1, 2oag, according to Landon Davidson, regional aquifer protection section supervisor of the N.C. Division of Water Quality, a division o(the state Department of Environment and Natural Resources. The permit allowed liquid and solid wastes from the 25ohead dairy operation on Jeffress Road to be dispersed on 4.6 acres of Corn's land. Corn has been cit4three times since September 2004 for willfully discharging waste into the stream, Davidsoq said. The illegal disposal causes high counts of fecal coliform bacteria in the water, as well as sewage fungus, Davidson said. The Division of Water Quality has fined Corn more than $33,00o over seven years. Because the dairy farm owner continued to break the law, the division turned over the case to the State Bureau of investigation, which lodged the criminal charges, Davidson said. Environmental regulators have tried to work with Corn, he added, and they referred the case to the SBI as a last resort. "Only atter these approaches are exhausted and a permit holder has obtained a lengthy history of non-compliance that includes willful violations resulting in environmental damage will DWQ seek other options, such as referring the case to the SBI," Davidson said. "DWQ recognizes and appreciates the fact that locally owned businesses such as dairy and other agricultural operations are vital to Western North Carolina and the local area," Davidson said. But, he added, "We are charged to protect users of the French Broad." • Page 1 of 2 THINKING OFA NEW BANK? SWITCH TO TD BANK. Chedting with just a 5100 minimum s dally balance to avoid a monthly fee. • • flat nebh CardOn me swt • Na MMU* rtes hY VISA D" Csd punhees 1 • FREE antisq aertrq a aA Pet ui i • Ute cusmaw senate Nn Al h n� Bank http://www.blueridgenow.com/article/20111113/ARTICLES/ 111119922/1151 Aemplate=... 11/14/2011 L-A" • In a telephone interview, Corn admitted he was negligent in allowing the animal waste to run into the stream, but said the charges against him are not entirely true. He said an employee rigged the pipe to create the discharge while Corn and his wife were on vacation in Canada. Also, the pipe did not run into the tributary, he said, but onto his field more than loo feet from the stream. "It was not an approved method" of waste disposal, Corn said, adding, "I accept responsibility for my employees." But Corn said the criminal charges are extreme. "For them to make this into a felony, it is a gross misuse of authority," Corn said. "I'm amazed." The farm owner said there is nothing around the area to clean up. "The water did not leave anything nasty," he said. Corn also said he misunderstood the requirements for renewing the waste management permit. DWQ records show that Corn has been cited for environmental infractions eight times since September 2004. A Notice of Violation dated Dec. 16, 2010, states, "You are operating under an expired permit" and cites violations including the discharge of wastewater into the tributary, water quality standards and failure to maintain waste levels in the ponds in accordance to the certified waste animal waste management plan. Corn said the state's fines have prevented him from making improvements necessary to bring his farm into compliance with the regulations. In February, Corn met with the Division of Water Quality, the N.G. Division of Soil, Water and the Henderson County Soil and Water Conservation District. He was ordered make repairs to gutters, the waste pond, manure pits and other areas at the dairy farm. Corn failed to make the repairs directed by the agencies, according to the DWQ. In the Notice of Violation document, it also shows a history of non-compliance over the past six years. As a result of continuous non-compliance by Corn, the DWQ referred the case to the SBI and the agency will now conduct its own investigation. 'Che SBI initiated an environmental investigation in March 2010, said Jennifer Canada, assistant public Information officer for Attorney General Roy Cooper. After his arrest on Oct. 31, Corn was released on promise to appear in court. Corn's next hearing is scheduled for Friday. "I hate this whole thing ever happened," he said Friday. Reach Schulman at 828-694-7890 or mark.schulman@blueridgenow.com, r� Page 2 of 2 Copyright © 20 11 BlueRidgeNow.com —All rights reserved. Restricted use only. http://www.blueridgenow.com/article/20111113/ARTICLES/I 11119922/11 S Ptemplate... 11/14/2011 f T", To: Judy Billings From: Fd Williams NC DWQ 828.296.4686 # of pages including this sheet: 7 NCDA&CS Agronomic Division Phone: (919)733-2655 Web site: www.ncagir.gov/agronomi/ Report No: 34156 „�. Grower: Small Acres Dairy -Mike Corn Copies To: 735 Butler Bridge Rd Fletcher, NC 28732 4So il Test Rep, rt SERVING N.C. RESIDENTS FOR OVER 60 YEARS Farm: Received: 03131/2011 Completed: 0414812011 Links to Helpful information Henderson County Agronomist Comments Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 1 Ist Crop: Small Grains 1.3T 80-100 20-40 70-90 0 0 0 0 .0 0 2nd Crop: Corn,silage 0 180-220 30-50 130-150 0 0 0 0 .0 0 i Test Results Soil Class iuf% W/V CEC BS% Ac PH P-1 K-1 Ca% Mg% Mn -1 Mn-Al(I) Nn -A](2) Zn -1 Zn -Al Cu -1 S-1 SS -1 NO3-N NH4-N Na MIN 1.19 0.90 5.2 54.0 2.4 5.3 50 31 40.0 12.0 404 252 259 137 137 96 59 0.1 Field Information Applied Lime Recommendations Sample No- Last Crop Mo Yr T/A Crop or Year Lime N P204 K20 Mg S Cu Zn B Afn See Note 2 Ist Crop: Small Grains 3T 80-100 0 10-30 0 0 0 0 .0 0 2nd Crop: Com,Silage 0 180-220 10-30 50-70 0 0 0 0 .0 0 Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 X-1 Ca% Mg% Mn4 Mn-Af(7) Mn-AI(2) Zn -1 Zn -AI Cu -1 S-1 SS -1 NO3-N NH4-N Na MIN 1.49 0.96 9-0 79.0 1.9 5.9 69 69 57.0 18.0 126 86 93 70 70 89 42 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Afn See Note 3 Ist Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 pH$ 2nd Crop: Com,silage 0 180-220 10-30 30-50 0 0 0 0 .0 pll$ i Test Results Soil Class HM% W/V CEC BS% Ac PH P-1 K-1 Ca% Afg% Mn -1 Mn-AI(1) Mn -A1(2) Zn -1 Zn -A! Cu -1 S-1 SS -1 NO3-N NH4-N Na MIN 0.27 I.16 8.0 9I.0 0.7 6.7 66 87 62.0 24.0 186 111 118 86 86 70 31 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Afn See Note 4 1st Crop: small Grains 1.9T 80-100 100-120 0 0 0 0 0 .0 0 2nd Crop: 0 Test Results Soil Class ILV% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn -1 Afn-At(1) A1n-AI(2) Zn -1 Zn -AI Cu -1 S -I SS -1 NO3-N NH4-N Na MIN 0.04 1.06 5.4 50.0 2.7 4.6 13 124 27.0 12.0 28 27 26 26 29 469 0.1 NCDA&CS Agronomic Division Phone: (919)733-2655 Web site: www.neagr.gov/agronomi/ Grower: Small Acres Dairy -Mike Report No: 34156 Pg 2 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 5 1st Crop: Small Grains 1.7T 80-100 70-90 30-50 0 0 0 0 .0 0 2nd Crop: 0 Test Results Soil Class HM% W/V CEC BS% Ac p H P -I K-1 Ca% Mg% Mn -1 Mn-AI(1) Mn-AI(2) Zn -1 Zn -AI Cu -1 S -I SS -1 NO3-N NH4-N Na MIN 0.92 0.90 4.8 44.0 2.7 5.0 26 53 26.0 13.0 139 93 36 36 84 155 0.1 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year time N P205 K20 Mg S Cu Zn B Mn See Note 6 lstcrop: Small Grains 0 80-100 80-IO0 50-70 0 0 0 0 .0 0 3 2nd Crop: 0 Test Results Soil Class HM% W/V CEC BS% Ac PH P-1 K -I Ca% Mg% Mn -I Mn-AI(1) Mn-AI(2) Zn -1 Zn -Al Cu -1 S -I SS -1 NO3-N NH4-N Na MIN o.60 0.98 7.3 78.0 1.6 5.9 19 38 59.0 17.0 440 276 49 49 157 41 0.1 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 7 1st Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 0 3 2nd Crop: 0 Test Results Soil Class HM% W/V CEC BS% Ac PH P -I K-1 Ca% Mg% Mn -1 Mn-AI(1) Mrs-AI(2) Zn -I Zn -AI Cu4 S -I SS -I NO3-N NH4-N Na MIN 0.27 1.04 8.5 86.0 1.2 6.3 71 122 53.0 25.0 103 67 96 96 186 52 0.2 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 8 1st Crop: Fes/OG/rim,E 0 50-70 0 0 0 0 0 0 .0 pH$ 12 2nd Crop: 0 Test Results Soil Class HM% W/V CEC BS% Ac PH P -I K -I Ca% Mg% Mn -I Mn-AI(1) Mn-AI(2) Zn -I Zn -AI Cu -1 S -I SS -I NO3-N NH4-N Na MIN 0.41 1.04 10.7 98.0 0.2 7.3 179 96 69-0 25.0 130 75 249 249 334 71 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop No Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 9 1st Crop: Fes/OG/Cim,E .TT 50-70 60-80 10-30 0 0 0 0 .0 0 12 2nd Crop: 0 Test Results Soil Class HM% W/V CEC BS% Ac p H P -I K-1 Ca% Mg% Mn -I Mn-AI(I) Mn-AI(2) Zn -1 Zn -AI Cu -1 S -I SS -1 NO3-N NH4-N Na MIN o.04 0.99 6.3 86.0 0.9 6.1 36 38 62.0 20.0 49 39 61 61 91 87 0.2 0 C NCDAKS Agronomic Division Phone: (919)733-2655 Web site: wwwj[teW goy/agranomi/ Grower: Small Acres Dairy -Mike Report No: 34156 Pg 3 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year lime N P205 K20 Mg S Cu Zn B Mn See Note I0 Ist Crop: Small Grains .4T 80-100 0 0 0 0 0 0 .0 0 2nd Crop: 0 Test Results Soil Class MW W/V CEC BS% Ac P H P-1 K-1 Ca% Mg% Mn -1 Mn.AI(I) Mn -A1(2) Zn -I Zn -AI Cu -1 S-1 SS -1 NO3-N N714 -N Na ►11N o.56 0.97 7.1 79.0 1.5 5.8 100 110 52.0 19.0 80 58 87 87 88 44 0.2 Field Information Applied Lime Recommendations Sample No, Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 11 1st Crop: Fes/OG/fim,E 0 50-70 60-80 0 0 0 0 0 .0 pHb 12 2nd Crop: 0 Test Results Soil Class Hbf% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn -1 Mn-Ai(l) bfn.AI(2) Zn -1 Zn -AI Cu -1 S-1 SS -1 NO3-N NH4-N Na MIN 0.46 0.97 13.6 93.0 1.0 6.7 34 427 52.0 25.0 210 132 129 129 88 36 0.1 Field Informattion Applied Lime Recommendations Sample No. Last Crop Mo Yr VA Crop or Year Lime N P205 K20 bfg S Cu Zn B Mn See Note 12 1st Crop: Fes/M/iun,E 2AT 50-70 10-30 0 0 0 0 0 A 0 12 2nd Crop: 0 Test Results Soil Class Ma W/V CEC BS% Ac P H P-1 K-1 Ca% Afg% Afn-I Mn -A](1) bfn-&(2) Zn -1 Zn -AI Cu -1 S-1 SS -1 NO3-N NH4-N Na MIN 1.49 0.88 7.3 64.0 2.6 5.2 69 88 42.0 17.0 83 59 137 137 129 81 0.1 Field Information Applied Lime Recommendations Sample No, last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn see Note 13 1st Crop: Small Grains 1.3T 80-100 0 0 0 0 0 0 .0 0 i 2nd Crop: Fm'OG/fitn,£ 0 50-70 0 0 0 0 0 0 .0 0 12 Test Results Soil Class IM % W/V CEC BS% Ac P H P-1 K-1 Ca% A" Mn -1 Mn-AI(1) bin-AI(2) Zn -1 Zn -AI Cu -1 S-1 SS -1 NO3-N AWN Na MIN 1.37 0.81 21.8 92.0 1.7 6.2 286 445 56.0 26.0 127 79 86 392 392 313 44 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop No Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 14 1st Crop: Small Grains 2.8T 80-100 0 0 0 0 0 0 .0 0 i 2nd Crop: Fm/OG/Cun,E 0 50-70 0 0 0 0 0 0 .0 0 12 Test Results SoU Class HM% W/V CEC BS% Ac P H P-1 K-1 Ca% Mg% Mn -1 Mn-AI(1) bin-AI(2) Zn -1 Zn -AI Cu -1 S-1 SS -1 NO3-N NH4-N Na MIN 1-43 0.75 143 79.0 3.1 5.6 204 414 47.0 18.0 153 94 101 238 238 169 55 0.2 NCDA&C5 Agronomic Division Phone: (919)733-2655 Web site: www.ncagr.gov/agronomi/ Grower: Small Acres Dairy -Mike Report No: 34156 Pg 4 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P20s K20 Mg S Cu Zn B Mn See Note 15 Ist Crop: Corn,Silage 0 180.220 10-30 30-50 0 0 0 0 .0 pH$ 2nd Crop: 0 Test Results Soil Class HM% W/V CEC BS% Ac PH P-1 K-1 Ca% Mg% Mn -I Mn-AI(1) Mn-AI(2) Zn -I Zn -AI Cu -1 S -I SS -1 NO3-N NH4-N Na MIN 0,56 0.99 9.0 91.0 0.8 6.8 66 86 63.0 23.0 196 122 91 91 117 48 0.1 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 16 1st Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 pH$ 2nd Crop: Com,Silage 0 180-220 0 0-20 0 0 0 0 .0 pH$ Test Results Soil Class HM% W/V CEC BS% Ac P H P -I K-1 Ca% Mg% Mn -1 Mn-AI(1) Mn-AI(2) Zn -1 Zn -AI Cu -1 S-1 SS -1 NO3-N NH4-N Na MIN 0.66 1.03 9.9 92.0 0.8 6.5 137 108 61.0 25.0 51 33 40 65 65 86 54 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P201 K20 Mg S Cu Zn B Ma See Note 17 1st Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 $pH i 2nd Crop: Com,Silage 0 180-220 0 0-20 0 0 0 0 .0 pll$ i Test Results Soil Class HM% W/V CEC BS% Ac PH P -I K-1 Ca% Mg% Mn -1 Mn-AI(1) Mn-AI(2) Zn -1 Zn -AI Cu -I S-1 SS -1 NO3-N NH4-N Na MIN 1.37 0.99 10.8 91.0 1.0 6.5 229 118 62.0 23.0 35 23 30 66 66 124 46 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 18 1st Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 pH$ 3 2nd Crop: Com,Silage 0 180-220 0 20A0 0 0 0 0 .0 pH$ i Test Results Soil Class HM% W/V CEC BS% Ac PH P-1 K-1 Ca% Mg% Mn -I Mn-AI(1) Mn-AI(2) Zn -1 Zn -AI Cu -1 S-1 SS -I NO3-N AWN Na MIN 1.31 0.84 15.0 95.0 0.7 7.0 194 90 69.0 24.0 241 139 146 313 313 415 47 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N PZ05 K20 Mg S Cu Zn B Mn See Note 19 1st Crop: Small Grains 0 80.100 0 0 0 0 0 0 .0 pH$ 3 2nd Crap: Com,silage 0 180-220 0 0 0 0 0 0 .0 pH$ 3 Test Results Soil Class RH% W/V CEC BS% Ac PH P-1 K-1 Ca% Mg% Ma -1 Mn-AI(1) Mn-AI(2) Zn -I Zn -AI Cu -1 S-1 SS -1 NO3-N AWN Na MIN 2.52 0.98 14.5 90.0 1.4 6.6 331 163 61.0 24.0 43 27 34 166 166 388 47 0.2 E. NCDAUS Agronomic Division Phone: (919)733-2655 Web site: www.ncagr.gov/agronomi/ Grower. Small Acres Dairy -Mike Report No: 34156 Pg 5 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 20 Ist Crop: Small Grains 0 80-100 0 0-20 0 0 0 0 .0 $pH i 2nd Crop: Com,Silage 0 180-220 0 40-60 0 0 0 0 .0 pHA Test Results Sail Class fllf% W/V CEC BS% AC pH P-1 K-1 Ca% Mg% Mn -1 Mn-Af(1) Mn-AI(2) Zn -1 Zn -Al Cu -1 SI SS 1 NO3-N NH¢N Na MIN 1.37 1.04 11-8 92.0 1.0 6.6 424 78 67.0 21.0 32 20 27 99 99 423 40 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr VA Crop or Year Lime N P205 K20 Mg S Cu zn B Mn See Note 21 1 S Crop: Small Grains 0 80-100 0 20110 0 0 0 0 A 0 2nd Crop: Com,Silage 0 180-220 0 70-90 0 0 0 0 .0 0 i Test Results Soil Class lDf% W/V CEC BS% Ac PH P-1 K-1 Ca% Mg% Mn -1 Mn-Af(1) ,ifn-AI(2) Zn -1 Zn -AI Ca -1 S-1 SS -1 NO3-N NH4-N Na MIN 1.31 0.91 9.5 88.0 1.1 6.3 131 56 65.0 21.0 194 172 129 114 114 326 61 0-2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Line N P205 K20 Afg S Cu Zn B Mn See Note 22 1 1st Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 0 i 2nd Crop: Com,Silage 0 180-220 0 0-20 0 0 0 0 .0 0 1 Test Results SOU Class M11% W/V CEC BA Ac PH P -f K-1 Ca% Mg% Mn -I Mn-AI(7) Mn-AI(2) Zn -1 Zn -AI Cu -1 S-1 SS -1 NO3-N NH! -N Na MIN 0.66 1.08 9.4 87.0 1.2 6.3 262 129 58.0 23.0 314 194 201 125 125 372 57 0. L Field Information Applied Lime Recommendations Sample Na last Crop Ma Yr T/A Crop or Year Lime N P205 K20 Mg S Cu Zn B Mn See Note 23 Ist Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 0 3 2nd Crop: Com,Silage 0 180-220 0 0 0 0 0 0 .0 0 i Test Results Sail Class 1M W/V CEC BS% Ac p H P -I K-1 Ca% Mg% Afn-1 Mn-AI(I) Mn-AI(2) Zn4 Zn -Al Cu -1 S-1 SSI NO3-N NH! -N Na M-0 3.47 0.93 12.7 80.0 2.5 5-7 401 175 55.0 19.0 48 43 50 113 141 409 46 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year lime N P205 K2f1 bfg S Cu Zn B Mn See Note 24 Ist Crop: Small Grains 0 80-100 0 0 0 0 0 0 .0 0 3 2nd Crop: Com SdW 0 180-220 0 0 0 0 0 0 .0 0 J Test Results Soil Class HM% W/V CEC BS% Ac p H P-1 K-1 Ca% Afg% Mn -1 Mn-Al(I) Mn-AI(2) Zn -1 Zn -Al Cu -1 S-1 SS -1 ArO3-N NH4-N Na MIN 2.60 0.96 14.1 87.0 1.9 6.1 434 181 58.0 22.0 32 28 35 116 116 281 52 0.2 NCDA&CS Agronomic Division Phone. (919)733-2655 Web site: www.neagr.gov/agronomi/ Report No: 34156 a 0 North Carolina Reprogramming of the laboratory4nformation-management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. - Steve Troxler, Commissioner of Agriculture Tohxcu Trti,.i F uncl Cttinimi ssit,n 0 3- K-Z�Dtl 0 Williams, Ed From: Williams, Ed Sent: Friday, March 04, 2011 8:42 AM To: 'Billings, Judy' Subject: RE: Small Acres Dairy Attachments: mike corn.pptx Judy - Here is the plan we came up with after the meeting out at Mr. Corn's farm. Attached is an aerial view of the farm with a diagram of needed projects. Mr. Corn has a history of not implementing our recommendations that would bring him into compliance. Thanks. Ed Long-term measures: 1. Replace concrete gutter from upper fenced area. The current gutter system is heavily cracked and has areas that have sunken which contribute to waste entering the adjacent stream; 2. Install concrete curbing to reduce water entering the upper dropbox near the silage area; 3. Address drop inlet receiving waste near silage area; 4. Cover silage and compost material to avoid rain contact; and, 5. Remove lower concrete dropbox and re-route water to vegetated filter strip. An alternative is to completely remove all animal activity in this area and seed with a permanent cover crop (as originally designed and used). 6. Build cover over manure pit Short-term measures: 1. Install a sediment trap (gravel, fabric, and fencing as show on attached diagram) surrounding the lower lever concrete drop box. Filter material and fencing should extend in a 10 ft. radius around the drop box; 2. Restrict all animal activity from lower area field which is located In your waste application area; 3. Repair cracks in concrete gutter from upper fence area and raise concrete curb on the stream side to reduce amount of waste entering stream; and, 4. Gutter the buildings designated on the attached maps. Gutters should drain directly to culverted areas and avoid discharge to areas where animal waste is present. Ed Williams - Ed.Williams@ncdenr.gov 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 • Williams Ed From: Davidson, Landon Sent: Thursday, March 03, 2011 10:06 AM To: Williams, Ed Subject: Small Acres 0 Ed - Talked with Keith and this Is the proposed route at this time. Craft a letter (NOI..again) that outlines everything he needs to do and include one of the aerial photos (modified) for reference. Give him 30 days to respond with a plan for correction. Ref. NOV in letter. Must include cover for manure pile (which we could enforce on), removal of lower drop inlet from feedlot, guttering, etc. Also, remind him in the same letter referring to conversation at meeting, that he must apply for NPDES permit as he has direct discharge from the operation (drop box in feedlot as well as drop box up by sileage area) even If he gets rid of the upper drop box. Think he has 90days to apply for NPDES permit. Let's get this out early next week please. CC Keith L and Soil/Water on letter. Thanks G. Landon Davirlson, P.G. KDENH • crivisivn O Si atv Quality Aqulter• Prot cctiun Section Regional APS Supervium , Ashevil Ir Regional Office 2mo U.S. Hwy, 70 S vrannanoa, W. C. 28778 ph.: 828.2964500" Iam: 828.229=7043' web page, htt2;//h, Zo'ennstatemc.us/aow,htmf This e-mail contains a public record which is subject to disclosure to third parties and the public pursuant North Carolina's Public Records Law, N.C. Gen. Stat. §132-1, et seq. This e-mail may contain materials prepared during or In anticipation of a legal proceeding as part of preparation for that legal proceeding, in which case third party or public access to it Is subject to N.C. Gen. Stat. §132-1.9 and may be denied until the conclusion of the legal proceeding, including the completion of all appeals and post -judgment proceedings, or, in the case where no legal proceeding has been commenced, upon the expiration of all applicable statutes of limitations and periods of repose. Tel: 828-296-4500 Fax: 828-299-7043 DWQ's Mission - To protect and enhance North Carolina's surface water and groundwater resources for the citizens of North Carolina and future generations. Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From; Billings, Judy [mailto:Jbillings@ncdoj,govj Sent: Thursday, March 03, 20118:26 AM To: Williams, Ed Subject: Re: Small Acres Dairy I did get that one and made it part of the file. Wanted to make sure nothing else happened after that. Thanks will let you know where we are going after our meeting next week. Sent from my B1ackBerry Smartphone provided by Alltel From: "Williams, Ed" <ed.wilhamsignedenr.gov> Date: "Chu, 3 Mar 201 l 07:56:52 -0500 To: Billings, Judy<Jbillingsu,ncdoi.kov> Subject: RE: Small Acres Dairy Hi Judy - Attached is a map showing the unnamed tributary to the French Broad River. We did send Mr. Corn another NOV for a variety of violations including stream standard violations. As part of the NOV we required for him to call a meeting at his farm with the NC Soil and Water and Henderson County Soil and Water Conservation District to look over his farm and come up with a plan that will help him manage his waste better and keep him compliant. We met and came up with a plan. Now it's up to him to implement the plan. I cc'd you on the NOV. If you need another copy, I can scan it and send it to you via email. I'll have to do that later this afternoon, as 1 have meeting in Spruce Pine I need to go to now. Let me know if you need anything else. Thanks. Ed Ed Williams - Ed.Williams@ncdenr.gov 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: 828-296-4500 Fax: 828-299-7043 DWQ's Mission - To protect and enhance North Carolina's surface water and groundwater resources for the citizens of North Carolina and future generations. Notice: E-mail correspondence to andipm this address may be subject to the Nortl�Carolina Public Records Law and therefore may be disclosed to third parties. From: Billings, Judy [mallto:Jblliing s�ns�dc j.gov1 Sent: Wednesday, March 02, 2011 1:06 PM To: Williams, Ed Subject: Small Acres Dairy Ed Finally have a meeting scheduled with Henderson County DA's office next week. Wanted to check with you and see if you can provide me with a map that delineates the unnamed tributary of the French Broad River that the waste was flowing into. We need the blue line map to show it is a water of the state for the felony violation. Also wanted to see if any new developments or NOVs since the last time we talked. Thanks..judy Judy S. Billings Assistant Special Agent in Charge North Carolina State Bureau of Investigation Diversion and E=nvironmental Crimes Unit 5994 Caldwell Park Drive Harrisburg, North Carolina 28075 phone: 704-454-5264 fax: 704-454-5376 AL,..o— NCDENR North Carolina Department of Environment and Division of Water Quality Beveriy 4aves Perdue Coleen H, Sullins Governor Director February 9. 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael R Corn Small Acres Dairy 735 Butler Bridge Rd. Fletcher NC 28732 C J Natural Resources Dee Treem::ai' Secrelar}r F'Z.B 10 20;1 Asheville Porjionnl Office A_C ifFrr P,rotomio n Subject: Facility Number: AWC450007 National Pollutant Discharge Elimination System (NPDES) Permit Requires-nent Dear Michael R Corn: The Division of Water Quality (Division) has been required by the U.S. Environmental Protection Agency (EPA) to develop a NPDES permit program for animal waste management systems. The Division has developed a General NPDES Permit similar to the state Non - Discharge General Permit that this facility is currently permitted under. Pursuant to the requirements of North Carolina General Statutes § 143-215.1, 40 Code of Federal Regulations §122.23. and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15. 2007, coverage under an NPDES Permit is required of all facilities that either discharge or propose to discharge waste into to waters of the State. According to our records your facility meets the requirements for NPDES permit coverage due to the discharge to waters of the State that occurred at your facility. As a result you are required to apply for the NPDES Permit. Within 90 days of receipt of this letter, complete and return the attached form, "NPDES General Permit – Existinh Animal Waste Operations." Please carefully follow the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a General Permit. please contact us and we will forward you that application. Two copies of your complete Certified Animal Waste Management Plan are required with the permit application. Please refer to the checklist on page two of the application to be sure that all necessary documents are submitted with the application. A copy of the NPDES General Permit may be downloaded at our website: 1�ttt�:%r'l�ort�3l.ncclenr.c�r�!�vchlu�gf a}psi afc�,'pe�r�� 1536 Mall Service. Center. Raleigh, North Garvilna 7.7695-1636 Locauon.:7n Caanal Blvc., Raleiq.;. Nonh Carolina, 276% ptl,n : �lE -"3'-3� i t FqY, glcj 15-058b t Custgrner 5arvice: i-677-623•E74P' N 01=rhitt'o I ? 11 it interr;e;: www.nrxataraualitv,dra r F,� at f���'���i� �.n �C;I �� C;6UGih�n;'j `11fIFi2ilc° F.Cllrr: _,,,,.�pY_ Michael R Corn 20 February 9, 2011 Page 2 .A Failure to submit the documentation as required may subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date, If you have any questions about the NPDES permit or the enclosed application please feel free to contact me at (919) 715-6697. Sincerely, Keith Larick, Supervisor Animal Feeding Operations unit Enclosures (NPDES Application Form) CC: Henderson County Soil and Water Conservation District (-Asheville Regional_Office,-Division•of-Water_( uality Facility File AWC450007 m Ln rLi rq Ln r - M M C3 Cl ED .a r -I 7' C3 O P- ; z 3 zz; i. Laboratory Section -r 1623 Mail Service Center, Raleigh, NC 27899.1623 (919) 733-3908 ForYdel Bled de+Wildon yr the gwM1ller cal e7 reie, to h5w:iteo,4s�nlarttomMebfworta4fn,iKmSonech�esisl49efa Oue06e�fodee mnullmnxl.nraem.om+vreWwul�it�� ,�chassi4u Page .1 Of 1 • r L66ratdry Section (R �Ilp County: HENDERSON RIvor Basin s -- ': .a:r,� r •.. VfAiFp'> t.> r y ram"' m� �(� Sample IU.: PO Number# AB66698 ARO Report To AROSP QF Data Received: 1211612010 - # �� �� Time Received: 18:50 Collector: E WILLIAMS Labworks LoginlD KJiMISON Region: ' 1� liJp 1 _ Report Generated; 12!20110 Sample Matrix: SURF ACEINATER " Lac, Type: RIYERISTREAM - { I �' ' 1: ?' i) ":r . lrT�•1 Data Reported: 12120!2010 .r . Emergency Yes/No ,�'. Visit ' Er� # s COC Yes/No �.. -=�" ,. 6"L Loc.:Dascr.: SMALL ACRES DAIRY—DOWNSTREAM Locatlon ID: SMALLACRES DOWNSTREAMCollect Date: 1211012010 CotloctTime: 12:34 Sample Depth Result! Method Analysis CAS # Analyte Name PQL nits , Validated W Qualifier Reference date Others ': '� Sample temperature at receipt by lab: ~%• -v' %_; ... 0.7 12116110 SMATHIS Turbidity TJ"' '.S'' 360 NTU APHA213013-20th 12AB110 CGREEN .11 M Laboratory Section -r 1623 Mail Service Center, Raleigh, NC 27899.1623 (919) 733-3908 ForYdel Bled de+Wildon yr the gwM1ller cal e7 reie, to h5w:iteo,4s�nlarttomMebfworta4fn,iKmSonech�esisl49efa Oue06e�fodee mnullmnxl.nraem.om+vreWwul�it�� ,�chassi4u Page .1 Of 1 !2 E DMSION OF WATER QUALM ClhmtimT Labommy RV*rt I water Ca=l -COUNTYN) El SAN4 17 RIVER BASIN zrrctc❑ OA El"MEAM RE768T TO ",j Regional Offim E] CDMPLLkNCE � CHAIN Or CUSTODY LAKE othcr EMMLCENCY VISME) D EmAxy COLLFrrow seen Cblorim.ra Re=n*= NLAXAlkU 'Qpdt DM Be& Ln' Hate Led(yyhmldd) Tbut Ead Dcpft-Il1&03.PHM ValiTyw -A. K L Co=pczfto-T, S. B Sample iypc .. BOD 310 - - mwl. Dm Rmi-m r. R . dw d M 4-0 COD LvwM. ug/L seen Cblorim.ra Re=n*= NLAXAlkU 'Qpdt DM Be& Ln' Hate Led(yyhmldd) Tbut Ead Dcpft-Il1&03.PHM ValiTyw -A. K L Co=pczfto-T, S. B Sample iypc .. BOD 310 - - mwl. cm wo mo atilt COD LvwM. ug/L Coliforms f 1F FcxI316l6 flooml Caffu=-hETold 31504 1100=1 Cofifo= t6c F=d 31615 13O0m3 Cfif.=fcd 31673 /100=9 Taw 5w M&IL vdtil. sm ZqvL F=d 510 myt RCM= Swpmd*d 330 MWL valdac535 - uwx F=d 540 _WL pH403 tultm Aeodhy to pH 4-5 436 U91L tD pH 8.3 435 COL AMMI[Mily to PH 83 415 mg1!, AD=RlTXWpH4.5410 _WL Twt;ft 76 CTUICUFTow Tube -F)L NTU 1100 ml Fs jam 1045 "91 mo-mobbd_= ug)L U&ff- sn-,rm —'r]-Tbm]F= cobubu2k.-m -. Chknide 940 mwl. TIC*] as N 523 atilt Snn�tl a EPA 445.0 nx(5fwd aptim ug/L C010, Td go c_ CoWr (pli) 93�-H_ CIL Calor 7.6152 ca. qnm� 720 _vL Fbmri& 951 iw/L Cc== zmd 00s 556 Hnd== Total 900 =WL =WL spwific can& 95 h(BAS 38260 =abosl= MIL PbenDli 32730 mg/L SUM= 945 _WL SuIS& 745 Bocan rra=ia & T lxnEm mpJl Hcmval= Chr*mi= BicmtomEte cmbonffte UOL mWL nlr�l_ TOW Dbschd Solids U91L A]- Ah=d:= 1105 UWL Bo- BmyM= 1012 UFVL C• cakim 916 _81L MM3 a3 N 610 _vL TIC*] as N 523 atilt W03 as N 630 .102 ins PEMS; F1 Toa] as P 665 PN as P 705" mWL P; Dinolvod as P 666 nwx K-pabissium Cd- Cada li= 1027 iw/L Cr4>==a*=='r*W I GM ug/L Cw- Cona 1042 uwL Ni-Wkiml I D67' UWL Pb- Lead 1051 _fL Zn- Z-= 1092 U91L V-Vmadi= uWL Aff- Savu IM U91L A]- Ah=d:= 1105 UWL Bo- BmyM= 1012 UFVL C• cakim 916 _81L Co- c4b*h 1037 uvL Fs jam 1045 "91 mo-mobbd_= ug)L U&ff- sn-,rm —'r]-Tbm]F= , E!etcaiam 611 114 Ali— WN� wj1017 Na- Softie m Ancf=Tccd iom So- Sd=hn 1147 UPI BIL7M=my 71900 3& Sb -Bad= Or9mocb1mine Pericidm Pcstiodes Add - E=N=0AAdd Fxtwmbk Orpnks TPS Db!, -1 LLM P-Vmbk OV— (VOA battle TPH G=oU= Rm*m TPHOTEX G=ffi3c rbytophmktm IT.;P.. — crhai m .v 9 J, .a 1 County: UI:NDER9S3141 n • . . ^ _ / Sample ID: ABOO697 River Basin WAr �1 PO Number 0 ARO Report to ' AROSP ' (' it J' ; �; p� "(b • : r- 0 y, ���� Date Received: 1?l1812010 F: Iff r -4 ! ' r� 1' Time Received: 15:50 Collector. E WILLIAMS p Q" Labworks LoginlD KJIMISON Region.: I L r"G 2 9 2010 Report Generated: .12/20/10 Sam pte Matrix: SURFACEWATI R ` 7 �I U y :, Loo. Type; RiVF:RIST&AM 1� l,p�i f. �; +•i bate Rapnrtod: 1212=010, Emergency Yi \„ es/No VleidD ltlDt w: ' COC Yes/No 1.-'t}r t,,tl €.i,ra{�r..•t�., t, ' Loc. Descr.: SMALL ACRES DAIRY TRIBUTARY UPSTREAM , Location ID: SMALLACRE5 UPSTREAM Collect Date: n 1211812010. CoiiactTime: 12:00 Sample Depth CAS # Analyte Name Result! units Method'Analysis Validated by Qualifier Reference Date Others :! ' � 'C 12116!10 SMATHIS Sample temperature at receipt by lab- n?'j.:',* ? 0.7 Turbidity 1's' �'' . 2.0 NTU APHA2134B-20th 12116110 CGREEN ♦...+.rn.+u.. a.cru�.a .rN wrr.�w.+.......' ._�,;, _fry„_ •-�� - .,w;l , : yr= I. i M. Laboratory SocUon» 1923 Mail Service Center, Ralolgh, NC 27899.1823 (919) 733.3908 Por ■ deleled descrlpoon of rhe quo Wier codas refer to hgr worts enr.emfwehhrallatYslemataAechetelsgrQnlx „�tSimer Cvdsa chtSoifaoR t�edenr.wtuweMwa,kityi�i ,iratechesslsla / Cry- '. Page 1 of 1 r =�+ N. COUNTY 6PVER BASIN RE"RT m .1• Regiorul offim Odwr ip. BOD lzmg� • . s=ad ed. • DMSIOh OF WATER QUALITY Cb- try Islnrorr Re'P-1 w*w Qeatity . &Z'Al l=" 0 Ql p STPEAM ❑ EFFLUENT ' ❑ CONMIANCE OF CUSTODY ❑ LMM ❑ LNnUFM - ❑ a4mcmNcy Vwrm � ESTUARY _ CaEf ,,,- tobe Feud 31615 800=1 BOD 310 COD ffigh341D CMIXW 335 'cm ' CoEfb= W Faml 31616 1100m1 Cotifo r lMF ToW 31RM Maud CaEf ,,,- tobe Feud 31615 800=1 s' t Fml !cm 31673 1100=1 Resid=e: Tadd SMO' - Volatile 505 Fcmd $10 Rmid= Smo=lcd 530 mnbw m Vobmle 535 mg1L Fixed 540 0403 Amar Addity to pH 45 436 - m AdEty to pH 93 435 mPJL ADmEnitym L 4l5 AnmRmitylvpH4-5410 MZL 10C 680 76 NTLI Coliform Tota[ Tube 11o0 =1 camas: st=n=s Lacatioa: eS e.t• f '„` V�•..�:,Rxmsarkc Cblade 940 s EPA 445-0 m0Mmd 'cm ' Cobr. True 90 Calor. ( 83 pH=cn ca. Color. pli 7b 82 ca. 720 FFbxci& 951 Fm=mdrvde71sw Camse and Oils 556 Ffmda - Tot d 900 'mwL Coad_95 mnbw m MEAS 33260 'VWJL Pbemh 32730 'oflyL SaMM 945 Sdfde745 Bom T®14 Ligk =VL HColvalart Cava = ua Cab== ata! Dissolved Solids arS1.�N s lM TK1 an N625 .MWL NM phis NO3 as N 63D P: Toul a P 665 PN as P 70507 1: Dissolved as P 666 -Potassium . Cd- Cadmbm4 1027 a•Clanmio.m:Tota1 1034 QWL Co. 1042 'W/L Ki-br kd 1067 Pb-LEWIDSL 704• Tis 1092 uglL tv-vc2di= uwL Ag- SUvc 1077 sti Al- Alami— I IDS Be- EEZE. 1012 ts/L Ca- Cslcivm 916 Co- Cobab 1037 ua Po- Iran 1045 Mo-MoUMIL urjL- 5¢Tn T1-Zlmlliom . TrTba® Hg -1631 ngll Lab Number :4,~ Dane Ruxived : TimeRoxivw: t RmmivvdBy lili 1192 ROL 927 1055 W Sedcros9" Aaxaia:ToW 1002 UWL So- Sek=iummI147 ROL Am=y.7190D apt a?1L • Pest6ida . Pssticidq Acid Hmblt Ides" i1—N-W4RAcid E,==I bk Diad It {VOA bock mfd3' TM OasoCme RaM THLUM G=W= Rmp m1 a � r:rrrnr��rr.�,.knrmrjr.*r. Ir to Postage _r ru Certified Fee Return Receipt Fee (Endoreemerd Required) Restricted Do"mry Fee (Endorsement Required) L7 F$ L2 Tow Postage a Fees ru IAL. USE awl To Mike Corn .0 Small Acres baby IMF61 Api:70 .....-^^ 735 Buller Bridge Road Ct or pp goxf, Fletcher, NC 28732 N.G. DEPARTMENT OF JUSTICE STATE BUREAU OF INVESTIGATION DIVERSION & ENVIRONMENTAL • CRIMES UNIT JtuDy S. BnJIxGS ASSISTANT SPECIAL AGENT IN CHARGE P.O. Box 84 TEL: 704-454-5264 STANLEY, NC 28164 336-256.1364 33�� 3385- 15'/ z NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 31, 2009 Michael R Corn Small Acres Dairy 735 Butler Bridge Rd Fletcher, NC 28732 Subject: Application for Renewal of Coverage for Expiring State General Permit Dear Permittee: Dee Freeman Secretary This is a follow-up to our March 3. 2009 letter requesting an application from your facility for the continued coverage under one of the Animal Waste Operation State Non -Discharge General Permits. Current General Permits expire on September 30, 2009. Copies of the new General Permits are available at http://h2o.enr.state.nc.us/aps/afou/appiications.htni or by writing or calling: NCDENR — DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 In order to assure your continued coverage under the State Non -Discharge General Permits, you must submit an application for permit coverage to the Division. Enclosed you will find a 'Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit,' The application form must be completed and returned by September 3, 2009. Please note, you must include two -Z copies of your most recent Waste Utilization Plan with thea. -Plication form. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Heeding Operations Unit staff at 919-733-3221. Sincerely, 3'ed L. gush, Jr., Chief Aquifer Protection Section Enclosures cc (w/o enclosures): Henderson County Soil and Water Conservation District Asheville Regional Office, Aquifer Protection Section AFO Unit Central Files - 450007 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-3221 1 FAX 1: 919.715.0588; FAX 2:919-715-6048 k Customer Service: 1.877-623.6746 Internet: www.ncwateraualitY.om An Equate Opportunity t Affirmative Action Employer ? EVA i AUG 04 2003 Asheville Regional Office NCDPNR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael R Corn Small Acres Dairy 735 Butler Bridge Rd Fletcher. NC 28732 Dear Permittee: Division of Water Quality Coleen H. Sullins Director November 25, 2009 01 2U�'� Dee Freeman Secretary Subject: Application for Renewal of Coverage for Expiring General Permits Your facility was sent a notification in March 2009 to renew your Animal Waste Operation State Non -Discharge General Permit that expired on September 30, 2009. Our records show that you have not submitted a renewal application to this office as of today. If you are a facility that is out of business, has depopulated, and is waiting for tate lagoons/ to he closed, you mat, request an individual permit with zero animals. Please indicate so on the attached form andyou may be waived the annual fees and 01C requirements ht} obtaining the individual permit until all the lagoons have been closed and your permit rescinded In order to assure Your continued coverake under the State Non -Discharge General Permits, you must submit an application for permit coverage to the Division. Enclosed -you will find a `Request for Certificate of Coverage Facility Currents Covered by an Expiring State Non-Dischar a General Permit.' The application form must be completed and returned by December 15 7009. Please note that you must include two f21 copierof your most recent Waste Utilization flan with the ataplicution forrtt. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25.000 per day, If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Unit staff at 919-733-3221. Sincerely, Supervisor, Animal Feeding Operation Unit Enclosures cc (w/o enclosures): Henderson Soil and Water Conservation District Asheville Regional Office, Aquifer Protection Section Central Files - AWC450007 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, Noah Carolina 27699-1636 Location: 2728 Capital Boulevard, Ra4etgii, North Carolina 27604 Phone: 919.733.32211 FAX 1: 919.715.0588: FAX 2: 919-715.60481 Customer Service: 1-877-623-6748 Intemet: www,ncwateraualijv,om An Eaual0oDWumPr 1 Mtumauve Action Emnlove: North Carolina Natur*ally o�0� Q � Mr. Mike Corn 735 Butler Bridge Road Fletcher, North Carolina 28732 r-� /+ ✓11) ­� r t William G. Russ Jr., Secretary North Carolina Department of Environment and Natural Resources Michael F. Easlcy, Governor AQUIFER PROTECTION SECTION March 10, 2008 RE: Meeting of March 6, 2008 Coleen Sullins, Director Division of Water Quality Dear Mr. Corn, Thank you for meeting with Division of Water Quality (Division) staff, staff of N.C. Soil and Water Conservation, and Henderson County Soil and Water yesterday. The intent of the meeting was to address non- compliance issues at your facility as outlined In the December 28, 2007 Notice of Violation that you have yet to respond. Primarily, we were hoping to explore options with regard to finding other fields for waste application of the contents of the liquids pond. The condition of your field yesterday was in noncompliance with your WUP (waste utilization plan) for a number of reasons. The lack of cover crop, continual ponding of water (and what appeared to be wastewater), cattle feeding activities leading to denuding of vegetation and soil compaction, presence of hydraulically active field drains, uncalibrated spray guns in locations not designated in the WUP, elevated water table, presence of an eroded area in the corner of the field (see photo) that allows overland flow discharge and general lack of regard to field management strongly suggests that you should immediately seek other options (i.e., other fields) in regard to waste application, During the meeting, we viewed the stream adjacent to your application field. Additionally, you were shown what appears to be sewage fungus in the stream that receives water from the stream immediately adjacent to your application field. We believe that your waste application continues to negatively impact water quality in the adjacent streams. These observations regarding the field's condition are not exclusive to periods of time after rain events. In addition to the discussion referenced above, you were reminded of the deficiencies noted in the December 2007 NOV. You should immediately explore corrective measures to address these violations and respond to the NOV in writing. You were also made aware during our visit that wash water from any structure containing waste is not to be directly discharged to any ditches that ultimately drain to a surface water body. This type of release was occurring during our visit. I hope our meeting was productive and that you understand the findings of past Inspections and associated expectations. If you should have any questions, please do not hesitate to call me directly at 828.296.4680, In eiy G. Lan on-Davidse , L. G. Aquifer Protection Section Regional Supervisor Asheville Regional Office Attachment: photos cc: Henderson County Soil and Water Conservation NC Soil and Water - Jeff Young Keith Ladck - APS COOnr NCarol a ARO/file , .7nl!!ral j North Carolina Division of Water Quality — Asheville Regional Office Customer Service 1-877-6236748 Internet: h2o.enr.state. nc.us 2090 U.S. highway 70 5wannanon, N.C. 28778 Phone (828) 296-4500 FAX (828) 299.7043 An Equal OpporlunitylAtfirmalive Action Employer— 50°% Recyded110°% Post Consumer Paper .OIQA1,11 Fox' tz... . .o�0� wAr 00G Incident Report Report Number: 200800170 Incident Type: Complaint On -Site Contact: Category: Animal First/Mld/Last Name: Mike Corn Incident Started: 0111412008 Company Name: County: Henderson Phone: City: Pager/Mobile Phone: ! Farm #: 450007 Responsible Party: Reported By: Owner: First/Mid/Last Name: Permit: AWC450007 Company Name: Facility: Small Acres Dairy Address: First Name: Michael Middle Name: R City/State/Zip: Last Name: Corn Phone: Address 735 Butler Bridge Rd Pager/Mobile Phone: / City/State/Zip: Fletcher NC 28732 Phone: Material Category: Estimated Qty: UOM DD:MM:SS Decimal Latitude: Longitude: Location of Incident: Jefi'ress Ruad Address: Jeffress Rd City/State/Zip Fletcher Chemical Name Reportable Qty. lbs. Reportable Qty. kgs, Position Method: Position Accuracy: Position Datum: NC 28732 Report Created 01116108 03:21 PM Page I CauselObservation: Complainant aledges Mike Com hauling manure and spilling along Jeffress Road. Action Taken: Site visit on 1115108. Incident Questions: Did the Material reach the Surface Water? No Surface Water Name? Did the Spill result in a Fish Kill? No If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : No Event Type Requested Additional Information Report Entered Incident closed Incident Start • Directions: Hwy. 25 South to Fletcher. Turn right on Butler Bridge Road, cross French Broad River. Turn left on Jeffress Road. Small Acres Dairy located approximately 1 mile on the right. Comments: Some manure (dried) was still visible on the road. Spoke with Mr. Corn; he indicated that the manure spreader was too full and contained alot of water. I told Mr. Corn that he needed to find another spreader or to not fill the spreader so full as to allow any spillage on the road, Advised the next complaint would result in an NOV. Conveyance Estimated Number of fish? 0 (Above Ground or Under Ground) Groundwater Impacted : Unknown Event Date Due Date Comment 2008-01-16 03:08:51 2008-01-16 12:00:00 2008-01-14 03:30:00 Report Created 01/16/08 03:21 PM Page 2 Report Received 2008-01-14 03:30:00 Referred to Regional Office - Primary Contact 2008-01-14 03:30:00 Standard Agencies Notifled: Agency Name Phone First Name M.I. Last Name Contact Date Other Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information: Report Taken By: Report Entered By: Regional Contact: Beverly Price Beverly Price Beverly Price Phone: Date/Time: 2008-01-14 03:30:00 PM 2008-01-16 0108:51 PM 2008-01-14 03:30:00 PM Referred Via: Phone Phone Did DWQ request an additional written report? If yes, What additional Information Is needed? Report Created . 01116/08 03:21 PM Page 3 OF W A 7l,q . * Michael F. Easley, Governor mot QG H - William G. Ross Jr.. Sccretary North Carolina Department of Environment and Natural Resources p -f Alan W. Klimek. Y.E. Director Division of Water Quality March 16, 2006 Z� Mr, Michael Corn 735 Butler Bridge Rd. RECEIVED Fletcher, NC 28732 MAR 2 3 2006 RE: Acknowledgment of Receipt of Payment Asheville Regional Office Case DV 04-018 Aquifer Protection Farm # 45-7 Henderson County Dear Mr. Corn: This letter is to acknowledge receipt of your check No. 3725 in the amount of $2,397.78 on March 16, 2006. This payment satisfies in full the civil assessment in the amount of$5,997.78 levied against Mike Com and the case has been closed. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. if you have any questions, please call me at (919) 715-6697. Sincerely, M. Paul Sherman, P.E. Supervisor, Animai Feeding Operations Unit cc: APS -Asheville Regional Office Files # DV 04-018 APS Central Files Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwateruuality.ore Location; 2728 Capital Boulevard Raleigh. NC 27604 An Equal OpportunitylAf nnative Action Employer- 50% Recycled110% Post Consumer Paper Ott Np hCaro ina ,1ahrrally Telephone: (919) 733-3221 Fax 1: (919) 715.0588 Fax 2: (919) 715.6048 Customer Service: (877) 623.6748 W A TF�QG r >_ O & 'C Mr. Michael Corn 735 Butler Bridge Rd. Fletcher, NC 28732 Michael F. liaslcy, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 14, 2006 RE: Acknowledgment of Receipt of Payment Case DV 04-018 Farm # 45-7 Henderson County Dear Mr. Corn: Alan W. Klimek, 1'.E:. Director Division of Watcr Quality RECEIVED FEB 17 2006 Asheville Regionel office 4quifer Protection ,, This letter is to acknowledge receipt of your check No. 3664 in the amount of $400.00 on February 14, 2006. The balance of the penalty is $2,397.78. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (9 19) 715-6697. cc: APS -Asheville Regional Office Files # DV 04-018 APS Central Files Sincerely, N aul 6ShP. E. Supervisor, Animal Feeding Operations Unit Nr?orthCuro out ,� nl�rrrr�ly Agoitcr PTO[eC6011 Section 1630 Mail Service Center Raleigh, NC 27699-1630 Phone (919) 733-3221 Customer Service Internet: hsl;� :,+1 ?s ,cnr.,titat�,n�uti 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-0748 1 ax (919) 715-6048 An Equal Opportunity/Affirmative Action Eimployer-- 50% Recycled1100% Post Consumer Paper �oF Vd A rEgQ • Michael f. Easley, Governor `0 (i William G. Ross Jr.. Secretary �1 r North Carolina Department or Environment and Natural Resources Alan W. Klimek, P.E. Director Division c) f-Wntcr.Quality� January 23, 2006 Mr. Michael Corn 735 Butler Bridge Rd. Fletcher, NC 28732 rn RF: Acknowledgment of Receipt of Payment Case DV 04-018 Farm # 45-7 Henderson County Dear Mr. Corn: This letter is to acknowledge receipt of your check No. 3591 in the amount of $400.00 on January 23, 2006. The balance of the penalty is $2,797.98. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. 1f you have any questions, please call me at (919) 715-6697. Sincerely, Pau Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: APS -Asheville Regional Office Files # DV 04-018 APS Central Files Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet:hllp;:hlu.cnrstatk,n�.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal OpportunitylAflirma6ve Action Employer — 501/n Recycledllo% Post Consumer Paper One M,,Caro na ra y Phone (919) 733.3221 Customer service Fax (919) 715-0588 1-877-623.6748 fax (919) 715-6048 Michael F. Easley, Governor William G. Ross Jr.. Secretary C/) r North Carolina Department of Environment and Natural resources .� Alan W. Klimek, P.L. Director Division of Water Quality December 20, 2005 m Mr. Michael Corn 735 Butler Bridge Rd. Fletcher, NC 28732 c] C,T1 e RB: Acknowledgment of Receipt of Payment / Case DV 04-018 Farm # 45-7 - Henderson County Dear Mr. Corn: This letter is to acknowledge receipt of your check No. 3547 in the amount of $400.00 on December 1, 2005. The balance of the penalty is $3,197.78. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. if you have any questions, please call me at (919) 715-6697. cc: APS -Asheville Regional Office Fiies 4 DV 04-018 APS Central Files Sincerely, M. I'Ll Sherman, P.E. Supervisor, Animal Feeding Operations Unit ne N�IhCaro na. ,�rrturrt��j Aquilcr Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet:Ilu1>;r!h2u.enr.ssute.n¢.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715.0588 1-877.623-6748 Fax (919) 715.6048 An liquid Opp�irlunily/Aflirnwlive Action Vnip toyer — 50% Recycted/ 10"/. Post Consumer Paper NN ArF19 co Mr. Michael Corn 735 Butler Bridge Rd. Fletcher, NC 28732 40 Michael Ir. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environmcnt and Natural Resources November 22, 2005 1 RE: Acknowledgment of Receipt of Payment Case DV 04-018 Farm # 45-7 Henderson County Dear Mr. Corn: Alan W. Klimek, P.E. Director Division of Water Quality NOV 2 9 zoos This letter is to acknowledge receipt of your check No. 3485 in the amount of $400.00 on November 22, 2005. The balance of the penalty is $3,597.78. Please sign the attached payment schedule and send it back with your next payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 20th of each month. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. if you have any questions, please call me at (919) 715-6697. Sincerely, 0.aul Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: APS -Asheville Regional Office Files # DV 04-018 APS Central Files NOnehCaro 1111 Alftrrrt tY Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Phone (919) 733.3221 Customer Service Internet; http2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715.0588 1.877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Reeycledfift. Post Consumer Paper CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0272 8668 Michael Corn Small Acres Dairy 735 Butler Bridge Rd. Fletcher, NC 28732 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Depai1mcnt of Environment and Natural Resources Alan W. Klimek, 11.1?. Director Division of Water Quality ,�r- August 29, 2005 Rr )1 r , r` -' L 1' -1 L . AUG 3 0 2005 r,Rn iI'J I V,",' ,rrii,ItV,J ASHEVI; It Hi tS1J ti�-r; Subject: Facility Number: 45-7 National Pollutant Discharge Elimination System (NPDES) General Permit Dear Michael Corn: The Division of Water Quality (Division) has been required by the U.S. Environmental Protection Agency (EPA) to develop a NPDES permit program for animal waste management systems. The Division has developed a general NPDES permit similar to the state Non -Discharge General Permit that this facility is currently permitted under. Pursuant to the requirements of North Carolina General Statutes §143-215.1, 40 Code of Federal Regulations § 122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994, coverage under the General NPDES permit is required of all facilities that have had a discharge of wastewater reaching Waters of the State. According to our records your facility meets the requirements for an NPDES permit based on the discharge criterion. Please sign and submit the enclosed NPDES Short Form B — Existing Facility. Please carefully follow the instructions on the form. Please submit the completed enclosed application within 60 days from receipt of this letter. Failure to submit the application as required may subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. If you have any questions about the NPDES permit, the enclosed application, or any related matter please feel free to contact me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit Enclosures (COC Renewal Form) CC: Henderson County Soil and Water Conservation District Asheville Regional Office, Division of Water Quality Permit File NCA245007 P`K Caro n trrtrt$ Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http1/h2o.enr.state.nc.u9 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1.877-623.6748 Fax (919) 715-6048 An Equal Oppottunity/Af[irmallve Action Employer -50% Recycledl10% Post Consumet Paper V, W A rFR `oz r > y ❑ "C 0 Michael F. Easley, Govemor William 0. Ross 7r,, Secretary North Carolina Ucpartmcnt of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 8, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED C71 RECEIPT # 7002 2410 0003 0274 6730a tr— n r c Mr. Michael Corn, 735 Butler Bridge Road Fletcher, NC 28732 Z. RE: Request for Remission of Civil Penalty Small Acres Dairy Farm #45-7 Henderson County File N6 DV 04=018 Dear Mr. Corn: In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of Environment and Natural Resources, I considered the information submitted in support of your request for remission and hereby remit $2,000.00 of the civil penalty assessment. The revised civil penalty is therefore $3,997.78 ($3,000.00 civil penalty plus $997.78 investigative costs). There are two options available to you. You may choose to pay the reduced civil penalty assessment or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources, reference the case number on the check, and send it within thirty (30) days of your receipt of this letter to the attention of: Mr. Keith Larick DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the Division of Water Quality's recommendation for the full amount of the original y nal_ty will be delivered to the Committee on Civil Penalty Remissions for final agency decision. Aquifer Protection Section 1636 Mail service Center Raleigh, NC 27699-1636 Internet: httD A2o,enr.stale.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Atuc;1; Phone (919) 733-3221 Customer Sc" ice Fax (919) 715-0588 1-877-623.6748 Fax (919)715-6048 Mr. Michael Corn Page 2 If you or your representative would like to speak before the Committee, you must complete and return the attached form within thirty 30 days of receipt of this letter. Send the completed form to: Mr. Steve Lewis ..a DWQ 1636 Mail Service Center ... Raleigh, North Carolina 27699-1636 The FMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. if a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Steve Lewis at (919) 715-6629 or Keith Larick at (919) 715-6185. aiiicereiy; K" - Alan W. Klimek, P.E. AWK/scl cc: Landon Davidson, Asheville APS Regional Supervisor Bev Price, ARO File # DV 04-018 APS Central Files wArF9p Michael F. Easley, Governor �0F G William G. Ross Jr., Secretary `Q C7 r North Carolina Department of Environment and Natural Resources A .< Alan W. Klimek, P.E. DitectOr Division or Wrier Quality A July 8, 2005 m - CERTIFIED MAIL RETURN RECEIPT REQUESTED z RECEIPT # 7002 2410 0003 0274 6730 G ... . _ .n er Mr. Michael Corn _w7 735 Butler Bridge Road Fletcher, NC 28732 RE: Request for Remission of Civil Penalty Small Acres Dairy Farm #45-7 Henderson County bile No. OV 04-018 Dear Mr. Coni: In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of Environment and Natural Resources, I considered the information submitted in support of your request for remission and hereby remit $2,000.00 of the civil penalty assessment. The revised civil penalty is therefore $3,997.78 ($3,000.00 civil penalty plus $997.78 investigative costs). There are two options available to you. You may choose to pay the reduced civil penalty assessment or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources, reference the case number on the check, and send it within thirty (30) days of your receipt of this letter to the attention of: Mr. Keith Larick DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the Division of Water Quality's recommendation for the Cull amount of the original penalty will be delivered to the Committee on Civil Penalty Remissions for final agency decision. Caro ' a At uir Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer service Internet: httpa/lt2o.cnr.s1ate.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal opportunity/Affirmative Action Employer-- 50% Recycled/ 10% Post Consumer Paper Mr. Michael Corn • Page 2 If you or -your representative would like to speak before the Committee, You must complete and return the attached form within thirty 30 days of receipt of this letter. Send the completed form to: Mr. Steve Lewis .� DWQ ,.. 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Steve Lewis at (919) 715-6629 or Keith Larick at (919) 715-6185. Jini:�I'ely, Alan W. Klimek, P.E. AWK/scl cc: Landon Davidson, Asheville APS Regional Supervisor Bev Price, ARO File # DV 04-018 APS Central Files M �oF wArF9p ,o cg > y A � • . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 12, 2005 Mr. Michael Corn 735 Butler Bridge Road Fletcher, NC 28732 RF: Remission Request Small Acres Dairy Farm #45-7 Henderson County File # DV 04-018 Dear Mr. Corn: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on June 1, 2005, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 715-6629. Sincerely, Steve Lewis Animal Feeding Operations Unit cc: Landon Davidson, Asheville Regional Supervisor w/attachment 4 3 eB' VV.TlCeTARO w/attachment APS Central Files File # DV 04-018 w/ 3 attachments N°oa hCaro na Xatura,)}y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Phone (919) 733-3221 Customer Service Intemet: htly:11h2o.cnrstate,13c.u5 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877.623-6748 Fax (919) 715.6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper c'J C-�J 77 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on June 1, 2005, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 715-6629. Sincerely, Steve Lewis Animal Feeding Operations Unit cc: Landon Davidson, Asheville Regional Supervisor w/attachment 4 3 eB' VV.TlCeTARO w/attachment APS Central Files File # DV 04-018 w/ 3 attachments N°oa hCaro na Xatura,)}y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Phone (919) 733-3221 Customer Service Intemet: htly:11h2o.cnrstate,13c.u5 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877.623-6748 Fax (919) 715.6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Small Acres Dairy Subject: Small Acres Dairy Date: Wed, 23 Apr 2003 13:25:08 -0400 From: Jeff Young <Jeff.Youngcr nemail.net> Organization: NC DENR - Asheville Regional Office To: Roy Davis <Roy.Davis@ncmail.net> Roy - Mike Corn needs a marker in both of the waste storage ponds at the farm. I'll will contact him regarding the type and location of the marker, as well as assist with the placement. -Jeff Jeff Young - Jeff.Young@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of soil and Water Conservation 54 Woodfin Place Asheville, NC 28801 Tel: 828-251-6208 Fax: 828-251-6452 Jeff Young, PE <Jeff.Young,ncmail.net> NC DENR - Asheville Regional Office Division of Soil and Water Conservation I of 1 4/23/2003 1:32 PM AW Operator w Subject: AW Operator Date: Wed, 22 Jan 2003 15:10;51 -0500 From: Beth Buffington <beth.buflington ncmail.net> To: Daphne Cullom <Daphne.Cullom a nemail.net>, John Hunt <John.N.Hunt@ncmail.net>, Alan Johnson <A1an.Johnson@ncmai1.net>, Buster Towel] <Buster.Towell@nemai1.net>, John Hasty <John.l-fasty@ncmail.net>, Lyn Hardison <Lyn.Hardison@ncmaiLnet>, Bob Heath <Bob.Heath@ncmaiLnet>, Kevin Barnett <kevin.barnett@ncmaiLnet>, Stoney Mathis <Stonewall.Mathis@ncmaiLnet>, Grady Dobson <Grady.Dobson a ncmail.net>, Melissa Rosebrock <Melissa.Rosebrock@ncmaiLnet>, "J.D. Hester" <jarwin.hester ncmail.net>, Paul Sherman <paul.shermanancmail.net>, u Chester Cobb <chester.cobb ncmai1.net>, Gale Stenberg <gale.stenberg cr 11cmail.net>, Scott Vinson <scott.vinson@ncmai1.net> Hi everyone, FYI - attached is a list of the aw operators who've not yet paid their renewal fees. If their payments are not postmarked by January 31, they will have to take and pass the exam to become recertified. They were all sent reminder letters this week. Thanks, Beth Name: AW OPERATORS NOT PAID.xIs Type: Microsoft Excel Worksheet 2AW OPERATORS NOT PAID.xis (application/vnd.ms-excel) Encoding: base64 Download Status: Not downloaded with message I of 1 1/22/2003 3:50 I'M ,.L. COUNTY CERT # FIRST MIDDLE LAST TRAILER ADDRESS CITY STATE Buncombe 21356 John C. Nesbitt 1595 Cane Creek Fletcher NC Burke 25887 Richard E. Greene 110 Oakgrove Par Dallas NC Burke 17057 Dallas C. Miller 1913 Browning Vi Morganton NC Haywood 21364 Steve W. Ross 188 Ridgedale Ro Clyde NC Haywood 21574 Edwin G. Bryson 78 Winthrop Road Waynesvill NC Henderso 20934 Michael R. Corn 735 Butler Bridge Fletcher NC Max. Liquid Levels for WSPs Subject: Max. Liquid Levels for WSPs Date: Tue, 25 Mar 2003 15:29:15 -0500 From: Jeff Young <Jeff.Young@ncrziai1.net> Organization: NC DENR - Asheville Regional Office To: Roy Davis <Roy.Davis@ncmai1.net> Roy - The maximum liquid level or "start pump" for Henderson County dairies is as follows: B&B Dairy (Phillip Brittain) - 12" minimum freeboard in Slurrystore. Concrete settling basin next to South Mills River Road is reserved for storm storage; therefore the basin should remain empty except immediately following a significant rain event. Garland's Dairy (Chuck Cariand) - 18" below emergency spillway. Small Acres Dairy (a.k.a. Taproot Dairy #2) - 21" below emergency spillway for larger wastewater pond; 20" below top of dam for smaller slurry pond. Fullam Dairy (Steve & Daryl Fullam) - 8" below emergency spillway. Taproot Dairy Farm (Bradley & Billy Johnston) - 24" below top of dam for larger wastewater pond; 20" below top of dam for smaller slurry pond. The slurry pond was designed where the waste will overflow the concrete push -off ramp at the slurry pond before overtopping the embankment. It serves as a warning to the operator that the structure has exceeded its designed storage. Let me know if you need anything else. - Jeff Jeff Young - Jeff.Young@ncmai1.net North Carolina Dept. of Environment and Natural Resources Asheville Regional office Division of Soil and water Conservation 59 Woodfin Place Asheville, NC 28801 Tel: 828-251-6208 Fax: 828-251-6452 Jeff Young, PE < f Youn c ncmail.net> NC DENR - Asheville Regional Office Division of Soil and Water Conservation 1 oft 3/26/2003 9:43 AM 919103 Applications Mailing List for Renewal of State ND Permits Farm Name Address Region: Asheville Coun # FacIII # 11 5 11 6 11 12 11 19 12 2 12 3 14 3 14 7 14 8 44 14 44 15 44 58 45 7 45 18 59 1 81 2 919103 Applications Mailing List for Renewal of State ND Permits Farm Name Address C;tystate KII Harris Bro. Dairy 7 Williams Branch Road Barnardsville NC 28709 T&C Dairy PO Box 936 Fletcher NC 28732 Piney Hill Dairy 444 Lower Brush Creek Road Fletcher NC 28732 Four -M -Acres 428 Willow Creek Road Leicester NC 28748 Dallas Miller Farm 1913 Browning View Rd. Morganton NC 28655 Ropers Dairy 1391 Harrison Carswell Morganton NC 28655 B.G. Looper and 4695 Petra Mill Road Granite Falls NC 28630 Clay's Dairy 4415 Celia Creek Road Lenoir NC 28645 Carolina PO Box 1105 Granite Falls NC 28630 Johnny Ferguson 191 Ferguson Cove Loop Clyde NC 28721 Ross Dairy Farm 681 Farmland Road Waynesville NC 28786 Frank D. Medford 155 Joe Medford Road. Waynesville NC 28785 Small Acres Dairy 470 Jeffress Road Fletcher NC 28732 B & B Dairy 421 South Mills River Horse Shoe NC 28742 Honey Brook 308 Honey Brook Lane Old Fort NC 28762 Calton Dairy 660 Calton Rd Bostic NC 28018 1 �0F W AT F9Q r 67 -4 January 9, 2003 MEMORANDUM Michael F. Easley, Governor William G. Ross Jr., Secretary Z:;;;NorthJarol1na Department of Environment and Natural Resources Alan W. Klimek, P.E. Director ,1'1 ►k ` , I Division of Water quality To: Regional Water Quality Supervisor From: Sue Homewood, Environmental Enginee_'l Non -Discharge Permitting Unit fJ"i Subject: Renewal Applications for General Permits for Existing Operations Attached is a list of the facilities in your respective regions that are being sent an application for renewed coverage under the State Non -Discharge General Permits for Animal Operations. A template application is also attached that is identical to the application being sent to these facilities without the facility specific information. The letter also serves to inform the permittee that the General Permits are currently being re -written and where to find Information regarding that process. Each facility will be given written notice via certified mail. The notice will include a copy of the application form and a deadline for response. The facility must respond within sixty (60) days of receipt of the letter. If you have any questions, please contact me at 733-5083 ext. 502, or sue.homewood@ncmail.net. Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center An Equal Opportunity Action Employer Internet http://h2o.enr..atate.nc us/ndpu Telephone (919) 733-5083 Fax (919) 715-8048 'telephone 1 800 623-7748 50% recycled/10% post -consumer paper CERTIFIED MAIL RETURN RECEIPT REOUESTED Producer Farm Name Address City, State, Zip Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 9, 2003 Subject: Application for Renewal of Coverage under the State Non -Discharge General Permit Dear Permittee: Alan W. Klimek, P. E„ Director Division of Water Quality Your facility is currently approved for operation under one of the Animal Waste Operation General Permits. These permits expire on April 30, 2003. The Division of Water Quality (Division) staff is currently in the process of renewing these permits and is scheduled to have the permit reissued by early April 2003. Once the permit is reissued, your facility would be eligible for continued coverage under the reissued permit. The Division has published a public notice regarding these renewed general permits. A copy of the draft animal waste operation general permits and fact sheets are available at the website http://h2o.enr.state.nc.us/ndpu/ or by writing or calling: Non -Discharge Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, ext. 574 In order to assure your continued covera a under the general permiL you must apply to the Division for renewal. Enclosed you will find a Permit Coverage Renewal Application Form, The application form must be completed and returned within 60 days from receipt of this letter, You must include a copy of your most recent Waste Utilization Plan with the application form. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty, Operation of your facility without coverage under a valid general permit would constitute a violation ofNCGS 143- 215.1 and could result in assessments of civil penalties of up to 525,000 per day. If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact XXXX at 919-733-5083 extension XXXX. Sincerely, v Kim H. Colson, P.E. Cc: County Soil and Water Conservation District Region Regional Office, Division of Water Quality Permit File AWXXXXX NEM Non -Discharge Permitting Unit Internet httpJlh2a.enr.sWte,nc.us/ndpu 1617 Mail Service Center, Raleigh, NC 27899-1817 Telephone (919) 733-5083 Fax (919)716-6D48 Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Animal Waste Management Systems Request for Renewal of Existing Certificate of Coverage for State Non -Discharge Permit The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections that are appropriate. If a question has not been completed by the Division, please answer it to the best of your ability. Do not leave any question unanswered. 1 Facility Number.: 2 Facility Name: or Permit Number: 3 Landowner's name (must match the name on the Certified Animal Waste Management Plan): 4 Landowner's Mailing address: City, State: Telephone Number (include area code): 5 County where facility is located: 6 Farm Manager's name (if different from Landowner): 7 Farm Manager's telephone number (include area code): 8 Number and Type of Animals: (example: 2000 Feeder to Finish Swine) Swine: Confined Cattle: Poultry with liquid waste system: Zip: Submit a copy of the most recent Waste Utilization Pian with this application. The Waste Utilization Plan must be signed by the owner and a technical specialist. I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application may be subject to civil penalties up to $25,000 per violation. Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sign. If Landowner. is a corporation signature should be by a principal executive officer of the corporation): Name: Title: Signature: Date:. THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERNHTTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Request for Renewal COC 0� CERTIFIED MAIL RETURN RECEIPT REQUESTED SMALL ACRES PARTNERSIM' 470 JEFFRESs ROAD FU-rcrrt:R NC 28732 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 December 19, 2002 Subject: Notice of Violation and Revocation for Nonpayment Small Acres Dairy Permit Number: AWC450007 Henderson County Dear Small Acres Partnership: 6 �L-8-- 6 8 tf ---, o (--?_5 In accordance with North Carolina General Statute 143-215.1OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 9/12/2000. Your annual permit fee for the period of 9/12/2002 - 9/11/2003 is $150.00. Your payment was due 111712002, Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincere y, 1 Alan W. Klimek, F.E. cc: Non -Discharge Branch Compliance/Enforcement Unit GAsheville:RcgionalOffice--�— Henderson County Health Department Permit File a' i i, Me3M02 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 ' FAX'919'733:$919 --- An Equal Opportunity Affirmative Action Employer 50% recycled 1 10%,post-bonsumer:papere,{,t c Q/S �/Q W A T- Michael F. Easley, Governor William G. Ross Jr., Secretary q North Carolina Department of Environment and Natural Resources r y Coleen N. Sullins, Chairman Water Pollution Control System Operators Certification Commission September 27, 2002 Small Acres Partnership 470 J eff ress Road Fletcher NC 28732 Subject: Designation of Operator in Charge Facility: Small Acres Dairy Facility ID#: 45-7 County: Henderson Dear Farm Owner: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the 1996 North CAshevillelina General Assembly. This legislation requires the owner of any animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid waste management system, to designate a properly certified Operator in Charge (OIC). 15A NCAC 8F .0201(a)(2) requires- the owner of such a system to designate a new OIC within 30 days of a vacancy of the OIC position. To ensure that we have current information on file, please complete and return the enclosed designation form by October 31, 2002. Please note that the designation form must be signed by the designated OIC and the farm owner. Failure to designate a validly certified OIC is 'a violation of NCAC 15A 8F.0201 and the permit issued for this system. If you have any questions about updating the operator designation. information for your facility, please call me at 919-733.0026, extension 313. Sincerely, Beth Buff ingto Technical Ass! ante and Certification Unit cc: TAC Facility Files Non -Discharge Compliance/Enforcement Unit AShb;riilewR4glb'Faal OffId'6% Central Files Enclosure 0 WN,li 1 =%I Technical Assistance & Certification Unit 1818 Mail Servlce Center, Raleigh, NC 27699-1618 DENR Customer Service Center An Equal Opportunity Action Employer Internet httpJRi2o.enr.nc.state.us/tac Telephone (919) 733-0028 Fax (919) 733.1338 Telephone 1 800 823-7748 50% recycled/109b post -consumer paper K State of North'Carolina Department of Environment and Natural Resources Division of Water Quality ' Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director CERTIFIED MAIL RETURN RECEIPT REQUESTED SMALL ACRLs PARTNERSHIP 470 JEFFRESS Rona FLu'rctwk NC 28732 Dear Small Acres Partnership: 6 tire, NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANO NATURAL RESOURCES j brrury ��f "� 002 - r FEB 1 4 r Subject: Notice of Violation and Revocation for Nonpayment Small Acres Dairy Permit Number: AWC450007 Henderson County In accordance with North Carolina General Statute 143-215,1OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 9/12/2000. Your annual permit fee for the period of 9/12/2001 - 9/11/2002 is $150.00. Your payment was due 111812001. Because this fee was not fully paid within 30 days alter being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H.0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: cc: W, N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 �o l 0�-- " If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. d1 -1 - 1-e G ty,. . 'Thorpe, P D. Non -Discharge Branch Compliance/Enforcement Unit Hende,soN County HealtliDepartment ermit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper William Johnston Small Acres Dairy 470 Jeffress Road Fletcher NC 28732 Dear William Johnston: A &?W'A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AN 177E=:5 December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 45-7 Henderson County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR 1, IRR2, DRY 1, DRY2, DRY3, SLUR 1, SLUR2, SLD I, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5483 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Asheville Regional Office Henderson County Soil and Water Conservation District Facility File V 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 'Telephone 919.733-5083 Fax 919-715-6048 /j �V An Equal Opportunity Afnrmative Action Employer 50% recycled/10% post-cunsumer paper State of North Caroli Department of Environment and Natural Resources* Division of Water Quality , y James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director William Johnston Small Acres Dairy 470 Jeffress Road Fletcher NC 28732 Dear William Johnston: A &?W'A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AN 177E=:5 December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 45-7 Henderson County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR 1, IRR2, DRY 1, DRY2, DRY3, SLUR 1, SLUR2, SLD I, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5483 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Asheville Regional Office Henderson County Soil and Water Conservation District Facility File V 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 'Telephone 919.733-5083 Fax 919-715-6048 /j �V An Equal Opportunity Afnrmative Action Employer 50% recycled/10% post-cunsumer paper r • sm.o ! Sito Requirestnedlate Attention: Yes Facility No. DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SUE VISITATION RECORD DATE: Se P �� , 1995 � 5'eP, /$, /4,?5 Time: 3: vv Farm Narne/Ownt Mailing Address: County: -,��,� &17'soN Integrator: Phone: On Site Representative:tar LY rcar�s J CNScrv_- — 1'hottie: ! - !L8 Physical Address/Location: Ess A My . E!!uTP MwY Type of Operation: Swine Design Capacity: DEM Certification Number: Poultry. Cattle x . )#1Rr Number of Animals on Site: R3 ACE DEM Certification Number: ACNEW Latitude: ? S • )3 , .SO ll Longitude: -.&-' - dj- -' /y Elevation: 2/ Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot -t• 25 year 24 Dour storm event (approximately I Foot + 7 inches) Yes or No '/ Actual Freeboard: Ft. Inches Was any seepage observed from the lagoon(s)? Y/ s or' No Was any erosion observed7 Yes or No Is adequate land available for spray7 Yes or Or is the cover crop adequate? Yes or No Crop(s) being utilized-, Lt/j, Does lie facility tneet SCS min nrum setback criteria? 200 Feet from Dwellings? Yes or No f� 100 Feet from Wells? Yes or No 4-00 Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes oro Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or No Is animal waste discharged into waters of the state by mart -made ditch, flushing system, or other s4ni.lar• mart -made devices? Yes or No If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated bn specific acreage with cover crop)? Yes o6) Additional Continents: ScRJ(Pi; ptxG-5 r~`r+i L414PARE 0 5 a. ,&Q Rf r. P&Wb-6 iW + k-E&E-ss reg_ P(c 7 a&I : L P-15f,IR Glf garb uT L ter: -Kp S' t[ 6 F"rjrt o U . 3 MAC- f1i It?, 't 0411ft AKC-AJ RQ '�-- r)(70AW51, INT, 600 04 i4tiLC Inspector Name Signature Iitos -r car= r0& poctI446rf dee-4166 -ry 6r— 0Ate'1'V1pr1A4 qtr! S. C SioE ae- mjtt' cc: Facility Assessment Uitit Use Attachments if Needed. State of North Carolina Department of Environment and Natural Resources Division of Watei'Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director WILLIAM JOHNSTON SMALL ACRES DAIRY 470 JEFFRESS ROAD FLETCHER, NC 28732 Dear William Johnston: November 2, 1999 1 • • N, NORT ENvpRot4 Subject: Application No. AWC450007 Additional Information Request Small Acres Dairy Animal Waste Operation Henderson County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can 4ontinue our review. Please address the following by December 2, 1999: Please submit a completed general permit application form. The application was not included in the information received by the Nan -discharge Permitting Unit on August 6, 1999. 2. The irrigation parameters listed in your Waste Utilization, Plan (WUP) exceed current recommendations. Irrigation events are to be listed in the WUP as the maximum application allowable for that soil type from the time the pumps are turned on until the time they are shut off. The application events listed in your WUP appear to be out of the Sprinkler Irrigation Guide. The Application Amounts listed in this guide have not been adjusted for the application of animal waste. It is currently recommended that total application amounts not exceed one inch in any application event for any soil type. If your application rates need to be adjusted for the application of animal waste, please have your Technical Specialist revise your WUP to reflect the appropriate application amount per event. If the rates exceed the recommended one inch, please have your Technical Specialist justify the increased application rate in the narrative of your WUP. 3, The WUP lists the yield for corn silage on tract 568, field 33 as 25 tons per acre, the yield for corn silage on tract 568,. field 34 as 28 tons per acre, the yield for pasture on tract 564, field 1 as 6 tons per acre, and the yield for pasture on tract 558, fields 1, 2, and 3 as 6 tons per acre. These are higher than currently recommended. Please contact your technical specialist to revise the Waste Utilization Plan or provide justification that supports the increased yield as shown in the current WUP. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please note that all WUP revisions must be signed and dated by both the owner and the technical. specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before December 2, 1999 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit.. K1617il Service Center, Raleigh, North Carolina 27699-1611 6048 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-715- 50% recycled/ 10% }cost -consumer paper Application No. 45-00 • William F. Johnston Page 2 Please be advised that operation of the"subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 546. S, Susan Cauley Environmental Engineer Non -Discharge Permitting Unit cc: Asheville Regional Office, Water Quality Henderson County Soil & Water Conservation District Permit File State of North Carolina 0 Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANP NATURAL RESOURCES April 6, 1999 h ' k - 4 a xam a nston� Small Acres Dairy 470 Jeffress Road t Fletcher NC 28732' Farm Number: 45 - 7 Dear William Johnston: E"y You are hereby notified that Small Acres Dairy, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty 60 da s to submit the attached application and all supporting documentation. In accordance with apter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Dianne Thomas at (919)7,33-5083 extension 364 or Wanda Frazier with the Asheville Regional Office at (828) 251-6208. ZSiny, for Kerr T. Stevens cc: Permit File (w/o encl.) Asheville Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper `State .of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN HCEUPT-REQUESTED Attn: William Johnston Small Acres Dairy 470 Jeffress Road Fletcher NC 28732 Dear William Johnston: ldft 1�• MIA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRGES October 12, 1998 Subject: P OCT � I� ��FY.E�rvYj i!s Special Agreement Facility Number: 45-7 Small Acres Dairy Henderson County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc: ARQRegional=Officea Henderson County Soil and Water Conservation District Facility File Central Files Shannon Langley Ji, P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919.733-5083 Fax 919-715-6048 fV e An Equal Opportunity Aftlrmative Action Employer 50% recycled/10% post -consumer paper • NORTH CAROLINA 0 ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HENDERSON IN THE MATTER OF ) SPECIAL AGREEMENT FACILITY NUMBER: 45-7 WILLIAM JOHNSTON Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by William Johnston, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implemep>��r NED animal waste management plan by December 31, 1998. SEP 2 8 IN WATER DUALITY SECTION Non -Discharge Compliance Ent Farm Number: 45-7 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DW Q written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OW NER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed, 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). r Farm Number: 45-7 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Small Acres Dairy WtT Tj Print Name of Owner f'T,f r Signature of Owne For the North Carolina Environmental Management Commission: Date /a p#.�Chairman of the Commission .1 • - State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MATL RETURN RECEIPT REQUESTED William Johnston 470 Jeffress Road Fletcher NC 28732 Dear William Johnston: 1 � • CDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMEbM-AND NATURAL RESOURCES 1 tWON V f J J Subject: Special Agreement Certified Animal Waste Management Plan Small Acres Dairy Facility Number: 45-7 Henderson County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 18, 1998, the Environmental Management Commission (EMC) proposed to enter into a special agreement with William Johnston in order to allow additional time for William Johnston to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. That proposed agreement was received by you on July 21, 1998 with a response to the Division of Water Quality being due by August 4, 1998. To date, no signed agreement or response to the proposed agreement has been received. Therefore, the subject facility is being operated without a valid permit and is subject to civil assessments of up to $10,000.00 per day. If no response is received from you within 14 days of your receipt of this letter, staff from the Division of Water Quality's regional office will be asked to perform an inspection of your farm. If you are found to be in operation above the threshold established by 15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated. leas another copy of the proposed S ou agree to abide by the dates and terms of the attached sc edule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. if you have already implemented your CAWMP, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. Q.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733.5083 Fax 919.715.6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Please be advised that notFiing in this letter should be taken as remting from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. Therefore, in order to avoid such enforcement actions, f urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 581 or Mr. Steve Lewis at (919) 733-5083 ext. 539. v� Attachment / " A. Preston Howard, Jr. P.E. cc: Facility File — Non -Discharge Compliance/Enforcement Unit ARO Regional Office Dewey Botts -- Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA • ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HENDERSON IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 45-7 WILLIAM JOHNSTON Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by William Johnston, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143E-282, and hereinafter referred to as the Commission: "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by December 31, 1998. Farm Number: 45-7 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice bf compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). ' Farm Number: 45-7 i Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Small Acres Dairy Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission ����� � ���; � �� r "��"�f" it �i� � o`�"Y'� d--�_ � b � b r 2-� �°`7j ..mom, �„ti Q � -°,� �,.,,�, �N � � �-° a �, ge �- • NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMBSION COUNTY OF HENDERSON IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 45-7 WILLIAM 1OHNMN Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special A reem=t is entered into by William Johnston, hereinafter referred to as "OWNEli `, and the North Carolina EnviromnenW Management Commission, an agency of the State of North Carolina created by O.S. 143E-282, and hereinafter referred to as the Commission: I . "O'WNM" ad the Commission hueby stipulate the following: (a) "OWNER" hag previously been deeint:d peratitted in accordm a with 15A NCAC 2H.0217 for the operation of an animal wags treatment works., but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an sppmved animal waste mawkgement plan to be submitted by December 31, 1997. (b) Faihtra to obtain and implement a Certified Animal Waste Maaagen= Plan in accordance with 13A NCAC 2H .0217(a)(1)(E) is a violation off State Water Quality Regulations -end "OWNER" Is within the jurisdiction of the Commission as set forth In Q.S. C itapter 143, Article 21. (c) "OWWNEW' desires to continue to operate the annual waste tmatmemi works as a Non Discharge system. (d) "OWNER" has sem-ed assistance from a carolled technical to develop ealwal waste management system which. once certified, will meet or end all applicable guidelines and standards and will be able io comply with all aspects or the Comnaisdsions animal waft sewal permit. (e) During the term of ibis Agit there will be no increase in Steady State Live Wei (SSLW) at the f�ty. An new construction w2l be dpi to accommodate only the SSL for which the �lity was it gist�t3 in accordance with 15A NCAC 2H .0217(a)(1)(U)• (e) Since this Special Agreement is by Count, neither party w2l fife a petition for a cow caw or for judicial mTJew conCLmibg its terms, (t). Nothing in this Spacial Agreement shall be taken as absolving or raboving "OW14 t 'from any riponsibMity or Hatnity for discharges of animal waste to surf= waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, bereby ugr= to do Um following: (a) Undertake all Recrosary activities in order to obtain and bpleam a cerffzd animal waft managamt pbu by Dember 31,1998. 0011 06H 01 NOI M Aii-unn zl tum Ysa woNj Sb:oi eGGi--Sz-ore Farm Number. 45-7 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and oho relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) mbndar days after the date identified in 2(a) above, submit to the Director of DWQ written notice Of compliance or noncomplimee tbmwfth. In the case of nonoomplia=, the notice shall me de a st$ttutYent of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed aCtftics may be affected_ 3. 'SDWNER" agrees that unless excused under paragraph four (4). "QWNER" wdl pay the Director of DWQ, by check payable to the North Carolina Deparunetu of Euvirotltneal and Natural Restittrces, stipulated penalties according to the following so;ho;dule for failure to meet the deadline set out in paragaph 2(a) above. 1~aiture to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date Identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Dhision of water Quality that noncompliance was ceased solely by: a. An act of God; b. An act of war; e. An intentional act or omission of a third party, but this defense shalt not be available if the act or omission is that of an employ or went of the defendant or if the act or omimflan pours in connection with a contractual mbtionship with the "OWNER',; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or fan= to obtain $mdi ng WWnot be consider as events beyond the "OWNER'S" cowok or e. Any combination of the above causes. Failure within thirty (30) days of receipt of wrhtm demand to ppaayy the penaltim or challenge them by a contented case petition ppursuant to G.S. 15023, will be grounds for a collection action, which the Attorney Geral is hereby authorized to initiate, The only issue in such an action win be whether the thirty (30) days has ekpmd. 5. This Special Agreement and any terms anti conditions contained herein. hereby supersedes 1SA NCAC 2H. U217(a)(1)(E). 6. Noatcampliarxx with the tzars of" Special Agreement are subject to onfon�nt action fn addition w the above stipulated penalties, including fnjunctNe rr.lief pursuant to G.S. 143-215.6(C). so Id MH 1]1 N011ODS kirunn �aiui Lsa WLk3d sv.-m 8662-sz-orIH Farm Number. 45-7 Special Agreement Page 3 7. The "OWNER '. upon signature of this Special Agreement, wM be expected to comply with all schedule dates, ternus, and conditions of this documment. S. This Special Agrwment shall expire upon owners submittal of a =tii3ed animal waste management plan. For SnuM Acres Dairy Print Name of Owner Date Signature of Owner For the North Camlma Enviromenul Management Com Lvaon: Date Chairman of the Commission 5©'d 0�lb 01 N011.335 Aii-unn 'cgib 9 LL -1(T wow 9b:0T oGGi-52-Of1H .�- � �. �; P '� 'y' •ti ,. -� U- - ;�; V�Y��[ Q�� �: ,. �F� ��� ��} -Y -11 y a v I loan) An& LI 1 F 0 R E S T r State of North Carolina fleparbnent of Environment and Natural Resources )tllvislnn of Wafer qty James B. Haunt, Jr., Governor Wayne McDevitt, SecreUry A. Preston Howard, Jr., P- U-, Di a Wr July 17. 1998 WMiam Johnston 470 JeMen Road Fletcher NC 28732 5r NCDENR NORTH CWOUNA D�*wern or EMYIRo"mmT AMo WAnAgAL RESOL99CS9 SubjeM Special Agreement Certified Animal Waste Management Plan Small Acres Dairy Facility Number: 45.7 Hemderson County Dear WIIliam Jolmswn: As per Senate BW 1217, wbkh was ratitlod on June 21, 1996, and your application for Special Apuwnw which was received on March 18, 1998, the Environmental Management Commis.4ion (EMQ hely proposes to enter into A sp=W amt with William Johnston in order to allow additional time for William Johnston to obtain and implement a certified animal waste management plan (CAVYW) for the subject facility. Plan And enclosed the proposed Special Agreement. if you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Laugkf at the letterhead address within kburteen (1.4) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agraw neat, please provide us with a response to h& Shamon Langley within fourtun (14) calendar days of your receipt of this letter. Please be advised that nothing In this letter should be taken as removing team you the responsibility or liability for faihtm to comply with all terms and conditions of the North Carolina Genmil Statutes 143-215.1 and the relevant rules promulgated ftreunder. An dates and conditions of this agnmmeat that are not met shall be subject to cl%ll penalties, aminal peanalties, iu reunion and all other enfora=ent tools available to the Division of Water Quality. PAX Buz 29535, eakkk Narib Carelbw 2767..Wn 'lekphm* 919-733.PW Ira= 919-713.6048 An BgPA Qppwumuy Am mati.e Anum En*byer so % mgdedno % pmt ter paper 20 Id MH of N6I= Ai i -lune Noiu 9 4ea ww_{ ": of 6662-sz-unu Tberefor+e, its order to avoid such enforomnent actions, I urge you to re4mi the Agmcmnt rarchAy, make sure you understand your commitments under the Amt, and contact Mr. Langley, if you do not understand or am conAmed about any conditinn of the apwmem.. I,f you have any questions conccraing thi9 matter. please do not hea3late LO Contact Mr. Shannon Langley at (919) 733-5483 ext. 571 or Ms. Sonya Avant at (919) 733-5483 ext. 571. Sinca ly, 2� - A. Preston Howard, Jr. P.fi. cc: Fac o Me — NowDIwJwge Compt,ant/Enforcrm m Unit DWQ Regional Office Dewey Botts -- Division of Soil and Water .fiLongley Central Pifer M•d MH 01 N01103E; uI-in) N num Lea woo "im a66T-Gz-grm • 0 State of North Carolina ����` ��ry Department of Environment and Natural Resnurc Y GrLJ Division of Writer Quallty MAR I a two APPLICATION FOR A SPECIAL AGREEMENT ON (iNFMMAT101.4 RFQtnED FOR ANWAL OPERATIONS UQUESTING A W-- -D� Rd I. GENERAL INFORMATION: 1. Applicant (Owner of the f=acility), 2. Facility N 3. Facility N 4. Print or Type Owner's or Signing Official's Name and Title (the person who is legally responsible for the facility and its compliance): 5. Mailing Adtltess: City:. ..,.. — -- state.-.— -& C zip:_=214- Telephone No.: (1 Vii) 9 I 6. County where facility is located: Ar 7. CJ Mtim Type (Swine, Poultry, Cattle); - - - C A ? Z& e S. Application Date: 3 :Z S- J! Il. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21,19%, the Environmental Management. Commission (EMC) may enter into a special agreement with an operator who =glstered by September 1, 1996 with their local Soil and Water Conservatlon District office and who makes a good faith effort to obtain an approved animal waste management plan by Dee mber 31, 1997. This special agreement shall set forth a schedule for the opcmtor to follow to obtain an approved animal waste management plan by a date certain and sball provide that the EMC shall not issue a notice of violation for failure to have an approvod animal waste management plan so long as the operator complies with the specisi agreement. Operators who did not registerby September 1. 1996 with their local Soil and Water Conservation District office nr who can not document that they made a good faith effort to obWn an approved animal waste rnanagenwnt plan by December 31. 1997, will not receive a Special Agreamapt from the EMC. These facilities will be subject to civil penalties, criminal penalties, injunctions and all outer enforcement tools available to D-WQ. 1. Bate facility requested assistance from their local Soil & Water Conservation District FO'RNS SPAG 1198 W • d a�H 01 Na I JOSS u i -bnn Nabn loci Page i of 4 WMW 9V-131 9661--9E-of-H .- • 0 2. Efforts made since February 1, 1993 to develop and implement a cenifted animal waste management plan (Usc additional sheets if necessary). This summary roust include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Funds expended E. Improvements made to the system F. Animals removed and not retaacked at the facility G. Other actions taken FOILM SPAG 1198 Page 2 of 4 80'a MH 01 NOMM M u I -inn Neium 4©Q woa=i Z7 :9 Z 9GGi-5z-qnu 4 60 ' d �d1C11 11. PROPOSED SCHEDULE FOR OBTAINING CERTWICATION : Please list each of the specific Bungs that will be done at your facility to implement a certified animal waste management plan and the duce you will have each activity completed. This must include a review of the pussibBity of not nstockingg animals that are scheduled to be removed from the facility until such time as a cerdfied,plan = be implemented. Please also list the date on which animals were most reeantly mocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). A Applicant's Certification: attest this applicauon for a Special Agreement with the EMCIras been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand it all renuired parr of this annlication arc not ompleted and if all SBAILL 1".7 R Print Name of Owner i Date Signature ovaier FORM SPAG 1.198 Page 3 of 4 GO ' d ow 01 NOMM M ,ll t -bnn 2C ium t.aa w021.-:1 Lb : el BsGi-s?.-Elms State of North Carolina e,.e rtment of Environment Natural Resources on of Water Quality s B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEFPT REQUESTED William Johnston Small Acres Dairy 470 Jeffress Road Fletcher NC 28732 Dear William Johnston; 1 • � 1h NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 FFO r Subject: Request for Status Update Certified Animal Waste Management Plan Small Acres Dairy Facility Number: 45-7 Henderson County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(B)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to subnut a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for . the subject facility. lease provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C,G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that. this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. 11.0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919.715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper • Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is J� below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to subnut, Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance.. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions "will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5063 Fax 919-715.6048 An FLlual Opportunity Affirmative Action Employer 50% recycled/]0% post -consumer paper ,h T k IpR U 5±6 i� 1.� .�i t(" tl� yt l @ / m e�L ri i� tl� l @ / m e�L 'i State of North Carolln Department of Envlronment, .�. Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary [DaHNF;Z DIVISION OF SOIL AND WATER CONSERVATION May 16, 1997 j KAY 201' + Mr. William Johnston WATER 0111,1 I1" ��riin.,� 470 Jeffers Road — ------ - Fletcher, North Carolina 28732 SUBJECT: Operation Review Corrective Action Recommendation Small Acres Dairy Facility No. 45-07 Henderson County Dear Mr. Johnston: On May 8, an Operation Review was conducted of Small Acres Dairy, facility no. 45-07. This Review, undertaken in accordance with G.S. 143-215.10D, 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, it was determined that waste was = being discharged to the waters of the State, but parts of the animal waste collection, treatment, storage and disposal systems are not up to current standards. The discharge of milk parlor waste into the field creates the potential of discharge to the waters of the state. It is understood that you are in the process of having a pond and other structures installed as corrective measures for this problem. You are encouraged to stay in contact with your certified technical specialist assistance as needed. During ensuing reviews, these some deficiencies will be re-examined to determine if corrective actions were implemented. In order for your facility to remain 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 r-operly maintained and o eg_rated under the responsible charge of a certified operator. Please remember that you are required to obtain and implement an approved animal waste management pian by the end of this year and attend a certified waste operator course. The pian must be certified by either a designated technical specialist or a professional engineer. For additional assistance with the pian or the course, please contact your local Soil and Water Conservation District Office or local Cooperative Extension Service Office. 919 North Main Street, V 4 FAX 704-663-6040 Mooresville, North Carolina 28115 N'Of C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 :..,.� _ 50% recycled/10% post -consumer paper .a Mr. William 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 (ext. 277) if you have any questions, concerns or need additional information. Sincerely, C Jose l C. merman P Environmental Engineer I cc: Henderson Soil and Water Conservation District iIt1117Fi1'e'�, a1NC -Water QSWC Regional Files • State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chalrman December 5,1996 William Johnston Small Acres Dairy 470 Jeffress Road Fletcher NC 28732 Dear Mr. Johnston: 0 LT?WA a'&"Ja EDEHNR Subject: Operator In Charge Designation Facility: Small Acres Dairy Facility ID ft: 45-7 Henderson County Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an 01C. A training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste management certificates by the Water Pollution Control System Operators Certification Commission (WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain a permanent certification, you will be required to complete ten hours of training and pass an examination by December 31, 1997. A training and certification program for operators of animal waste management systems involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of 1997. The type of training and certification required for the operator of each system will be based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. As the owner of an animal operation with an animal waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed application form for temporary certification as an animal waste management system operator. Both the designation form and the application form must be completed and returned by December 31, 1996. If you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 9191733-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Asheville Regional Office Water Quality Files AW Water Pollution Control system V - Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission rC An Equal Opportunity/Afitrmative Action Employer P.O. Sox 29535 Ralelgh, NC 27626-0535 t: 5096 recycled/ 10% post -consumer paper "y}v�. r }ti �'4t� is•i- N �y . f=� / r""f1 �r{�� "��+yi�•y yti�;� , • t•�;.�S�•=krrL{il y"7 •?• f�j� TIT,- � Kir• � �. �-f yi• �, „ r..,,e aft �,y> ,, , i.i�r�` its �,{ 5 �.,, f (f;t � ►; { tti S S, '.� i� {,�=i t�r`�'�'�, {�f.�l i` � � s t _� � ltislr r.� a �� � ' • .y,', . ;ij{ E t ;'1k ji�r . ,,�s rr �st��' ff I •}}i t , aF ,, ! •'^ i� t` � a .' „ii. � E �F 1 #i -ii ��., i Fi1l�E{{fE;•1 f � i ;'+�f E ��`�;.r}+�ti. t'':: i�:'iSr�iNr; :t •.�;F.; , 11{{ ;fi ' `�� � Oji �iF �'" +.�+.{� �{:+•-Sw ,, . � �Y•-���"i-�6//��-�(-mss �� ��'% IOZI --/Sg /- s'7— Q/ State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W Cobey, Jr., Secretary Regional Manager i Division of Environmental. Management Water Quality Section June 28, 1991. Mr. Billy Johnston Route 1, Box 114 Fletcher, North Carolina 28732 Subject: Proposed Dairy Operation Wastewater Systems Johnston Dairy Henderson County Dear Mr. Johnston: At the request of Mr. Roger Maney, your proposed dairy operation and the means by which wastewaters and feedlot runoff will be controlled. The proposed use of a grassed waterway is acceptable provided no discharge to surface waters will occur. It would be advisable to divert all storm water not coming into contact with the animal or other wastes out of the area. It is understood that the Soil. Consetvation Service did develop a waste management plan involving a lagoon. Since the SCS plans often qualify for cost share .funds it would be advisable to further evaluate the SCS plan and possible include the lagoon project into your proposed grassed waterway system. Should you have any questions or need assistance do not hesitate to contact this office. Sincere.l.y yours, Gary"t. Tweed, P.E. Environmental Engineer Division of Environmental Management GTT XC: Roger Maney InrerchanW Building, 59 Wcx,d(in I'lace Asheville, N.C. 28801 • Telephone 74X-251.6208 An Equal Qpp„rmnity Altirmative Action I:mplovei W� I m a