450007_ENFORCEMENTS_20171231

Np.
laivironinenud Quality
September 26, 2017
CEHILEMID (NAIL
RETURN RECEIPT REQUESTED
70161370 0001 6571 7976
Mr. Mike Corn
Small Acres Dairy
735 Butter Bridge Road
Fletcher, North Carolina 287=3
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S.1AY Z VUM4ERMAN
Director
Subject: NOTICE OF VIOLATION RESPONSE
NOV-2017-PC-0300
NCGS 143-215 et seg. & section 402 of the Clean Water Act
(Small Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Dear Mr, Corn:
On July 28, 2017, the NC' Division of Water Resources (DWR), received your response to NOV-2017-
1'C-0300. Thank you for the information provided. DWR requests that the remaining items be submitted
to our office within 10 business days of receiving this response.
• Violation 1 Provide a copy of your calibration records as noted in your response letter.
+ Violation 2 Provide a copy of the two waste samples as noted in your response letter.
• Violation 3 Provide a copy of your crop yield records as noted in your response letter.
• Violation 4 Provide a copy of the corrected IRR2 form as noted in your response letter.
• Violation 5 Provide photo documentation of corrected marker if possible, otherwise our office
will reschedule a site visit to re -inspect.
In addition to these five (5) violations, the following item should also be addressed:
• Address and correct leachate/solids trap area as outlined in NOV-2016-DV-0269.
;tate of Worth Carolina I Frivironanemal Quality I Water Resources
2090 U.S. highway 7Q, Swattnanoa North Carolina28778
828-2%-4500

14luji 65
Small Acres Dairy Ped , 444ffffff
You are required to take any necessary action to correct the above violation responses and to it
provide the remaining items within'14 business days of receiving this response.42
all,,
Tf you have any questions concerning this response, please contact me at [phone].
Sincerely,
000us�n.a br
7EE17A3d'L9BB4BC...
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County SWCD

w
Water Resources
Environmental Quality
September 26, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70161370 0001 6571 7976
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
ROY COOPER
Governor
MICHAEL S. RECIAN
Secretary
S. JAY ZMv1ERMAN
Director
��jlt COP
Subject: NOOTTCE OF VIOLATION RESPONSE
NOV-2017-PC-0300
NCGS 143-215 et seg. & section 402 of the Clean Water Act
(Small Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Dear Mr. Corn:
On July 28, 2017, the NC Division of Water Resources (DWR), received your response to NOV-2017-
PC-0300. 'Thank you for the information provided. DWR requests that the remaining items be submitted
to our office within 10 business days of receiving this response.
• Violation 1 Provide a copy of your calibration records as noted in your response letter.
• Violation 2 Provide a copy of the two waste samples as noted in your response letter.
• Violation 3 Provide a copy of your crop yield records as noted in your response letter.
• Violation 4 Provide a copy of the corrected IRR2 form as noted in your response letter.
• Violation 5 Provide photo documentation of corrected marker if possible, otherwise our office
will reschedule a site visit to re -inspect.
In addition to these five (5) violations, the following item should also be addressed:
• Address and correct leachate/solids trap area as outlined in NOV-2016-DV-0269.
thht� �urnpar�ec=�-
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70. Swannanm6 North Carolina 28778
828-296-4500

•
Small Acres Dairy Page 2
You are required to take any necessary action to correct the above violation responses and to
provide the remaining items within 10 business days of receiving this response.
If you have any questions concerning this response, please contact me at {828} 296-4500.
Sincerely,
DMUS19nd Ey:
�es��.a3azaeaaec..
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County S WCD

N.C.
Water Resources
f,nvirontnenlul Quality
September 26, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7016 1370 0001 6571 7976
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject; NOTICE OF VIOLATION RESPONSE
NOV-2017-PC-0300
NCGS 143-215 et seg, & section 402 of the Clean Water Act
(Small Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Dear Mr. Corn:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretart,
S. JAY ZIMMERMAN
Director
On July 28, 2017, the NC Division of Water Resources (DWR), received your response to NOV-2017-PC-
0300. Thank you for the information provided. DWR requests that the remaining items be submitted to
our office within 10 business days of receiving this response.
• Violation I Provide a copy of your calibration records as noted in your response letter.
• Violation 2 Provide a copy of the two waste samples as noted in your response letter.
• Violation 3 Provide a copy of your crop yield records as noted in your response letter.
• Violation 4 Provide a copy of the corrected IRR2 form as noted in your response letter.
• Violation 5 Provide photo documentation of corrected marker if possible, otherwise our office
will reschedule a site visit to re -inspect.
In addition to these five (5) violations, the following item should also be addressed:
• Address and correct leachate/solids trap area as outlined in NOV-2016-DV-0269.
-::> nth ft Qn. pams-"-%-�-
Stata of North Carol inu I Fnvironmeriml (;duality I Water Resources
2090 U.S. Highway 70, 5wannunoa, North Carolina 28778
828-296-4500

•
*Small Acres Dairy Page 2
You are required to take any necessary action to correct the above violation responses and to provide
the remaining items within 10 business days of receiving this response.
If you have any questions concerning this response, please contact me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County SWCD

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Water Resources
Environmental Quality
July 26, 2017
CERTIFIED MAIIl
RETURN RECEIPT REQUESTED
70161370 0001 6571 &591
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Corrective Actions NOV-2016-DV-0269
Remaining items as per Agreement Letter dated October 24, 2016 (Attached).
Dear Mr. Corn;
On April 25, 2017, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Small Acres Dairy and the permitted waste disposal system.
We wish to thank Mr. Corn and Mr. Wilson, who was present and assisted during the inspection.
During the inspection, we discussed and observed some of the corrective actions that have taken place on
your farm to correct management practices and improve water quality conditions downstream of your
property in reference to NOV-2016-DV-0269. During the inspection, you provided a detail by Samuel
Bingham dated 10/20/2016. This detail addressed corrective actions for the silage area.
During the end of our inspection we observed waste (solids) in the stream below your facility. You
mentioned that the current design was not implemented because you did not feel it would be operational
and truck traffic would compromise the designed structure. DWR requests this area be addressed by either
installing the current design or providing an approved plan alterative. Please submit the corrective action
alternative and dates for completion for this area to DWR within 30 days of receiving this notice.
1f you have any questions concerning this letter, please contact Tim Pox or me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
4ng 1cmpares ,
State of North Carolina I l:nvirunmental Quality I Water Resources
2090 US. Highway 70, Swannanoa, North Carolina 28778
828.296-4500

cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County SWCD
Asheville Regional Office File

JOHN 13, 4TEVENG
MARC RUDOW
WILLIAM CLA RKr'
VINCENT D. CHILORtISS, JR,
13RKOORY D. HUTCHINS
JACKSON 0. HAMILTON
WYATT S. STEVENS
MARK C. KUROY64.
JACQUELINE D. GRANT
DAVID L. ENGLIOH
F. LACMICOTTE 1"LACH1 ZEMP, JR.
KENNETH R. HUNT
OENNM L. MARTIN, JR.
REOSCCA J. REINHARDT
ANN-PATTON HORNTHAL
'PAC CERTIFIED MEDIATOR
ROBERTS
STEVENS
ATTORNeYa AT LAW
CITY CENTRE BUILDING
aO 1 COLLEGE STREET. SUITE 400 268DI
POST OFFICE BOX 7647
ASHEVILLE, NORTH CAROLINA 86908
YELEI'll ONE{BBSI ESE -SOCIO
FAC 61 MILE Ia 2612136-865a
www.robeft-otevws.com
Writer's Direct Phone: [phone]
Writer's Direct Fax: [phone]
Writer's E-mail: bclarke@roberts-stevens,com
Via E-mail; bev.price�7a ncderir.,-ov
Beverly Price
Environmental Senior Specialist
Asheville Regional Office
2090 U,S, 70 Highway
Swannanoa, NC 28778
October 24, 2016
PHILLIP T. JACKSON
JAMES W. K. WILDE
MARY A. ROBINSON
JOHN D. NOOR
V. MORGAN BRYANT
JILLIAN. W, BALLARD
ERIC P. EDGERTON
JOHN W. TOTH
OR COUNSEL
JAMESW. WILLIAMS
SHERYL H. WILLIAMS
LANDON ROBERTS
110 a I-aO07Y
Via E-mail: landon.davidson@,ncdenr.eov
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
9/23/26
Dear Ms. Price and Mr. Davidson:
This firm represents Mike Corn and Small Acres Dairy, I am responding, on behalf of
Mr. Com and Small Acres to the NOV letter dated September 23rd, 2016. Thank you for
allowing us additional time to respond. Mr. Corn and I met with Sam Bingham, Engineer, a
former employee of the North Carolina Department of Agriculture and now a consultant on
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;
� 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
• Reduce silo leachate.
RAS 17170471
RECEIVED
os wt� w,soutnetn
OCT 2 a 201$
Water Oudly Re0onal Oparda s
Ashavilfe Rsatonal tonal Office

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.
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)
Sincerely,
ROBERTS & STEV NS, P.A.
William Clarke

! 1
NC.
Water Resources
I nvironmental Quality
.Tune 21, 2017
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
7016 1370 0001 65718515
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-20.17-PC-0300
NCGS 143-215 et seg. & section 402 of the Clean Water Act
(Smal l Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Dear Mr. Corn:
ROY COOPER
Gnverrror
MICHAEL S. REGAN
secretary
S. JAY ZIMMERMAN
Director
On April 25, 2017, staff of the NC Division of Water Resources (DWR), inspected the Small Acres Dairy
and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system
pursuant to North Carolina General Statutes (NCGS) 143-215 et seq. and Section 402 of the Clean Water
Act, you have been found to he in violation of your Cattle Waste Management System NPDES General
Permit No. NCA300000 and your Certified Animal Waste Management Plan (CAWM:P) as follows:
Violation 1
Failure to provide calibration records for your waste disposal equipment in accordance with condition
W.12. of Cattle Waste Management System NPDES Gen. Permit No.NCA300000.
Required Corrective Action for Violation I :
Provide calibration records within 30 calendar days of receiving this notice.
-5>'*N0tlh1n0 compares -t-,_
State of North l irolinu I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828.296-4500
0

4
Small Acres Dairy Page 2
Violation 2 :
Failure to obtain a waste analysis for fall 2016 applications in accordance with Condition IV. 9. of the
NPDES Permit No. NCA345007,
Required Corrective Action for Violation 2 : An analysis of the animal waste should be conducted in
accordance with the recommended Jaboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days before or after the date of application.
Violation _3_:
Failure to provide crop yield records in accordance with Condition IV. 20. of the NPDES General Permit
No. NCA3 00000,
Required Corrective Action for Violation -3_:
Fill out Division approved crop yield records and make available for
Violation _4_:
Form IRR2 for 2016 is incorrectly calculated. Failure to properly record land application events in
accordance with condition TVA of the NPDES General Permit No. NCA300000.
Required Corrective Action for Violation -4_:
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_:
Provide freeboard marker within 30 cakudar days of receiving this notice and b ' recQrding ftt&Qard
In addition to these five (5) violations, the following item should also be addressed:
Address and correct leachate/solids trap area as outlined in NOV-2016-DV-0269.
Your facility is currently operating under a National Pollutant Discharge Elimination System (NPDES)
permit. Some changes to make note of from your former General Permit that you should have
documentation for in future inspections or provide to the Division's Central Office are as follows:
• An annual certification report shall be filed with the Division's Central Office by March 1 of each
year for the previous 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 to resolve
noncompliance, and current compliance status of the facility. In addition, the annual report must
certify that all records required by the Permit are available for review during the annual inspection

r r •
*mall Acres Dairy Page 3
performed by the Division. The annual report must be completed on a form provided by the
Division.
• All waste application equipment must be tested at least once per year. The results must be
documented on forms provided by, or approved by, the Division.
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice by July 21, 2017. Please include in'your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
The Clean Water 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 imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited;
or if you believe there are other factors, which should be considered, please send such information to me
in writing within len (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County SWCD

Type of Visit: 'CD Compliance inspection 0 Operation Review O Structure Evaluation Q Technical Assistance
Reason for Visit: Q Routine Q Complaint Q Follow-up Q Referral O Emergency Q Other Q Denied Access
Date of Visit: F-1 71 !! Arrival Time: ;' pi,�, Departure Time: County: JIFF -Ae ti.`2,tt., U;l
Farm Name:
< rl i
Owner Name: Arit' t p ,L;
Mailing Address:
Owner Email:? • r'�; t.f; s
Phone:
Physical Address:
+
Drvision of Water`Resour
:'3�i
FaciLty Number -
``
a 4
hQ Division otgoi and Water Conservation s
L i :
" Title:
4� cJ t ti �- ? _ Phone:
Other Agency
° ? C¢ ?f ,
Wean to Feeder
i
Type of Visit: 'CD Compliance inspection 0 Operation Review O Structure Evaluation Q Technical Assistance
Reason for Visit: Q Routine Q Complaint Q Follow-up Q Referral O Emergency Q Other Q Denied Access
Date of Visit: F-1 71 !! Arrival Time: ;' pi,�, Departure Time: County: JIFF -Ae ti.`2,tt., U;l
Farm Name:
< rl i
Owner Name: Arit' t p ,L;
Mailing Address:
Owner Email:? • r'�; t.f; s
Phone:
Physical Address:
%-•�' }',
'�' r" S
:'3�i
;tit'*� (L
acitY'' Po p -
I
Facility Contact:
L i :
" Title:
4� cJ t ti �- ? _ Phone:
.r'
° ? C¢ ?f ,
Onsite Representative: Integrator:
Certified Operator: , . ., . a fJ Certification Number: 1 c' :� Yj ,
Back-up Operator: Certification Number:
Location of Farm:
Latitude:
-_ rDesign
Current'
Design F Current
.=Ca
Srvme acity
'Pop Wet Poul
acitY'' Po p -
Wean to Finish r
Layer
Wean to Feeder
I iNon-Layer
Feeder to Finish
Farrow to Wean
4
Design 'Current
Farrow to Feeder
Di -y Poultry
: Capacity:p.Po _
Farrow to Finish
Layers
Gilts
Non -Layers
Boars
Pullets
_
Longitude:
?Design Current
Cattle Capacity. Pop. _
Dajg Cow 2-50 q,5n;
Dairy Calf
Dairy Heifer
Dry Cow
Non -Dairy
Beef Stocker
Beef Feeder
Beef Brood Cow
-¢i
P
L"y+ Turkeys
r" Other
Turk
Poults
Other - - Other
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ®Other:
® Yes ❑ No ❑ NA ❑ NE
a. Was the conveyance man-made? ® Yes ❑ No ❑ NA ❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWR) ® Yes [:)No ❑ NA ❑ NE
rte; �tiWq,
c. What is the estimated volume that reached waters of the State (gallons)? a i; :a ti%r i iat.A&4
d. Does the discharge bypass the waste management system? (If yes, notify DWR) ® -Yes ❑ No ❑ NA ❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes Q No ❑ NA E]NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes ® No ❑ NA ❑ NE
of the State other than from a discharge?
Page I of 3 214/2015 Continued

FaciliNumber: 11 1ck5=P4945-) Date of inspection: l.¢ { ! l-�-
a Waste Collection & Treatment '
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes ® No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes [Z,No [-]NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: j -. LA) � � �' � j � }�
Spillway?: 012
Designed Freeboard (in): b ) Cl , t'
Observed Freeboard (in): { .
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes ® No ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a ❑ Yes ® No ❑ NA ❑ NE
waste management or closure plan? `
If any o. questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR
7. Do any of the structures need maintenance or improvement? ❑ Yes © No ❑ NA ❑ NE
8. Do any of the structures lack adequate markers as required by the permit? ® Yes ❑ No ❑ NA ❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
f© Yes ❑ No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
[] Yes 0 No
❑ NA
[] NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below.
❑ Yes ® No
❑ NA
❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to incorporate
ManurelSludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved
Area
12. Crop Type(s): ti t ! l ; i l G? i !� fry _ f_), tom' .
T7 t
1
13. Soil Type(s): t1t,_t� � t' e' P_ '. 61d >Rs- A I
I
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes Q No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes © No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
[] Yes ® No
❑ NA
❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes M No
[] NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes ®4No
❑ NA
❑ NE
Reauired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes r—_1 No [-]NA [:]NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes RNo ❑ NA ❑ NE
the appropriate box.
❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate boy_belq��. / ;._ , [X] Yes [:]No F] NA ❑ NE
® Waste Application ❑ Weekly Freeboard Q Waste AnalAis r ❑ Soil Analysis ❑Was +Transfers ❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to instal] and maintain a rain gauge? ❑ Yes © No ❑ NA ❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ®No [] NA ❑ NE
1.
Page 2 of 3 21412015 Continued

Facility Number: ,:'`` . Date of Inspection: U "7,7
`124. Did the facility fail to calibrate waste application equipment as required by the permit? Yes [] No
25. Is the facility out of compliance with.permit conditions related to sludge? If yes, check E] Yes Yes 0 No
the appropriate box(es) below. `
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
©,Application Field ❑ Lagoon/Storage Pond ❑ Other:
❑ Yes E?].No
❑ Yes ® No
❑ NA ❑ NE
(DNA ❑ NE
❑ NA ❑ NE
❑ NA ❑ NE
❑ Yes ®, No ❑ NA ❑ NE
❑ Yes © No ❑ NA ❑ NE
❑ Yes ®No ❑ NA ❑ NE
Q Yes [] No [DNA ❑ NE
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes
® No
❑ NA
❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative? [-]Yes
Q No
0 NA
❑ NE
34. Does the facility require a follow-up visit by the same agency? 0 Yes
❑ No
[:]NA
❑ NE
s
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Reviewer/Inspector Name: ; ', Phone:
ReviewerAnspector Signature: {I -:T� f � Date: 9:5l�}�J
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Page 3 of 3 y� f % 2/412015

Water Resources ~
Environmental QtWity
June 21, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70161370 0001 65718515
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2017-PC-0300
NCGS 143-215 et seg. & section 402 of the Clean Water Act
.(Small Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Dear Mr. Corn:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretrny
S. ]AY ZIMMERMAN
Director
On April 25, 2017, staff of the NC Division of Water Resources (DWR), inspected the Small Acres Dairy
and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system
pursuant to North Carolina General Statutes (NCGS) 143-215 et seq. and Section 402 of the Clean Water
Act, you have been found to be in violation of your Cattle Waste Management System NPDES General
Permit No. NCA300000 and your Certified Animal Waste Management Plan (CAWMP) as follows:
Violation 1 :
Failure to provide calibration records for your waste disposal equipment in accordance with condition
W.12. of Cattle Waste Management System NPDES Gen. Permit No.NCA300000.
Required Corrective Action for Violation 1 :
Provide calibration records within 30 calendar days of receiving this notice.
Casn.�
State of North Carolina { Enviranrnental Quality I Water Resources
2090 t).s. Highway 70, Swmnanoa, North Carolina 28778
828-296-150D
J

0 • Small Acres Dairy Page 2
Violation 2 :
Failure to obtain a waste analysis for fall 2016 applications in accordance with Condition W. 9. of the
NPDES Permit No. NCA345007.
Required Corrective Action for Violation 2 : An analysis of the animal waste should be conducted in
accordance with the recommended Jaboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days before or after the date of application.
Violation —3—:
Failure to provide crop yield records in accordance with Condition IV. 20. of the NPDES General Permit
No. NCA300000,
Required Corrective Action for Violation _3_:
Fill out Division approved crop yield records and make available for
Violation _4_:
Form 1RR2 for 2016 is incorrectly calculated. Failure to properly record land application events in
accordance with condition IVA of the NPDES General Permit No. NCA300000.
Required Corrective Action for Violation -4_:
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 :
PrQvide e ice and d' ebar
levels.
In addition to these five (5) violations, the following item should also be addressed:
• Address and correct leachate/solids trap area as outlined in NOV-2016-DV-0269.
Your facility is currently operating under a National Pollutant Discharge Elimination System (NPDES)
permit. Some changes to make note of from your former General Permit that you should have
documentation for in future inspections or provide to the Division's Central Office are as follows:
• An annual certification report shall be filed with the Division's Central Office by March 1 of each
year for the previous 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 to resolve
noncompliance, and current compliance status of the facility. In addition, the annual report must
certify that all records required by the Permit are available for review during the annual inspection

•
Osmall Acres Dairy Page 3
performed by the Division. The annual report must be completed on a form provided by the
Division.
• All waste application equipment must be tested at least once per year. The results must be
documented on forms provided by, or approved by, the Division.
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice by July 21, 2017. Please include in your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
The Clean Water Act and 40 CFR Part 122.4 1, 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 imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit.under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County SWCD

Type of Visit: '(D Compliance laspecti-on O Operation Review O Structure Evaluation O Technical Assistance
Reason for Visit: Q Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency O Other O Denied Access
Date of Visit: ; % T7 Arrival Time: IC AmA Departure Time: County:
Farm Name: A i ; 'A ( i, -S- i ? A Q Owner Email:
Owner Name: AA , . F ,'� l Phone: ' a 1 ;- -
Mailing Address: ;1_l. lot_ fes.. (I e'"1 F- l 14
Physical Address: 1- -' �: �'� ". f,. i 1f ; 0
Facility Contact: jj Title: . 4;c 1,-% c c,-Lj NE' _ Phone:
Onsite Representative: Integrator:
ri
Certified Operator: s�' �•f.a, , 1 �. `. , . k P _ �, 31 ; z, 0 lJ Certification Number: 1 C �-! c� !
Back-up Operator: Certification Number:
Location of Farm:
Latitude:
Longitude:
Design .Current Design Current _ V •Design".:Current
, tyPo Cattle' Pop.Poul try CapaiSwuae WetPoP• :aP!p
Wean _ a
to Finish z= La er
Wean io Feeder Non -La er
Feeder to Finish
Farrow to Wean Design Ciirrent
Farrow to Feeder Dry Poultry ' _..Capacity '=Pop
Farrow to Finish
Gilts
Boars
`Other
Other
q .
Discharnes and Stream Imnacts
Dairy Cowi:�
Dairy Calf
Dairy Heifer
Dry Cow
.Non-Datry
Beef Stocker
Beef Feeder
Beef Brood Cow
1. Is any discharge observed from any part of the operation?
® Yes
Diviaon of Water.Resourc`
❑ NA
Facil2ty►Number
Discharge originated at: ❑ Structure ❑ Application Field 0.Other:
DEvision of Soil and Water Conservahou
OtherAgency' "
; •
❑ No
❑ NA
❑ NE
}
Type of Visit: '(D Compliance laspecti-on O Operation Review O Structure Evaluation O Technical Assistance
Reason for Visit: Q Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency O Other O Denied Access
Date of Visit: ; % T7 Arrival Time: IC AmA Departure Time: County:
Farm Name: A i ; 'A ( i, -S- i ? A Q Owner Email:
Owner Name: AA , . F ,'� l Phone: ' a 1 ;- -
Mailing Address: ;1_l. lot_ fes.. (I e'"1 F- l 14
Physical Address: 1- -' �: �'� ". f,. i 1f ; 0
Facility Contact: jj Title: . 4;c 1,-% c c,-Lj NE' _ Phone:
Onsite Representative: Integrator:
ri
Certified Operator: s�' �•f.a, , 1 �. `. , . k P _ �, 31 ; z, 0 lJ Certification Number: 1 C �-! c� !
Back-up Operator: Certification Number:
Location of Farm:
Latitude:
Longitude:
Design .Current Design Current _ V •Design".:Current
, tyPo Cattle' Pop.Poul try CapaiSwuae WetPoP• :aP!p
Wean _ a
to Finish z= La er
Wean io Feeder Non -La er
Feeder to Finish
Farrow to Wean Design Ciirrent
Farrow to Feeder Dry Poultry ' _..Capacity '=Pop
Farrow to Finish
Gilts
Boars
`Other
Other
q .
Discharnes and Stream Imnacts
Dairy Cowi:�
Dairy Calf
Dairy Heifer
Dry Cow
.Non-Datry
Beef Stocker
Beef Feeder
Beef Brood Cow
1. Is any discharge observed from any part of the operation?
® Yes
❑ No
❑ NA
❑ NE
Discharge originated at: ❑ Structure ❑ Application Field 0.Other:
a. Was the conveyance man-made?
© Yes
❑ No
❑ NA
❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWR)
® Yes
❑ No
❑ NA
ONE
c. What is the estimated volume that reached waters of the State (gallons)? n v j t
.." ;j,u ;t; -: e;Y, y� ~ c� 1i;
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
® -Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation?
❑ Yes
Y❑. No
❑ NA
❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
❑ Yes
2No
❑ NA
❑ NE
of the State other than from a discharge?
Page 1 of 3 21412015 Continued

Faclli Number: Lt5q;Ajg4�0 Date of Inspection: �
' ' f
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes Q No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes M.No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in): { ; t !1
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes 0 No ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.) `
6. Are there structures on-site which are not properly addressed and/or managed through a [] Yes © No ❑ NA ❑ NE
waste management or closure plan? '
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR
7. Do any of the structures need maintenance or improvement? ❑ Yes ® No ❑ NA ❑ NE
S. Do any of the structures lack adequate markers as required by the permit? Q Yes ❑ No ❑ NA ❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks) `
9. Does any part of the waste management system other than the waste structures require ® Yes ❑ No ❑ NA D NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes !.' No ❑ NA ❑ NE
maintenance or improvement? '
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes ®+ No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 tbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
%c'
12. Crop Type(s): Lid r,�2 Q 1 N f _ r >' E-,, . 71 s ! _
13. Soil Type(s): 911,A,ot 11a �P 2z",oA I&. .A,tra. S f j,—
tl fX ,�
fr��c_ Gr, ►�.� i
4
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
® No
❑ NA
s
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
® No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
❑ Yes
® No
❑ NA
❑ NE
acres determination?
'
17. Does the facility lack adequate acreage for land application?
0 Yes
i No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
® No
i
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
No
❑ NA
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
'g No
❑ NA
❑ NE
tate appropriate box.
a
❑ WUP ❑Checklists [:]Design ❑ Maps ❑ Lease Agreements ❑ Other:
21 Does record keeping need improvement? If yes, check thea p ro riate bow 1qg.�� L /! ?� j� �� Yes ❑ No ❑ NA [—]NE
Waste Application ❑ Weekly Freeboard ®Waste Analis ❑ Soil Analysis ❑'kaZUrTransfers ❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ® No ❑ NA 0 NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? [:]Yes Q No ❑ NA ❑ NE
Page 2 of 3 2/412015 Continued

T
Faeili Number: ,f - , ; Date of inspection: C4
r
24. IPid the facility fail to calibrate waste application equipment as required by the permit?
p Yes
❑ No ❑ NA ❑ NE
25. Is the facility out of compliance with:permit conditions related to sludge? If yes, check
❑ Yes
R No ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non-compliant sludge levels in any lagoon
List structure(s) and date of fust survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge?
❑ Yes
®No [] NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
❑ Yes
© No ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes
0. No ❑ NA ❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
© No ❑ NA ❑ NE
If yes, contact a regional Air Quality representative immediately.
`
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
❑ Yes
O.No ❑ NA ❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
KYes
❑ No ❑ NA ❑ NE
[B -Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes
® No ❑ NA ❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
❑ Yes
® No ❑ NA ❑ NE
34. Does the facility require a follow-up visit by the same agency?
L&6Yes
[]No ❑ NA ❑ NE
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Reviewer/InspectorName: �v_._! `�_i�,A Arnw_r
Reviewer/Inspector Signature:
Page 3 of 3
Phone: 0 r �
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Date. q t 9-S Id 1'7-
21412015
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.Q *ff--
DM&on of WaW iiesourtM
fzi- I. MAY 1 1 2017
Water Resources :_ Water Quality Regional operations
Environmental Quality I Asheville Regional office
May 2, 2017
CERTIFIED MAIL 7009 2250 0000 80871870
RETURN RECEIPT REQUESTED
Michael Com
Small Acres Dairy
735 Butler Bridge Road
Fletcher, NC 28732
ROY COOPER
Governor
MICHAEL S. REGAN
Secreimy
S. JAY ZIMMERMAN
Director
Subject: NOTICE OF DEFICIENCY (NOD -2017 -PC -0160)
FAILURE TO SUBMIT ANNUAL CERTIFICATION REPORT
Permit No. NCA345007
Small Acres Dairy
Henderson County
Dear Michael Corn:
This Notice of Deficiency is being sent to you for failure to submit the 2016 Annual Certification
Report. One of the requirements of your Animal Waste Management NPDES General Permit is
the submittal of an Annual Certification Report to the Division of Water Resources by March 1St
of each year. As of this date, our records indicate that the 2016 annual certification report has not
been submitted for the subject facility.
Failure to act in accordance with the terms, conditions, or requirements of your permit may result
in a recommendation of enforcement action, in accordance with North Carolina General Statute
§143-215.6A.
Please respond to this Notice of Deficiency within 15 calendar days of the receipt of this letter by
submitting the Annual Certification Report for the year 2016 from your facility to the following
address:
Miressa D. Garoma
Division of Water Quality
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
Nothing in this letter should be taken as relieving from you the responsibility for failing to
submit the annual certification report in a timely manner_ A decision as to the appropriateness of
an enforcement action will be made following the receipt of your response.
-'Noshing Compares-.
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional opvsaous section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

0
,
If you have any question`.�
s regarding 'this letter, please do not hesitate to contact either our
Asheville Regional Office at (828) 2964500 or Miressa D. Garoma at [phone].
Sincerely,
d�' 3, (,JJN
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Asheville Regional Office WQROS
WQROS Central File (Permit No. NCA345007)

ROBERTS
IS-
STEVENS
A]TORNEYs AT LAW
JOHN S.STEVENS
CITY CENTRE BUILDING
MARC RUDOW'
WILLIAM CLARK£
361 COLLEGE STREET. SUITE 400 20901
VINCENT D. CHILDRESS, JR.
POCT OFFICE BOX 7647
GREGORY D. HUTCHtNS
JACKSON D. HAMILTON
ASHEVILLE, NORTH CAROLINA 29802
WYATT S. STE VENS
MARK C. KURDYS•
TELEPHONE [phone] Z -Be OO
JACOUELINE D'GRANT
DAVID L. ENGL$SH
FACSIMILE CO281 258-6055
F. LACHICOTTE 1"LACH"1 ZEMP, JR.
wwwroberts-stw4wis.co„
KENNETH R. HUNT
DENNIS L. MARTIN, JR.
REBECCA J. REINHARDT
Writer's Direct Phone: [phone]
ANN-PATTON HORNTHAL
Writer's Direct Fax: [phone]
'ORC CLRTIIrIEb MEDIATOR Writer's E-mail: [e-mail]
October 24, 2016
Via E-mail: bev.price _ncdenr,gov
Beverly Price
Environmental Senior Specialist
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
PWLL1✓ T. JACKSON
JAMES W. K. WILDE
MARY A. ROBINSON
JOHN O. NOOK
V. MORGAN BRYANT
JILLIAN W. 9A.LLARD
ERIC P. 6DGrQTON
JOHN W, TOTH
O>= COUNSEL
JAMES W. WILLIAMS
SHERYL H. WfLLIAMS
LANDON ROBERTS
11921-20071
Via E-mail: landon. davidson0 t*denr.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
9/13/26
Dear Ms. Price and Mr. Davidson:
This firm represents Mike Corn and Small Acres Dairy, I am responding, on behalf of
Mr. Corn and Small Acres to the NOV letter dated September 23rd, 2016. Thank you for
allowing us additional time to respond, Mr. Corn and I met with Sam Bingham, Engineer, a
former employee of the North Carolina Department of Agriculture and now a consultant on
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:
• 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
• Reduce silo leachate.
R&S 1717047_1
RECEIVED E
a
OCT 2 4 2016
waver OW^ Regional op�i
Asheville Re Tonal Office J

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.
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)
Sincerely,
ROBERTS & STEV NS, P.A.
William Clarke

Water Resources
ENVIRONMENTAL QUALITY
September 23, 2016
CERTIFIED MA1EL 70151520 0003:5463 0899
RETURN RECEIPT REQUESTED
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
• PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: NOTICE OF VIOLATION/NOTICE OF VgTENT TO ENTORCE
NOV-2016-DV-0269
(Small Acres Dairy) Facility No. 450007, NPDES Permit No. NCA345007
Henderson County
Administrative Code 15A NCAC 2T.1 305
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Stream Standard Violation -- Other Waste, Turbidity, floating Solids etc.
Dear Mr. Corn:
1 -M,
On September 9, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted an unannounced inspection of the Small Acres Dairy and the
permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant
to N. C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to
be in violation of your Cattle Waste Management System NPDES General Permit No. NCA300000 and
your Certified Animal Waste Management Plan. Additionally, the discharge of waste has resulted in
violations of applicable North Carolina surface water standards.
Violation 1:
Failure to operate the facility as a non -discharge system and prevent a discharge of waste that reaches
surface water, wetlands, or by other means of conveyance that drains to surface water or wetlands in
accordance with Condition I. 1. of Cattle Waste Management System NPDES General Permit No.
NCA300000.
On September 9, 2016, staff investigated an unnamed tributary (UT) to the French Broad River, which are
Class B waters of the State in the French Broad River basin. The subject UT is located immediately
adjacent to Small Acres Dairy including animal feed and loafing areas, the waste lagoon and irrigation
field. The UT also provides drainage for the upper portion of the operation including silage leachate, food
stock leachate, impermeable surfaces, runoff from animal confinement areas. etc. The UT had a strong
odor and was blackish gray in color. At the time of the investigation water flow in the UT was minimal
and no flow was observed at the terminus of the subsurface culvert. Water in the stream and especially
State of North Carolina I E,aviroameaW Quality { water Resources
2090 U.S. Hwy.70 I Swatrivazwa, North Caroller 28778
9282964500

Small Acres Dairy .
Page 2
is
that located at the pipe terminus was impacted with waste material. The uppermost drop box near the
silage pits is also connected to the stormwater pipe. The drop box contains a pump system that was
installed as part of the February 2013 Plea Agreement between you and the State of North Carolina. This
issue was noted in the cover letter of your 2014 Compliance Inspection. It was stated that "the pump
station 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." Additionally, you were sent a letter dated December 12, 2014, discussing the high levels of
bacteria, ammonia, nitrates and phosphorus in samples collected downstream from your dairy. A
requirement of that letter was for you to hire an environmental consultant to determine the origin of the
contaminants and a plan of action to rectify the problem.
Required Corrective action for Violation 1:
If you have not already done so, discharged waste shall be contained and recovered. Take all action
necessary to abate any damages and to prevent reoccurrence of such discharge event again.
Violation 2:
I. Stream Standard Violation - Other Waste —15A NCAC 02B .0211 (12) The subject UT
contained waste material from the Small Acres dairy. Title 15A North Carolina Administrative
Code 02B .0211 (12) requires that "Oils; deleterious substances; colored or other wastes: only
such amounts as shall not render the waters injurious to public health, secondary recreation or to
aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the
waters for any designated uses;"
H. Stream Standard Violation — Turbidity —15A NCAC 02B .0211 (2 1) -- On September 9, 2016,
DWR collected a water sample from the unnamed tributary of the French Broad River,
immediately downstream of the outfall of the piped stream. The sample was analyzed for
turbidity and the result was 500 NTUs. The stream standard for turbidity is 50 NTUs.
III. Stream Standard Violation — Floating solids, settleable solids, or sludge deposits — 15A
NCAC 0213.0211 (8) — On September 9, 2016, DWR staff observed discolored water and solids
present in the UT downstream of the outfall of the piped stream. The solids appeared to be animal
waste and silage leachate. A sample was collected and analyzed for water quality parameters.
Results indicate 54,000 colony forming units per 100 mL of fecal coliform. Dissolved oxygen
was measured at 0.02 mg/L and BOD measured 300 mg/L.
Required Corrective action for Violation:
If you have not already done so, discharged waste shall be contained and recovered. Take all action
necessary to abate any damages and to prevent reoccurrence of such discharge event again. You should
immediately terminate discharge to the subject stream.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following item 10 days from receipt of this letter:
A copy of the results from the investigation performed by the environmental consultant and the plan
of action to recti the problem.
You are required to provide a written response to this Notice within 10 days from receipt of this
Notice. Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.
As a result of the violation in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violation cited,
or if you believe there are other factors, which should be considered, please send such information to

Small Acres Dairy .
Page 3 0
me in writing within ten (10) days following receipt of this letter. Your response will be reviewed,
and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included
for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.Pursuant to
G.S. 143-215.6A you may be assessed more than $10,000 per day for so long as the violation continues.
If you have any questions concerning this Notice, please contact Beverly Price or me at [phone].
Sincerely,
G- Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DR'R Animal Operations Program
Jonathan Wallin, Henderson County SWCD
Asheville Regional Office File
G:1WRIwQIHendersonlCAFOs1Sma11 Acres Dairy - Mike CornW0V-2016-DV-0269GLDV I .doc

0 Division of Water Resources
Division of Soil and Water Conservation
Other Agency
Facility Number: 450007 Facility Status: Active
Inpsection Type: Compliance Inspection
Reason for visit: Other
Date of visit: 09/092016 Entry Time: 12:35 pm Exit Time
Farm Name: Small Acres Dairy
Owner: Michael R Com
Permit: NCA345007
Inactive Or Closed Date:
E] Denied Access
County: Henderson Region: Asheville
2:30 pm
Incident#
Owner Email:
Phone: [phone]
Matting Address: 735 Buller Bridge Rd Fletcher NC 28732
Physical Address: 1470 Jeffress Rd Mills River NC 28759
Facility Status: ❑ Compliant N Not Compliant Integrator.
Location of Fane: Latitude: 35° 23'50" Longitude: 82° 33' 10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
0 Dischrge 8 Stream Impacts
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Sita Representative(s): Name Title Phone
24 hour contact name Mike Com Phone : [phone]
Primary Inspector: Beverly Price $P Phone: %- ;,q(,- I/sw
Inspector Signature: Date: 9./9.'k%KE
Secondary Inspector(s):
G. Landon Davidson
Inspection Summary:
Bev Price and Landon Davidson conducted an unannounced inspection on 919116. The unnamed tributary adjacent to the
sprayfreld had a strong odor and was blackish in color. There was no active discharge at the time of the inspection; however, it
was obvious that the tributary was impacted from a prior discharge. The discharge appeared to have come from a stomrwater
pipe that is connected to the drop box/sump pump located near the silage pits. The sump pump was designed to pump waste to
the waste holding ponds. According to Mr. Com, during heavy rain events the pump cannot keep up with the amount of
watedwaste entering the drop box and that it discharges to the tributary. The pump system was installed as part of the February
2013 Plea Agreement between Mr. Com and the State of North Carolina.
Samples (BOD, Fecal Coliform, Turbidity) were collected along the tributary. Samples were also collected upstream and
downstream of the confluence of an unnamed tributary to the t=rench Broad River. Stream standard violation for turbidity was
documented.
page: 1

• 0
Permit: NCA345007 Owner - Facility: Michael R Com Facility Number. 450007
Inspection Date: 09/09/16 Inpsection Type: Compliance Inspection Reason for Visit: Other
Waste Structures
Disignated Observed
Type identifier Closed Date Start Date Freeboard Freeboard
Waste Pond LIQUIDS WSP 21.60
Waste Pond SOLIDS WSP 19.50
Discharges & Stream Impacts
res
No Na Ne
1. Is any discharge observed from any part of the operation?
❑
0 ❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
[]
❑ N
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑ N
❑
c. What is the estimated volume that reached waters of the State (gallons)?
Unknown
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
❑ 0
❑
2. Is there evidence of a past discharge from any part of the operation?
0
1111
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
NE -111
State other than from a discharge?
page: 2

Water Resources
ENVIRONMENTAL QUALITY
May 26, 2016
CERTIFIED MAIL - #7015 1520 0000 7838 0056
RETURN RECEIPT REQUESTED
Mr. Michael Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher. North Carolina 28732
Dear Mr. Corn:
PAT MCCRORY
Gowrnor
DONALD R. VAN DER VAART
Secretan-
S- JAY ZIMMERM AN
Virector
REC��VcD! y-
Divt " It Yltaler Resma=
MAY 3 1 2016
Water ouatfty Regional Operations
Ashevifla Regional t?iitce
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 45-0007
Henderson County
Enforcement File No. OV -2016-0002
This letter transmits notice of a civil penalty assessed against Michael Corn in the amount of $3600.00. and
$320.46 in investigative costs, for a total of $3920.46. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice. you must do one of the following:
1. Submit payment of the penalty:
Payment should be inade directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuin�z or ne", violation(s). Please submit payment to the attention of
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
State of North Carolina j invirontnenW Quality I Water Resotmoes
Wafer Qmlity Rrgional Op rations Section
1636 Mail smice Center 1 Raleigh, Notch Carolina 27699-1636
919 807 6764

Assessment of civil penalty
Michael Corn
Enforcement # OV -2016-4002
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contestin, whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the aptin of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and subriiit it to the Division of Water Resources at the address listed below. in determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. "rhe Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Off -ice of Administrative Hearings.

0
Assessment of civil penalty
Michael Corn
Enforcement 4 OV -2016_-0002
Page 3 of 3
•
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties maybe assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-63.0.
Sincerely,
f
Jon Ri aard. Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Landon Davidson, Asheville WQROS Regional Supervisor w/ attachments
File # OV -2016-0002 w/ attachments
WQROS Central Files w/ attachments
Henderson County Health Department

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF
MICHAEL CORN
FOR VIOLATIONS OF CATTLE
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT NCA300000
AND NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. OV -2016-0002
FINDING AND DECISION
} AND ASSESSMENT OF
CIVIL PENALTIES
)
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources (DWR), 1. Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Michael Corn owns and operates the Small Acres Dairy, a dairy operation located along Butler Bridge
Road in Henderson County.
B. Michael Corn was issued Certificate of Coverage NCA345007 by the Division of Water Resources,
under General Permit NCA300000 for Small Acres Dairy on March 26, 2013, effective upon issuance,
with an expiration date of June 30, 2017.
C. Condition III.19. of the General Permit NCA300000 states that "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."
D. Michael Corn has operated the Small Acres Dairy without a certified animal waste management system
operator with a valid certification since January of 2015.
E. Michael Corn signed a Plea Addendum Agreement on February 1, 2013 that required him to relinquish
his AWB certification. Michael Corn requested that his certification be relinquished on January 30,
2013 in anticipation of signing the settlement agreement. Per the agreement, Michael Corn is not
allowed to apply for certification again until February 1, 201 S.
F. Condition 1.3 of General Permit NCA300000 states in part that "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 chanes 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 mod{ ication or a minor niodifrcation (see Section VIII.
Definitions)".

. • r
G. Michael Corn failed to update the CAWMP to reflect the addition of new application fields.
H. Condition IV.9 of General Permit NCA300000 states that `An analysis of the animal waste shall be
conducted in accordance with recommended laboratory sampling procedures as close to the time of
application as practical and at least within sixty (60) days (before or after) of the date of application.
Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as
close to the time of waste application as possible. This analysis shall include the following parameters:
Nitrogen, Zinc, Phosphorus, Copper'.
1. Michael Corn failed to obtain waste analysis in 2015. Due to the failure to obtain the required waste
analysis in 2015, the waste application records for 2015 are not valid since the waste analysis from
2014 was used for the calculations.
Condition IV 20 of General Permit NCA300000 states that "All records required by this permit and the
facility's CAWMP, including but 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 conunercial fertilizer), cropping 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 for inspection. The Permittee shall also furnish complete copies of any
records required by this Permit upon request from the Division or the EPA".
K. Michael Corn failed to provide crop yield records during the January 13, 2016 inspection.
L. A Notice of Violation/Notice of Intent to Enforce letter dated February 3, 2016 was sent via certified
mail and received on February 12, 2016.
M. The cost to the State of the enforcement procedures in this matter totaled $320.46.
Based upon the above Findings of Fact, 1 make the following:
II. CONCLUSIONS OF LAW:
A. Michael Corn is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-
212(4).
B. A permit to operate an animal waste management system is required by N.C.G.S. 143-215.1.
C. The above-cited failure to have a certified Operator In Charge designated for his facility since January
of 2015 violated Condition No. 111. 19. of General Permit NCA300000.
D. The above-cited failure to update the CAWMP to reflect the addition of new application fields violated
Condition I.3 of General Permit NCA300000.
E. The above-cited failure to obtain the required waste analysis in 2015 within sixty days of the date of
application constitutes violation of Condition No. IV.9. of the General Permit NCA300000.

.•
•
F. The above-cited failure to provide crop yield records during the January 13, 2016 inspection, and have
them available during inspections is a violation of Condition No. IV.20. of General Permit NCA300000.
G. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be assessed
against a person who fails to apply for or to secure a permit required by N.C.G.S 143-215.1. nr who
violates or fails to act in accordance with terms, conditions, or requirements of a permit required by
N.C.G.S. 143-215.1.
H. N.C.G.S. 143-215.6A (b) provides that if any failure to act as required by the rules is continuous, a civil
penalty of not more than $ 25,000.00 per violation may be assessed for each day the violation continues.
1. N.C.G.S. 143-215.3(a)(9) provides that the reasonable costs of any investigation, inspection or
monitoring surrey may be assessed against a person who violates any regulations, standards, or
limitations adopted by the Environmental Management Commission or violates any terms or conditions
of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued
pursuant to N.C.G.S. 143-215.2.
The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant
to delegation provided by the Secretary of the Department of Environmental Quality and the Director
of the Division of Water Resources, has the authority to assess civil penalties in this matter.
Based upon the above Findings of fact and Conclusions of Law, I make the following:
>III. DECISIONS
Accordingly, Michael Com is hereby assessed a civil penalty of-
For
fFor violation of Condition No. 111. 19. of General Permit NCA300000 for failing to
designate a Certified Animal Waste System Operator with a valid certification since
January of 2015.
$ 5U0~ For violating Condition 1.3. of General Permit NCA300000 failure to update the
CAWMP to reflect the addition of new application fields and obtain approval from
the Division of Water Resources prior to implementing major changes to the animal
waste management system.
$ touo For violating Condition IV.9. of General Permit NCA300000 for failure to obtain the
required waste analysis in 2015 that are within sixty days of the date of application.
$ 1UU For violating Condition No. IV. 20. of General Permit NCA300000 for failure to
provide crop yield records during the January 13, 2016 inspection, and have them
available during inspections.
$ S W() TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorized by N.C.G.S. 143-2156A.
$320.46 Investigation costs assessed.
$33 y� TOTAL AMOUNT DUE

Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282. I (b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or duality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Michael Corn, in
accordance with N.C.G.S. 143-215.6(A)(d).
Sj2611,6
(Date)
Jon R' card, Chief
Wa Quality Regional Operations Section
Division of Water Resources

• •
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator:
Michael Corn
County:
Henderson
Case Number:
OV -2016-0002
Permit Number:
AWC450007
ASSESSMENT FACTORS
I The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
Unknown ho►tiever, having non -certified individuals land apply animal waste could result in incorrect
application resulting in impacts if not properly applied.
2) The duration and gravity of the violation;
The facility has not had an OIC since Januar" 2015-
3) The effect on ground or surface water quantity or quality or on air quality;
No documented impact on water quality.
4) The cost of rectifying the damage;
No damage has been documented.
5) The amount of money saved by noncompliance;
Unknoxrt however, the costs associated with the employment of an OIC to perform required duties was a
savings
or over a 13 month period. '�.c�c w -&be So ---c a � ois(,,r 4e# Ote i .% Ne"66riwy
&W� , 1,,ciss tKeJ 4. occ.
Cui� i4 �or U ( c S; -0A, �o �- U oao /-+,n- to
b) Whether the violation was committed willfully or intentionally;
The violation was committed willfully as the owner kno►vs the requirement and knew he no longer
employed an OIC.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The facility has received multiple NO Vs and been assessed the.following penalties:
DV -2007-0004 — Illegal discharge to UT, no ivaste application records, ►villft,l discharge to waters of the
State and excessive ponding, no suitable cover crop. etc. - S11.878.23
DV -2010-0044 — Illegal discharge to UT - S16,462.98
October 31. 2011 — plead 10 misdemeanor CRA violation through joint DRQ and NC SBI criminal case.
NOV-2005-PC-0240. N01" -2006-D1=0074. N01,2007 -PC -0849, ATOIZ-2010-DV-0424. N011=2010 -PC -
0202 and ATOP -2016 -OV -0001.
8) The cost to the State of the enforcement procedures.
$320.46
i
Date don�and
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MICHAEL CORN
PERMIT NO. NCA345007
i
DEPARTMENT OF ENVIRONMENTAL QUALITY
} WAIVER OF RIGHT TO AN
} ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
FILE NO. OV -2016-0002
Having been assessed civil penalties totaling $3920.46 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, May 26, 2016, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after thirty (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
, 2016

JUSTIFICATION FOR REMISSION REOIST
APS Case Number: Off' -2016-0002 County: Henderson
Assessed Party: Michael Corn
Permit No.: NCA345007 Amount assessed: $3420.46
Please use this form when requesting remission of this civil penalty. You must also complete the
" Re uest For Remission Waiver o Ri ht to an Administrative Hearinz, and Str ulation o Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B -282.1M were
wrongfully applied to the detriment of the petitioner (the assessment./actors are
included in the attached penaltl- matrix and/or listed in the civil penalt.1 assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e_, explain the steps that you took to correct the violation and prevent
_future occurrences),-
(c)
ccurrences);(c) the violation was inadvertent or a result of an accident (i. e., explain wh'1, the
violation was unavoidable or something you could not prevent or prepare_foi);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty ivill prevent you
Eton ped forniing the activities necessary to achieve compliance).
EXPLANATION:
Wm. req.

�v -7—
Zol
•
3
Water Resources
ENVIRONMENTAL QUALITY
April 7, 2016
CERTIFIED MAIL 7015 1520-0000 7838 0124
RETURN RECEIPT REQUESTED
Michael Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, NC 28732
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Ser retary
S. JAY ZIMMERMAN
director
Divisic.; cl 1. k r iia tC09
f
APR 1 1 2016 r
Water Quaff'..,
Subject: NOTICE OF DEFICIENCY (NOD -2016 -PC -0049)
FAILURE TO SUBMIT AN=NUAL CERTIFICATION REPORT
Permit No. NCA345007
Small Acres Dairy
Henderson County
Dear Michael Corn:
This Notice of Deficiency is being sent to you for failure to submit the 2015 Annual Certification
Report. One of the requirements of your Animal Waste Management NPDES General Permit is
the submittal of an Annual Certification Report to the Division of Water Resources by March 1't -
of each year. As of this date, our records indicate that the 2015 annual certification report has not
been submitted for the subject facility.
Failure to act in accordance with the terms, conditions, or requirements of your permit may result
in a recommendation of enforcement action, in accordance with North Carolina General Statute
§ l 43-215.6A.
Please respond to this Notice of Deficiency within 15 calendar days of the receipt of this letter by
submitting the Annual Certification Report for the year 2015 from your facility to the following
address:
Miressa D. Garoma
Division of Water Quality
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
Nothing in this letter should be taken as relieving from you the responsibility for failing to
submit the annual certification report in a timely manner. A decision as to the appropriateness of
an enforcement action will be made following the receipt of your response.
State of North Carolina I Environmental Quality I Water Resources/Water Quality Regional Operations
1636 Mail smvice Cerner I Raleigh, North Carolina 27699-1636
919 607 6464

If you have any questions regarding this letter, please do not hesitate to contact either our
Asheville Regional Office at [phone] or Miressa D. Garoma at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Asheville Regional Office WQROS
WQROS Central File (Permit No. NCA345007)

13"
JOHN 5.STEVENS
MARC RUDOW'
WILLIAM CLARKE
VINCENT D. CHILDRESS. JR.
MARJORIE ROWE MANN'
GREGORY D. HUTCHINS
JACKSON D. HAMILTON
WYATT S. STEVENS
MARK C. KURDYS'
JACQUELINE 0, GRANT
DAVID L. ENGLISH
F. LACHICOTTE VLACH-1 ZEMP, JR.
KENNETH R. HUNT
DENNIS L. MART474, JR.
REBECCA J. REINHARDT
ANN-PATTON HORNTHAL
•pRC CERTIFIED MEDIATOR
ROBERTS
STEVENS
ATTORNEys AT LAW
BB&T BUILDING
ONE WEST PACK SQUARE, 57E. 1100 26801
POST OFFICE SOX 7647
A5HEVILLE, NORTH CAROLINA 28802
TELEPHONE [phone]Z-6600
FACSIMILE 15281 258-6955
www.roheFt%-stgvwm.com
Writer's Direct Phone: [phone]
W'riter's Direct Fax: [phone]
Writer's E-mail: bctarke ylaberts-stevens.com
March 4, 2016
;ECOVED
an it waw Ri somft
MAN .4 M
Water Ma!}t+r Ret:lcttat OoeraffoM t
F'alO HILI P� JAcIcsKS N
rr: PiT... d. _L�cr�rt�
--==--SYGp H EN
JAMES W. K. WILDE
MARY A. ROBIN50N
JOHN D. NOOR
V. MORGAN BRYANT
JILLIAN W. BALLARD
ERIC P. EDGERTON
JOHN W. TOTH
OF COUNSEL
JOHN W. MASON
JAMES W. WILLIAM5
SHERYL H. WILLIAMS
LANDON ROBERTS
19 21-2 00 7 1
G. Landon Davidson, PG Via Hand Delivery
Regional Supervisor
Water Quality Regional Operations
2090 US 70 Highway
Swannanoa. NC 28778
Re: Notice or Violation / Notice of Intent to Enforce / NOV -2016-0001
Dear Mr. Davidson:
This firm represents Small Acres Dairy and Mike Corn. I am responding on behalf of
Small Acres and Mr. Corn to Violation 1 in your letter dated February 3`d, 2016. Mike Corn will
be communicating directly with you about violations 2-8.
As you are aware, Mike Corn voluntary relinquished his Animal Waste Certification in
2013 as part an agreement with the then Department of Environment and Natural Resources
(11DENR"). Cassidy Price was designated as the operator. Mr. Price was an employee of Small
Acres Dairy. In January 2015, Mr. Price's certification expired when he failed to pay a $10
renewal fee. When Mike Corn became aware of that, he paid to send Blake Donahue to the
Animal Waste Certification School in Iredell County in March 2015. Mr. Donahue finished the
school and was prepared to take the test, (for which Mike Corn had also paid the fee). However.
at some point, Mr. Donahue decided not to take the test due, at least in some part, to concerns
about issues with overzealous enforcement in the agricultural field.
Mr. Corn is planning to send his employee, Jeremy Wilson, to the Animal Waste
Certification School and have him take the certification test as soon as possible. Mr. Corn has
reached out to two currently licensed operators to work with them on a contract basis. Both
operators declined. He will continue to reach out to other operators.
R&S 15773451

•
s
Small Acres Dairy is a longstanding family business in the area. The dairy herd at the
farm dates back more than a hundred years. This is one of the last dairy farms operating in
Henderson County.
Since relinquishing his operator's license in 2013, Mike Corn completed all the
requirements in his agreement with DENR and has operated in substantial compliance with the
law. Mike Corn and Small Acres Dairy are willing to enter into a written agreement regarding
the training and licensure of Jeremy Wilson. Mr. Corn and I are willing to meet with you to
discuss this matter as well. Thank you in advance for your cooperation and assistance. Please
let me know if you have questions.
BC/sh
cc: Mike Corn
R&S 1577345_1
Sincerely,
ROBEI�TS & STEVENS, P.A.
William Clarke

JOHN S. STEVENS
MARC RUDOW'
WILLIAM CLARKS
VINCENT D. CHILDR ESS. JP.
MARJORIE ROWE MANN'
GREGORY O. HUTCHINS
JACKSON O. HAMILTON
WYATT S. STEVENS
MARK C. KUROYS'
JACQUELINE 0. GRANT
OAVID'L_ ENGLISH
C. LACHICOTTE MACH") ZEMP, JR.
KENNETH R. HUNT
OENN 15 L. MARTIN, JR,
RESIECCA J. REINHARDT
ANN-PATTON HORNTHAL
•DRC CERTIFIED MEDIATOR
ROBERTS
STEVENS
ATTORNEY! AT LAW
SO&T BUILDING
ONE WEST PACK SOUARE, STE, 1100 28801
POST OFFICE SOX 7847
A5HEVILLE, NORTH CAROLINA 28802
TELEPHONE IBC63 252 -Oe OO
FAC53MILE 10 261 286-0965
Writer's Direct Phone: [phone]
Writer's Direct Fax: [phone]
Writer's Email. bclarke [e-mail]
March 4, 2016
ECEIVED
1 of WaW Hewett
t(AR - 4 WS
Waterthmrdy Ranlanal Chperafon9
ii5f!eliill'
JAMES W. K. WILOE
MARY A. ROBINSON
JOHN O. NOOK
V. MORGAN BRYANT
JILLIAN W. BALLARD
ERIC P. EDGERTON
JOHN W. TOTH
OF COUNSEL
JOHN W. MASON
JAMES W. WILLIAMS
SHERYL H. WILLIAMS
LANOON ROBERTS
13021-20071
G. Landon Davidson, PG Via Hand Delivery
Regional Supervisor
Water Quality Regional Operations
2090 US 70 Highway
Swannanoa, NC 28778
Re: Notice of Violation / Notice of Intent to Enforce / NOV -2016-0001
Dear Mr. Davidson:
This firm represents Small Acres Dairy and Mike Corn. I am responding on behalf of
Small Acres and Mr. Corn to Violation l in your letter dated February 3'd, 2016. Mike Corn will
be communicating directly with you about violations 2-8.
As you are aware, Mike Corn voluntary relinquished his Animal Waste Certification in
2013 as part an agreement with the . then Department of Environment and Natural Resources
("DENR"). Cassidy Price was designated as the operator. Mr. Price was an employee of Small
Acres Dairy. In January 2015, Mr. Price's certification expired when he failed to pay a $10
renewal fee. When Mike Corn became aware of that, he paid to send Blake Donahue to the
Animal Waste Certification School in Iredell County in March 2015. Mr. Donahue finished the
school and was prepared to take the test, (for which Mike Corn had also paid the fee). However,
at some point, Mr. Donahue decided not to take the test due, at least in some part, to concerns
about issues with ovemealous enforcement in the agricultural field.
Mr. Corn is planning to send his employee, Jeremy Wilson, to the Animal Waste
Certification School and have him take the certification test as soon as possible. Mr. Corn has
reached out to two currently licensed operators to work with them on a contract basis. Both
operators declined. He will continue to reach out to other operators.
RBts 1577345_1

Small Acres Dairy is a longstanding family business in the area. The dairy herd at the
farm dates back more than a hundred years. This is one of the last dairy farms operating in
Henderson County.
Since relinquishing his operator's license in 2013, Mike Corn completed all the
requirements in his agreement with DENR and has operated in substantial compliance with the
law. Mike Corn and Small Acres Dairy are willing to enter into a written agreement regarding
the training and licensure of Jeremy Wilson. Mr. Corn and I are willing to meet with you to
discuss this matter as well. Thank you in advance for your cooperation and assistance. Please
let me know if you have questions.
BClsh
cc: Mike Corn
R&S 1577345_1
Sincerely,
ROBENTS & STEVENS, P.A.
William Clarke

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en
Wates' Resources
ENVIRONMENTAL QUALITY
February 3, 2016
CERTIFIED MAIL
RF,TU-RN RECEIPT REQUESTED
7014 0510 0000 4466 9120
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
; PAT MCCRORY
I L Cmwrwr
DONALD R. VAN DER VAART
5-1-1
S. JAY ZIMMERMAN
Dwwor
Subject: NOTICE OF VIOLATION/NOTICE OF IN'T'ENT TO ENFORCE
NOV-2016-OV-0001
(Small Acres Dairy) Facility No. AWC450007, NPDES Permit No. NCA345007
Henderson County
Dear Mr. Corn:
On January 13, 2016, staff of the NC Division of Water Resources (DWR), inspected the Small Acres Dairy
and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system
pursuant to North Carolina General Statutes (NCGS) 143-215 et seg. and Section 402 of the Clean Water
Act, you have been found to be in violation of your Certified Animal Waste. Management Plan (CAWMP)
as follows:
Violation 1 :
Failure to designate a certified animal waste management system operator with a valid certification in
accordance with Condition M. 19 of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation 1 :
You stated you have not had a Certified Operator in Charge since your OIC left for another job. In order
to continue operating under your general permit, a certified animal waste management system operator with
a valid certification must be designated within 30 days of this Notice. The operator must sign the Division
provided forms where required.
State of North Carolina I Bv.* nnrcatel Qua* I Wator Resaurczs
1611 Mail service Center I Raleigh, North Cvo1ina 27699-1611
919 707 9000

Small Acres Dairy
February 3, 2016
Pago 2 of 4
Violation 2 :
•R•
Failure to obtain a waste analysis for all application events in accordance with Condition N. 9. of the
NPDES Permit No. NCA345007.
Required Corrective Action for Violation 2 : An analysis of the animal waste should be conducted in
accordance with the recommended laboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days before or after the date of application. Due to the failure to
obtain the required waste analysis in 2015, the waste application records for 2015 are not valid since the
waste analysis from 2014 was used for the calculations.
Violation 3
Failure to record 1" rainfalls or greater in accordance with Condition N. 1. of the NPDES Permit No.
NCA345007.
Required Corrective Action for Violation 3 :
1" rainfalls or greater must be recorded on forms approved by the Division and made available for
Violation 4 :
Failure to provide a record of the 120 minute inspections of the application area during each land application
event in accordance with Condition 1V. 4. a. of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation 4 :
All application forms should be properly completed, signed by designated ORC and made available for
Violation 5 :
Failure to update the CAWMP to reflect the addition of new application fields in accordance with
Condition I.3. of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation 5 :
Update the CAWW to reflect all additional application fields and to reflect any fields that are no longer in
use.
Violation 6
Failure to provide crop yield records in accordance with Condition IV. 20. of the NPDES Permit No.
NCA345007.
Required Corrective Action for Violation 6 :
FiII out Division approved crop yield records and matte available for

-'Al Acres Dairy ..
-o nwy 3, 2016
Page 3 of 4
Violation 7 : -
Failure to provide mortality records in accordance with Condition W. 14. of the NPDES Permit No.
NCA345007,
Required Corrective Action for Violation 7 :
Fill out Division approved mortality records and make available for
Violation 8
Failure to dispose of dead animals resulting from normal mortality rates associated with the facility in
accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer
Services Veterinary Division's statutes and regulations in accordance with Condition 1:11. 12. of the
NPDES Permit No. NCA345007.
Required Corrective Action for Violation 8 :
You stated that you are currently "composting" dead cows. That is not an approved method for disposal.
Cows must be disposed of according to approved methods outlined in your CAWMP.
In addition to these eight (8) violations, the following items should be addressed:
• Vegetation, soil, and animal waste impeding the normal flow of the concrete sluice should be
removed to allow waste to properly flow to the waste pond.
• Repair and fill the groundhog hole on waste Pond #2.
• Install a freeboard marker in Pond #I and begin recording freeboard levels.
• The last soils analysis was in 2012. Soils analysis must be performed every three years
• Provide lessee and landowner agreements, as required in the CAWMP, for all new and existing
application fields.
Your facility is currently operating under a National Pollutant Discharge Elimination System (NPDES)
permit. Some changes to make note of from your former General Permit that you should have
documentation for in future inspections or provide to the Division's Central Office are as follows:
• An annual certification report shall be filed with the Division's Central Office by March 1 of each
year for the previous 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 to resolve
noncompliance, and current compliance status of the facility. In addition, the annual report must
certify that all records required by the Permit are available.for review during the annual inspection
performed by the Division. The annual report must be completed on a form provided by the
Division.
• All waste application equipment must be tested at least once per year. The results must be
documented on forms provided by, or approved by, the Division.

Small Acres wiry
Fcbruary 3, 24I6 '
Page 4 of 4
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice by March 4, 2016. Please include in your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
The Clean Water Act and 40 CFR Part 122.4 1, 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 imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County S WCD

® Division of Water Resources
Division of Soil and Water Conservation
Other Agency
Facility Number. 450007 Facility Status: Active
Permit: NCA345007
E] Denied Access
Inpsection Type: Compliance Inspection
Inactive Or Dosed Date:
Reason for Visit: Routine - - T County:
Henderson Region:
Asheville
Date of Visit: 01/13/2016 EntryTime: 10:00 am Exit Time; 11.30 am Incident F
Faun Name: Small Acres Dairy
Owner F_nrail:
Owner. Michael R Corn
Phone:
828-664-0475
117ailing Address: 735 Butter Bridge Rd
Fletcher NC 28732
Physical Address: 1470 Jeffress Rd
Mills River NC 28759
Facifrty Status: Compliant Not Compliant integrator.
Location of Farm: Latitude.
35" 23'5V Longitude:
82° 33' 10"
At the intersection of Jeffress Road and Valley Yew Road ,4 miles south of the Asheville
Airport.
Question Areas:
Discluge & Stream Impacts Waste Col, Stor, & Treat
Waste Application
Records and Documents Other issues
Certified Operator: Operator Certification Number.
Secondary OIC(s):
On -Sibs Representative(s): Name Title Phone
Phone
r
Primary Inspector Edward M Williams Phone:
Inspector Signature: Date:
Secondary tnspector(s):
Inspection Summary:
Items that need immediate attention:
1 -Need to remove vegetation and soil from concrete sluice. Sluice should be mainatained so waste has a free, unobstructed
path to waste pond
2 -Groundhog hole in dam on Pond #2 needs to be filled in and repaired
Records and Documents.
1 -There is currently no Certified Operator in Charge
2 -There is no freeboard marker in Pond #1 and records are not being maintained
3 -No 2015 Waste analysis were obtained
4 -Application records for 2015 are invalid due to using 2014 waste analysis for calculations
5 -No current soils analysis
6 -Waste plan needs to be updated to include all application fields
7 -No records for 1" rainfalls or greater
8-120 minute inspections are not being documented
9 -No crop yield records
page: 1

Waste Pond LIQUIDS WSP 21.60 37,60
Et:e Pond SOLIDS WSP 19.50
page: 2
Permit NCA345007
Owner - Facility:
Michael R Com Facility Number.
450007
°
i
Inspection Date: 01/13/16
Inpsection Type:
Coinplianae Inspection Reason for Visit
Routine
►
Regulated Operations
Cattle
Design Capacity Current promotions
® Cattle - Milk Co.
250
367
Total Design Capacity:
250
Total SSLW:
350,000
Waste Structures
Disignated
Observed
Type
Iden ffler Closed Date Start Date Freeboard
Freeboard
Waste Pond LIQUIDS WSP 21.60 37,60
Et:e Pond SOLIDS WSP 19.50
page: 2

Permit NCA345D07
%V.
Owner - Facility : Michael R Com
U
Facility Number. 450007
Inspection Hate: 01/13/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts
yes No Na No
1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at
If yes, is waste level into structural freeboard?
❑
Structure
❑
■
❑ ❑
Application Field
❑
Heavy metals (Cu, Zn, etc)?
❑
Other
❑
❑
❑
a. Was conveyance man-made?
❑
. ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑ ❑
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
N ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
N ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
Waste Collection Stora - e S Treatment
Yea No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
4. Is storage capacity less than adequate?
❑
❑
❑
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
■
❑ ❑
❑
trees, severe erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
❑
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
❑
❑
waste management or closure plan?
Failure to incorporate manure/sludge into barge soil?
❑
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
0
1111
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑ ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
❑
❑
maintenance or improvement?
Waste Application
Yes NV W-
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑ .
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 tbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into barge soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Water Resources
FHVIRONMENTAL QUALITY
February 3, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7014 0510 0000 4466 9120
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
F Nor— PAT MCCRORY
I L f
Governor
DONALD R. VAN DER VAART
seer u"
S. JAY ZIMMERMAN
Director
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2016-OV-0001
(Small Acres Dairy) Facility No. AWC450007, NPDES Permit No. NCA345007
Henderson County
Dear Mr. Corn:
On January 13, 2016, staff of the NC Division of Water Resources (DWR), inspected the Small Acres Dairy
and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system
pursuant to North Carolina General Statutes (NCGS) 143-215 et seq, and Section 402 of the Clean Water
Act, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP)
as follows:
Violation 1 :
Failure to designate a certified animal waste management system operator with a valid certification in
accordance with Condition III. 19 of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation 1 :
You stated you have not had a Certified Operator in Charge since your OIC left for another job. In order
to continue operating under your general permit, a certified animal waste management system operator with
a valid certification must be designated within 30 days of this Notice. The operator must sign the Division
provided forms where required.
State of Worth Carolina I Environmental Quality j water Rtsoar=
1611 Mao service Cama I Raleigh, Worth Cmntiaa 276W 1611
919 7D7 90(10
-�5z

L
Small Acres Dairy
Fcbruary 3, 2016
Page 2 of 4
Violation 2 :
Failure to obtain a waste analysis for all application events in accordance with Condition IV. 9. of the
NPDES Permit No. NCA345007.
Required Corrective Action for Violation 2 : An analysis of the animal waste should be conducted in
accordance with the recommended laboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days before or after the date of application. Due to the failure to
obtain the required waste analysis in 2015, the waste application records for 2015 are not valid since the
waste analysis from 2014 was used for the calculations.
Violation 3 :
Failure to record I" rainfalls or greater in accordance with Condition IV. 1, of the NPDES Permit No.
NCA345007.
Required Corrective Action for Violation 3 :
1" rainfalls or greater must be recorded on forms approved by the Division and made available for
Violation 4 :
Failure to provide a record of the 120 minute inspections of the application area during each land application
event in accordance with Condition IV. 4. a. of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation 4 :
All application forms should be properly completed, signed by designated ORC and made available for
Violation 5 :
Failure to update the CAWMP to reflect the addition of new application fields in accordance with
Condition I.3. of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation 5 :
Update the CAWMP to reflect all additional application fields and to reflect any fields that are no longer in
use.
Violation 6 :
Failure to provide crop yield records in accordance with Condition IV. 20. of the NPDES Permit No.
NCA345007.
Required Corrective Action for Violation 6 :
Fill out Division approved crop yield records and make available for

Small Acres Dairy . .
February 3, 241 b '
Page 3 of
Violation 7 :
Failure to provide mortality records in accordance with Condition 1V. 14. of the NPDES Permit No.
NCA345007.
Required Corrective Action for Violation 7 :
Fill out Division approved mortality records and make available for
Violation 8 :
Failure to dispose of dead animals resulting from normal mortality rates associated with the facility in
accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer
Services Veterinary Division's statutes and regulations in accordance with Condition Ild. 12. of the
NPDES Permit No. NCA345007.
Required Corrective Action for Violation 8 :
You stated that you are currently "composting" dead cows. That is not an approved method for disposal.
Cows must be disposed of according to approved methods outlined in your CAWMP.
In addition to these eight (8) violations, the following items should be addressed:
• Vegetation, soil, and animal waste impeding the normal flow of the concrete sluice should be
removed to allow waste to properly flow to the waste pond.
• Repair and fill the groundhog hole on waste Pond 42.
• Install a freeboard marker in Pond # l and begin recording freeboard levels.
• The last soils analysis was in 2012. Soils analysis must be performed every three years
• Provide lessee and landowner agreements, as required in the CAWMP, for all new and existing
application fields.
Your facility is currently operating under a National Pollutant Discharge Elimination System (NPDES)
permit. Some changes to make note of from your former General Permit that you should have
documentation for in future inspections or provide to the Division's Central Office are as follows:
• An annual certification report shall be filed with the Division's Central Office by March 1 of each
year for the previous 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 to resolve
noncompliance, and current compliance status of the facility. In addition, the annual report must
certify that all records required by the Permit are available for review during the annual inspection
performed by the Division. The annual report must be completed on a form provided by the
Division.
• All waste application equipment must be tested at least once per year. The results must be
documented on forms provided by, or approved by, the Division.

Small Acres Dairy •
February 3, 2016
Page 4 of 4
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice by March 4, 2016. Please include in your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
The Clean Water Act and 40 CFR Part 122.4 1, 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 imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at (828)2964500.
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County SWCD

Division of Water Resources
Division of Soil and Water Conservation
Other Agency
Facility Number.
450007 Facility Stews:
Active Permit: NCA345007
Denied Access
Inpsection Type:
Compliance Inspection
Inactive Or Closed Date.
Reason for Visit:
Routine
County: Henderson Region:
Asheville
Date of Visit:
01113!2016 Entry Time: 10:00 am
Exit Time: 11:30 am Incident #
Farm Name:
Small Acres Dairy
Owner Email:
Owner.
Michael R Corn
Phone,
1328-684-0475
Mailing Address:
735 Butler Bridge Rd
Fletcher NC 28732
Physical Address:
1470 Jeffress. Rd
Mills River NC 28759
Facility Status:
❑ Compliant Not Compliant
Integrator:
Location of Fame:
latitude: 35'23150" Longitude:
82'33'10'
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport
Question Areas;
Dis&ge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other issues
Certified operator. Operator Certification Number.
Secondary OIG(s):
Onsfts Representative(s): Name Title Phone
Phone :
Prtrnary Inspector. Edward M Williams Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
Items that need immediate attention:
1 -Need to remove vegetation and soil from concrete sluice. Sluice should be mainatained so waste has a free, unobstructed
path to waste pond
2 -Groundhog hole in dam on Pond #2 needs to be filled in and repaired
Records and Documents:
1 -There is currently no Certified Operator in Charge
2 -There is no treeboard marker in Pond #1 and records are not being maintained
3 -No 2015 Waste analysis were obtained
4 -Application records for 2015 are invalid due to using 2014 waste analysis for calculations
5 -No current sols analysis
6 -Waste pian needs to be updated to include all application fields
7 -No records for i" rainfalls or greater
8-120 minute inspections are not being documented
9 -No crop yield records
page: 1

Permit: NCA345007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 01/13/16 lnpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated operations Design Capacity Current promotions
Cattle
FW Cattle - Milk Cow 250 367
Total Design Capacity: 250
Total SSLW: 350,000
Waste Structures Observed
Disignated
Type Identifier Closed Date Start Date Freeboard Freeboard
Waste Pond LIQUIDS WSP 21.60 37.60
Waste Pond SOLIDS WSP 19.50
page: 2

Permit: NCA345007 Owner - Facility: Michael R Cam Facility Number: 450007
Inspection Date: 01/13116 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Dische es S Stream Impacts
Yes No Na Ne
No Na No
1. Is any discharge observed from any part of the operation?
❑
M ❑
❑
Discharge originated at:
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
Structure
[)
N
❑ ❑
Application Field
❑
❑
PAN?
Other
[]
❑
■ ❑
a. Was conveyance man-made?
❑
i ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
M ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
& Do any of the structures lack adequate markers as required by the permit? (Not applicable
E
❑ ❑
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
■ ❑
❑
2_ Is there evidence of a past discharge from any part of the operation?
❑
■ ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
M ❑
❑
State other than from a discharge?
Waste Collection, Storage & Treatment
Yes
No Na No
❑ ❑ ❑
4. Is storage capacity less than adequate?
❑
■ ❑
❑
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
N
❑ ❑
❑
trees, severe erosion, seepage, etc.)?
❑
PAN?
❑
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
■ ❑
❑
waste management or closure plan?
❑
Outside of acceptable crop window?
❑
7. Do any of the structures need maintenance or improvement?
■
❑ ❑
❑
& Do any of the structures lack adequate markers as required by the permit? (Not applicable
E
❑ ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
❑
❑
maintenance or improvement?
Waste Application
Yes No Na Ne
10_ Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ 0 ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%110 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

•
Permit: NCA345007 Owner - Facility : Michael R Corn Facility Number.
450007
Inspection Date: 01/13/16 fnpseetion Type: Compliance Inspection Reason for Visit:
Routine
Waste Application
Yea No Na Ne
Crop Type 1
Fescue (Hay, Pasture)
Crop Type 2
Small Grain (Wheat,
Barley,
oats)
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑ M ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑ 0 ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑ E ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑ ❑
❑
18. is there a lack of properly operating waste application equipment?
❑ ❑
❑ .
Records and Documents
Yea No Na No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
0 ❑ ❑
❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑ ❑
❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
If Other, please specify
Not all application Gelds are
addressed in the WUP
21. Does record keeping need improvement?
■ ❑ ❑
❑
If yes, check the appropriate box below.
Waste Application?
Weekly Freeboard?
❑
Waste Analysis?
Soil analysis?
Waste'Transfers?
❑
Weather code?
Rainfall?
❑
page: 4

Permit: NCA345007 Owner - Facility : Michael R Com Facility Number: 450007
Inspection Date: 01/13/16 Inpsection Type: Compliance Inspection Reason for Visit Routine
Records and Documents
Yes
No Na He
No
Stocking?
❑
❑
❑ ❑
Crop yields?
120 Minute inspections?
❑
E
❑ ❑
Monthly and 1" Rainfall Inspections
Sludge Survey
❑
N
❑ ❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑ ❑
0
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑ M
❑ .
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
E ❑
❑
25. is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
❑ 0
❑
appropriate box(es) below.
❑
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
Noncompliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
26_ Did the facility fail to provide documentation of an actively certified operator in charge?
E
❑ ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ E
❑
Otherlssues
Yea
No Me
No
28. Did the facility fail to property dispose of dead animals within 24 hours and/or document
0
❑
❑ ❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
E
❑ ❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
N
❑ ❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface file drains exist at the facility?
E
❑
❑ ❑
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or ❑ E ❑ ❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss reviewfinspection with on-site representative? ❑ E ❑ ❑
34. Does the facility require a follow-up visit by same agency? ❑ ■ ❑ ❑
page: 5

0
Water Resources
ENWROSMUffAL QUALMY
6
PAT MCCRORY
CitwMar
DONALD R. VAN DER VAART
S-9my
S. JAY ZIMMERMAN
Dirawr
February 3, 2016
CER11MD MAIL
RETURN RECEIPT MUESTED
-7014 0510 01000 4466 9120
Mr. Mike Corn
Small Acres Dairy
735 Butler-Biidge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF ML&TIO /NOTICE OF INTENT TO ENFORCE
NOV-1016-OV-0001
(Small Acres Dairy) Facility No..WC45007,"NPDES 'Permit No. NCA345007
Henderson County
Dear Mr. Corn:
On January 13, 2016, staff of the NC Division of Water Resources (DWR), inspected the,Small Acres Dairy
andAhe permitted waste dis;-p'o- sal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimittation System (NPDES) permit for the 'subject animal waste' disposs!'system
pursuant to North Carolina General StaUfts (NCGS). 143-215 et s4- and Section 402 of the Clean Water
Act, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWNT)
as follows:
Violation 1
Failure to designate a certified animal waste, management system operator with a valid certification in
accordance with Condition 111. 19 of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation1
You stated you have not had a Certified Operator in Charge since your OIC left for another job. In order
to continue operating under your general permit a certified animral waste management system operator with
a, valid certification must be designated within 30 days of this Notice. The operator must sign the Division
provided forms where, required.
state of Nath CaM= I rmvironatentsl Q=* I water R-==
1611 Mm =vioe C== I Rddsh, Norah Cudim 27699-16 It
919 707 90DO
-75e
J
"I
i
3—
A

Small Acres Dairy
February 3, 2016
Palo 2 of 4
Violation 2 :
Failure to obtain a waste analysis for all application events in accordance with Condition IV. 9. of the
NPDES Permit No. NCA345007.
Required Corrective Action for Violation 2 : An analysis of the animal waste should lie conducted Mn
accordance with the recommended laboratory. sampling procedures as close to the time of application as
practical and at least within sixty (60) days before or after the date of application. Due to the failure to
obtain the required waste analysis in 2015, the waste application records for 2015 are not valid since the
waste analysis from 2014 was used for the calculations.
Violation 3
Failure to record 1" rainfalls or greater in accordance with Condition 1V. 1. -of the NPDES Permit No.
NCA345007.
Required_ Corrective Action for Violation 3
1" rainfalls or greater must be recorded on forms approved by the Division and made available for
Violation .4
Failure to provide a record of the 120 minute inspections of the application area during each land application..
event in accordance with Condition IV. 4. a. of the NPDES Permit No. NCA345007. .
Required Corrective Action for Violation 4 :
All application forms_" should be. properly completed,, signed by designated ORC and made available for
inspection.
violation 5
Failure to update the CAWMP to reflect the addition of new application fields in accordance with
Condition I. 3. of the NPDES Permit No. NCA345007.
Required Corrective Action for Violation 5
Update the CAWMP to reflect all additional application fields and to reflect any fields that are no longer in
use.
Violation "6
Failure to provide crop yield -records in accordance with Condition IV. 20. of the NPDES Permit No:
NCA345007.
Required Corrective Action for Violation 6
Fill out Division approved crop yield records and make available for

Al
Pi
small Awes i • •
FsbmAry 3, 2016
Paps 3 of 4
Violation 7
Failure to provide mortality records in accordance with Condition TV.. 14. of the NPDES Permit No.
NCA345007.
Required Corrective Action for Violation 7 :
Fill out Division approved mortality records and make available for
Violation 8
Failure to dispose of dead animals resulting from normal mortality rates associated with the facility in
accordance with the facility's CAWMP and the North Carolina -Department of Agriculture and Consumer
Services Veterinary Division's statutes and regulations in accordance with Condition 1111. 12. of the
NPDES Permit No. NCA345007.
Required Corrective Action for Violation 8 :
You stated that you are currently"composting" dead cows. That is not an approved method for disposal.
Cows must be disvosed of accordine to arivroved methods outlined in your CAWMP.
In addition to these eight (8) violations, the following items should be addressed:
• Vegetation, soil, and animal waste impeding the norinal flow of the concrete sluice should be
removed to allow waste to properly flow to the waste pond.
• Repair and fill the groundhog hole on waste Pond #2.
• Install a freeboard marker in Pond # 1 and begin recording freeboard levels.
• The last soils analysis was in 2012. Soils analysis must be performed every three years
• Provide lessee and landowner agreements, as required in the CAWMP, for all new and existing
application" fields.
Your facility is currently operating under a National Pollutant Discharge Elimination System (NPDES)
pethiit. Some changes to make note of from your former General Permit that you should have -
documentation for in future inspections or provide to the Division's Central Office are as follows:
An annual certification report shall be filed with the Division's Central Office by March 1 of each
year for the previous year's activities. If the facility was not in coinpliance, the annual report must
be used to summarize all noncompliance during the previous year, actions taken to resolve
noncompliance, and current compliance status of the facility: In addition, the annual report must
certify that all records required by the Permit are available.for review during the annual inspection
performed by the Division. The annual report must be completed on a form provided by the
Division.
All waste application equipment must be tested at least once per year. The results must be
documented on forms provided by, or approved by, the Division.

Small Acres Dairy
Fcbnmry 3, 2016
Page 4 of 4
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice by March 4, 2016. Please include in your response all corrective actions already
taken and a schedule for completion of any corrective actions not addressed.
The Clean Water Act and 40 CFR Part 122.4 1, 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 imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is -still deemed appropriate,'it will be forwarded to the Director and included for
consideration.
Failure to comply.with conditions in.a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality, who may issue a civil penalty assessment of not more that twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Superyisor..
Water Quality Regional Operations
Asheville Regional Office
cc: Christine Lawson, DWR Animal Operations Program
Jonathan Wallin, Henderson County S WCD

At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport,
Question Areas:
Dlscluge & Stream Impacts Waste Cot, Stor, & Treat
Waste Application
Records and Documents Other issues
Division of Water Resources
Certified Operator:
Operator Certification Number:
Secondary OIC(sj:
❑ -Division of Soil and Water Conservation
OnStte Representative(s): Marne
Title Phone
Other Agency
Phone:
Prfmary Inspector. Edward M Williams
Faculty Number.
450007 Facility Status: Active
Permit: NC:A345007
[] Derded Acoess
Inpsectlon Type:
Compllanee Inspection
inactive Or Closed Date:
Reason for Visit
Routine County:
Henderson pin:
Asheville
Date of visit
0111312016 p-rdry Thne: 10:00 am Exit Time,. 11:30 am Incident $
Farm fame:
Small Acres Dairy
Owner Email:
Owner.
MlChael R Com
Phone:
$28.684-0475
Mailing Address,
735 But* Bridge Rd
Fletcher NC 28732
P iyaleal Address:
1470 Jeffress Rd
Mills River NC 28759
Faculty Staters:
❑ Compliant Not Compliant Integrator.
Location of Farm:
I atltudo:
35' 23'5(r Longitude:
92'33'1(r
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport,
Question Areas:
Dlscluge & Stream Impacts Waste Cot, Stor, & Treat
Waste Application
Records and Documents Other issues
Certified Operator:
Operator Certification Number:
Secondary OIC(sj:
OnStte Representative(s): Marne
Title Phone
Phone:
Prfmary Inspector. Edward M Williams
Phone:
Inspector Signature:
Date:
Secondary Inspec"s):
Inspection Summary:
Items that need immediate attention:
144eed to remove vegetation and soil from concrete sluice. Sluice should be maintained so waste has a free. unobstructed
path to waste pond
2 -Groundhog hole In dam on Pond #2 needs to be filled in and repaired
Records and Documents:
1 -There Is currently no Certified Operator in Charge
2 -There is no freeboard marker In Pond #1 and records are not being mi lMadned
3 -No 2015 Waste analysis were obtained
4 Applicalion records for 2015 are Invalid due to using 2014 waste analysis for calculations
5-N6 current sods analysts
6 -Waste pian needs to be updated to Include all application fields
7 -No records for 1" rainfalls or greater
8-120 rr Mute irispeciions are.not being documented
9 -No crop yield records
page: 1

Permit: NCA345007
Owner - Facility:
Michael R Corn Facility Number:
450007
Ei
Inspection Date: 01/13/16
Inpsection Type:
Compliance Inspection Reason for Visit
Routine
? ;;
z
Regulated Operations
Design Capacity Currant promotions
f
Cattle
4
Cattle - Milk Cow
250
367
i r
E r;
Total Design Capacity:
250_
Total SSLW.
350,000
t ;`
E
waste Structures
,a
s
Disignated
Observed
Type
Identifier . Closed Date Start Date Freeboard
Freeboard

Permit NCA345Do7 Owner - Facility : Michael R Com - Facility Number: 450007
Inspection Data: 01113116 tnpsscdon Type:, Compliance Inspection Reason for Visit Routine
plschamea_ I StreagZIMMIs
1. Is any discharge observed from any part of the operation?
Discharge originated at:
Structure
Application Field
Other
a. Was conveyance man-made?
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
State other than from a discharge?
Waft Collection. Star ns & Treatmant
4. is storage capacity less than adequate?
If yes, Is waste level.into structural freeboard?
5. Are there any immediate threats to the integrity of any of the structures observed (Lel large
trees, severe erosion, seepage, etc.)?
6. Are there struabares on-site that are not property addressed and/or managed through a
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
8. Do any of the structures lack adequate markers "as required by the permit? (Not applicable
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
maintenance or improvement?.
Wasts Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
maintenance or Improvement?
11. Is there evidence of incorrect application?
If yes, check the appropriate box below.
Excessive Ponding?
Hydrautic Overload?
Frozen Ground?...
Heavy metals (Cu, Zn, etc)?
PAN?
Is PAN i 10%J10 ft.?
Total Phosphorus?
Failure to incorporate manure/sludge Into bare soff7
Outside of acceptable crop window?
Evidence of wind drift?
Application outside of application areal
Yea No Na Ne
❑ M ❑ ❑
❑ M ❑ ❑
❑ M ❑ ❑
❑ ❑ ❑
Yes No Na Nit
■❑❑o
❑ M ❑ ❑
■ 111:1 . El0❑❑❑
❑ M ❑ ❑
Yee No Na Ns
❑M❑❑
❑ M ❑ ❑
page: 3

Permit NCA345007 Owner - Facility: Michael RCom Facility Number.
450007
Inspection Date: 01/13/16 Inlosection Type: Compliance Inspection Reason for Visit:
Roi.06
Waste Application
Yes lionNo
Crop Type I
Fescue (Hay, Pasture)
Crop Type 2
Small Grain (Wheat
601aY.
Oats)
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from'those designated in the Certified Animal Waste
Management'Plan(CAWMP)?
15. Does the receiving crop and/or land application site need Improvement?
❑ 11
El
16. Did the facility fall to secure and/or operate per the irrigation design or wettable acre
detenninab6n?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste appjidabon equipment?
El 's 0-0.
Records and Documents
Yes 62 No -No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
El El
11
20. Does the facility fall to have all components of the CAWMP readily available?
13. N 111:1
If yes, check the appropriate box below.
WLJP?
❑
Checklists?
❑
Design?
El
Maps?
Lease Agreements?
❑
Other?
It Other, please specify
Not afleppkadw nekis are
addressed in the WUP
21. Does record kdeping need Improvement?
If Yes, check the appropriate box below.
Waste Application?
Weekly Freeboard?
❑
Waste Analysis?
Soil analysis?
Waste'Transfers?
El
Weather code?
Rainfall?
❑
page:
4

•
Permit: NCA345007 Owner - Facility: Michael R Com Facility Number:
450007
Inspection Date, 01/13116 Inpsection Type: Compliance Inspection Reason for Visit
Roudne
Records and DGcumants
Stocking?
❑
Crop yields?
120 Minute inspections?
Monthly and 1" Rainfall Inspections
Sludge Survey
❑
22. Did the facility fail to install and maintain a rein gauge?
❑
❑ ❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation egdpment
❑
❑ 0
❑ .
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑
❑
25. is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
❑ N
❑
appropriate box(es) below.
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
Non-compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fait to provide documentation of an actively certified operator in charge?
10,
❑ ❑
❑
27. Did the facility fall to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ ■
❑
Other Issues
you No No No
28. Did the facility fail to property dispose of dead animals within 24 hours and/or document
❑ ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
M ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Pennit?
❑
0 ❑
❑
(i.e., discharge, freaboard problems, over -application)
31. Do subsurface file drains exist at the facility?
❑ ❑
❑
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Q
Other
❑
If Other, please specify
32. Were any additional problems noted which louse non-compliance of the Permit or
❑
M ❑
❑
CAWMP?-
.33. Did the Reviewerllnspector fail to discuss reviewrnspection with on-site representative?
❑
■ ❑
❑
34. Does the facility require a follow-up visit by same agency?
1:1❑
11
page: 6

JOHN S. STEVENS
MARC RUDOW'
WILLIAM CLARKE
VINCENTD. CHILORE95, JA.
MARJORIE ROWE MANN'
GREGORY D. HUTCHINS
JACKSON D. HAMILTON
WYATT $- STEVENS
MARK C. KURDYS'
JACOUELImE p. GRANT
DAVID'L. ENGLISH
F. LACHICOTTE VLACH") ZEMP, JR.
KCNNCTH R. HUNT
OENNIS L. MARTIN, JR,
REBECCA J. REINHARDT
ANN-PATTON HORNTHAL
•URC CERTIFICU MLDIATOR
•
ROBERTS
"TEENS
ATTORNEY& AT LAZY
BB&T BUILDING
ONE WEST PACK SQUARE. STE. 1100 26801
POST OF'F'ICE BOX 7647
ASHEVILLE. NORTH CAROLINA 28802
TELEPHONE I8281 252-6600
FACSIMILE 16201 250.6955
WIMIIILroberumAwwwmewn
Writer's Direct Phone: [phone]
Writer's Direct Fax: [phone]
Writer's E-mail: bclarkeQaroberrs-stevens.com
March 4, 2016
•
Dta„�Raw- UVIN
VAR - 4 WS
water Chfamy Rrttttmni Opemft"
Ashvv;14? rlc: IiOIMT "s4;c � �Ac
JAMES W. K. WILDE
MARY A. ROBINSON
JOHN D. NO OR
V. MORGAN BRYANT
JILLIAN W. BALLARO
ERIC P. EDGERTON
JOHN W. TOTH
OF COUNSEL
JOHN W. MASON
JAMES W. WILLIAMS
SHERYL H. WILLIAMS
LANDON ROBERTS
1102f-24,071
G. Landon Davidson, PG Via Hand Delivery
Regional Supervisor
Water Quality Regional Operations
2090 US 70 Highway
Swannanoa, NC 28778
Re: Notice of Violation / Notice of Intent to Enforce / NOV -2016-0001
Dear Mr. Davidson:
This firm represents Small Acres Dairy and Mike Corn. I am responding on behalf of
Small Acres and Mr. Corn to Violation 1 in your letter dated February P, 2016. Mike Corn will
be communicating directly with you about violations 2-8.
As you are aware, Mike Corn voluntary relinquished his Animal Waste Certification in
2013 as part an agreement with the. then Department of Environment and Natural Resources
("DENR"). Cassidy Price was designated as the operator. Mr. Price was an employee of Small
Acres Dairy. In January 2015, Mr. Price's certification expired when he failed to pay a $10
renewal fee. When Mike Corn became aware of that, he paid to send Blake Donahue to the
Animal Waste Certification School in Iredell County in March 2015. Mr. Donahue finished the
school and was prepared to take the test, (for which Mike Corn had also paid the fee). However,
at some point, Mr. Donahue decided not to take the test due, at least in some part, to concerns
about issues with overzealous enforcement in the agricultural field.
Mr. Corn is planning to send his employee, Jeremy Wilson, to the Animal Waste
Certification School and have him take the certification test as soon as possible. Mr. Corn has
reached out to two currently licensed operators to work with there on a contract basis. Both
operators declined. He will continue to reach out to other operators.
R&5 1577345_1

Small Acres Dairy is a longstanding family business in the area. The dairy herd at the
farm dates back more than a hundred years. This is one of the last dairy farms operating in
Henderson County.
Since relinquishing his operator's license in 2013, Mike Corn completed all the
requirements in his agreement with DENR and has operated in substantial compliance with the
law. Mike Corn and Small Acres Dairy are willing to enter into a written agreement regarding
the training and licensure of Jeremy Wilson. Mr. Corn and I are willing to meet with you to
discuss this matter as well. Thank you in advance for your cooperation and assistance. Please
let me know if you have questions.
BC/sh
cc: Mike Corn
R&S 1577345_1
Sincerely,
ROBENTS & STEVENS, P.A.
William Clarke

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16113 C*,Ax,
NC®ENR
North Carolina Department of Environment and Natural Resources
Water Pollution Control System Operators Certification Commission
Beverly Eaves Perdue Paui E. Rawls Dee Freernar!
Governor Chairman Secretary
Request to Relinquish
Animal Waste Management System Operator Certification(s)
Name (print legibly),
f
Certificate Type(s)
and Number(s)
L the undersigned, hereby relinquish my Animal Waste Management System Operator Certification(s). By
signing this document, I affirm that I have read and understand the following:
] . I must return my Animal Waste Management System Operator Certificates) and this notarized document to the
Water Pollution Control System Operators Certification Commission (WPCSOCC), 1618 Mail Service Center,
Raleigh, N.C. 27699-1618. The relinquishment becomes effective upon the receipt of both documents by the
WPCSOCC.
2, After relinquishment, I may be subject to disciplinary action by the WPCSOCC in the form of a letter of
reprimand for actions or conduct that occurred prior to the relinquishment
3. As outlined in 15A NCAC 8F.0407, 1 may petition the WPCSOCC for recertification after the relinquishment
has been effective for more than 270 days. The petition must include any relevant facts concerning changes to
conditions under which relinquishment occurred. Such facts must show clearly that I will comply with the laws
and regulations coneeming the operation of animal waste management systems.
4. The WPCSOCC may grant or deny my petition for recertification. If granted., I must meet all examination
eligibility requirements as outlined in 15A NCAC 8F .0401 and any additional requirements the WPCSOCC
may impose before submitting an application for examination.
Signature: �"/ il� nate: /-3d -13
Notary Slatemeni:
I, a Notary Public for count o c, a and state of_ D [) R\ 111 L��� t] 1. rx _ do hereby
certify that personally appeared beformsheda3i;l�
and acknowledged the due execution of the foregoing ins mem
Witness my hand and official seal is th �a day of , 20
PUg
Signature of Notary Officer: ZQ UC =V.:
My Commission Expires: v2 O 98CAp Co 10 '
Technical Assistance & Certification Unit
1618 Mail Service Center, Raleigh, NC 27699-1618
Tetephone [phone] Fax [phone]
Internet: htrp:l1portal.ncdenr.oVweblwcVadmWtacu
5.1112G: !
-01]eNOrthCar©lina
Aaturall#

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
STATE OF NORTH CAROLINA
Plaintiff,
V.
MICHAEL R_ CORN
Defendant.
El
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NOS. 11 CR 54950 & 11 CR 54951
PLEA Accw,.w»vtA
GONRIL4�4GE AGREE
With regard to ani settlement of those matters in 11 CR 54950 and 11 CR 54951,
Michael R. Corn and the^North Carolina Depa-4--ant ef-Emvir(nmlralt and N..
" hereby agree as
follows:
General Requirements:
1. Mike Corn / Small Acres Dairy will complete the items herein in a manner satisfactory to
NCDENR within the time frames referenced. Dates will commence on signing of this
Compliance Agreement.
2. Mike Cora will allow NCDENR and DWQ staff reasonable unrestricted access to Small
Acres Dairy (the "Site") during the period of this Compliance Agreement to verify
progress, perform inspections, and collect samples.
3. Required submittals will be sent to the Asheville Regional Office of NCDENR to Ed
Williams, 2090 US Highway 70, Swannanoa, N.C. 28778.
4. Water samples will be collected in accordance with standard environmental sampling
protocol and analyzed by an N.C. certified laboratory.
5. Lack of cost share funds shall not be an excuse for failing to comply with any of the
requirements herein.
6. NCDENR may revise any of the requirements herein to a lesser requirement based upon
future findings, sampling results, etc.
R&S 1024655-1
1
0

Items to he Initiated or Completed Within 90 .days:
Mike Corn will relinquish, voluntarily, effective the date of this Compliance Agreement,
is AWB certification. He will contract with a licensed Operator in Charge: That person
will be in charge of all waste management activities for Small Acres Dairy, including
record keeping and reporting. Cassidy Price is the current operator in charge. Mike Corn
agrees not to apply for re -certification for a period of five years from the date of this
Compliance Agreement.
2. Mike Corn has already installed a fence around the lower level drop box. He is
committed to closing this drop box, pending review by Jeff Young, an engineer with
North Carolina Department of Agriculture.
I A fifteen (15) foot grass filter strip (no mow zone) will be installed along the length of
the property bordering the creek located in the east and southeastern portion of the
property. A similar no mow vegetated strip will be installed and maintained along the
northwestern border of the concrete ditch line.
4. Mike Corn submitted an NPDES Application for Small Acres Dairy to the Raleigh
Central Office of the NCDENR on 10/4/2012. Mr. Corn has already responded to an
additional information request from NCDENR Mr. Corn will respond to additional
information requests within the timeframes indicated by NCDENR or provide NCDENR
with a narrative as to the current status of obtaining the information_
Water Quality sampling locations will be: (i) on the West Side of Jeffress Road in the
stream /ditch below Small Acres Dairy, (ii) on the East side of Jeffress Road where the
stream comes out from the culvert under Jeffress Road, and (iii) approximately 204 yards
downstream. Mike Corn may collect the samples. He will split samples with DWQ /
NCDENR upon request.
b. All buildings are guttered that would drain towards the waste holding pond. The
buildings that are not guttered do not drain to the waste holding pond.
7. Letter reports documenting progress will be submitted quarterly to the Asheville
Regional Office of NCDENR, attn: Ed Williams.
Items to be completed within G months:
Mr. Corn will channel waste from the lower manure storage bin to the waste pond.
Assuming he presents a satisfactory plan for doing so, the requirement to roof this area
will not be part of the Compliance Agreement..
2. Mr. Corn will provide for NCDENR approval, an engineer approved construction
specification for a concrete lined ditch of sufficient depth, width and sidewall height to
R&S 1024855-1

convey wastewater from the upper lot to the holding pond. Ditch needs to be structurally
sound, without cracks that allow vegetation to grow and waste stream to leak.
3- Remove lower concrete drop box (i.e. drop inlet) and re-route water to vegetated fitter
strip. Mr. Com will consult with Jeff Young prior to closing the drop box.
4. Mr. Corn has met with .teff Young to evaluate BMP alternatives to closing the upper drop
box and addressing runoff from the silage -area- Alternatives for routing this waste stream
will be submitted to NCDENR.
In addition to items listed above, it is agreed that:
If Small Acres Dairy is unable to complete any of these items to NCDENRs satisfaction
within the time frames allowed, Mike Corn and Small Acres Dairy will have the option of
closing down the dairy operation. Should Mike Corn choose that option, he will notify
NCDENR, and he shall have 180 days from the date of such notice to shut down the operation.
Should Milce Corn choose that option, it will not constitute a violation of this Compliance
Agreement and will not activate any suspended sentence, provided, however, any such closing
down of the dairy operation shall be done in accordance with applicable law and regulation
AGREED to this l " Day of February, 2013.
-�-� - - ABY'
Michael R. Corn *4
STATE OF NORTH CAROLINA
By:
Attomey for Michael R. Com 40A AV6., 1S ! -�rs
C. rMNqA
R&S 1424555-1

•
•
At'—
NCDE—NR
North Carolina Department of Environment and Natural Resources
Water Pollution Control System Operators Certification Commission
Beverly Eaves Perdue Paul E. Rawls Dee Freeman',
Governor Chairman Secretary
Request to Relinquish
Animal Waste Management System Operator Certification(s)
Name (print legibly)
lel
Certificate Type(s)
and Number(s)
1, the undersigned, hereby relinquish my Animal Waste Management System Operator Certification(s). By
signing this document, I affirm that I have read and understand the following:
] . i must return! my Animal Waste Management System Operator Certificate(s) and this notarized document to the
Water Pollution Control System Operators Certification Commission (WPCSOCC), 1618 Mail Service Center,
Raleigh, N.C. 27699-1618. The relinquishment becomes effective upon the receipt of both documents by the
WPCSOCC.
2. After relinquishment, 1 may be subject to disciplinary action by the WPCSOCC in the form of a letter of
reprimand for actions or conduct that occurred prior to the relinquishment.
3. As outlined in 15A NCAC 8F.0407, I may petition the WPCSOCC for recertification after the relinquishment
has been effective for more than 270 days. The petition must include any relevant facts concerning changes to
conditions under which relinquishment occurred Such facts must show clearly that I will comply with the laws
and regulations concerning the operation of animal waste management systems.
A. The WPCSOCC may grant or deny my petition for recertification. If granted, I must meet all examination
eligibility requirements as outlined in 15A NCAC 8F .0401 and any additional requirements the WPCSOCC
may impose before submitting an application for examination.
Signature: �r��l R (AI= Date:
Notary Statement:
I, a Notary Public for county of -k v and state of —do hereby
certify that personally appeared beforg.e�
and acknowledged the due execution of the foregoing ins meet_
a : NOTARY
Witness my hand and official sea] s th 3 day of , 20
PUg+1C
Signature of Notary Officer -
My
t V '
My Commission Expires: c2 D ��ON COVE
Technical Assistance 8 Certification unit
1618 Mail Service Center, Raleigh.. NC 27699-1618
Telephone [phone] Fax [phone]
Internet: http://portal.ncdenr.cwgfweb/wgladminftacti
s!)v2ot t
NonhC:arotina
Naturally

I WARRANT FOR ARREST t
I CLEAN WATER ACT VIOLATION
ELI THE STATE OF NORTH CAROLINA VS.
Name And Address Of Defendant
MICHAEL RICHARD CORN
FLETCtIER NC 28732
HENDERSON [phone]
W I M i 09/16/1947
19999 j l 143-215.6B(G)
01/29/2010 tltrou h 01/29/2010
Date Of Arrest A Check Dkit No. (As Shown On Fingerprint Card)
. Complainant (Name, Address Or Departmeno
R. M. GREENWAY
STATE BUREAU OF INVESTIGATION DECU
501 INDUSTRIAL AVE
GREENSBORO NC 27406
GUILFORD COUNTY (346Y256-1364
Names d Addnssses Of Wdnasaes {including Counties d ratephone No
J. S. BILLINGS
STATE BUREAU OF INVESTIGATION DECU
501 INDUSTRIAL AVE
GREENSBORO NC 27406
GUILFORD COUNTY [phone]
® Wadomeanor Offanso which rtoqulroe data Issued41 1
Fingerprinting Per Fingerprint Plan
AOC -CR -100, Rev. 4111 (Structured Sentencing)
0 2011 Administrative Office of the Courts
Law t:nromement Case No.
LID No,
Na. I FBI No.
STATE OF NORTH CAROLINA
HENDERSON County In The General Court Of Justice
District Court Division
To any officer with authority and jurisdiction to execute a warrant for arrest for the
offense(s) charged below:
I, the undersigned, End that there is probable cause to believe that on or about the date of offense
shown and in the county named above the defendant named above unlawfully, willfully and
feloniously did MAKE AN OUTLET TO THE WATERS OF THE STATE, TO WIT: BY
INSTRUCTING EMPLOYEES TO DRAPE A BLACK PLASTIC PVC PIPE OVER THE BERM
OF A WASTE RETENTION POND ON THE FARM WHICH CAUSED THE LIQUID WASTE
TO FLOW INTO AN UNNAMED TRIBUTARY OF THE FRENCH BROAD RIVER, WHICH IS
IDENTIFIED BY THE DENR AS A WATER OF THE STATE IN VIOLATION OF NC GEN.
STAT 143-215.6B(G).
This act(s) was in violation of the law(s) referred to in this Warrant. This Warrant is issued upon information
furnished under oath by the complainant listed. You are DIRECTED to arrest the defendant and bring the
defendant before a judicial official without unnecessary delay to answer the charge(s) above.
B S RAY
IN Magiah-ato ❑ Do"CSC
❑ Assistant CSC ❑ Oark Of Supedar"Courf
• - loved ' .. .
ORIGINAL COPY
❑ AM ❑ PM

•
If this Warrant For Arrest is not served within one hundred and eighty
(1 s0) days, It must be returned to the Clerk of Court In the county in which
It was Issued with the reason for the failure of service noted thereon. The
officer must state all ate pa taken by the depertmenl in attempting to
execute the Warrant and any information obtained about the whereabouts
of the defendant.
I certify that this Warrant was received and served as follows:
Date Received Dale SSe/nredi rma Served �M Dale Rerumad
/U '�o //so ❑ PM
lk
WAS NOT served for the following reason:
Char's
that this Warrent was received and served as follows:
*rved Date Served Tina Served ❑ AM Date
❑ PM
restina the defendant and brinaina the defendant batt
Dep. CSC
Assist. CSC
❑ This Warrant WAS NOT served for the following reason:
Name Of Officer (Type
0 1 Department Or Agency
❑ The defendant, In open court, gives notice of appeal to the
Superior Court.
❑ The current pretrial release order is modlfled as follows:
Court Judge
The undersigned defendant, with the consent of hisMer attomay, waives
the right to a probable cause hearing.
Attorney❑ Waived Atlome For Defendant (JAppoinead
�/ll Y
/ V J ❑ Nor kKogent I C <- ❑ Retained Nel[svd;
CONVICTIONS:
PLEA: l�ullty ❑nocontest L44.7 -.Al VERDICT:00ullty ` t 4'� M.CL. ❑A1 ©l M4 -i_]3
❑ guilty ❑ no contest res I 7 ❑ guilty M,CL. ❑A1 ❑ 1 ❑ 2 ❑ 3
❑ guilty ❑ no contest ❑ gullty M.CL. ❑A1 ❑ 1 02 1:13
[3 not guilty ❑ not guilty
JUDGMENT: The defendant appeared In open court and freely, voluntarily and understandingly entered the above plea; on the above
ver ' , It is ORDERED that the de ndant ❑ pay costs and a fine of $
be Imprisoned for a term of days in the custody of ❑ the sheriff. ❑ DOC.' Pretrial credit days served.
❑ Work release ❑ is recommended. ❑ is not recommended. [❑ is ordered. (use than AOC -CR -602)]
❑ The Court finds that a ❑ longer ❑ shorter period of probation, than that which is specified in G.A. 15A 1343.2(d) Is necessary.
12 -,Execution of the sentence is suspended and.the defendant is placed on unsupervised probation` for months, subject to
the following conditions: (1) commit no criminal offense in any jurisdiction. (2) possess no firearm, explosive or other deadly weapon
listed in G.S. 14-269. (3) remain gainfully and sullably employed or faithfully pursue a course of study or of vocational training, that will
equip the defendant for suitable employment, aside >,�it of the institution. (4) satisfy child support and family obligations, as
required by the Court. (5) pay to the Clerk th costs of court an ny additional sums shown below.
rk- I R—flhr!!nn^ �ftnnu.-WPPa rnmmunily Service Fee I nrhar
S ^SCJ Is is
'Name(si, addtess(es). and amowngs) for aggrieved parly(les) to receive teslitu
Of fdan67y (Vkrlrtrs'Resfi7W onyCarNricaaon Of ldenttty (Wttnom AHsndanca). )
❑ 6. complete hours of community service during the first
service coordinator, and pay the fee prescribed by G.S. 143B -262.4(b) within
❑ 7. not be found In or on the premises of the complainant or
❑ 8. not assault, communicate with or be in the presence of the complainant or
0 e. provide a DNA sample pursuant to G.S. 15A-266.4. (AOC -CR -319)
elo. Other: . 1 . — .1
It is ORDERED that this: ❑ Judgment is continued upon payment of costs.
❑ case be consolidated for judgment with
❑ sentence is to run at the expiration of the sentence In
on
days of probation, as directed by the community
days.
COMMITMENT: It is ORDERED that the Clerk deliver two certified copies of this Judgment and Commitment to the sheriff and that the
sheriff cause the defendant to be retained in custody to serve the sentence imposed or until the defendant shall have complied with the
conditions of release pending appeal.
PROBABLE CAUSE: ❑ Probable cause is found as to all Counts except and the defendant Is bound over to Superior
Court for action by the grand jury. ❑ No probable cause Is found as to Counl(s) of this Warrant, and the Count(s) is
dismissed.
or Print)
TTAIN
��
I certify that this Judgment Is a true and complete copy of the original which is an file in this case.
Deputy CSC
Asstsf. CSC M CSC
Tw� iev, 4111 t5tructured Sentencing) 'NOTE: )f O
ve ce of the ourts use

0
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
STATE OF NORTH CAROLINA }
Plaintiff, )
)
v. }
)
MICHAEL R CORN }
)
Defendant. )
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NOS. 11 CR 54950 & 11 CR 54951
f'l.Ea p���puM
A irgCl:rfr "T -
With regard to and in settlement of those matters in I 1 CR 54950 and 11 CR 54951,
Michael R. Corn and theNorth Carolina s
" hereby agree as
follows:
General Requirements:
1. Mike Corn / Small Acres Dairy will complete the items herein in a manner satisfactory to
NCDENR within the time frames referenced. Dates will commence on signing of this
Compliance Agreement.
2. Mike Corn will allow NCDENR and DWQ staff reasonable unrestricted access to Small
Acres Dairy (the "Site") during the period of this Compliance Agreement to verify
progress, perform inspections, and collect samples.
3. Required submittals will be sent to the Asheville Regional Office of NCDENR to Ed
Williams, 2090 US Highway 70, Swannanoa, N.C. 28778.
4. Water samples will be collected in accordance with standard environmental sampling
protocol and analyzed by an N.C. certified laboratory.
5. Lack of cost share funds shall not be an excuse for failing to comply with any of the
requirements herein.
6. NCDENR may revise any of the requirements herein to a lesser requirement based upon
future findings, sampling results, etc.
R&S 1024855-1

Items to be Initiated or Completed Within 90 da s:
Mike Corn will relinquish, voluntarily, effective the date of this Compliance Agreement,
is AWB certification. He will contract with a licensed Operator in Charge. That person
will be in charge of all waste management activities for Small Acres Dairy, including
record keeping and reporting. Cassidy Price is the current operator in charge. Mike Corn
agrees not to apply for re -certification for a period of five years from the date of this
Compliance Agreement.
2. Mike Corn has already installed a fence around the lower level drop box. He is
committed to closing this drop box, pending review by Jeff Young, an engineer with
North Carolina Department of Agriculture.
3. A fifteen (15) foot grass filter strip (no mow zone) will be installed along the length of
the property bordering the creek located in the east and southeastern portion of the
property. A similar no mow vegetated strip will be installed and maintained along the
northwestern border of the concrete ditch line.
4. Mike Corn submitted an NPDES Application for Small Acres Dairy to the Raleigh
Central Office of the NCDENR on 10/4/2012. Mr. Corn has already responded to an
additional information request from NCDENR. Mr. Corn will respond to additional
information requests within the timeframes indicated by NCDENR or provide NCDENR
with a narrative as to the current status of obtaining the information -
Water Quality sampling locations will be: (i) on the West Side of Jeffress Road in the
stream /ditch below Small Acres Dairy, (ii) on the East side of Jeffress Road where the
stream comes out from the culvert under Jeffress Road, and (iii) approximately 200 yards
downstream. Mike Corn may collect the samples. He will split samples with DWQ /
NCDENR upon request.
b. All buildings are guttered that would drain towards the waste holding pond. The
buildings that are not guttered do not drain to the waste holding pond.
7. Letter reports documenting progress will be submitted quarterly to .the Asheville
Regional Office of NCDENR, attn: Ed Williams.
Items to be completed within b months:
Mr. Corn will channel waste from the lower manure storage bin to the waste pond.
Assuming he presents a satisfactory plan for doing so, the requirement to roof this area
will not be part of the Compliance Agreement.
2. Mr. Corn will provide for NCDENR approval, an engineer approved construction
specification for a concrete lined ditch of sufficient depth, width and sidewall height to
R&s 1024855-1

convey wastewater from the upper lot to the holding pond. Ditch needs to be structurally
sound, without cracks that allow vegetation to grow and waste stream to leak.
Remove lower concrete drop box (i.e. drop inlet) and re-route water to vegetated filter
strip. Mr. Corn will consult with Jeff Young prior to closing the drop box.
4. Mr. Corn has met with Jeff Young to evaluate BMP alternatives to closing the upper drop
box and addressing runoff from the silage area. Alternatives for routing this waste stream
will be submitted to NCDENR.
In addition to items listed above, it is agreed that:
If Small Acres Dairy is unable to complete any of these items to NCDENR's satisfaction
within the time frames allowed, Mike Corn and Small Acres Dairy will have the option of
closing down the dairy operation. Should Mike Corn choose that option, he will notify
NCDENR, and he shall have 180 days from the date of such notice to shut down the operation.
Should Mike Cam choose that option, it will not constitute a violation of this Compliance
Agreement and will not activate any suspended sentence, provided, however, any such closing
down of the dairy operation shall be done in accordance with applicable law and regulation
AGREED to this I" Day of February, 2013.
Michael R. Corn
Attorney for Michael R. Corn
G. gV11WqAAP7-
R&S 1024655-1
RON
STATE OF NORTH CAROLINA
oe d lIZFS

•
WARRANT FOR ARREST
I CLEAN WATER ACT V10LAT m
THE STATE OF NORTH CAROLINA VS. I
FLETCHER
-� HENDERSON
19999
M
NC 28732
[phone]
Fate WSW Age
09/16/1947
afvers Lkensa ra. 6 Stals
ft"SO In VtofetlOn Of Ms.
1143-215.6B(G)
011291'2010 through 01/29/2010
Date Of Arrest a Check Alp1t Na. (As Shawn On Prng nt Certj
SCampfahent Name, Address Or Department)
R. M. GREENWAY
STATE BUREAU OF INVESTIGATION DECU
501 INDUSTRIAL AVE
GREENSBORO NC 27406
GUILFORD COUNTY 336 256-1364
Names A Addresses Of VAOmmas pnetuding CounNos A Telephone No
�- J. S. BILLINGS
STATE :BUREAU OF INVESTIGATION DECU
501 INDUSTRIAL AVE
•` GREENSBORO NC 27406
GUILFORD COUNTY [phone]
® Mlitdomeanor Offense Which Raquiras Date ]a 11011
DPingorprinung Per Pingarprint Plan
"1 AOC -CR -100, Rev. 4111 (Structured Sentencing)
0 2011 Administrative Office of the Courts
Law IEnhMament Casa Ata. i LID No.
STATE OF NORTH CAROLINA
HENDERSON County In The General Court Of Justice
rt;s:i< }; kt L'ri District Court Division
To any officer with authority and jurisdiction to execute a warrant for arrest for the
offense(s) charged below:
I, the undersigned, find that there is probable cause to believe that on or about the date of offense
shown and in the county named above the defendant named above unlawfully, willfully and
feloniously did MAKE AN OUTLET TO THE WATERS OF THE STATE, TO WIT: BY
INSTRUCTING EMPLOYEES TO DRAPE A BLACK PLASTIC PVC PIPE OVER THE BERM
OF A WASTE RETENTION POND ON THE FARM WHICH CAUSED THE LIQUID WASTE
TO FLOW INTO AN UNNAMED TRIBUTARY OF THE FRENCH BROAD RIVER, WHICH IS
IDENTIFIED BY THE DENR AS A WATER OF THE STATE IN VIOLATION OF NC GEN.
STAT 143-215,6B(G).
This act(s) was in violation of the law(s) referred to in this Warrant. This Warrant is Issued upon information
furnished under oath by the complainant listed. You are DIRECTED to arrest the defendant and bring the
defendant before a judicial official without unnecessary delay to answer the charge(s) above.
B S' RAY
Magktrale Deputy CSC
Assistant CSC (] Clerk Of Suparkegau►t
ORIGINAL COPY
❑ AM ❑ PM

0
It this Warrent ForArrast Isnot served vAthin one hundred and elghty
(1110) days, it must be returned to the Clark of Court In the county In which
It was Issued with the reason for, the failure of service noted thereon. The
officer must state all steps taken by the department in attempting to
execute the %Movant and any infurmatlon obtained about the whereabouts
of the defendant.
I I certIN.that this .Warrant was received and served as follows; I
Date Received
(4c
/D-,/ o?Gtl' I !!So
served
U PMI
ging the defendant bi
the.following reason:
Of OtBcer (Typa Or Prfn
's Asa r( *F- /
ire Dog cac
Aaarat CSC
elsfdctAft toy 0W46AftomeyForDatendant ❑AppoMind PRIOR CONVICTIONS:
❑ N& rncrpanr I CK ❑ Ralsrestl ►roA.": t ❑ tr i� _ _ ❑ m sr
PLEA: 12oulity ❑ no contest VERDICT: 00ullty M.CL. ❑At ©t MtT33
❑ guilty ❑ no contest QVI ❑ guilty M.CL. ❑A1 ❑ 1 112 ❑ 3
❑ guilty ❑ no contest ❑ gullty M.CL. ❑A1 ❑ 1 ❑ 2 Cl 3
p not guilty p not guilty
JUPOMENT:, The,defendent appeared In open court and freely,'voluntarily and'understandingly entered'the above plea; on the above
ve , It Is ORDERED that the de n ant: p pay.costs and a Ong of $
be Imprisoned for a term or days in the oustody of ❑ the sheft. ❑ DOC' Pretrial credit days served.
❑ Work release, ❑is recommended. p 1s not recommended. (❑ is -ordered. (use fort AOC.CR-602))
❑ The Court finds that a ❑ longer ❑ shorter period of probation, than that which Is specified In G.A. ISA11343,2(d) is necessary.
,[execution of the sentence is suspended and the defendant Is placed on,unsupervised probation' for .� months, subject to
the following conditions: (1) commit no criminal offense In arty Jurisdiction. (2) -possess no firearm, exploshra:or other deadly weapon
listed In G.S. 14-209. (3) remain gainfully and suitably employed or -faithfully pursue a course of -study or of vocational training, that will
equip the defendant for suitable employment, a of the institution, (4) satisfy child support and family obligations, as
required by the Court. (5) pay to the Cleric th costs of court an ny additional sums ahown.below.
I tcerlifv that this Warrant was received and served as follows: 1
PM
❑ This Warrent WAS NOT served for the following reason:
on
Of
❑ S. complete hours of community service during the first days of probation, as directed by the community
service coordinator, and pay the to prescribed by G:S, 1438-262,4(b) within days.
❑ 7. not be found in or on the premises of the complainant or
❑ 8. not assault, communicate with or be in the prasenca of the complainant or
❑ 9. provide a DNA sample pursuant to O.S. 15A-200.4. (AOC -CR -318)
Z110. Other. 1 ^ _---1
. Department Or Agency Of Ofter
It Is ORDERED that this: ❑ Judgment is continued upon payment of costs.
APPEAL ENTRIES ►�' 'ri ❑ case be consolidated for Judgment with
❑ The defendant, In open tour, gives notice of appeal to the ❑ sentence is to run at the expiration of the sentence In
Superior Court Q COMMITMENT: It is ORDERED that the Clerk deliver 1 a certified copies of this Judgment and Commitment to the sheriff and that the
❑ The current pretrial release order Is modified as follows: sheriff cause the defendant to be retained In custody to serve the -sentence Imposed or until the defendant shall have compiled with the
conditions of release pending appeal.
,pate Signature Of District Court Judge PROBABLE CAUSE: ❑ Probable cause is found as to all Counte except and the defendant Is bound over to Superior
Court for action by the grand Jury. ❑ No probable cause is found as to Counts)of this Warrant; and the Counts) is
dismissed.
NMI WAIVER OFPROBABLECAUSEHEAF21 G Date Name Of District Court Judge (rype Or Pdnt) SlgnalureOfDis a
The undersigned defendant; with the consoht of hisfher attorney, valvae
the fl ht to a probable use hearing, Its MACK ORMAIN
nate 1Mrived a Lre a art CERTIfICATION
I tbrtlfy that this Judgment Is.a true and complete copy of the original which Is on file Inahis case.
Signature OfAlhrmey Date ate baimmd ro Shedff Signaturs
❑ Deputy CSC
❑ Assist CSC CSC
QOC•C00, Sgj Two. Rev. 4111 TtruCtured Sentencing) use -342 a cr 410 probe s ve sentence ,ilea au Probation,
Q2011 minis Iva Office of the ourrttee usa AbGCR-804,

0 ArlicWA 0
�WIK
MCDR
North Carolina Department of Environment and Natural Resources
Beverly laves perdue
Govemor
Division of Water Quality
Cohn , i. Sullins
Director
June 7. 2011
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Ridee Road
Fletcher_ North Carolina 2873?
RE: Payment Schedule for Civil Penalt ,
Case DV -2010-0044
Farm # 45-0007
Henderson County
Dear Mr. Corn:
Des f=reeman
Secretary
0 9 20i it %
l Asheville Regional Office
- 1j _0_ Protectlan
This letter is to acknowledge receipt of your Check Number 7555 in the amount of
52.000.00 on June 3, 2011. Your next payment of 51,000.00 should be made payable to DWQ
before August I, 2011. The total balance of the penalty is 53,462.98.
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) 71-6697.
Sincerely;
A a
Miressa D. Garoma
Animal Feeding Operations Unit
cc: APS -Asheville Remonal-4ffi-�O
File # DV -2010-0044
APS Central Files (AWS450007)
10-1 Mail Service Cenier, Pai=.-I. Nonn :-aroina 27659-131
i ocajon: 5 i % K. 5aiisbuw St. Rama . Na -,h iarolina 276G4 Ont
?none; 919 8G7 -530D i s fiY:9?9 0� ,6452 sip rvic i n7 62 a7 E N c) r Ch Carolina
in:eN:vnnnv.n uaterouaky.o . _ q
F

A4 0
NMENit
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Govemor Director Secretary
April 25, 2011
Mi. Michael R. Corn
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
RE: Payment Schedule for Civil Penalty
Case DV -2010-0044
Farm 4 45-0007
Henderson County
Dear Mr. Corn:
This letter is to acknowledge receipt of your Check NumW67g1 in the amo of
$2,000.00 on April 25, 2011. Your next payment of $1,000.00 shou`ld made able to DWQ
\
before July 1, 2011. The total balance of the penalty is $5,462.98.
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 [phone].
Sincerely,
Keith Larick
Animal Feeding Operations Unit
cc: APS -Asheville Regional Office
File # DV -2010-0044
APS Central Files (AWS450007)
1617 Mail Service Center, Rat4h, North Carolina 276991617
Location: 512 N. Salisbury 5t Raleigh, North Carolina 27604 Oe
Phone: 9IM07-63Q01 FAX, 91M07.64921 Customer Servioe: 1-877ii23-6748 NorthCarolina
Internet srmw.nnrraterqua€rty.org Naturally
�'}n,���� //ll- J
An Equal Opportunity l AfarmaIIre Action Employer f� �/ii

0-q (Idt-> I I
NCDEMR
North Caroiira Department of Environmen' aad_Naixa R
Division o. Wate�Quality; - t irD
13everiv'aves Perdue Coleen H. Sullins Dee reeman
,-70vemor Director � R 2 5 �� i� Seoreiary
March 24. 2011 :ash=' l' nt� g -tonal Olicej
Mr. Michael R. Corn_
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
RE: Payment Schedule for Civil Penalty
Case DV -2010-0044
Farm n 45-0007
Henderson County
Dear Mr. Corn:
This letter is to acknowledge receipt of your Check Number 7478 -in the amount of
S 1.000.00 on March 18. 2011. Your next payment of S1 .000.00 should be made payable to
DWQ before May 1, 2011. The total balance of the penalty is 57,462.98.
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 [phone].
Sincerely,
-d Zf
Reith Larick
Animal Feeding Operations Unit
cc: APS -Asheville Regional Office
File # DV -7010-0044
APS Central Files (AWS450007)
1.317 h4ai' Seem Ceme,. R lem , No; tl Carpiina 2769P-1,3,1-,
ouauar.: 512 N1. Saiis%-y 5:Kal�igt% Novi Carolina 27604 (}�y� t� (` ] 1 y Y
?non_: aid+ -B -63W� F` .Y.') 1 3-1,Ui'b4'9- 1.;-usiomai Se vlGe: i -E ii Q')3 -414E. + `O1 th L.�w,-oi1ii
inlem-e:: WV.'l4'.i1ZJoi�iU:lSliSj'.GFy
N6i to L�rE /T i! i'`liF

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 8, 2011
CERTIFIED NLAIL 7009 1680 0000 7514 8482
RETURN RECEIPT REQUESTED
Mr. Mike Corn
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: ]!NOTICE OF INTENT
Small Acres Dairy No. AWC450007, Permit No. AWG200000
Henderson County
Dear Mr. Corn:
Dee Freeman
Secretary
As a requirement of the Notice of Violation NOV-2010-DV-0424 sent to you on January 7, 2011, staff from the NC
Division of Water Quality Aquifer Protection Section (APS), the NC Division of Soil and Water, and the
Henderson County Soil and Water Conservation District met with you at the Small Acres Dairy to look over the
facility and discuss options to bring your dairy farm into compliance. This letter is to advise you that this office
is considering enforcement action for violations cited in the NOV.
As a result of the February 24`h meeting, the following actions are required (refer to attached aerial photo):
1. Repair concrete flume leading from the upper stall area to the waste pond. Erosion has occurred
undermining the concrete flume, which has caused the flume to crack and collapse allowing waste to flow
out of the flume and into the adjacent creek. Flume should be capable of conveying waste without any
discharge to surface water (creek);
Manure pit is to be covered and rain gutters installed that discharge directly to creek without contact with
waste;
3. Remove lower concrete drop -box and re-route water to vegetated filter strip. An alternative is to
completely remove all animal activity in this denuded area and seed with a permanent cover crop (as it was
originally designed and used). Verify that upper drop -box in this area (nearest manure pit) is adequately
constructed to prevent runoff from directly entering it and ultimately discharging: to surface water;
4. Address the uppermost drop -box (near sileage storage area) which receives waste running off the concrete
pad near the silo as well as sileage leachate. Waste should not enter drop -box since this drains to the creek;
AQUIFER PROTECTION SECTION — Asheville Regional Office (ARO)
2090 U.S. 70 Hgf way, Swannanoa, NC 2877H211
Phone: a28 -296.45U01 FAX : [phone]
Customer Service: 1-877-623-6748
Internet www.nmtergaarrty.ory
An Equal fl?Porturdy 1 Affirmative Action Er gioyer
NorthCarolina
Aaturally

Small Acres
Page 2 of 2
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5. Install gutters on buildings and route the rain water to the creek. Route any existing gutters to the creek.
Water running off roofs should not be allowed to run over the ground and mix with animal waste or sileage
leachate;
6. Maintain required freeboard levels in the waste ponds. Report to this office immediately if levels go
beyond permitted freeboard.
Please consult with Jeff Young, NC Division of Soil and Water for technical assistance in performing facility
improvements.
As we discussed in our meeting, you have recently received a letter from the DWQ Central Office requiring you to
apply for an NPDES (National Pollutant Discharge Elimination System) Permit. This is a result of the direct
discharges originating from your operation (the two drop -boxes, concrete flume, and the willful discharges via
siphon pipe from waste pond). You are required to apply for the NPDES Permit within 90 days of receiving the
letter. Attached you will find information regarding this required permit.
You are required to respond to this Notice within 30 days of receipt, outlining plans and a timetable for which the
required improvements will take place. Please note that the stated requirements are independent of your ability to
secure cost -share funding.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at (828) 2964500.
Sincerely,
G. Landon Davidson, L.G.
Aquifer Protection Supervisor
Attachments : Aerial photo
NPDES guidance
M Keith Larick CAFO Unit
O APS=Fil
Jonathan Wallin, Henderson County Soil and Water District
Jeff Young
Judy S. Billings, Environmental Crimes Unit, State Bureau of Investigation

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Laves Perdue Coleen H. Sullins
eE reeman
Governor Director Secretary
February 2, 2011
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
RE: Pavment Schedule for Civil Penalty
Case DV -2010-0044
Farm 4 45-0007
Henderson County
Dear Mr. Corn:
RECEIVED
FLB 03 26 it
Asheville Regional Office
�1rt,�fa�r Pio?n�t�or
This letter is to acknowledge receipt of your Check Number 7359 in the amount of
51000.00 on January 31. 2011. Your neat payment of 51000.00 should be made payable to
DWQ before April 1, 2011. The total balance of the penalty is $846298.
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 [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Unit
cd: APS-.Ashe�rille_ReaionalOffice
File # DV -2010-0044
APS Central Files (AWS450007)
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North Carolina Department of Environment and Natural Resources
Division of Water Quality ;gahzw-Alo i10,Gional Office
Beveriv Eaves Perdue Caleen l-!. Sullins
Governor Director Secretary
January 24, 3011
Mr. Michael R. Com
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 38733
RE: Payment Schedule for Civil Penaln,
Case DV -2010-0044
Farm r 45-0007
Henderson County
Dear Mr. Corn:
This letter is to acknowledge receipt of your Check Number 7339 in the amount of
S 1000.00 on January 20, 201 1. Your next payment of 51000.00 should be made payable to
DWQ before March 1, 3011. The total balance of the penalty is 59462.98.
Payment of this penalty does not preclude further action by this Division for violations of
the State's environmental laves. If you have any questions, please call me at [phone].
Sincerely.
Miressa D. Garoma
Animal Feeding Operations Unit
cc: APS -Asheville Re--ional Office
File r DV -2010-0044
APS Central Files (AWS450007)
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves perdue Coleen H. Sullins Dee Freeman
Govemor Director Secretary
January 7, 2011
CERTIFIED MAIL 70091680 0000 7514 8253
RETURN RECEIPT REQUESTED
Mr. Mike Corn
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
NOV-2010-DV-0424
Administrative Code 15A NCAC 2T. 1304
NCGS 143-215.1
Small Acres Dairy No. AWC450007, Permit No. AWG200000
Henderson County
Dear Mr. Corn:
On December 16, 2010, staff of the NC Division of Water Qual ity (DWQ), Aquifer Protection Section (APS),
inspected the Small Acres Dairy and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation #1:
Failure to prevent a discharge except in accordance with the permit.(Permit No.AWG200000 Section 1.1 .)
On 12116/2010 APS Staff observed an unpermitted discharge from your facility and denuded lot. The wastewater
was discharging to an unnamed tributary to the French Broad River.
Violation #2:
Violation of water quality standards: (Permit No.AWG00000 Section 1.2.)
On 12/16/2010 APS Staff collected stream turbidity samples from an unnamed tributary to the French Broad River
upstream and downstream of the Small Acres Dairy. Upstream Sample — 2 NTU's Downstream Sample — 360
NTV's Water quality standard for Class "C" waters v 2.5 NTU's
AQUIFER PROTECTION SECTION -Asheville Regional Office (ARO)
2090 U.S. 70 Highway. Swannanoa, NC 28718211
Phone: 828-296,450[11 FAX: [phone] nI CL1t� 7 .,
Customer Senlim l$n-623-6748 NOCa Olilia
Irt: www.n�:emvar�vo� Naturally Equal Opportunity 4 Affirmative Action Employer

Small Acres Dairy
2 of 5
Required Corrective Action for Violation 91 & #2:
You should consult with a technical specialist on how to eliminate runoff from your facility. Steps taken may
include BMP's that eliminate runoff from the denuded lot into the storm drain drop -box and guttering of roofed
structures. The steps could include but are not limited to modification of your Certified Animal Waste
Management Plan.
Violation #3:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal
Waste Management Plan. (Permit No. AWG00000 Section V.2.)
On 1211612010 the storage pond level was documented at 14 inches of freeboard at the liquids waste pond.
A level of 21.6 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation #3:
Continue to follow the proposed actions outlined in your Plan of Action (POA). Take all necessary additional steps
to insure lagoon levels remain in compliance with Section V.2 of your permit. Upgrades to your facility, including
guttering roofs, may be needed in order to separate rainwater from wastewater.
Violation #4:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit No.
AWG00000 Section III. 13c.)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality
has no record of receiving the 24-hour notification and/or the 5 day written report.
Required Corrective Action for Violation #4:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance
with your permit.
Violation #5:
Failure to divert uncontaminated runoff (runoff from property and building roofs) away from the waste storage
structure (Permit No. AWG00000 Section 11. 11.)
Required Corrective Action for Violation #5:
Roof guttering and other facility upgrades may be required. Contact a technical specialist.

Small Acres Dairy
3 of S
Violation #6:
Failure to apply animal waste in accordance with your permit and Certified Animal Waste Management Plan:
(Permit No. AWG00000 Section II. 21. )
On December 16, 2010, APS Staff f "witnessed the application of animal waste over snow-covered ground.
Required Corrective action for Violation # b:
The Division of Water Quality requests that you please submit the following items with your response to this
Notice of Violation
1. Copies of all the pumping records, waste pond levels, rainfall records and waste analyses for this farm
from January 1, 2010 to the present along with a copy ofyour CA WW.
2. An explanation from the OIC for this farm regarding how this violation occurred
3. A list from the OIC concerning the steps that will he taken to prevent this violation from occurring in the
Violation #7:
Failure to apply for and obtain a new Certificate of Coverage (Permit No. AWG200000 Section V.10.)
You are operating under an expired permit. Your General Permit AWG200000 expired September 30, 2009.
Required Corrective Action for Violation #7:
Submit the permit renewal application that was mailed to you.
Violation #8:
Failure to calibrate waste application equipment in accordance with permit (Permit No. AW6200000 Section
11.24.)
Required Corrective Action for Violation #8:
Calibrate waste application equipment in accordance with your
The following are your prior violations and civil penalty assessments:
September 24, 2004 — DWQ issues Notice of Violation/Notice of Intent for illegal discharge and permit
conditions violations. This violation was for intentionally placing siphoning pipes in your waste pond to
bypass the waste management system and discharge waste to waters of the State.

Small Acres Dairy
4 of 5
February 24, 2005 — Assessment of Civil Penalties for Making an Outlet to Waters of the State and Permit
Conditions Violations. File No. DV 04-018
October 27, 2005 -- DWQ issues Notice of Violation for failure to provide required records and
documentation.
December 13, 2006 — DWQ issues Notice of Violation/Notice of Intent for illegal discharge and permit
conditions violation. File No. NOV-2006-DV-0074 This violation was for intentionally placing hay bales
along a waste stream to divert waste into surface waters, thereby bypassing your waste management
system.
May 18, 2007 -Assessment of Civil Penalties for Making an Outlet to Waters of the State and Permit
Conditions Violations. File No. DV -2007-0004
December 28, 2007 -- DWQ issues Notice of Violation for records deficiency and failure to address and
correct problems noted in the December, 2006 Notice of Violation
March 18, 2010 — DWQ issues Notice of Violation/Notice of Intent for illegal discharge and permit
conditions violation. File No. NOV-2010-PC-0202 This violation was for intentionally placing siphoning
pipes in your waste pond to bypass the waste management system and discharge waste to waters of the
State.
May 27, 2010 - Assessment of Civil Penalties for Making an Outlet to Waters of the State and Permit
Conditions Violations. File No. DV -2010-0044
A quote from the December 13, 2006 Notice Violation:
You are to immediately contact the Henderson County Soil and Water Conservation District for technical
assistance in addressing the drop -box in the cow loafing area that drains to the stream. Also, get assistance far
installing a freeboard marker in the slurry pond and concrete manure pit.
You have still not addressed the drop -box in the cow loafing area. Violations #1 and #2 of this Notice of Violation
are a result of you not addressing the drop -box issue.
You are required to take any necessary action to correct the above violations on or before January 21, 2011
and to provide a written response to this Notice by January 21, 2011. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
Please arrange a meeting at your farm before March 1" 2011 between us, Jonathan Wallin of the Henderson County
Soil and Water Conservation District [phone], Joe Hudyncia [phone] and Jeff Young (828) 296-
4500 to discuss steps needed to bring your farm into compliance and effectively and legally manage your dairy
waste.

a
•
Small Acres Dairy
5of5
•
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you
believe there are other factors, which should be considered, please send such information to me in writing within
ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still
deemed appropriate, it will be forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
G. Landon Davidson, L.G.
Aquifer Protection Supervisor
cc: Keith Larick CAFO Unit
CAkRG=AP-S_Files--:)
Jonathan Wallin, Henderson County Soil and Water District
Jeff Young
Judy S. Billings, Environmental Crimes Unit, State Bureau of Investigation

N Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 45Q007 Facility Status: Active Permit: AWC450007 U Denied Access
Inspection Type: Csr{rofiance Inspection Inactive or Closed Date:
Reason for Visit: RoutineCounty: Henderson Region: Agheville
Date of Visit: 12!1612010 Entry Timer 1:00 AM Exit Time: 1230 PM Incident #:
Farm Name: Small A=s Dairy Owner Email:
Owner. Michael R Qom Phone: [phone]
Mailing Address: 735 Butler Bridge Rd Fletcher NC 28732
Physical Address:
Facility Status: ❑ Compliant N Not Compliant Integrator.
Location of Farm: Latitude: 35°23'50" Longitude: 82°33'10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
Discharges 8 Stream Impacts Waste Collection 8 Treatment Waste Application
Records and Rocuments Other Issues
Certified Operator.
Secondary OIC(s):
Operator Certification Number_
On -Site Representative(s): Name Title Phone
24 hour contact name Michael R Com Phone: [phone]
On-site representative Michael R Com Phone: [phone]
Primary Inspector. Edward M Williams Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Page: 1

Permit: AVVC450007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 12/16/2010 Inspection Type: Compliance Inspection Reason for Visit: Routine
Inspection Summary:
The Small Acres Dairy operated by Michael Corn is out of compliance.
Discharge and Stream tmpacW
1. Waste running off of facility and denuded lot into storm drain, then into un -named tributary to the French Broad River.
2. Waste was present on the stream bed of the tributary to the French Broad River indicating past discharge.
3.Discharge adversely impacted Waters of the State causing a stream standard violation for Turgidity. Sample results for Turbidity —
Un -named tributary upstream of the Small Acres Dairy - 2 NTU's
Un -named tributary downstream of the Small Acres Dairy - 360 NTU's
Standard for Class "C" waters = 25 NTU's
4. Storage capacity appears less than adequate due to waste level being into structural freeboard.
7. There are groundhog burrows dug into the storage pond dam.
8. There is no freebaord marker in the upper solids pond.
Waste Application:
11. Applying waste to snow covered ground.
Records and Documents:
19. Failure to have Certificate of Coverage. Permit is out of date and has not been renewed.
21. No waste application records were provided
21. Failure to obtain waste and soils analysis
24. Failure to calibrate waste application equipment
Other Issues:
31. Failure to notify regional DWQ of emergency situations as required by permit. Did not inform DWO that liquids pond was past start
pump and into storm storage.
Page: 2

•
Permit: AVUC450007 Owner - Facility: Michael R Com Facility Number. 4500D7
Inspection nate: 12/16/2010 Inspection Type. Compliance Inspection Reason for Visit Routine
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
Afaste Pond
LIQUIDS WSP
21.60
14 DO
ste Pond
SOLIDS WSP
19.50
11.50
Page: 3

Permlt: AVVC450007 Owner - Facility: Michael R Corn Facility Number : 450007
Inspection Date: 1211612010 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? ■ ❑ ❑ ❑
Discharge originated at
Structure ❑
Application Field ❑
Other E
a. Was conveyance man-made? 0000
b. Did discharge reach Waters of the State? (if yes, notify DWQ) ■ ❑ ❑ ❑
c. Estimated volume reaching surface waters? unknown
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
00110
❑ ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
■ ❑
❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
0000
■ ❑
❑
discharge?
Waste Collection, Storage & Treatment
Yes No
NA
NE
4. Is storage capacity less than adequate?
0000
If yes, is waste level into structural freeboard? E
5. Are there any immediate threats to the integrity of any of the structures observed (I.e.l large trees, severe (3 ❑ ❑ ■
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ ■ ❑ ❑
or closure plan?
7. Do any of the structures need maintenance or improvement? 0 ❑ ❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
■
❑ ❑
❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
❑
■ ❑
❑
improvement?
Waste Application
Yes
No NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
0000
improvement?
11. Is there evidence of incorrect application?
■
❑ ❑
❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
■
Heavy metals (Cu, Zn, etc)?
❑
Page: 4

Permit: AWG450007 Owner - Facility: Michael R Corn Facility Number. 450007
Inspection Date: 12/1612010 Inspection Type: Compliance Inspection Reason for Visit: Routine
Wash Application Yes No NA NE
PAN? ❑
Is PAN > 10%110 lbs.? ❑
Total P205? ❑
Failure to incorporate manure/sludge into bare soil? ❑
Outside of acceptable crop window? ❑
Evidence of wind drift? ❑
Application outside of application area? ❑
Crop Type 1 Com (Silage)
Crop Type 2 Fescue (Hay, Pasture)
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type i
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management ❑ ■ ❑ ❑
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement? ❑ ■ ❑ ❑
16. Did the facility fail to secure andlor operate per the irrigation design or wettable acre determination? ❑ ■ ❑ ❑
17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑
18. Is there a lack of properly operating waste application equipment? ❑ ■ ❑ ❑
Retards and Documents Yes No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available? ■ ❑ ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ ■
If yes, check the appropriate box below_
WUP? ❑
Page: 5

•
•
Permit: AWC450007 Owner - Facility: Michael R Com
Facility Number : 450007
Inspection Date: 12116/2010 Inspection Type: Compliance Inspection
Reason for Visit: Routine
Records and Documents
Yes No NA
NE
Checklists?
❑
Design?
❑
Maps?
❑
Other?
❑
21. Does record keeping need improvement?
■ ❑ ❑
❑
If yes, check the appropriate box below.
Waste Application?
■
120 Minute inspections?
❑
Weather code?
❑
Weekly Freeboard?
❑
Transfers?
❑
Rainfall?
❑
Inspections after > 1 inch rainfall & monthly?
❑
Waste Analysis?
■
Annual soil analysis?
■
Crop yields?
❑
Stocking?
❑
Annual Certification Form (NPDES only)?
❑
22. Did the facility fail to install and maintain a rain gauge?
❑ ■ ❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? ❑ ❑ ■
❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■ ❑ Cl
❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑ ❑ ■
❑
26. Did the facility fail to have an actively certified operator in charge?
❑ ■ ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑ ❑ ■
V- L!- NA
❑
UC
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? 0000
29. bid the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ■ ❑ ❑
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air ❑ ■ ❑ ❑
Quality representative immediately.
Page: 6

•
Permit: AWC450007 ,Owner - Fac 114: Michael R Com Facility Number; 450007
Inspection Data: 12/162010 Inspection Type: Compliance inspection Reason for Visit: Routine
Other ISsues Yes No NA NE
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? 0000
32. Did ReviewerAnspector fail to discuss review/inspection with on-site representative? ❑ i ❑ ❑
33. Does facility require a follow-up visit by same agency? ■ ❑ ❑ ❑
34. Are subsurface drains present on this farm? ❑ ❑ ❑ ❑
If yes, check the appropriate box below.
Spray Field ❑
Lagoon 1 Storage Pond ❑
Other ❑
Page: 7

9/24/04 NOV for illegal discharge pipes from holding pond, haven't owned spray equipment for sometime
2/24/05 CPA for making outlet to waters of the state DV04-018
10/27/05 MPV for failure to provide records and documentation
12/13/06 NOV for illegal discharge (hay bale issue) NOV-2006-DV-0074
5/18/07 CPA for making outlet to waters of the state DV2007-0004
12/28/07 NOV for records defiency and failure to address and correct issues in NOV of 12/06
2/22/10 NOV making outlets to state piping waste
NOV/NOl violation 1- unpermitted discharge observed on 1/28/2010(siphoning); violation 2 - failure to apply at permitted rates;
3/18/10 violation 3 - failure to apply for COC
3/18/10 NOV/NOI siphoning pipes discharging from pond
• 5/27/10 CPA for violations DV -2010-0044
5/27/10 CPA DV -2010-0044 $16,462.98
7/26/10 Payment toward CP DV -2010-0044
9/1/10 Payment toward CP DV -2010-0044
9/13/10 Payment toward CP DV -2010-0044
10/1S/10 Payment toward CP DV -2010-0044
11/15/10 Payment toward CP DV -2010-0044
12/10/10 Payment toward CP DV -2010-0044
12/16/10 stream sampled for turbidity
1/7/11 NOV
1/7/11 NOV/NOI 12/16/2010 inspection. lists 8 violations. Also has partial list of violation/enforcement history. stream standard violat
1/24/11 Payment toward CP DV -2010-0044
2/2/11 Payment toward CP DV -2010-0044
• 2/9/11 NPDES requirement letter- within 90 days, return attached NPDES General Permit. Requires two copies of Cert. Animal Waste Man. Plan v
3/8/11 NOi - referencing NOV of Jan. 7, 2011. NOI contained specifics about complying along with aerialm image of problem areas to corrected.
3/24/11 Payment toward CP DV -2010-0044
4/25/11 Payment toward CP DV -2010-0044
6/7/11 Payment toward CP DV -2010-0044

A C, i;WA
Awk.900MM�
NCDER
North Carolina Department of Environment and Natural Resources
Division o= Water Quality
3eved 'Eaves Perdue Coleen H. Sullins
Governor Director
December 10, 2010
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
RE: Payment Schedule for Civil Penalty
Case D\7-2010-0044
Farm # 45-0007
Henderson County
Dear Mr. Corn:
Den -Freeman
SeCretary
=� 14 2B I0'
This letter is to ackno-%0edge receipt of your Check Number 7275 in the amount of
51000.00 on December 8, 2010. Your next payment of 51000,00 should be made payable to
DWQ before February 1. 2011. The total balance of the penalty is S 10462.98.
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 meat (919) 71;-6937.
Sincerely,
W?�
Miressa D. Garoma
Animal Feedin, Operations unit
cc: ,APS -Asheville Resional Office
File # DV -2010-0044
APS Central Files (AWS450007)
1617 Moil Csnte., a'ep. N7,'m Carolina 27699-1; 5`r
Location 552 I%. Salisbury S:. Raieign, Norm G'arolina 276D4 { jnt
Phan--: X14 fiG7 53D71 FAX: 91:'-W-0492 ; ,jstorner iervsce: ;•5--623-675& ',Noi—thCaro pria
Irtemet: W%v .nckvaterqualq ora
. U, =Vual':rpporunnj ',Aft, n;dliv� tcA;.n �r;lprp y 1� Z i�L?iiFE f

RECEIVED
NCDENR
North Carolina Department of Environment and Natural ResoYA 17 216M
Division of Water Quafily
Beverly Caves Perdue Cohen H. Sullins Asheville Exec e rre
Governor Director A uifer Prote for
November 15, 2010
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
RE: Payment Schedule for Civil Penalty
Case DV -2010-0044
Farm # 45-0007
Henderson County
Dear Mr. Corn:
This letter is to acknowledge receipt of your Check Number 7234 in the amount of
51000.00 on November 12, 2010. Your next payment of $1000.00 should be made payable to
DWQ before January 1, 2011. The total balance of the penalty is $11462.98.
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) 71-6937.
Sincerely,
U94"x
Miressa D. Garoma
Animal Feeding Operations Unit
cc. -APS- A.sheVille Regi6nal_Office.)
File # DV -2010-0044
APS Central Files (AWS430007)
1617 Mail Center, Raleiah. North Caroline 2769'-1647
Lc aiion::.12 N 5alishu,y St. rfiaieieh. NoFth Carolina 27-609 -O .
PFwe. 91 837 i3GC , FAX: [phone] t Commer Service: 1-877-623-67=8 Norl.hCarolina
Internet: w-sw rr ovate yualiry.c-g
:..,_q„al:nh:,^::�ti

W -A �
AMOME1009M_._.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly waves Perdue Coleen 11-1. Sullins Dee Freeman
Governor Director Secretary
October 15, 2010
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
RE: Payment Schedule for Civil Penalty
Case DV -2010-0044
Farm # 45-0007
Henderson County
Dear Mr. Corn:
44 U1114 -11"K
OCT 18161 iO
Asheville Regional Office
Aouifer Protection:
This letter is to acknowledge receipt of your Check Number 7185 in the amount of
S1000.00 on October 11, 2010. Your next payment of S1000.00 should be made payable to
DWQ before December 1, 2010. The total balance of the penalty is S12462.98.
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 [phone].
Sincerely,
LM
Miressa D. Garoma
Animal Feeding Operations unit
cc: APS -Asheville Regional Office
File # DV -2010-0044
APS Central Files (AWS450007)
1617 Mail Service Canter, Raleigh, Norte Carolina 27699-1617
! a;aS on: 512 N. Salisbury St Raleigh, North Carolina 27604 Dne
Phone; 919-8.0-63001 r.=,X:919-$07-64921Customer Servim'W7-323-6746 1\f o thCarOhna
IrmMe.:Wvvw.nrwaterqualhy.arg /� }f /}//
H.i Equal Gppormny 1 AffhTm five AMoD :mpbyer ji��+itKa�4 lly

A. *', AW
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly leaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 13, 2010
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
RE: Payment Schedule for Civil Penalty
Case DV -2010-0044
Farm # 45-0007
Henderson County
Dear Mr. Corn:
RECEOVED
SET 1.1 2010
Asheville Regional Nfiice
An, tllPr Protention
This letter is to acknowledge receipt of your Check Number 7141 in the amount of
S 1000.00 on September 8. 2010. Your next payment of S 1000.00 should be made payable to
DWQ before November 1, 2010. The total balance of the penalty is $13462.98.
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) 71-6937.
Sincerely,
�4
Miressa D. Garoma
Animal Feeding Operations Unit
cc: APS -Asheville Regional Office
File # DV -2010-0044
APS Central Files (AWS450007)
1637 Mail Service Center, Raiea h, North Carolina 27699-1617
!-%60n: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
?hone: 919807-o30[i 1 FAX: 919M07$4921 Customer service: 1-B77-623 -n748 Norffi Ca+�`�roli n a
Internet: www.nwvaterquality.osg /
An Equal r]Dportunq S A,<umalive Anon _mpkoye, ' �Ia'�i�ntuL �

*0� A�w
CDEN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Michael R. Corn
Small Acres Dairy
73 5 Butler Ridge Road
Fletcher, North Carolina 28732
E z"a'R�VE0
SEP 0 3 2010
Division of Water Quality I ' .. M °1!: r ',ec: ional Office
coieen K Sullins aee_rree anction _
Director
September 1. 2010
RE: Payment Schedule for Civil Penalty
Case DV -2010-0044
Farm #f 45-0007
Henderson County
Dear Mr. Corn:
Secretary
This letter is to acknowledge receipt of your Check Number 7118 in the amount of
S 1000.00 on August 30, 2010. Your next payment of S 1000.00 should be made payable to DWQ
before October 1, 2010. The total balance of the penalty is $14462.98.
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) 715-693 7.
Sincerely.
Miressa . Garoma
Animal Feeding Operations Unit
cc: APS -Asheville Regional Office
File # DV -2010-0044
APS Central Files (AWS450007)
1617 Maif Service Cemex, na€egh, Norm CaTobna 27599-1617
1amtbr,: 512 N. Saiisnurt St. Paiei h. Norm Carolina 27604 �3One
Pitone:919-507-63001FAX;919-60704921GustmrnerSemite: 1-871-623-67481Vo 411Caro 113a
InLemet wa+w.ncwaterouality.org
Z, Equal crpa;uartAi.
y t Oratjre;=%=mptoye Naturally

r
PUMA
NCDR
Nortel Carolina Department of Environment and
Division of Water Quality
Beverly -aves perdue Cohn H. Sullins
Govemor Director
July 26, 2010
CERTIFIED MAIL 7008 1140 0002 6736 8641
RETURN' RECEIPT REQUESTED
Mr. Mike Corn
Small Acres Dairy
735 Butler Ridge Road
Fletcher, North Carolina 28732
Dear Mr. Corn:
Natural Resources
RECEIVED
JUL 2 8 1010
Asheville Reglortal Office
SUBJECT: Payment Schedule for Civil Penalty
Case DV -2010-0044
Farm # 45-0007
Henderson County
On May 27, 2010, you were assessed a civil penalty of 516,000 and an enforcement cost of
$462.98 for a total of $16,462.98. Asper our discussion on July 23, 2010, the Division of Water
Quality (DWQ) has agreed to waive 51.000 of the civil penalty. As a result, the total due is now
$15,462.98.
You have requested a schedule for making partial payments toward the S 15,462.98 civil
penalty. The Division is agreeable to a 16 -month payment schedule beginning on September 1,
2010 and continuing to December 1, 2011. There are fifteen (15) payments of One Thousand
Dollars (S 1,000.00) to be made each month, and one final payment of Four Hundred Sixty Two
Dollars and Ninety Eight Cents ($462.98) as indicated on the attached schedule.
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the >3ayments by check payable to
the Department of Environment and Natural Resources and mail them so they are received by the
1 st of each month.
Failure to make the monthly payments in accordance with this schedule will cause the entire
unpaid balance of the civil penalty to be due and payable and subject to collection through a civil
action in the superior court.
Mail your payments to the address showrn on the next page to make sure that they are
properly recorded:
AOUI==rte, PROTECTION SECTION
i
ODe
1636 it Service Cenmr, Pale�h, North Carolire 2769:-1536
NorthCarolina
Lccaixin: 2726 CaDbl isouievara, Raleigh, Nark Catalina 27604
91{733-32211; AX 1: c i9 775 rs5Fs5; FAX 2: ?15-715-0048 1 Customer Service: 1-$iri o2s 0746
NaturallyPhone:
lntsmeu yrwfr.nrawMML;afitv.oM
n Equal Omporusnity ! fifrmaure Aauon Emotoyer

Mr. Mike Cam •
July 26, 2010
Page 2
•
Miressa Garoma
NCDENR-DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If you have any questions, please call Miressa Garoma at [phone].
Sincerely,
r
�-
Coleen H. Sullins
Attachment
cc: Landon Davidson, Asheville APS Regional Supervisor w/ attachments
File # DV -2010-0044 w/ attachments
APS Central Files (Permit No. AWC450007) w/ attachments

4r
CIVIL ALTY ASSESSMENT PAYMENT SJWULE
MICHAEL CORD
CASE # DV -2010-0044
FARM OR PERMIT # 45-0007
On May 27. 2010, the Division of Water Quality (DWQ) issued a civil penalty assessment in the
amount of S16.462.95, including S462.95 in investigative costs. against Mr. Michael Corn for discharr—rin=
animal waste to surface waters 8 operating under an expired permit. In order to resolve this matter, DWQ and
Mr. Michael Corn have agreed to enter into a payment schedule.
DWQ has agreed to waive 51,000 of the civil penalty. Mr. Michael Com a2rees to pay the remaining
civil assessment of 515,462.95 according to the schedule below as full settlement of Case No. DV -2010-0044.
Mr. Michael Corn understands that any default in pavment or failure to submit pavment by the day of
the month in which payment is due will result in the immediate referral of this case to the Attorney General's
Office for collection through the courts. Mr. Michael Corn also acknowledges that DWQ reserves the right to
take enforcement action for future violations within its authority should they occur.
PAYMENT AMOUNT
DATE DUE DATE PAID
S 1000.00
9/1/2010
S 1000.00
10/1/2010
S 1000.00
11/1/2010
S 1000.00
12/1/2010
S 1000.00
1/1/2011
$ 1000.00
2/1/2011
S 1000.00
3/1/2011
S 1000.00
4/1/2011
S 1000.00
5/1/2011
S 1000.00
6/1/2011
S 1000.00
7/l/2011
S 1000.00
$/1/2011
S 1000.00
9/1/2011
S 1000.00
10/1/2011
S 1000.00
11/1/2011
S 46295
12/1/2011
S 15,462.98
Pavments should be by check payable to "NCDENR" and should be mailed to:
Mr. Miressa Garoma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
NAME Date
Coleen H. Sullins Date
Director. Di-Osion of Water Quality

Beverly Eaves Perdue
Govemor
•
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Qu
Coleen H. Sullins
Director
May 27, 2010
CERTIFIED MAIL - #7006 2150 0003 5467 2213
RETURN RECEIPT REQUESTED
Mr. Michael R. Corn
Small Acres Dairy
735 Sutler Ridge Road
Fletcher, North Carolina 28732
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 45-0007
Henderson County
Pile No. DV -2010-0044
Permit No. AWC450007
Dear Michael Corn:
RECEIVED Dee
jU
This letter transmits notice of a civil penalty assessed against Michael Corn in the amount of
$16;462.98, which includes $462.98 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Anv
continuing violation(s) may be the subject of a neva enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if malting payment.
Please send payment to the attention of:
Miressa D Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PRO [ON SECTION
1636 i Lil Service Cuter, Raleigh, North Carolina 275991636
l..om5orr: 2728 CaptI Boulevard, Palehh, Norlh Carolina 2760;
Phone: [phone] FAX 1: 910.715-0666 =AX 2: 915-715$0481 Custwt--r Service: i-:777-6236746
Intamer www wwaterouaro.orLf
An Fnnal 1 afiuY::riF Acorn rmr&m
NorthCarotina
Naturally

Page 2
Mike Corn
May 27, 2010
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether .the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of Water Quality will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions
for payment, and . provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not partof the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the

Page 3 .
M11 -e Com
May 27.2010
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (3)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearinas is:
Office of Administrative Hearings
6714 Mail Service Center
Raleiah. NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional
penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Miressa D. Gamma at [phone].
Sincerely,
Theodore L. Bush_ Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: G. Laudon Davidson, Asheville APS Regional Supervisor w/ attachments
File # DV -2010-0044 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

r •
n<
M
STATE OF NORTH CAROLINA
NORTH CAROLINA
m
DEPARTMENT OF ENVIRONMENT
m
z
NATURAL RESOURCES
o Q•
C
go
z
COUNTY OF HENDERSON
0 O
I
FILE NO. DV -2010-0044
n"
m
IN THE MATTER OF
MICHAEL CORN
FOR VIOLATIONS OF CATTLE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, and the Director of the Division of Water Quality, I Theodore L. Bush, Jr.,
Chief of the Aquifer Protection Section, Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Michael Corn owns and operates Small Acres Dairy, a dairy cattle operation in
Henderson County.
B. North Carolina General Statute 143-215.10C(a) states that "No person shall construct
or operate an animal waste management system for an animal operation or operate an
animal waste management system for a dry litter poultry facility that is subject to
regulation under 40 Code of Federal Regulations § 122.23 (1 July 2003) without first
obtaining an individual permit or a general permit under this Article."
C. Michael Corn was issued Certificate of Coverage AWC450007 under General Permit
AWG200000 for Small Acres Dairy on October 1, 2004, effective upon issuance,
with an expiration date of September 30, 2009. Michael Corn has not applied for
permit renewal and is currently operating without a permit.
D. North Carolina General Statute 143-215.1(a)(1) states that "No person shall do any
of the following things or carry out any of the following activities unless that person
has received a permit from the Commission and has complied with all conditions set
forth in the permit: Make any outlets into the waters of the State."

E. On January 29, 2010, DWQ staff conducted an annual inspection and observed a
discharge of wastewater at Small Acres Dairy from a liquid waste storage pond to an
un -named tributary to the French Broad River, which are Class C waters of the State
within the French Broad River Basin. Two black plastic pipes were draped over the
pond dam, and siphoning water from the pond to an adjacent field. The waste then
flowed from the field to the un -named tributary to the French Broad River,
F. Michael Corn had no valid permit for the above-described activity.
G. DWQ responded by issuing the facility a Notice of Intent to Enforce on March 18,
2010, for the referenced discharge violation and for operating under an expired
permit.
H. The cost to the State for the enforcement procedures in this matter totaled $462.9$.
Based upon the above Findings of Fact, I make the following:
Il. CONCLUSIONS OF LAW:
A. Michael Corn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1
C. The above-cited operation of an animal operation without a permit is a violation of
G.S. 143-215.10C(a).
D. The unnamed tributary to the French Broad River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
E. The above-cited discharge caused by Michael Corn constitutes making an outlet to
the waters of the State for the purposes of G.S. 143-215.1(a)(1), for which a permit is
required by G.S. 143-215.1.
F. Michael Corn may be assessed civil penalties in this matter pursuant to G.S. 143-
2156A(a)(2), which provides that a civil penalty of not more than twenty five
thousand dollars ($25,000.00) per violation may be assessed against a person who is
required but fails to apply for and secures a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Michael Corn
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties in this matter.

t
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Michael Corn owner of Small Acres Dairy at the time of the noncompliance is
hereby assessed a civil penalty of-
S-
f:
S o0
S � mr,> "'
S & 1 0 pa t,.
S462,98
S ' &,4y4,;�-13
for making an outlet to the waters of the State without a permit
as required by G.S. 143-215. 1.
for operating an animal waste management system for
an animal operation without obtaining an individual permit or
a general permit as required by G.S. 143-215. 1 OC
TOTAL CINgL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A( c ), in determining the amount of penalty I have considered the
factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to public health or to
private property resulting from the violations;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(7) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally,-
(7)
ntentionally;(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
�1
6 -
Date) Theodore L. Bush Jr., Chief
Aquifer Protection Section
Division of Water Quality

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Beverly Eaves Perdue
Govemor
AWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
February 22, 2010
CERTIFIED MAIL 7006 2150 0005 2458 9945
RETURN RECEIPT REQUESTED
Mr, Mike Corn
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
NOV-2010-PC-0202
Administrative Code 15A NCAC 2T. 1304
NCGS 143-215.1
Small Acres Dairy No. AWC450007, Permit No. AWG200000
Henderson County
Dear Mr. Corn:
Dee Freeman
Secretary
On January 29, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Small Acres Dairy and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T. 1304, you have been found to be in violation
of your permit as follows:
Violation ##1:
Failure to prevent a discharge except in accordance with the permit.(Permit No.AWG200000 Section L 1.)
On 112912 010 APS Staff observed an unpermitted discharge from your spray irrigation field. The wastewater was
discharging to an unnamed tributary to the French Broad River,
AQUIFER PROTECTION SECTION —Asheville Regional Office (ARO)
2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
Phone: [phone] FAX: [phone]
Custorrrer Service: 1-877-623-6748
Intemet wwwnmater_guaGlY.om
An Equal Opporfundy 1 Afrumat Action Employer
NorthCarolina
Naturatl!f

Mr. Com
February 22, 2010
Page 2
Violation #2:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: (Permit No.AWG00000 Section I1.4.)
Further investigalion showed the source of the wastewater was the waste holdingpond The animal waste was
being siphoned from the irrigation pond to the spray field via two black plastic pipes resulting in excessive ponding
and runoff.
Required Corrective Action for Violation #1 & #2:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to ponding/runoffand take all necessary steps to insure this violation does not reoccur. The steps could include but
are not limited to modification of your Certified Animal Waste Management Plan.
Violation #3
Failure to apply for and obtain a new Certificate of Coverage (Permit No. AWG200000 Section V.10)
You are operating under an expired permit. Your General Permit AWG200000 expired September 30, 2090.
Required Corrective Action for Violation #3.-
Submit
3:Submit the permit renewal application that was mailed to you.
You are required to take any necessary action to correct the above violations on or before March 22, 2010
and to provide a written response to this Notice by March 22, 2010. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you
believe there are other factors, which should be considered, please send such information to me in writing within
ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still
deemed appropriate, it will be forwarded to the Director and included for consideration.

f
Mr. Corn
February 22, 2010
Page 3
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Beverly Price or me at [phone].
cc: Keith Larick CAFO Unit
ARO APS Files
Sincerely,
G. Lan on Davidson, L.G.
Aquifer Protection Supervisor

WARRANT FOR ARREST
Oftbnae
I CLEAN WATER ACT VIOLATION
66 THE STATE OF NORTH CAROLINA VS.
Nerve And Addraaa Of Defendant
WCHAEL RICHARD CORN
v
• FLETCHER NC 28732
;j HENDERSON [phone]
19999 11 143-215.6B(G)
01129/2010 throueh 01/29/2010
m a1f val (Name, seas Or Depadment)
R. M. GREENWAY
STATE BUREAU OF'INVESTIGATION DECU
501 INDUSTRIAL AVE
GREENSBORO NC 27406
J. S. BILLINGS
STATE BUREAU OF INVESTIGATION DECU
501 INDUSTRIAL AVE
GREENSBORO NC 27406
GUILFORD COUNTY [phone]
ed
® Mwemoft
le oee Whkh %quhae 08faIsM1/2011
Fingerprinting Per Fingerprint Dien
AOC -CR -100, Rear. 4111 (Structured Sentencing)
0 2011 Administrative 011ce of the Courts
STATE OF NORTH CAROLINA
HENDERSON County In The General Court Of Justice
DlsVict Court.Divislon
To any officer with authority and jurisdiction to execute a warrant for arrest for the
offense(s) charged below.
I, the undersigned, find that there is probable cause to believe that on or about the date of offense
shown and in the county named above the defendant named. above unlawfully, willfully and.
feloniously did MAKE AN OUTLET TO THE WATERS OF THE STATE, TO WIT: BY
INSTRUCTING EMPLOYEES TO DRAPE A BLACK PLASTIC PVC PIPE OVER THE BERM
OF A WASTE RETENTION POND ON THE FARM WHICH CAUSED. THE LIQUID WASTE
TO FLOW INTO AN UNNAMED TRIBUTARY OF THE FRENCH BROAD RIVER, WHICH IS
IDENTIFIED BY THE DENR AS A WATER OF THE STATE IN VIOLATION OF NC GEN.
STAT 143-215.6B(G).
This act(s) was in violation of the law(s) referred to in this Warrant This Warrant is issued upon Information
furnished under oath by the complainant listed. You are DIRECTED to arrest the defendant:and bring the.
defendant before a judicial official without unnecessary delay to answer the charge(s) above.
B S'AAY
r Cl Deputy CSC Caurt runs
080 ❑ cter* 018upeltec urt ❑ AM ❑ FM
lover!'.• _ ,• ,
ORIGINAL COPY

If this Warrant For Arrest is not served vAhin one hundred and eighty
(160) days, It must be returned to the Clark of Court In the county in which
It was Issued with the reason for the failure of service noted thereon. The
ofifoer must slate all ate p3 taken by the department In attempting to
execute the Warrant and any Infomtatton obtained about the Membouts
of the defendant
roc
10-514m, i //5o 0 PM
served for the fotiowlna reason:
h,f
V0FL C8C
AMU CSC
was received and so ved as Mawr.
curd77 "a Served AM Deft Re
PM
dant and bringing the defendant before:
❑ This Warrant WAS NOT served for the following reason:
Af amey ❑ 1Malved AttomayForl
10 1 ❑ IYarrldd w I C
❑ Appot-d
❑ RdWrwd
C014VICTIONS:
PLEA: 'f 0lity p no contest y C42 VERDICT: Guilty I'Q441 T Lt•4 M.CL ❑A1 i71 lilJa 03
E] guilty p no contest p,gufity M.CL, ❑A1 01 [12 1:1 3
0 guilty p no contest ❑ guilty M.CL. ❑A1 ❑ t ❑ 2 ❑ 3
p not guilty 0 not guilty
JUPOMENT: The,defendant appeared In open court and ffeel , tro)untedly and tindartitarldingl entered the above plea; on the above
v-eoct, It Is ORDERED that the d n ant: p pay costa and a tine of S
be Imprisoned for a term of. _days In the custody of p the sheriff.. p DOC' Pretrial credit days served.
E3 Work release, ❑'is recommended. [3 is not recommanded. (p Is ordered. (use form AOC -CR -OM
❑ The Courtf)nds.that e 0 longer. 13 shorter period of probation, than that which is speaMed In OA. 1 Spql343.2(d) is necessary.
.2Sxecution of the seritonce Is suspended and the defendant Is placed on:unsupervised probation' for months, subject to
the following conditions: (1) commit no criminal offense In any Jurisdiction. (Z) posesse no firearm, explosive or other deadly weapon
tlsled In G.S. 14-289. (3) remain gainfully and suitably employed or -faithfully pursue a course of study or of vocational training, that will
equip the defendant for suitable amployment, a of the Institution. (4) satisfy child support and family obligations, as
required by the Court. (5),pay to the Clerk th :casts of court.an ny additional sums shown. below.
Q— IR..HndL-,.• CL I AnA as "I rne"mundv Renew ARE
s AtJCJ Is Is Is Is
mcetw m5kAlon: (Nota To Clark Record 83N orTa:1D No. ofapadsved padyfhW on
Aftendanca,.,
CI 6. complete hours of community service during the first deya of probation, sa directed by the community
service coordinator, and pay the fee prescribed by GIS. 1438-282.4(b) within days.
p 7. not be found In or on:the premises of the complainant or
0 8. not assault, communicate with or be In the presence of the complainant or
d 9. provide a DNA sample pursuant to G.S. 15A-288.4. (AOC -CR -319)
el 0. Other.
__---I- -a
Signature Of Offlow Malang Rehm Name Of Offkw rryps Or Pdn0-
Depaften! Or Agony Of Ofter
.
It Is ORDERED'that this: p Judgment is continued upon payment of.00sts.
APPEAL ENTRIES
EI case be consolidated for judgment with
❑ The defendant, In open court, gives notice of appeal to the
Superior CotlrL
© sentence, Is to run at the expiration of the sentence In
Q COMMITMENT: It Is ORDERED that the Clerk deliver jig cetttfied.cpples of this Judgment and.Commitment to the sherttf and that the
❑ The current pretrial release order Is modified as follows:
sherttf cause the defendant to be retalned in custody to salve the sentence imposed or until the defendant shell have complied with the
conditons of release panding appeal.
Dale signature 01 WSW Coud Judge
PROBABLE CAUSE: p Probable cause is found, as to all Counts except and the defendant Is bound over to Superior
Court for action by ft grand jury. p No probable cause is found as to Counge) of this Warrant, and the Counl(s).is
dismissed.
FMWJ WAIVER OF PROS BLE CAUSE H I G
The undersigned defendant, with the consent of Mother attomay, walvaa
the rt ht to a bable cause hearing.
Nems OfDJatnbl Covet Judge (Type Or PrfnfJ afore Of D a
MACK BRI TAIN
4this
Data t/vnivtd
ro a an
CERTIF CAT O
;Irtify
thdgment.is a true and complete copy of.the-original which Is on file In this rase,
ftntfure of'"omey
Date Daft Dellwtd T'a Sherff
8lgnalure
Deputy.CSC,
I"[] Assist CSC ❑ CSC
6OGRev. 411.Ltrucurad Sentendng) use 3 2 ac or 10 pro n . a va sentence a , use -60 lrsupa se pro a on,
2011 use AOC -CR -404,

Items to be Initiated or Completed Within 40 days:
1. Mike Corn will relinquish, voluntarily, effective the date of this Compliance Agreement,
is AWB certification. He will contract with a licensed Operator in Charge. That person
will be in charge of all waste management activities for Small Acres Dairy, including
record keeping and reporting- Cassidy Price is the current operator in charge. Mike Cam
agrees not to apply for re -certification for a period of five years from the date of this
Compliance Agreement_
2. Mile Corn has already installed a fence around the lower level drop box. He is
committed to closing this drop box, pending review by Jeff Young, an engineer with
North Carolina Department of Agriculture_
3. A fifteen (15) foot grass filter strip (no mow zone) will be installed along the length of
the property bordering the creek located in the east and southeastern portion of the
property. A similar no mow vegetated strip will be installed and maintained along. the
northwestem border of the concrete ditch line.
4. Mike Corn submitted an NPDES Application for Small Acres Dairy to the Raleigh
Central Office of the NCDENR on 10/4/2012. Mr. Coin has already responded to an
additional- information request from NCDENR. Mr. Corn will respond to additional
information requests within the timeframes indicated by NCDENR or provide NCDENR
with a narrative as to the current status of obtaining the information.
Water Quality sampling locations will be: (i) on the West Side of Jeffress Road in the
stream /ditch below Small Acres Dairy, (ii) on the East side of Jeffress Road where the
stream comes out from the culvert under Jeffress Road, and (iii) approximately 200 yards
downstrearn. Mike Corn may collect the samples. He will split samples with DWQ !
NCDENR upon request.
6. All buildings are guttered that would drain towards the waste holding pond. The
buildings tba# are not guttered do not drain to the waste holding pond.
7. Letter reports documenting progress will be submitted quarteriy to the Asheville
Regional Office of NCDENR, att r Ed Williams.
Items to be completed within 6 months:
1. Mr. Corn will channel waste from the lower manure storage bin to the waste pond.
Assuming he presents a satisfactory plan for doing so, the requiresneart to roof this area
will not be part of the Compliance Agr=nwt.
2. Mr. Corn will provide for NCDENR approval, an engineer approved const action
specification for a concrete lined ditch of sufficient depth, width and sidewall height to
W 1024855-1

0
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
STATE OF NORTH CAROLINA )
Plaintiff, }
V. )
MICHAEL R. CORN )
Defendant. }
•
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NOS. I I CR 54950 & 1'1 CR 54951
PL-igA ACOd*.jjpvM
A 6feeff1rE1%JT
With regard to and in Attlement of those hatters in l I CR 54950 and .11 CR 54951,
Michael R. Corn and theMorth Carolina
hereby agree as
follows:
General Requirements:
1. Mike Corn / Small Acres Dairy will complete the items Herein in a.manner satisfactory to
NCDENR within the time filmes referenced. Dates will commence on signing of this
Compliance Agreement.
2. ' Mike Corn will allow NCDENR and DWQ staff reasonable unrestricted access to Small
Acres Dairy (the "Site") during the period of this Compliance Agreement: to verify
progress, perform inspections, and collect samples.
3
Gm
5
A
Required submittals will be sent to the Asheville Regional Office of NCDENR to Ed
Williams, 2090 US Highway 70, Swannanoa, N.C. 28718.
Water samples will be collected in accordance with standard environmental sampling
protocol and analyzed by an.N.C. certified laboratory.
Lack of cost share .funds shall not be an excuse for failing to comply with any of the
requirements herein.
NCDENR may revise any of the requirements herein to a lesser requirement based upon
future findings, sampling results, etc.
R&S 1424855-1

convey wastewater from the upper lot to the holding pond. Ditch needs to be structurally
sound, without cmclts that allow vegetation to grow and waste stream to leak.
3. Remove lower concrete drop box (i.e. drop inlet) and re-route water to vegetated filter
strip. Mr. Com will cansult with Jeff Young prior to closing the drop box.
4.Mr. Corn has met with Jeff Young to evaluate BMP alternatives to closing the upper drop
box and addressing runoff from the silage area. Alternatives for routing this waste stream
will b
ee submitted to NCDENR.
In addition to items listed above, it is agreed that:
If Small Acres Dairy is unable to complete any of these items to NCDENR's satisfaction
within the time frames allowed, Mike Corn and Small Acres Dairy will have the option of
closing down the dairy operation- Should Mike Cam choose that option, he will notify
NCDENR, and he shall have 180 days from the date of such notice to shut down the operation.
Should Mike Corn choose that option, it will not constitute a violation of this Compliance
Agreement and will not activate any suspended sentence, provided, however, any such closing
down of the dairy operation shall. be done in accordance with applicable law and regulation
AGREED to this I" Day of February, 2013.
Michael R Corn A04 1 .*
STATE OF NORTH CAROLINA
s
Attorney fnrMchael R. Com 40A
C. 9MAJOAKIIF-
PAS 1024955-1

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves perdue Coleen H. Sullins
Governor Director
March 18, 2010
CERTLFIED MAIL 7006 2150 0005 2458 9952
RETURN RECEIPT REQUESTED
Mr. Mike Corn
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
NOV-2010-PC-0202
Administrative Code 15A NCAC 2T.1304
NCGS 143-215.1
Small Acres Dairy No. AWC450007, Permit No. AWG200000
Henderson County
Dear Mr. Corn:
Dee Freeman
Secretary
On January 29, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Small Acres Dairy and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .13 04, you have been found to be in violation
of your permit as follows:
Violation #l:
Failure to prevent a discharge except in accordance with the permit.(Permit No.AWG200000 Section 1. 1.)
On 1/29/2010 APS Staff observed an unpermitted discharge from your spray irrigation field The wastewater was
discharging to an unnamed tributary to the French Broad River.
AQUIFER PROTECTION SECTION- Asheville Regional Office (ARO)
2090 U.S. 70 Highway, Swannanoa, NC 2677"211
Phone: [phone] FAX: [phone]
Customer Service:1-877-623-6748
Internet MK.gpygoualily.o
An Equal Opportunity 1 Affirr igw Acfm Empioya
One
NorthCarolina
Naturally

Mr. Corn
March 18, 2010
Page 2
Violation 92:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: (Permit No.AWG00000 Section II.4.)
Further investigation showed the source of the wastewater was the waste holding pond The animal waste was
being siphoned from the irrigation pond to the spray field via two black plastic pipes resulting in excessive ponding
and runoff.
Required Corrective Action for Violation #1 & #2:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to ponding/runoff and take all necessary steps to insure this violation does not reoccur. The steps could include but
are not limited to modification of your Certified Animal Waste Management Plan.
Violation #3
Failure to apply for and obtain a new Certificate of Coverage (Permit No. AWG200000 Section V.10)
You are operating under an expired permit. Your General Permit AWG200000 expired September 30, 2090.
Required Corrective Action for Violation #3:
Submit the permit renewal application that was mailed to you.
You are required to take any necessary action to correct the above violations on or before March 22, 2010
and to provide a written response to this Notice by March 22, 2010. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you
believe there are other factors, which should be considered, please send such information to me in writing within
ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is stili
deemed appropriate, it will be forwarded to the Director and included for consideration.

Mr. Com
March 18, 2010
Page 3
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Beverly Price or me at [phone].
Sincerely,
G Landon Davidson, L.G.
Aquifer Protection Supervisor
cc: Keith Larick CAFO Unit
ARO APS Files

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 22, 2010
CERTIFIED MAIL 7006 2150 0005 2458 9945
RETURN RECEIPT REQUESTED
Mr. Mike Corn
735 Butler Bridge Road
Fletcher, North Carnlina 28732
Natural Resources
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
NOV-2010-PC-0202
Administrative Code 15A NCAC 2T. 1304
NCGS 143-215.1
Small Acres Dairy No. AWC450007, Permit No. AWG200000
Henderson County
Dear Mr. Corn:
Dee Freeman
Secretary
On January 29, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Small Acres Dairy and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation #l:
Failure to prevent a discharge except in accordance with the permit.(Permit No.AWG200000 Section 1. 1.)
On 1/29/2010 APS Staff observed an unpermitted discharge from your spray irrigation field. The wastewater was
discharging to an unnamed tributary to the French Broad River.
AQUIFER PROTECTION SECTIDN — Asheville Regional Office (ARO)
2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
Phone: 82&29&-45001 FAX : [phone]
Customer Service: 1-877-623.6748
Intemet: www.ncwatemUardy.om
An Equal Opportunity 1 AfiumaWe Action Employer
Nonrth Carolina
Naturall

Mr_ Corn
February 22, 2010
Page 2
Violation #2:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: (PermitNo.AWG00000 Section 11.4.)
Further investigation showed the source of the wastewater was the waste holding pond. The animal waste was
being siphoned from the irrigation pond to the spray field via two black plastic pipes resulting in excessive ponding
and runoff.
Required Corrective Action for Violation #1 & #2:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to ponding/runoff and take all necessary steps to insure this violation does not reoccur. The steps could include but
are not limited to modification of your Certified Animal Waste Management Plan.
Violation #3
Failure to apply for and obtain a new Certif cate of Coverage (Permit No. AWG200000 Section V.10.)
You are operating under an expired permit. Your General Permit AWG200000 expired September 30, 2090.
Required Corrective Action for Violation #3:
Submit the permit renewal application that was mailed to you.
You are required to take any necessary action to correct the above violations on or before March 22, 2010
and to provide a written response to this Notice by March 22, 2010. Please include in your response al
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you
believe there are other factors, which should be considered, please send such information to me in writing within
ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still
deemed appropriate, it will be forwarded to the Director and included for consideration.

Mr. Corn
February 22, 2010
Page 3
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Beverly Price or me at (828) 2964500.
Sincerely,
TG.an on Davidson, L.G.
Aquifer Protection Supervisor
cc: Keith Larick CAFO Unit
ARO APS Files

o�oF W A rFgpG FILE,
co y
� • . Michael F. Easley, Governor
William G. Ross Jr. Secreta
North Carolina Dcparunertt of F-nti-ironmerrt and Natural Resources
Coleen 1i. Sullins, Director
to Division of Watrr Quality
Aquifer Protection Section
December 28, 2007
CERTIFIED MAIL 7006 2150 0005 2458 8580
RETURN RECEIPT REQUESTED
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION NOV-2007-PC-0849
Compliance Inspection
Animal Waste Handling System
Small Acres Dairy — Facility # 45-7
Henderson County
Dear Mr. Corn:
On December 17, 2007, Bev Price and Ed Williams of the Division of Water Quality's
Asheville Regional Office conducted a routine compliance inspection of the Small Acres Dairy.
Although the record keeping system has improved from the last inspection, your records remain
deficient and non-compliant. Also, some of the corrective actions required in the December
2006 Notice of Violation have not been addressed_ The following is a list of violations and/or
concerns.
1. The un -named tributary on the east side of the irrigation field has solids and waste residue
from the 2006 discharge. A requirement of the 2006 NOV was to clean out and remove
solids form the un -named tributary_ This has not been done. Before removing waste from
the stream, you must get approval from the DWQ Surface Water Protection Section.
Contact Kevin Barnett c/o DENR 2090 US 70 Hwy, Swannanoa, NC 2877"0 [phone]
and ask for approval.
2. There are groundhog holes in the liquid and solids/slurry pond dams, which may undermine
the integrity of the structures.
3. There is no suitable receiving crop in the irrigation field. The field is covered in weeds.
4_ The drop -box in the heifer loafing area is still discharging waste and sediment.
5. Your waste application records were not complete. Specifically, the IRR -2 has not been
completed and PAN balances have not been calculated. A PAN balance for the SLUR -2
has not been completed. Weather codes on the SLUR -1 have not been. documented.
6. A waste level marker should be installed in the solids/slurry pond.
7. Waste application equipment has not been calibrated.
One
`oshCarolina
. ,,l airrrn!!J
North Carolina Division of Water Quality - Asheville Regional Office 2090 U_S. Highway 70 Swannanoa, NC 287-73 Phone [phone]
Aquifer Protection Section FAX [phone]
Customer Service 1-877-623-6748
Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer- 50% Recyded110% Bost Consumer Paper

Mr. Corn
December 28, 2007
Page Two
For technical assistance in this matter, please contact The Henderson County Soil and
Water Conservation District.
A copy of the inspection report with additional comments is attached for your records
and review. If you have any questions regarding this inspection or need assistance with
required forms/record keeping, please do not hesitate to contact Ed Williams at [phone].
G. Landon Davidson
Regional Aquifer Protection Supervisor
Enclosures
Cc: APS AFO Unit
Jonathan Wallin— District Conservationist, Henderson County Soil and Water Conservation District, 999 High
Country Lane Hendersonville, NC 28792
Jeff Young — DSWC, ARO
APS Central Files -- Raleigh
APS ARO Files

• 0 -
Division of Water Quality
Ej Division of Soil and Water Conservation
❑ Other Agency
Facility Number : 450007 Facility Status: Active Permit: AWC450007 _ __ ❑ Denied Access
Inspection Type: Compliance Inspection _ Inactive or Closed Date:
Reason for Visit: Routine County: Henderson Region: Asheville _
Date of Visit: 1211712007 Entry Time: 10:00 AM Exit Time: 11:30 AM Incident #:
Farm Name: Small Acres dairy _ _ Owner Email:
Owner: Michael R Corn 82a-684-047
Mailing Address: 735 Sutler Bridle Rd _ _ Fletcher,NQ 28732
Physical Address:
Facility Status: n Compliant n Not Compliant Integrator:
Location of Farm: Latitude: 35"23'50" _ Longitude: 82°33'10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment Waste Application
Records and Documents Other Issues
Certified Operator. Operator Certification Number:
Secondary O1C(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Mike Corn Phone:
Primary Inspector: Edward M Williams Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Page: 1

Permit: AWC450007 Owner - Facility: Michael R Com Facility Number :450007
Inspection Date: 12/17/2007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Inspection Summary:
2.&3. Un -named tributary on east side of irrigation field still has solids and waste residue from 2006 discharge. A requirement of the
2006 NOV was to clean out and remove solids from the un -named tributary. This has not been done.
5.&7. There are groundhog holes in the dams for the liquids and solids waste ponds which may undermine the ineghty of these
structures.
8. The solids pond lacks a freeboard marker.
9.&15. The receiving crop in the irrigation field needs to be improved. Weeds have taken over the field. The drop box in the loafing
area is still draining waste and sediment to the stream.
11. There is ponding in the irrigation field.
17. It appears the application field is too small to handle the liquid waste.
18. There are holes in the irrigation pipe.
19. No Certificate of Coverage was available.
21. IRR -2, SLUR 1&2 were not complete. Need to initial form after 1" rainfall.
24. Waste application equipment has not been calibrated.
Page: 2

Permit: AWC450007 owner - Facility: !Michael R Corn Facility Number: 450007
Inspection Date: 1211712007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
Cattle -Milk Cow 250 305
Total Design Capacity: 250
Total SSLW: 350,000
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
k1ste Pond
LIQUIDS WSP
21.60 42.00
k1ste Pond
SOLIDS WSP
19.50
Page: 3

Permit: AWC450007 Owner • Facility: Michael R Corn Facility Number : 450007
Inspection Date: 12/17/2007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? n ■ 0 0
Discharge originated at
Structure n
Application Field fn
Other n
a. Was conveyance man-made? ❑ ■ rl ❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ■ rl (1
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
n
■ n
n
2 Is there evidence of a past discharge from any part of the operation?
■
n n
n
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
■
n n
n
discharge?
■
n
or closure plan?
Waste Collection, Storage & Treatment
Yes
No NA
NE
4. Is storage capacity less than adequate?
n
■ n
n
If yes, is waste level into structura€ freeboard?
n
■
n
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe
■
n
n
rC1
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management
n
rl
■
n
or closure plan?
7. Do any of the structures need maintenance or improvement?
■
rl
n
rl
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
■
n
n
n
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
■
n
n
n
improvement?
Waste Application Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that rieed maintenance or
n
■
n
n
improvement?
11. Is there evidence of incorrect application?
■
n
n
n
If yes, check the appropriate box below
Excessive Ponding? ■
Hydraulic Overload? ■
Frozen Ground?
Heavy metals (Cu, Zn, etc)? rl
Page: 4

Permit: AWC450007 Owner - Facility: Michael R Cam Facility Number: 450007
Inspection Date: 12/17/2007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Waste Application Yes No NA NE
PAN?
Is PAN > 10%110 lbs.? F1
Total P2O5? ❑
Failure to incorporate manure/sludge into bare soil? n
Outside of acceptable crop window?
Evidence of wind drift? rl
Application outside of application area? fl
Crop Type 1
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
■
❑
n
n
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
■
D
n
11
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
❑
■
n
n
17. Does the facility lack adequate acreage for land application?
■
%I
n
n
18. Is there a lack of properly operating waste application equipment?
■
11
r1
n
Records and Documents
Yes
No
NA
lair
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
■
[1
❑
n
20. Does the facility fail to have all components of the CAWMP readily available?
I_l
■
n
n
If yes, check the appropriate box below.
WUP?
n
Page: 5

-• •
Permit: AWC450007 Owner - Facility: Michael R Corn Facility Number : 450007
Inspection Date: 1211712007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents Yes No NA NE
Checklists? n
Design? ❑
Maps? 11
Other? rl
21. Does record keeping need improvement? ■ ❑ ❑ n
If yes, check the appropriate box below.
Waste Application?
■
120 Minute inspections?
■
Weather code?
❑
Weekly Freeboard?
■
Transfers?
n
Rainfall?
n
Inspections after > 1 inch rainfall & monthly?
■
Waste Analysis?
IN
Annual soil analysis?
n
Crop yields?
n
Stocking?
Annual Certification Form (NPDES only)?
%I
22. Did the facility fail to install and maintain a rain gauge?
I i
■
n
n
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
n
n
■
n
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■
fl
n
n
25. Did the facility fail to conduct a sludge survey as required by the permit?
n
n
■
n
26. Did the facility fail to have an actively certified operator in charge?
■
n
0
27, Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
n
n
■
n
r�.a.__ _........
Yes
Nn
NA
NF
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? n ■ 0 0
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those n ■ n D
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air n ■ 0.0
Quality representative immediately.
Page: 6

Permit: AVVC450007 Owner - Facility: Michael R Corn Facility Number: 450007
Inspection Date: 1211712007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Other Issues Yes No NA NE
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? n i Cl f1
32. Did Reviewer/inspector fail to discuss review/inspection with on-site represen.3tive? ❑ ■ hl f`1
33. Does facility require a follow-up visit by same agency? ■ fl �l []
Page: 7

Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number. 450007 Facility Status: Active Permit & WQ450007 ❑ Denied Access
Inspection Type: Compliance Inspection _ _ Inactive or Closed Date:
Reason for Visit Routine County: Henderson Region: Asheville
Date of Visit: 12/17/2007 Entry Time: 10700 AIS Exit Time: 11:30 AM Incident #:
Farm Name: Small Acres Dairy Owner Email:
Owner: MichaelR Crum Phone: [phone]
Mailing Address: 735 Butter Bridge Rd Fletcher NC 28732_
Physical Address:
Facility Status: ❑ Compliant p Not Compliant Integrator:
Location of Farm: Latitude: 35°23'50" Longitude: 82°33'10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
Discharges & Stream impacts
Records and Documents
Certified Operator:
Secondary OIC(s):
On -Site Representative(s): Name
24 hour contact name Mike Com
Primary Inspector: Edward M Williams
Inspector Signature:
Secondary Inspector(s):
Inspection Summary:
W L r" A-e:p
N10 �-(Qe. V axrcqr-
Vr-
- N10 C-0 C Q �t'��^
Waste Collection & Treatment jj Waste Application
Other issues 11
Operator Certification Number_
Title Phone
Phone:
Phone:
Date:
wa \ c'j d d, 3
\ � r;t t�l C' A q . '-e
Page: 1
1
GOrrS7©Ix" OuA.ry "l,r

•
Permit: AWC450007 Owner - Facility: Michael R Com
Inspection Date: 12117/2007 Inspection Type: Compliance Inspection
•
Facility Number: 450007
Reason for Visit: Routine
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
k1ste Pond LIQUIDS WSP 21.60
ste Pond SOLIDS WSP 19.50
Page: 2

Permit: AWC450007 owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 1 211 712 00 7 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? N p s�. , c c1r ❑ ❑
Discharge originated at: µ ` , { r e $ :1,,[ ,r- c ,.cam t M
StructureU� [{
Application Field ❑
Other n
a. Was conveyance man-made? n n ❑ ❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ) 11000
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ 0 ❑
2. Is there evidence of a past discharge from any part of the operation? f ttc- �ce.+- 46 @ n Q ❑
c�5f- t.-%4_
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a 0 @ ❑ Q
discharge?
Waste Collection, Storage & Treatment Yes No NA WE
4_ Is storage capacity less than adequate? n a ❑ ❑
If yes, is waste level into structural freeboard? 13
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe 19 ❑ ❑ ❑
erosion, seepage, etc.)?
fi. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ 9 ❑ n
or closure plan?
7. Do any of the structures need maintenance or improvement? t ,...� S ,a....1��� S ❑ f❑ I=i
8. Do any of the structures lack adequate markers as r quired by the pent? (Notapplipable to ro��pits, ® ❑ Q ❑
dry stacks and/or wet stacks) Sc?�; �S \ a � N M C !ac Z — V f or
9. Does any part of the waste management system other than the waste structures require maintenance or ® I] I] n
improvement? ��,,! �o ; „ ,„c ..
Waste Application Yes No NA NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or 0 9 0 0
improvement?
11. Is there evidence of incorrect application? ❑ LQ ❑ ❑
If yes, check the appropriate box below
Excessive Ponding? La
Hydraulic Overload?
Frozen Ground?
Heavy metals (Cu, Zn, etc)? n
Page_ 3

Permit: AWC450007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 1 211 7/2 007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Waste Application
Yes
No
NA NE
n r� �0r A.-
n
PAN?
Is PAN > 10%/10 lbs.?
❑
Total P205?
n
Failure to incorporate manurelsludge into bare soil?
n
Outside of acceptable crop window?
�!
Evidence of wind drift?
fl
Application outside of application area?
D
Crap Type 1 Q s r r r �+
Crop Type 2 S ►Y... �� C� .. • . Q� le . t tis�re .
Crop Type 3
Crop Type 4 r. �,1a
h
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
❑
❑
❑ ❑
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
n
n ❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
n
0
n n
17. Does the facility lack adequate acreage for land application?
a
❑
n n
18. is there a lack of properly operating waste application equipment?�� r a ems-
S
@
n
nn
Records and Documents {'(r -Q
Yes
No
NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
so
n ❑
20. Does the facility fail to have all components of the CAWMP readily available?
n
n n
If yes, check the appropriate box below.
th
WUP? ✓
❑
Page: 4

0 CA.z-7 ti,(, '-'14'L-U -A
Permit: AWC450007 Owner - Facility: Michael R Com Facility Number : 450007
Inspection Date: 1211712007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes
No NA NE
Checklists?
❑
Design?
❑
Maps? /
❑
Other?
❑
l
21. Does record keeping need improvement? _`�RR-Z i'a+Q���j
❑
❑ El n
If yes, check the appropriate box below.
i
Waste Application? PArJ L 1.LLA -TO-
❑
120 Minute inspections?
Weather code? V
❑
Weekly Freeboard? N LeA �0 cc c, s j CA %.'-11" �
❑
Transfers? N A i�1a rYG. �r : --s1 �SPo.�
❑
Rainfall? ✓
❑
Inspections after > 1 inch rainfall & monthly? QtrQ t' 14.O r •l c•.\
Waste Analysis?
❑
/
Annual soil analysis?,,/"
nalysis?,,
❑
Crop yields? �/
❑
Stocking? V
❑
Annual Certification Form (NPDES only)? �'-
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑ ❑ ❑
23. if selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
❑ 9 ❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑ ❑ ❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑ @ ❑
25. Did the facility fail to have an actively certified operator in charge?
❑
❑ ❑ ❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ a ❑
Other issues
Yes
No NA NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
❑
D 0 ❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those
❑
❑ ❑ ❑
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air
❑
❑ ❑ 0
Quality representative immediately.
Page: 5

•
Permit: AWC450007 Owner - Facility: Michael R Com
Inspection Date: 12/17/2007 Inspection Type: Compliance Inspection
Other Issues
31. Did the facility fail to notify regional DWO of emergency situations as required by Permit?
32, Did Reviewer/inspector fail to discuss review/inspection with on-site representative?
33. Does facility require a follow-up visit by same agency?
Facility Number: 450007
Reason for Visit: Routine
mann
nnnn
n n n n
Page: 6

RMENR
North Carolina Department of Environment and Natural Resources
Division of Soil and Water Conservation
Michael F. Easley, Governor Manly S. Wilder, Director William G. Ross Jr., Secretary
January 11, 2007
Mr. Mike Corn
735 Butler Bridge Road
Fletcher, NC 28732
Dear Mike:
In response to the Notice of Violation (NOV) you received from the NC Division of Water Quality,
have listed the corrective actions I must perform as a technical specialist. These items are:
1.6!' Develop a wettable acre determination for the current wastewater irrigation system.
2. tj' Calibrate the wastewater irrigation system. rr ' E
3. Write a revised operation and maintenance (O&M) plan for the current wastewater
irrigation system.
4.0 Determine the best method for eliminating the stormwater drop -inlet located inside the
heifer loafing area.
5. Assist the Henderson Soil and Water Conservation District staff with revising your
�p Waste Utilization Plan (WUP) to address:
A. The addition of slurry application via a honey wagon.
B. The current cropping system in the fields receiving animal waste.
C. The new wettable acreage available for animal waste application.
D. The animal population consists of Jersey cows instead of Holstein cows.
As a result, the maximum capacity of your permitted waste system is 350
Jersey cows or 250 Holstein cows.
6. Develop a repair for the wastewater pipeline transferring waste from the slurry pond to
the larger wastewater pond.
7. r Assist with installation of new freeboard markers in the two ponds and the slurry pit.
I have scheduled with Jonathan Wa[lin (Henderson SWCD) to perform the above referenced items by
the end of the month of January. I will be contacting you for a time when someone is available to
operate the irrigation system during the calibration procedure. Completion of these items will address
four of the six Required Corrective Action for Violations listed in the NOV. It will also minimize the
potential for ponding in the sprayfield.
2090 US Highway 70, Swannanoa, NC 28778-8211 No hCarofina
Phone: [phone] FAX: [phone] �aturgl!
lntemet-.http://www.enr.state.nc.uslregionaloffices/offices/asheville.html y
An Equal Opporiunty 1 Amrmat ve Action Employer - 5s0 % Recyded ! 14 % Post Gonsurmer Paper

• Mike Com
Page 2 of 2
01/17/07
•
Contact me if you have any questions or concerns regarding the technical assistance planned for
your dairy operation. You can reach me at my office at [phone] or on my cell phone at (828)
231-1583.
Sincerely,
. � t/ ern
4
J ff oung, P.E.
cc. Jonathan Wallin, Henderson SWCD

�0F \N A ��9Q Michael F. Easley, Govemor
`C) t'i y • William G. Moss h., Secmwy
C`I) Nc Ih Carolina Departrnent of Fnvironmmt and Natural Reso==
7_
D 'C
J 201,, 7 Cole= H. Sullins, Di e=
Division of Water Quality
August 1, 2007
Mr. Michael R. Com
Small Acres Dairy
735 Butler Bridge Road
Fletcher, NC 28732
RE: Acknowledgment of Receipt of Payment
Case No. DV -2007-0004
Farm #45-0007
Henderson County
Dear Mr. Corn:
This letter is to acknowledge receipt of your check No. 4777 in the amount of $11,878.23 on
July 31, 2007. This payment satisfies in full the civil assessment in the amount of $11,878.23
levied against Michael R. Com and the case has been closed. if you have any questions, please
call me at [phone].
Sincerely,
Dennis G.
Animal Feeding Operations Unit
cc: Landon Davidson, Asheville APS Regional Supervisor
r--Edward-William , ARO
File # DV -2007-0004
APS Central Files
1�`otthCarolina
,Nafu=fff
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
lnwrnet:hM:/Ih2o.enr.state.pr.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal OpportunitylAffirtnative Actim Employer — 50% Recycle&] 01/o Post C comer Paper

wATS9
Q
Michael F. Easley, Governor
William G. Ross Jr_, Secretary
North Carolina Department of Environment and Natural Resources
June 20, 2007
CERTIFIED MAIL - # 7006 2150 0003 5466 4249
RETURN RECEIPT REQUESTED
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, NC 28732
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 45-07
Henderson County
File No. DV -2007-0004
Permit No. AWC450007
Dear Mr. Corn:
Coleen H. Sullins, Director
Division of Water Quality
JUL 05 2CU7
This letter transmits a notice of a civil penalty assessed against Ray Hart in the amount of $11,878.23 that
includes $378.23 in investigative costs. Attached is a copy of the assessment documents explaining this
penalty. The assessment documents, dated May 18, 2007, were sent to you by certified mail and returned
to the Division of Water Quality as unclaimed. The aforementioned assessment documents are being re-
sent to you via this certified mail. Please respond as per the enclosed assessment documents.
If you have any questions, please contact me at [phone].
Sincerely,
A4�
Dennis G. Lund
Animal Feed Operations Unit
Attachments
cc:—LandonDavidson,--Asheville APS Regional Supervisor
Edward Williams, ARO
File # DV -2007-0004
APS Central Files
NZhCarolina
Alaturdly
Aquifer Protection Section 1636 Mail Service Center Raleigh, TIC 27699-1636 Phone [phone] Customer Service
Internet: htta://h2o.enr.state.nc_us 272$ Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportunity/Affirmative Action Employer — 50% Recycled/101/o Post Consumer Paper

o�oF wArF9pG
r
D �
Michael F. Easley, Governor
•, William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
.lune 20.2007
CERTIFIED MAIL - 4 7006 2150 0003 5466 4249
RETURN RECEIPT REQUESTED
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, NC 28732
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 45-07
Henderson County
File No. DV -2007-0004
Permit No. AWC450007
Dear Mr. Corn:
Coleen H. Sullins_ Director
Division of Water Quality
J, 0 201 4�
f
This letter transmits a notice of a civil penalty assessed against Ray Hart in the amount of $11,878.23 that
includes $378.23 in investigative costs. Attached is a copy of the assessment documents explaining this
penalty. The assessment documents, dated May 18, 2007, were sent to you by certified mail and returned
to the Division of Water Quality as unclaimed. The aforementioned assessment documents are being re-
sent to you via this certified mail. Please respond as per the enclosed assessment documents.
If you have any questions, please contact me at [phone].
Sincerely,
Dennis G. Lund
Animal Feed Operations Unit
Attachments
cc: Landon Davidson, Asheville APS Regional Supervisor
Edward=Williams; ARO
File 4 DV -2007-0004
APS Central Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone]
Internet: http://h2o.enrstate.nc.u5 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action: Employer — 50% Recycled/10% Post Consumer Paper
_ ,AhCarolina
atutrr!!r�
Customer Service
1-877-623-6748

►1
State of North Carolina ` t OF WA��
Department of Environment O� �G
and Natural Resources 6 9.
Division of Water Quality ` cry > .:.�
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
Alan W. Klimek P.E., Director
Division of Water Qucd!ty
Aquifer Protection Section
Location. 2728 Capital Blvd.
Raleigh, NC 27604
Mailing Address: 163,6 Mail Service Center
Raleigh, N.C. 27699-1636
FAX: ( 919) 715-0588
[phone]
Date: May 21 2007
FAX 70: Landon Davidson Edward Williams / Bev Price
FAX NUM]BER: [phone]
FROM: O NAM G. LLWD
PHONE: 1919) 71'185
NO. OF PAGES INCLUDING THIS
SKEET: Five
SMALL ACRES FARM
Please check the attached F&D. Section 111 was consolidated and the discharge
penalty revised to $6,000. It is ready to go if the modifications are acceptable to you.
If you receive this fax by mistake coil: Aquifer Protection Section Q 919-733-3221
0 J -ldnf] a31VM/HM3CDN 8850-9iL-6 b 19:91 LOOZITZ/Se

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
1N THE MATTER OF
NUCHAEL R. CORN }
FOR MAKING AN OUTLET TO THE )
WATERS OF THE STATE OF }
NORTH CAROLINA )
WITHOUT A PERMIT AND )
FOR VIOLATIONS OF CONDITIONS OF )
THE NON -DISCHARGE GENERAL )
PERMIT AWG200000 )
•
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FME NO. DV -2007-0004
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, L,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I_ FINDINGS OF FACT:
A. Michael R Corn owns and operates Small Acres Dairy, located along Jeffs
Road in Henderson County.
B. Michael R Com was issued Certificate of Coverage AWC450007 under General
Permit AWG200000 for Small Acres Dairy on October 1, 2004 effective October
1, 2004, with an expiration date of September 30, 2009. This permit does not
allow the discharge of waste to waters of the State.
C. On November 28, 2006, DWQ staff observed a discharge of wastewater at Small
Acres Dairy to an unnamed tributary of the French Broad River, which are Class
C waters of the State within the French Broad River Basin.
D. Michael R Corn had no valid permit for the above-described activity.
E.. Condition No. L (1.) of the issued permit states: Any discharge of waste that
reaches surface waters or wetlands is prohibited except as otherwise provided in.
this General Permit and associated statutory and regulatory provisions. Waste
shall not reach surface waters or wetlands by runoM drift, manmade conveyance,
direct application, direct discharge or through ditches not otherwise classified as
state waters.
Z0 3wd -WM aMVM/"3CIDN BBSO-911-616 I5=5t LOOZ/iL/30

F. On October 31, 2006, DWQ staff conducted a routine compliance inspection of
the Small Acres Dairy. None of the required records were being rnaintaiued.
G. Condition No. M. (2.a.) of the issued permit states: The waste level in each
lagoon with a waste level gauge shall be monitored and recorded weekly on forms
supplied by or approved by the Division. (3.a_) Precipitation events shall be
monitored and recorded. (4.) A representative Standard Soil Fertility Analysis
shall be conducted on each application field receiving animal waste in accordance
with NCGS 143-215.IOC(e)(6). (5.) An analysis of the animal waste shall be
conducted in accordance with recommended laboratory sampling procedures as
close to the time of application as practical and at least sixty (60) days (before or
after) of the date of application. (6.) The Permittee shall record all irrigation and
land application events including hydraulic rates, nutrient loading rates and
cropping information.
H. The cost to the State of the enforcement procedures in this matter totaled $378.23.
Based upon the above Findings of Fact, I make the following:
IL CONCLUSIONS OF LAW:
A. Michael R. Corn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G -S. 143-212(4).
B. Unnamed tributary to the French Broad River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waxers of the State .for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Michael R. Corn may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(aX2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.
B. Michael R. Corn's above cited: discharge of waste to surface waters by way of a
manmade conveyance violated condition No. I. (i.) of the Animal Waste Permit
AW0200000. Failure to maintain required records violated condition No. M.
(2.a.), (3.a.), (4.);(5.) and (6.) of the Animal Waste Permit AWG200000.
E0 mid `:EIVM/�MMDN 8850 -51l -6T6 15:91 l80Z/�Z/ 0

Ills
F. Michael R Corn may be assessed civil penalties pur =T to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Michael R.
Corn pursuant to G.S. 143-215.3(x)(9) and G.S. 14318-182.1(b)(8).
H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of. Water Quality, has the
authority to assess civil penalties in this matter_
Based upon the above Findings of Fact and Conclusions of Lave, I make the following:
DECISION:
Accordingly, Michael R. Corn is hereby assessed a civil penalty of;
$ _1p �1r7 for maldag an outlet to the waters of the State without a
permit as required by G.S. X43-215.1.
$ -V O, D_ for violating condition No. III. (e,'3 "'and 6.) of Permit
AWG200000 by failing to maintain the required records for
waste lagoon levels, precipitation events, and land
application events.
1900. Q0 for violating condition No. 111. (4. and 5.) of Permit
AWG200000 by failing to conduct the required morxitoring
of animal wastes and soil fertility.
$7z 6-0,2 TOTAL CIVIL PENALTY
$ 378.23 Enforcement Costs
3_ $ TOTAL AMOUNT DUE
VO 3DVd -arm aRiartraMM-ON 8890-5TL--616 15:91 LOeZf1ZISe

i
•
As requited by G. S. 1 43-215.6A(c), in determining the amount of the penalty 1 have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally,
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date i/ Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
90 3E)Vd 1t1m 83ivm/&n3Q3M 8890 -SIL -616 IS =SI L80Z/iZ/90

-1-
M
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT #f 7006 2150 0003 5466 2191
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, NC 28732
Michael F. Easley, Governor
William G. Ross h., Secretary
North Carolina Dcpattment of Environment and Natural Resources
May 18, 2007
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm 4 45-07
Henderson County
File No. DV -2007-0004
Permit No. AWC450007
Dear Mr. Com:
Alan W. Klimek, P.E. Director
Division of Water Quality
E E.iVLFE-
JUN 22 2007
A •� -,�[ltilii ! irr if�n 1, G.� ��ia�
This letter transmits notice of a civil penalty assessed against Michael R. Corn in the amount of
$11,878.23 which includes $378.23 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violations) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: h l/h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal OpportuniWAffirmative .Action Employer — 50%, Recycled/] 0% Post Consumer Paper
t
Carolina
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

Michael R. Cam
May 18, 2007
Page 2
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received

Michael R. Com
May 18, 2007
Page 3
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please trail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Dennis G. Lund at [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Landon Davidson, Asheville APS Regional Supervisor w/ attachments
Edward Williams, ARO w/ attachments
File # DV -2007-0004 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
MICHAEL R. CORN ) STIPULATION OF FACTS
FILE NO. DV -2007-0004
Having been assessed civil penalties totaling $11,878.23 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated May 18, 2007 , the undersigned, desiring to seek remission of the civil penalties, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that
the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 12007 .
SIGNATURE
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV -2007-0004 County: Henderson
Assessed Party: Michael R. Corn
Permit No. (if applicable): AWC450007 Amount Assessed: $11,878.23
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing,and Stipulation of
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1
were wrongfully 4Rplied to. the detriment_ of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator pMmptIv abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) pavment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i, e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF
MICHAEL R. CORN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT AND
FOR VIOLATIONS OF CONDITIONS OF
THE NON -DISCHARGE GENERAL
PERMIT AWG200000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV -2007-0004
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
1. FINDINGS OF FACT:
A. Michael R. Corn owns and operates Small Acres Dairy, located along Jeffress
Road in Henderson County.
B. Michael R. Corn was issued Certificate of Coverage AWC450007 under General
Permit AWG200000 for Small Acres Dairy on October 1, 2004 effective October
1, 2004, with an expiration date of September 30, 2009. This permit does not
allow the discharge of waste to waters of the State.
C. On November 28, 2006, three DWQ inspectors discovered a manmade discharge
of wastewaters at the Small Acres Dairy. Bales of hay were placed in the concrete
drainage ditch to divert contaminated run-off away from the liquids pond and into
a stream. The manmade discharge was to an unnamed tributary of the French
Broad River, which are Class C waters of the State within the French Broad River
Basin. Manure was observed in the stream adjacent to the hay bale diversion.
D. On December 13, 2006, a Notice of Violation (NOV-2006-DV-0074) was issued
to Michael R. Corn for the manmade discharge to the unnamed tributary of the
French Broad River. Michael R. Corn's response to the NOV, received January
16, 2007, acknowledged and documented his diversion of wastewaters.

E. Michael R. Com had no valid permit for the above-described activity.
F. Condition No. I. (1.) of the issued permit states: Any discharge of waste that
reaches surface waters or wetlands is prohibited except as otherwise provided in
this General Permit and associated statutory and regulatory provisions. Waste
shall not reach surface waters or wetlands by runoff, drift, manmade conveyance,
direct application, direct discharge or through ditches not otherwise classified as
state waters.
G. On October 31, 2006, DWQ staff conducted a routine compliance inspection of
the Small Acres Dairy. None of the required records were being maintained.
H. Condition No. UI. (2.a.) of the issued permit states: The waste level in each
lagoon with a waste level gauge shall be monitored and recorded weekly on forms
supplied by or approved by the Division. (3.a.) Precipitation events shall be
monitored and recorded. (4.) A representative Standard Soil Fertility Analysis
shall be conducted on each application field receiving animal waste in accordance
with NCGS 143-215.1OC(e)(6). (5.) An analysis of the animal waste shall be
conducted in accordance with recommended laboratory sampling procedures as
close to the time of application as practical and at least sixty (60) days (before or
after) of the date of application. (6.) The Permittee shall record all irrigation and
land application events including hydraulic rates, nutrient loading rates and
cropping information.
I. The cost to the State of the enforcement procedures in this matter totaled $378.23.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Michael R. Corn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Unnamed tributary to the French Broad River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Michael R. Com may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.

E. Michael R. Corn's above cited discharge of waste to surface waters by way of a
manmade conveyance violated condition No. 1. (1.) of the Animal Waste Permit
AWG200000. Failure to maintain required records violated condition No. 111.
(2.a.), (3.a.), (4), (5.) and (6.) of the Animal Waste Permit AWG200000.
F. Michael R. Corn may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty -live
thousand dollars ($25,000) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against -Michael R.
Com pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, Michael R. Corn is hereby assessed a civil penalty of:
$ %Q, i9Dvoa for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
D d
$ SDC7 for violating condition No. III. (2., 3., and 6.) of Permit
AWG200000 by failing to maintain the required records for
waste lagoon levels, precipitation events, and land
application events.
pc�
$ ©� for violating condition No. III. (4. and 5.) of Permit
AWG200000 by failing to conduct the required monitoring
of animal wastes and soil fertility.
$ % O TOTAL CIVIL PENALTY
$ 378.23 Enforcement Costs
$ !, %$ a3 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
S-1jalo 7
4
(Date) 0 Theodore L. ush, Jr., Chie
Aquifer Protection Section
Division of Water Quality

r` F WAT'
���o I Q ID
p �
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT 4 7006 2150 0003 5466 2191
Mr. Michael R. Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, NC 28732
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 18, 2007
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 45-07
Henderson County
File No. DV -2007-0004
Permit No. AWC450007
Dear Mr. Corn:
Alan W. Klimek, P -E. Director
Division of Water Quality
_. r :�-7.
.
Re,,i-nal 'D{cc
This letter transmits notice of a civil penalty assessed against Michael R. Corn in the amount of
$11;878.23 which includes $378.23 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Carolina
�vWkIrally
Aquifer Protection Section 1636 Mail service Center Raieigh, NC 27699-1636 Phone [phone] Customer Service
Internet: httl2:llh2o.enr.state.ne.us 2728 Capital Boulevard Raieigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l0% Post Consumer Paper

Michael R. Com
May 18, 2007
Page 2
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received

Michael R. Cam • •
May 19, 2D47
Page 3
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Dennis G. Lund at [phone].
Sincerely,
L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Landon Davidson, Asheville APS Regional Supervisor wl attachments
Edward Williams, ARO w/ attachments
File # DV -2007-0004 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachments
4�1

0 0
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
MICHAEL R. CORN ) STIPULATION OF FACTS
FILE NO. DV -2007-0004
Having been assessed civil penalties totaling $11,878.23 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated May 18 2007 , the undersigned, desiring to seek remission of the civil penalties, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that
the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of
SIGNATURE
ADDRESS
TELEPHONE
r

i
• .•
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV -2007-0004 County: Henderson
Assessed Party: Michael R. Corn
Permit No. (if applicable): AWC450007 Amount Assessed: 511,878.23
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing, and Stipulation o
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(,)
were, wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document); .
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional -napes as necessary):

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF
MICHAEL R. CORN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT AND
FOR VIOLATIONS OF CONDITIONS OF
THE NON -DISCHARGE GENERAL
PERMIT AWG200000
E
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV -2007-0004
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ, make the following:
I. FINDINGS OF FACT:
A. Michael R. Corn owns and operates Small Acres Dairy, located along Jeffress
Road in Henderson County.
B. Michael R. Corn was issued Certificate of Coverage AWC450007 under General
Permit AWG200000 for Small Acres Dairy on October 1, 2004 effective October
1, 2004, with an expiration date of September 30, 2009. This permit does not
allow the discharge of waste to waters of the State.
C. On November 28, 2006, three DWQ inspectors discovered a manmade discharge
of wastewaters at the Small Acres Dairy. Bales of hay were placed in the concrete
drainage ditch to divert contaminated run-off away from the liquids pond and into
a stream. The manmade discharge was to an unnamed tributary of the French
Broad River, which are Class C waters of the State within the French Broad River
Basin. Manure was observed in the stream adjacent to the hay bale diversion.
D. On December 13, 2006, a Notice of Violation (NOV-2006-DV-0074) was issued
to Michael R. Com for the manmade discharge to the unnamed tributary of the
French Broad River. Michael R. Corn's response to the NOV, received January
16, 2007, acknowledged and documented his diversion of wastewaters.

CJ
L
E. Michael R. Corn had no valid permit for the above-described activity.
F. Condition No. 1. (i.) of the issued permit states: Any discharge of waste that
reaches surface waters or wetlands is prohibited except as otherwise provided in
this General Permit and associated statutory and regulatory provisions. Waste
shall not reach surface waters or wetlands by runoff, drift, manmade conveyance,
direct application, direct discharge or through ditches not otherwise classified as
state waters.
G. On October 31, 2006, DWQ staff conducted a routine compliance inspection of
the Small Acres Dairy. None of the required records were being maintained.
H. Condition No. M. (2.a.) of the issued permit states: The waste level in each
lagoon with a waste level gauge shall be monitored and recorded weekly on forms
supplied by or approved by the Division. (3.a.) Precipitation events shall be
monitored and recorded. (4.) A representative Standard Soil Fertility Analysis
shall be conducted on each application field receiving animal waste in accordance
with NCGS 143-215.10C(e)(6). (5.) An analysis of the animal waste shall be
conducted in accordance with recommended laboratory sampling procedures as
close to the time of application as practical and at least sixty (60) days (before or
after) of the date of application. (6.) The Permittee shall record all irrigation and
land application events including hydraulic rates, nutrient loading rates and
cropping information.
I. The cost to the State of the enforcement procedures in this matter totaled $378.23.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Michael R. Corn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Unnamed tributary to the French Broad River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Michael R. Com may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1,

•
E. Michael R. Corn's above cited discharge of waste to surface waters by way of a
manmade conveyance violated condition No. I. (1.) of the Animal Waste Permit
AWG200000. Failure to maintain required records violated condition No. M.
(2.a.), (3.a.), (4), (5.) and (6.) of the Animal Waste Permit AWG200000.
F. Michael R. Corn may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Michael R.
Corn pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, Michael R. Corn is hereby assessed a civil penalty of:
$ % 03 f9 4 z)aC, for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
Da
S for violating condition No. III. (2., 3., and 6.) of Permit
AWG200000 by failing to maintain the required records for
waste lagoon levels, precipitation events, and land
application events.
OC.
$ ©� for violating condition No. TH. (4. and 5.) of Permit
AWG200000 by failing to conduct the required monitoring
of animal wastes and soil fertility.
TOTAL CIVIL PENALTY
$ 378.23 Enforcement Costs
S_h $ %� �� TOTAL AMOUNT DUE

• 0
As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have
considered the factors listed in G.S.143B-282.1(b), which are:
(l) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
]i 4
(Dale) i% Theodore L. Bush, Jr., Chie
Aquifer Protection Section
Division of Water Quality

i
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
-January 26, 2007
MEMORANDUM:
To: Dennis Lund
Through: Landon Da dso�
From: Ed Williams
Subject: Recommendation for Civil Penalty
Small Acres Dairy #45-7
Henderson County
Attached is an enforcement package for the Small Acres Dairy in Henderson County.
While conducting a routine inspection on October 31, 2006, Ed Williams and Bev Price
with the ARO observed animal waste in an unnamed tributary (Ut) to the French Broad
River. The waste appeared to have originated from the Dairy's cow loafing area.
Samples were collected from the Ut, which showed a stream standard violation for
turbidity and dissolved oxygen. Also, none of the required waste application records
were being maintained. A Notice of Violation was issued for noncompliance/insufficient
record keeping in 2005. On November 28, 2006, Ed Williams, Bev Price and Landon
Davidson returned to the Small Acres Dairy to conduct a follow-up inspection. During
the inspection, an intentional, man-made discharge was discovered. Mike Corn, the
Dairy owner and operator, admitted to placing two hay bales in a concrete drainage ditch
to divert waste away from his waste pond and into the Ut.
A Notice of Violation/Notice of Intent was issued December 13, 2006. Mr. Mike Corn,
OIC responded to the NOV/NOI. He indicated that, "water is no longer being diverted"
and "the accumulated waste that pictures were taken of was washed away by the heavy
rains of New Year's Eve". Mr. Corn also attached a letter from Jeff Young of the
Division of Soil and Water that lists corrective actions to be performed.
A civil penalty was levied against Mr. Com in February of 2005 for "Making an Outlet to
Waters of the State and Permit Conditions Violations".
Based on our observations, a civil penalty assessment is recommended. The violations
observed at this facility on October 315 and November 28"',1006 include an unpermitted
discharge of animal waste to waters of the State, and failure to maintain waste application
records.
The Asheville Regional Office requests that you initiate appropriate action from your
office and forward the package to the appropriate individual(s) for review.
The following items are attached for your review:

•
C J
A) A completed "Water Quality Enforcement Case Assessment Factors"
B) A completed "Findings and Decisions and Assessment of Civil Penalties"
C) A copy of the "NOVINOI letter' from the ARO to the violator. A copy of
the NOV/NOI response. The violator submitted a response on January 16,
2007.
D) Copy of topo map of the area in question.
Please contact Ed Williams in our office at 828-296-4500 for any additional information
you may need.
Our recommendation:
III. DECISION:
Accordingly, Mike Corn is hereby assessed a civil penalty of:
$ 10,000.00 for violating condition No. I. (l.) of Permit No.
AWG200000 by failing to prevent a discharge of
pollutants to a stream.
$_500.00 for violating condition No. III. (2.,3.,4.,5.,and 6.) of
Permit No. AWG200000 by failing to maintain
required records.
$ 10,500-00 TOTAL CIVIL PENALTY
$ 378.23 Enforcement costs
$ 10,878.23 _TOTAL AMOUNT DUE

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
January 26, 2007
Type: DV
Violator: Mr. Michael R. Corn
Address: 735 Butler Bridge Road
Fletcher, NC 28732
Henderson County
Responsible Party:
Regional Office:
Mr. Michael R. Corn
Asheville
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation:
The direct manmade discharge of waste to the surface waters apparently caused
adverse impacts to the natural resources of the State. By not performing the
required monitoring and record keeping, there is no way to ensure waste was
applied at agronomic rates. Waste and soil analyses and pumping records for
2006 were requested in the Notice of Violation but none were submitted. We
asked Mr. Corn to "clean out" the effected ditches and tributary. He stated in the
NOV response letter that heavy rains had washed them out. We returned to the
site to verify and found that the animal waste had not been washed away.
To date, this office has not received any reports regarding harm to public health or
private property.
2. The duration and gravity of the violations.
The discharge to the waters of the State started sometime after the initial
inspection of October 31, 2006 until the follow-up inspection on November 28,
2006, when the discharge was ceased. No monitoring or record keeping was
performed from the time of the compliance inspection and subsequent Notice of
Violation on October 20, 2005 until the compliance inspection on October 31,
2006.

0
3. The effect on groundwater or surface water quality or air quality.
The extent of adverse effects to groundwater and surface water quality is
unknown. Surface water samples taken show impacts downstream of the waste
discharge. An aquatic fungus Leptomitus lacteus, also known as "sewage fungus"
was found to be growing on the streambed immediately downstream of the waste
discharge. It was not found upstream of the discharge. This fungus is indicative
of dairy farm waste. The lack of waste application records makes it difficult to
document if over -application of animal waste has occurred, but his application
method would strongly suggest over -application.
4. The cost of rectifying the damage;
Not documented.
5. The amount of money saved by non-compliance;
Unknown. Labor costs associated with the time it takes to monitor freeboard,
precipitation, waste application, fill out required records and documentation,
pump waste.
6. Whether the violations were committed willfully or intentionally; .
The ARO believes the surface water discharge was willful and intentional. Mr.
Com admitted that he placed hay bales in the concrete ditch to divert waste away
from his waste pond. We do believe the violations relating to waste application
records were willful and intentional. Mr. Corn stated that he meant to keep the
required records and send off soil and waste for analysis, but never got around to
it.
7. The prior record of the violator in complying with programs over which the
Environmental Management Commission has regulatory authority;
February 2002 — DWQ issues Notice of Violation and Revocation for
Nonpayment (annual permit fee). NOV was issued to Small Acres Partnership.
September 24, 2004 — DWQ issues Notice of Violation/Notice of Intent for illegal
discharge and permit conditions violations.
February 24, 2005 —Assessment of Civil Penalties for Making an Outlet to
Waters of the State and Permit Conditions Violations. File No. DV 04-018
October 27, 2005 — DWQ issues Notice of Violation for failure to provide
required records and documentation.

I
8. The cost to the State of the enforcement procedures:
Central Office Review and Processing
=S 100.00
Two (2) Hours by investigator for investigating and
drafting reports @$24.15/hr.
_$ 48.30
Four (4) Hours by investigator for investigating and
drafting reports @$25.54/hr.
_$ 102.16
Two (2)Hours by Aquifer Protection Regional Supervisor
for review @ $32.0 Uhr.
_$ 64.02
Laboratory Costs
=$ 33.75
Mileage @ 0.31 per mile for 51 miles
=$ 30.00
Total
=$378.23

O�OF W ATjS�t,QG •
l 7
� r
December 13, 2006
CERTIFIED MAIL 7006 2150 0005 2458 7583
RETURN RECEIPT REQUESTED
Mr. Mine Corn
735 Butler Bridge Road
Fletcher, North Carolina 28732
POLE
ri SPY Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject; NOTICE OF VIOLATION/NOTICE OF INTENT
NOV-2006-DV-0074
Small Acres Dairy
Facility No. 45-7
Henderson County
General Permit No. AWG200000
Certificate of Coverage No. AWC450007
Dear Mr. Corn:
Alan W. Klimek, P.E., Director
Division of Water Quality
Asheville Regional Office
On October 31, 2006, Bev Price and Ed Williams of the Division of Water Quality's Asheville Regional
Office performed a yearly, routine compliance inspection of the Small Acres dairy. The following
deficiencies and violations were documented during the inspection:
1) Animal waste was visible in the un -named tributary (Ut) bordering the east side of the property
adjacent to the spray irrigation field. The waste appeared to have originated from the cow loafing
area by way of a cement drain/drop-box draining to the Ut. Water samples taken from the Ut
showed a violation of water quality standards for dissolved oxygen with a value of 0.56 mg/I and
turbidity with a value of 65 NTU's. Fecal coliform bacteria levels in the stream were extremely
elevated with a value of 26,000 colonies per 100 mi.
2) The spray irrigation field had excessive ponding of wastewater. Mr. Corn indicated that he had
irrigated on October 29th, two days prior to the inspection. The two spray nozzle tripods were
leaning over contributing to improper application. Irrigation design / wettable acre determination
was not available for the irrigation system that was installed in 2004. No suitable cover crop was
being maintained in the field. Vegetation consisted of a mix of weeds, clover and fescue with
many dead patches due to over -application.
3) No waste application records were being maintained. Specifically, 120 minute inspections were
not being conducted, weather codes were not recorded, weekly freeboard was not recorded,
inspections after one inch rainfall were not being conducted, waste and soil analysis were not
being conducted, crop yields were not recorded, calibration of waste equipment was not being
conducted, and IRR -1,2 and SLUR -1,2 forms were not completed. Checklists and design 1\o hCarnlina
- ✓rsasruusry
North Carolina Division of Water Quality- Asheville Regional Office 2090 U.S. Highway 70 Swannanoa_ NC 28778 Phone [phone]
Aquifer Protection Section FAX [phone]
Customer Service I-877-623-6748
Internet h2o.enr.state.nc.us
An Equal (3pponunity/Affimtative Action Employer- 50% Recydedlt 0% Post Consumer Paper

0 •
Small Acres Dairy
Page 2
12/13/2006
components were not available for review in the WUP. The Certificate of Coverage and Permit
were not available. Following the 2005 yearly inspection, a Notice of Violation (NOV) was issued
for non-compliance/insufficient record keeping.
4) The dairy is certified for 250 cows, but is currently milking 290. Any increase above the permitted
design should first include an application form or letter explaining the change in animal
population, an animal waste management plan certification for increase in population, an updated
Waste Utilization Plan and documentation/calculations confirming that the existing waste pond is
adequate for the increase.
5) Other areas of concern noted during the inspection were: The upper solids pond had a drainage
way to the lower liquids pond that is not addressed in the WUP structure design. There is no
freeboard marker in the upper solids pond. The concrete manure pit does not have a freeboard
marker.
On November 28, 2006, Bev Price, Ed Williams and Landon Davidson returned to the Small Acres dairy
to perform a follow-up inspection to try and verify the discharge from the cow loafing area to the stream
and to determine the drainage path from the solids pond to the liquids pond. During the inspection a
man-made discharge was discovered. Two hay bales were placed in the concrete drainage ditch (located
on the eastern side of the compound) to divert contaminated run-off away from the liquids pond and into
the stream 1 un -named tributary bordering the eastern side of the property. Manure was observed in the
stream adjacent to the hay bale diversion. Mr. Corn admitted placing the hay bales in the drainage ditch.
As a result of the discharge, there is a possibility for stream standard violations. An aquatic growth was
found in the un -named tributary that runs along Jeffress Road immediately downstream of the confluence
with the stream draining the Small Acres dairy property (see Attachment A). Samples of the growth were
sent to the Division of Water Quality Environmental Sciences Lab in Raleigh. Preliminary results identify
the growth as Leptomitus lacteus, also known as "sewage fungus". This growth is an indication of animal
waste and poor water quality.
Violations:
Failure to - prevent a discharge of pollutants to a stream (General Permit AWG200000
Section 11.); prevent water quality standard violation (General Permit AWG200000 Section 1
2`}; maintain and properly operate land application equipment and fields (General Permit
AWG200000 Section II 1.);'modify the CAWMP and COC prior to modification/increase in
annual design capacity of the facility (General Permit AWG200000 Section 14.); apply
animal waste at rates in accordance with your permit and Certified Animal Waste
Management Plan (General Permit No. AWG200000 Section 11 4.); prevent excessive
ponding during any application event (General Permit AWG200000 Section II 4`); test and
calibrate waste application equipment once in the first two years after issuance of the COC
and document results (General Permit AWG200000 Section 11 24.); monitor and record
freeboard levels (General Permit AWG200000 Section 111 2.); monitor and record
precipitation_ events (General Permit AWG200000 Section III 3.); conduct annual Standard
Saii,Fertility Analysis on each application field (General'Permit AWG2000WSedFon 1II 4.);
conduct ani all was analysis at least within sixty (60)days (before or after) of the date of
application (General Permit AWG200000 Section 1115.); record all irrigation and land
application events (General Permit AWG200000 Section 1116.); possess a copy of the
General_Permit, the facility's COC, certification forms, the CAWMP and copies of all
records required by the General Permit and the facility's CAWMP (General Permit
AWG200000 Section 111 10.).

Small Acres Dairy
Page 3
12/13/2006
Required Corrective Action for Violations:
1) Do not divert the flow of wastewater away from waste pond with hay bales or any other means.
2) You are to immediately contact the Henderson County Soil and Water Conservation District for
technical assistance in addressing the drop -box in the cow loafing area that drains to the stream.
Also, get assistance for installing a freeboard marker in the slurry pond and concrete manure pit.
3) You are required to get re -certified for an increase in the number of animals above that which you
are currently certified.
4) Contact a technical specialist to re -certify your slurry pond design as it appears to be different
from the original design.
5) Contact a technical specialist to obtain a wettable acre determination for the irrigation system
installed in 2004, as an updated determination does not appear to exist.
6) Remove the accumulated waste from the stream and land apply in accordance with your WUP.
Before removing waste from the stream, you must get approval from the DWQ Surface Water
Protection Section. Contact Kevin Barnett c/o DENR 2090 US 70 Highway, Swannanoa, NC
28778 (828/296-4657) and ask for approval.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items within ten (10) days of receipt of this Notice.
1. A detailed report outlining the steps taken to correct these violations.
2. Copies of any waste application records for 2006.
3. Please have the OIC for this farm include an explanation as to how these violations occurred.
4. Please have the OIC include a list of the steps that will be taken to prevent these violations from
occurring in the future.
The Asheville Regional Office is recommending an enforcement action against you for the above
referenced violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty
of not more than $25,000.00 per day per violation.
If you do not believe that enforcement is appropriate for these violations, please include a detailed, written
justification of why you feel that this office should not proceed with a recommendation for enforcement.
Again, this office should receive your response within ten days of receipt of this Notice. Information
submitted to this office will be reviewed and, if enforcement is stiil deemed appropriate, will be forwarded
to the Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Ed Williams,
or myself at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Aquifer Protection Supervisor
Attachments : Inspection Reports and Attachment A.
cc: APS AFO Unit
Jonathan Wallin— District Conservationist, Henderson County Soil and Water Conservation District,
999 High Country Lane Hendersonville, NC 28792
Jeff Young — DSWC, ARO
APS Central Files — Raleigh
APS ARO Files

Attachment A. - Small Acres Dairy photos

Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 450007 _ Facility Status: Active ^� Permit: AWC450007 _ El Denied Access
Inspection Type: Compliance Inspection inactive or Closed Date:
Reason for Visit: Routine County: Henderson Region: Asheville
Date of Visit: 10f31/2006 Entry Time:09:00 6M Exit Time: 11.00 &M Incident #:
Farm Name: Small Acres Dairy
Owner: Michael R Corp
Owner Email:
Mailing Address: 735 But Lae ltd _ Fletcher SIC 28732
Physical Address:
Facility Status: n Compliant E Not Compliant
Location of Farm:
Phone: 828-6§4-D.475
Integrator:
Latitude: 35'23'50" Longitude:
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment Waste Application
Records and Documents Other Issues
Certified Operator:
Secondary OIC(s):
Operator Certification Number.
On -Site Representative(s): Name Title Phone
24 hour contact name Michael R Com Phone: 82&684-0475
On-site representative Mike Com Phone:
Primary Inspector: Beverly Price Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Edward M Williams Phone:
Page: 1

•
Permit: AWC450007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Data: 10131/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Inspection Summary:
The waste management system and record keeping appeared to be poorly maintained. The following is a list of concerns:
(Items: #1, 2, and 3) - Animal waste was visible in the un -named tributary (Ut) bordering the east side of the property adjacent to the
spray irrigation application field. It appears the waste originated from the cow loafing area and cement drainage way. Water samples
taken show high levels of fecal coliform bacteria in the Ut. Dissolved oxygen was 0.56 mgll and the turbidity appeared high.
(Items: #11, 15, 16 and 18) -The spray irrigation field appeared to have excessive ponding of wastewater. Mr_ Corn indicated that he
had irrigated on Sunday 10129106. It does not appear that a wettable acre determination/irrigation design was obtained after the new
irrigation equipment was installed in 2004. Spray nozzle tripods were leaning over causing improper application. No suitable cover
crop was being maintained on the field. Vegetation consisted of a mix of weeds, clover and fescue with many dead patches due to
over -application.
(Items *9,19 and 21) -Required records and documentation were not being maintained. No waste application records were being
maintained. No 120 minute inspections were being conducted. No weather codes were recorded. No weekly freeboard was
recorded. No rainfall records were being recorded. No inspections after one inch rainfall were being conducted. No waste or soil
analysis was being conducted. No crop yields were recorded. No calibration of waste equipment was being conducted. No
Certificate of Coverage or permit was available. Checklists and design components not available for review in WUP.
(Item #7) -Solids pond does not have a freeboard marker. Solids pond drains to the liquids pond. According to the waste plan, the
solids pond does not appear to be designed to drain to the liquids pond. Concrete manure pit does not have a freeboard marker.
Page: 2

Perrnit AWC450D07 Owiier - Facility: Michael R Com Facility Number: 450007
Inspection Date. 10131/2006 inspection Type: Compliance inspection Reason for Visa Routine
Regulated Operations Design Capacity Current population
Cattle
Cattle - Milk Cow 250 290
Total Design Capacity: 250
Total SSLW: 350,000
Waste Structures
Type identifier Closed Date Start Date Designed Freeboard Observed Freeboard
Afaste Pond
LIQUIDS WSP
21.60
51.60
Afaste Pored
SOLIDS WSP
19.50
.00
Page: 3

improvement?
11. Is there evidence of incorrect application? ■ ❑ ❑ 0
If yes, check the appropriate box below.
Excessive Ponding? ■
Hydraulic Overload? ■
Frozen Ground? ❑
Heavy metals (Cu, Zn, etc)? ❑
Page: 4
Permit: AWC450007 owner - Facility: Michael R Com Facility Number:
450007
Inspection Date: 10/31/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts
Yes
No NA NE
1. Is any discharge observed from any part of the operation?
■
❑ ❑ ❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
■
a. Was conveyance man-made?
■ ❑ ❑
b_ Did discharge reach Waters of the State? (if yes, notify DWQ)
■
❑ ❑ ❑
c. Estimated volume reaching surface waters?
unknown
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
■
Q ❑ ❑
2. Is there evidence of a past discharge from any part of the operation?
■
❑ Q ❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
■
❑ ❑ ❑
discharge?
Waste Collection, Storage & Treatment
Yes
No NA NE
4. Is storage capacity less than adequate?
❑
■ ❑ ❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe
❑
■ ❑ ❑
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management 0
■ ❑ ❑
or closure plan?
7. Do any of the structures need maintenance or improvement?
■
❑ ❑ n
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
D
■ ❑ ❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
■
❑ ❑ ❑
improvement?
Waste Application
Yes
No NA NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
❑
■ ❑ ❑
improvement?
11. Is there evidence of incorrect application? ■ ❑ ❑ 0
If yes, check the appropriate box below.
Excessive Ponding? ■
Hydraulic Overload? ■
Frozen Ground? ❑
Heavy metals (Cu, Zn, etc)? ❑
Page: 4

•
•
Perurit: AWC450007. owner - Facility: Michael R Com
Inspection Date: 10/31/2006 Inspection Type: Compliance Inspection
Facility Number: 450007
Reason for Visit Routine
Waste Application
Yes No NA NE
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total P2O5?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Fescue (Pasture)
Crop Type 2
Fescue (Hay)
Crop Type 3
Small Grein Cover
Crop Type 4
Com (Silage)
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
❑ ■ ❑ ❑
Plan(CAWM P) 7
15_ Does the receiving crop and/or land application site need improvement?
■ ❑ ❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ■ ❑ ❑
17_ Does the facility lack adequate acreage for land application?
■ n n n
10. Is there a lack of property operating waste application equipment?
■ ❑ ❑ D.
Records and Documents
Yes No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
■ ❑ ❑ D
20. Does the facility fail to have all components of the CAWMP readily available?
■ ❑ ❑ F1
If yes, check the appropriate box below.
WUP?
❑
Page: 5

Permit: AWC450007 Owner - Facility: Michael R Com
Facility Number. 450007
Inspection Date: 10/31/2006 Inspection Type: Compliance Inspection
Reason for Visit: Routine
Records and Documents
Yes No
NA
NE
Checklists?
■
Design?
■
Maps?
I1
Other?
❑
21. Does record keeping need improvement?
■ ❑
❑
❑
If yes, check the appropriate box below.
Waste Application?
■
120 Minute inspections?
■
Weather code?
■
Weekly Freeboard?
■
Transfers?
❑
Rainfall?
■
Inspections after > 1 inch rainfall a monthly?
■
Waste Analysis?
■
Annual soil analysis?
■
Crop yields?
■
Stocking?
❑
Annual Certification Form (NPDES only)?
n
22. Did the facility fail to install and maintain a rain gauge?
❑ ■
n
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? Q ❑
■
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■ 0
Q
Q
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑ n
■
26. Did the facility fail to have an actively certified operator in charge?
❑ ■
❑
Q
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑ n
■
Cl
Other Issues
Yes No
NA
NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
❑ ■
❑
Q
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those 0 ■ ❑ Q
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air ❑ ■ ❑ El
Quality representative immediately.
Page: 6

LJ
•
_ . Permit: AM450001 Owner- Facility: Michael R Com Facility Number: 450007
Inspection Date: 10/31/20116 inspection type: Compliance Inspection Reason for Visit: Routine
Other Issues Yes No NA N£
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? D ■ D D
32. Did ReviewerAnspector tail to discuss reviewrinspection with on-site representative? D ■ o D
33. Does facility require a follow-up visit by same agency? ■ D D D
Page: 7

E division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 4500Q7 Facility Status: Active Permit: AWQ450007 ❑ Denied Access
Inspection Type: Com fi�ln5pection Inactive or Closed Date:
Reason for Visit: Follow -un County: Henderson Region: Asheville
Date of Visit: 11128/2006 Entry Time: 11:30 AM- Exit Time: 12:30 AM_ Incident #:
Farm Name: Small Acres Dairy _ Owner Email:
Owner: Michael R Com Phone: 7
Mailing Address: 735 Butler Bridge Rd _ Witcher NC 28732
Physical Address:
Facility Status: ❑ Compliant ■ Not Compliant Integrator:
Location of Farm: Latitude: 35°23'50" Longitude: 82"33'10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
N Discharges & Stream Impacts
Certified Operator.
Secondary OIC(s):
Operator Certification Number:
On -Site Representative(s): Name Title Phone
24 hour contact name Michael R Com Phone: 828-6B4-0475
Primary Inspector: Edward M Williams
Inspector Signature:
Secondary Inspector(s):
Beverly Price
Phone:
Date:
Phone:
Page: 1

Permit: AWC450007 Owner - Facility: Michael R Com Facility Humber : 450007
Inspection Date: 11/28/2006 Inspection Type: Compliance Inspection Reason for Visit: Follow-up
Inspection Summary:
The purpose of this follow-up visit was to try and verify discharge from cow loafing area to stream, and to determine drainage path
from slurry pond to liquids pond.
During the follow-up visit, the following was observed:
(Item #1) -A man-made discharge was discovered. Two hay bales were placed on the concrete drainage ditch to divert
contaminated run-off away from the liquids pond. Mr. Corn admitted placing the hay bales in the drainage ditch.
(Item #2) -Manure was observed in the stream adjacent to the hay bale diversion.
(Item #3) -Asa result of the discharge, there is a possiblity for stream standard violations. An aquatic growth was found in the
un -named tributary which runs along Butler Bridge (toad immediatly downstream of where the stream draining Mr. Corn's property
enters it. Samples of the growth were taken and sent to the DWfl Environmental Sciences Lab in Raleigh. Preliminary results identify
the growth as "Sewage Fungus" Leptomitus lacteus. This growth is an indication of animal waste and poor water quality.
Page: 2

Perinit: AWC450007 Owner - Facility: Michael R Com Facility Number : 450007
Inspection Date: 11/28/2006 Inspection Type: Compliance Inspection Reason for Visit;- Follow-up
Waste Structures
Type Identifier Closed Date Star[ Date Designed Freeboard Observed Freeboard
ste Pond LIQUIDS WSP 21.60
ste Pond SOLIDS WSP 19.5D
Discharges Stream Impacts
Yes
No NA
NE
1. Is any discharge observed from any part of the operation?
■
❑ ❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
■
a. Was conveyance man-made?
■
❑ ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
■
❑ Cl
❑
c. Estimated volume reaching surface waters?
unknown
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
■
❑ ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
■
❑ ❑
Q
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
■
❑ ❑
❑
discharge?
Page: 3

)vu)yu w vvS4 iuuv►utur r.tcuri auGw
Loc. Dow-, SMALL ACRES DAIRY - UT UPSTREAM WASTE STREAM Sample ID; A06 0317
i PO Number lI A060928
Location ID: HE_CORN_061031 02 Vieitlp
County: HENDERSON OF \NArFq Collect pate: 1013112006
River Basin Q� QG Collect Time:: 14:05
Report To AROAP yC
Region: ARO R E C E � � E D -i Date Received: 1013112006
Collector. B PRICE Y D` Time Received: 16:21
Sample Matrix: Surfacewator NOV 14 2006 Labworks LoginlD JSM
Loc. Type: RIVERISTREAM \`
Sample Depth f/ Date Reported: 1110912006
AsheVil 9 Regional Office "� Emergency YeslNo
Sample Comment Atlillier ProteCtfrin
COC Yes/No
Analyte Name PQL Result Qualifier Units Approved By
• ARO
Sample temperature at receipt by lab 3.7 'C MMATHIS
BOD, 5 -Day In liquid 2.0 2 U mglL CGREEN
Coliform, MF Fecal In liquid 1 19 CFU1100m1 CGREEN
Turbidity 1 1 U NTU CGREEN
Laboratory Section 1623 Mall Service Center, Raleigh, NC 276991623 [phone] ; Page 1 of 1

e
COIL liNO
MWI-
COP Low 3 15
IL
Coliform: MF Fecal 31616
IIDOml
Coliform: MF Total 31504
� l � + 7
!
11 DOW
Coliform: Fecal St7ep 3167)
IIOOml
Residus:Total 500
u L
Volatile 505
DIVISION
OF NVATRR QUALITY !� �
TILL
Residue: Sur ended 530
m
Volatile 533
awL
Fixed 540
Chr olstry Laboratory Report l Water Quality
H 403
until
Lab Numbs
Hr7►��� 3 ra
COUNTY�h
nNVL
PRIS1is1iX
—MWL
MWL
Alkslini In H 4.5 410
mj1L
DoeReuroed.
Time Received :
1b` 3s -0 j,
15:) I
RIVER BASIN.
NIU
—
AMBIENT
QA
z STREAM
EFFLUENT
Total Dison ed Solids
Received By
M
REPORTTO r
LAA2 43 A. Rtsionsimce
COMPLIANCE
CiIAINOFCUSTODY
[JIKE
INFLl1EiNI
Other
COLS.ECTORIS}:
i tL
❑ EMERGENCY
VISrT ID
ESTUARY
i
Data Released
Dace Report.d
Estimated BPD Range]
Statloa L catleaia:4r�
Seed:
Chl6611181ed:
Remarks: LA7t tj
I
6a klLeraliam Code
. Date Belie tmoldd)
Data End (yyfmmldd)
Tim► Bella
Time End
Depth - DM, pB, DBM
Value Type -A. H, L
Composil6-T, S,
sample Type.
I
.
4<b
BOp 710
COIL liNO
MWI-
COP Low 3 15
IL
Coliform: MF Fecal 31616
IIDOml
Coliform: MF Total 31504
f l olhnl
Coliform- lube Fecal 31615
11 DOW
Coliform: Fecal St7ep 3167)
IIOOml
Residus:Total 500
u L
Volatile 505
MIX
Fixed 310
TILL
Residue: Sur ended 530
m
Volatile 533
awL
Fixed 540
urnhoarcla
H 403
until
Acidity to H 4.3 436
mWL
Acidity to pH 3J 433
nNVL
Alkalinity m H 1.1 415
—MWL
MWL
Alkslini In H 4.5 410
mj1L
TOC 630
u L
Turbidity 76
NIU
Col ifarm Total Tuh■
'7100 mks
Carhonal•
rnWL
Total Dison ed Solids
TnWL
TI -Thallium
I u
Ti•Tdmium
u
Chloride 940
Chia:Tn 17211
.01.
Chl a' Cort 122D9
u L
Phvcphvlin a 32213
u
Color: True 90
e.0
Color: H ) 13 PH.
CA.
Calor: pH 7.6 32
a u.
C anids 720
u L
Fluoride 951
MIX
Fortnaldeh dr 7131D
MWL
Grease and Oils 5 S6
rnVL
liudneu Tmal 900
m
Specific Cond. 95
urnhoarcla
WAS 35260
TIL
Pbrnols32730
AL
Sulfate 945
nNVL
Sulfide 145
u L
B6wn
Tannin A Li in
u L
liexa+W—L Chromium
u
Bicarbonate
m
Carhonal•
rnWL
Total Dison ed Solids
TnWL
TI -Thallium
I u
Ti•Tdmium
u
N113 u N 610
TXN on N 63S
NO2 Plus NO3 BIN 630
SnIA
P: Total as P 665
m
PO4uP10107
morl-
P: Dissolved as P 666
-arL
K-Perasrium
nwL
Cd -Cadmium 1077
u L
Cr -Chromium Tutal 1034
u .
Cu- COPE -1 1 D42
u
Ni•Nickel1067
i u
Ph- Lead IOSI
u L
Zn- Zinc 1092
I u
V•Vandium
u
A&- Silver 1077
u L
AI -Aluminum 1105
uOfL
Be- Bety Ilium 1012
u L
Ca. Calcium 916
Ca- Cobalt ID37
u L
Fe, Iron 1045
Me -Molybdenum
u
Sb -Antinion
u
Sn•Tm
ULVL
TI -Thallium
I u
Ti•Tdmium
u
"W1611
nVA
COMMENTS:
r
IL
/Yv i •Y L. �
I
f
l
<
bill
bill,
(D_
M
___
�[(D
cats
3
0
CI)

r� Sample ID: ABI 0318
Loc. Descr.: SMALL ACRES DAIRY UT DOWNSTREAM PC Number # A060926
Location It): HE_CORN 061031_03 � visitio
CountyHENOER30N QF wAri� Collect Date: 1013112006
River Basin �Q� pG� Collect l7me:: 14:15
Report To AROAP ® C C
Region: ARO 7 Date Received: 10/31/2006
Collector: B PRICE NOV 14 2005 a Time Received: 15:21
Sample Matrix: Surfacewator (n\u Labworks LogInID JSM
Loc. type: RNERISTREAM ASheville Regional Office i Date Reported: 1110912006
Sample Depth A uifer Protoctinn �\
Sample Comment Emergency Yes/No
r COC Yes/No
na yto Name POL Result Qualiflor Units Approved By
•ARO
•
Laboratory Sectlona> 1623 Mall Service Center, Raleigh, NC 27699-1623 {919} 733-3906 1 Page 1 of 1

000 310
Te
CUD Hi 1740
_WL
U 3 i 1
I`
u
Cahfm m: M F Feed 31616
/ 100rri
Coliform: MF Toll 3 I SO4
11 OOod
Coliform tube Fecal 31615
DIVISION
Of WATER QUALITY
Residue: Total 500
m .
Vol stile SOS
m WL
Fixed 510
mWL
Chemistry
Laboratory Reporl/WeirrQuelkty
El
!
Fixed 340
LobNumbn
Date Rtceiued :
A
r
C OU14TY
`
+�'/�[Sf rxrl
��
P$�Q$[LY -�
Aridity to pli1 3 433
TWL
i
m
Tun R"eked :
i SJ I
RIPER BASIN:
u L
AMBIBM
QA
® SfREAM
EFrW1:N1
Carhenate
Received By
,din )
REPORT TO
?U Remonek office
COMPLIANCE
CHAIN OF CUSTODY
LAKE
I
C] iNFLU£NT,
!
Other t
EMERGENCY
VISIT ID
ESTUARY
I
Del& Released ;
COLLECTOR(S) :
V r i L -L
C�
Due Reported:
£sdm erect BUD Haegn
Station I.ocatloet_,..�IV �,�
T '•rt-�
eed:
Chkariaated;
Hrm.rks C4- I �l�-'•� •>• 1 ' -145. P"� W h)'�'l_
Station M1LoraRon Code.Date
rgla {yy7mmldd)
pate Lad ()Y1mmlddl
Tlmr Br11a Time End
Depth- UM, 110, DOM
Y.lae Type - A, 11, L
Cam pot He•'I', S.
Samplr ,Type.
000 310
Te
CUD Hi 1740
_WL
0017 Lou, 335
u
Cahfm m: M F Feed 31616
/ 100rri
Coliform: MF Toll 3 I SO4
11 OOod
Coliform tube Fecal 31615
11001n1
Colifolm:FtcalSlrc 31673
1100ml
Residue: Total 500
m .
Vol stile SOS
m WL
Fixed 510
mWL
Residue Su nded 110
MWL
Volatile SIS
n
Fixed 340
umhoalcm
H 403
units
Acidity la 114.5 436
TCL
Aridity to pli1 3 433
TWL
Al kalinity to pi11.14 11
m
• Alkalinity to pit 4.5410
m
TOC 610
u L
r.,tid 76
NTU
Coliform Total Tube
*AGOMIS
Carhenate
rnIVL
Total Diaaohed Solids
u L
Ti Tiianium
1 u
Hg, 1611
n
COMMENTS
Chloride 940
MIVL
Chia Tn 32217
u L
Chi ■. Con 32209
u
Ph h to is 32213
upL
Color: True 10
ca.
Color: ( II ) 13 IP
c u,
Cater: pII76 12
c u.
C anile 720
uILL
Fluoride 9S 1
m
Formaidehyde11110
m
Oreme and Oda 556
m
Hot dnees Total 900
mpg.
Specift Cited. 93
umhoalcm
MEAS 31160
! u
Phenols 12710
uWL
Sulfele 945
ug/L
! u .
Sulfide 741
mWL
Roron
v L
rammn Jc Lipin
u L
Ikxawltnl Chromium
upL
Bimbortate
m
Carhenate
rnIVL
Total Diaaohed Solids
u L
Ti Tiianium
1 u
Hg, 1611
n
M O W N 610
i rwL
TKN w N 625
I TYL
NO2 1us NO3 as N 61 O
m
P: Total as P 665
mgfL
PO4 as P10507
m
P Diasolred &1? 666
mUfL
K-Polusium
te
Cd- Cadmium 1021
uILL
Cr-ChromiumTmal 1034
! ujVL
Cu - Co er 1042
u 4.
Ni -Nickel 1061
i u
Pb• Lead 10S I
u L
Zn -Zinc 1092
u
V•Vanedium
! u
A Silm 1077
I u
Al- Aluminum 1105
ae-BiogIliu. 1012
ug/L
! u .
Co. Calcium 916
Co. Cobalt 1037
v L
F.- Iron 1045
u
Mo-Melybdmum
I UWL
Sb-Anlimon
t u
Sn•Tin
I u
T1.7h.1hum
u L
Ti Tiianium
1 u
Hg, 1611
n
Li.Lilhium 1132 UWL
Mir Ma esrum 921 m L
Mn-Manganer 1053
No- Sodium 929 mW1.
Anrnic:Tolal 1002 u
So- Selenium 1147 W,
H MercurY 71900 VWL
Ba -Barium uIVL
Orpnochlorino Pnticides
CAMoph.ophoms Perticides
Acid Herbicides
BarlNMrel&Acid Extractable Oipni�
TPN Diesel Ren
Furlixable Or ics ( VOA bottle r 'd
TPN Ouoline Rae
TPIVBTF ( Gasoline Ren
Ph Yo lanktan
T er.rure an .niwd {eCl,
a
T
I
I
a
T
C
S^
O
11,, H
rO
Cl)�
((D
F s
1 tl Il q
D 0
ewer
Z
O
`x'

Loc. Descr.: SMALL ACRES DAIRY WASTE STREAM TO UT
Location ID: HE CORN_061031_01
County: HENDERSON
River Basin
j
Report To
AROAP
Region:
ARO
Collector:
B PRICE
Semple Matrix:
Suriacewater
Loc. Type:
RIVER/STREAM
Sample Depth
CGREEN
Sample Comment
RECE !9E®
NOV 14 2006
Asheville Regional Office
Actl,.tl er Protection
ection IWesults
I
j
Sample ID:
AB10316
Approve d 8 y
. ARO
Sample temperature at receipt by lab
PO Number 11
A000924
MMATHIS
BOD, 5 -Day In liquid
VisitlD
42
mg/L
CGREEN
Collect Date:
1013112006
26000
CF'U1100m1
Collect Time::
13:55
1
Date Received:
Received:
1013112006
15:21
CGREEN
VTime
Labworks LoginlD
JSM
\ `
� L -j
1
Date Reported:
11!0912006
1
Emergency Yea/No
COC Yes/No
I
Analyte Name
eau t 0 ualiflor
Units
Approve d 8 y
. ARO
Sample temperature at receipt by lab
3.7 i
'C
MMATHIS
BOD, 5 -Day In liquid
2.0
42
mg/L
CGREEN
Colliorm, MF Fecal In liquid
1
26000
CF'U1100m1
CGREEN
Turbidity
1
65
NTU
CGREEN
0
I
(a
moo'CD
M
0
C"
0
m
I
Laboratory Section 1623 Mall Service Center, Ralolgh, NC 27699.1623 [phone] 1 Page 1 of 1

COi)NTY
; Yy-
RIVER WIN t
E=1
REPORT TO
�2 0 Reponal Office
Other :
COLLECTOR(S)
I100m1
Etnimatsd BOD Reye.
&-d:
Chlortneted:
n R1Lorailan Code.
Oats Relic (yyfmmlddi
tloorw
4
Qin lip J1I
Volatile 503
e1.
BOP ] to
mWL
COO High 340
ujVL
COD Low 335
OF WATER QUALITY
Coliform. MF Pacal 11614
I100m1
Coliform: MF Total 31 Me
1100m1
Coliform'. tuba Fara! 11615
11 o0nd
Coliform. fKal Birep 31673
tloorw
Relidur.Iand 500
E] COMPLIANCE
Volatile 503
LAKE
Filed 510
MWL
Residue: Suspended 510
mW1.
Volatile 535
L
Fiats 540
ffwL
H 403
A;Idity to elt4.5 436
units
Acidity to pH 1.3 433
l
Remarks: W &SA -,e
Alk"il to 111,1 W
mlfi,
Alkalin!to pil4.5410
mivL
TOC 680
ffvt
Turbidity 76
Coliform Total Tube
NTU
'1100 mis
Bicarbonate
-1/L
Cubanate
m
T'mal Dimly d SaWa
m&fi.
Sn-Tin
uLVL
Chloride 940
O 1u 311&
ujVL
DIVISION
OF WATER QUALITY
Phm h in a }2213
u
Chemistry Lahorstery Report ( Wow Quality
SAMPLE TYPB
Calor. ( H) 11 pfl.
PPJOR LY
AMBIENT
QA
® STREAM
EFFLLWXr
E] COMPLIANCE
to 0WNOFCUSTODY
LAKE
INFLUENT
EMERGENCY
VISiTID
C3 ESTUARY
Ilardneu Total 900
mWL
Specific rend. 95
umho✓cm
Station Loradoar—Sp,4: J1 _ F�(/LS &; � Y
i
Phenols 32730
l
Remarks: W &SA -,e
r
�{ lf(E:rr1 �"u LCr
mlfi,
a End (rilmmlddi
Time Baltic
Time End I
Depth - OM. PB, PBM
Value Type • A, It, L
Chloride 940
Chi cTri 32217
ujVL
Chi a, Corr 32209
upfL
Phm h in a }2213
u
Calor: True So
c U.
Calor. ( H) 11 pfl.
c U.
Color: pH 7.6 12
c u_
C &nide 730
me
Fluoride 911
ITWL
Formaidahyde 71130
uwL
Basals and Ods 556
mWL
Ilardneu Total 900
mWL
Specific rend. 95
umho✓cm
MBAS 39260
m
Phenols 32730
UJI
Sulfate 94S
mlfi,
Sulfide 145
TnwL
Boron
Tannin $ Li in
ujfL
)lexanlertt Chromium
ujVL
Bicarbonate
-1/L
Cubanate
m
T'mal Dimly d SaWa
m&fi.
Sn-Tin
uLVL
'n -Thallium
v
Ti -Titanium
upOL
NH} as N 610
7904 an H 621
NO2 pIusNO3atN630
- In
P: Total as P 66S
PO4 u P 70507
rnIvL
P: Diuolved as P 664
K•Porusium
5--1
Cd. Cadmium 1027
uLyl.
Cr-ChromiumToaal 1034
v L
Cu, Coppa 1041
uwL
Ni•Nael 1067
ulR.
Pb- Lead 1031
uWL
2n•7.inc 1097
u L
V•Vanadium
ujfL
A& -Sika 1077
u
Al. Aluminum 110S
u I.
Ba- Dcryllium 1012
ujVL
Ca-Calciutn 916
Co. Cobalt 1037
u 1.
F& Iron 1043
-1/L
Me -Molybdenum
ujVL
Sh•Antimany
u
Sn-Tin
uLVL
'n -Thallium
v
Ti -Titanium
upOL
Hjr 1631
1 raft.
Lab Number : A 4604 4
Date Re -cf : i P' It -46
Time Rereiwd : i S a I
Recei\nd By : rms
Pm Releaac4 :
Oats Reported
Composite -T, S. Sampte
17 ".
Li -Lithium 1112 ull
M hl enum 927
Mn-Manpnew 1053 ukVL
Na. Sodium 929
'1101-
Arwitic.Total 1002 u
Se• Selenium 1147 ugfL
Hr Macu 71900 u
Ba-Duium ulyt.
otpnochlannc pesticides
Orpnophogphoirws Penicidu
Arid Ilerhicides
BaxlNevtr l&Acid Eatractahle Organs,
TPH M -sal Ren
Pur le Ot ics (VOA bottle i 'd)
PH Gasoline Ran
TMVBTEX Guoline Ran
Phy�o Ienkton
Temperature an auri•a! 3,7
7
CI}�
5--1
6
:10
G
q ¢3
C7J
O
C7

DIVISION OF WA'T'ER QUALITY A G 1 V 311P
-I
norl310
Chemitiry Laboratory Report 1 Water Quality
mr)L
MD I ligh 340
lab Number ; pucof l J 4
ffift-
COU Low 335
a 1.
0 566iPLCnrE
Cullrunn.Nil: Fecal 3161G
a 6 UCiO
Uate Received : ! V ` 21.817
COUNTY ,
f'lsJ(IR[l y
II00ml
C.uliform. tube Fecal 31615
Fluoride 951
11 00m
Time Received
RIVER BASIN :.1�1.
AMHIIiNT'
?A
STREAM
F!lri'LUI?NT
Valatde 505
Receited By
HFPORTTO : 8 U It era nal Office
COMPLIANCr
� CItAINOPCUSTODY
E] LAKE
0 INPLLWINT
mg(L
mg//I.
01her pp r�
COLLE:L"1'OR(S) •l7. 1'rll{
F.MF.RGFiNCY
VISIT It)
F:S111ARY
ujVL
rng/E.
E1403
Carbuncle
llata Released TM.�
Acidity to Eli 4.5 416
mall,
Alililly In pU 8.3 4 35
ity to pli 8.3 41 y
mg(L
nlp/l.
A miry to pil 4.5 410
Nue Reparted:il'/b11;00
Estimated ROD Ransr:
Slrtlloa I.oralion: SR'`� M
flljrLS 4-�`l'
' ,�
NM
See Cfilorinaledr
Remarks: F }dS-4•L
Ie(am }(] LL,r
16 1a110n rolion Cade
Date Bryon tyylmmlddY
(late End (yy/mmlddI
Time Begin
Time End
Depth - DRI, DD, DHrd
Value Type - A, II, 1..
{;omparhe-1'. S,
Sample Type.
fJL_L:_Ifn(:Ya1o3)
C)W !111131
13i'i5
I
1
Care -{s
-I
norl310
4 it
mr)L
MD I ligh 340
Chi a. Corr 12209
ffift-
COU Low 335
a 1.
my/l.
Cullrunn.Nil: Fecal 3161G
a 6 UCiO
/100-1
C,difunn: MP Total 31504
cu,
II00ml
C.uliform. tube Fecal 31615
Fluoride 951
11 00m
Colifulm.Fecal Su A1611
r-111,
!100-1
Residue: TV 015 00
L
Valatde 505
umhas/cm
mWL
mg/L.
Fixed 510
Sulfate 945
rng/L
Residue Suspended 510
mg(L
mg//I.
Valanle 515
Tannin & l4ioin
myjL
Fixed 5411
ujVL
rng/E.
E1403
Carbuncle
units
Acidity to Eli 4.5 416
mall,
Alililly In pU 8.3 4 35
ity to pli 8.3 41 y
mg(L
nlp/l.
A miry to pil 4.5 410
tool.
'I (X; 680
nVA,
1urbidil y 76
' ,�
NM
C'nitfurni'Fotal Tube V100 nils
Chlerido940
-Af-
Chi a Tri 32217
U 1,
Chi a. Corr 12209
ug/L
Phew hylin a 32211
a 1.
Color. True 80
cu
Calor. (pit ) 83 PIP
c u.
Color: pli 7.6 82
cu,
C Vanide 720
MWI,
Fluoride 951
MWI.
Formaldehyde 71880
r-111,
rnease and ON SS6
mall.
Ilardness Total 900
m L
Specific Cand. 95
1NRAS 38260
umhas/cm
mWL
Phrnals 32730
ug7L
Sulfate 945
mSfL
Sulfide 745
mg(L
Horan
08%1.
Tannin & l4ioin
u L
Hexavalent Chromium
ujVL
Bicarbonate
mwl,
Carbuncle
mWL
'Fatal Dissolved Solids
mall,
N113 as N 610
-Af-
T"an N 625
man-
NO2 plus NOT as N A 3 D
mall.
P; Total as P 665
111110-
.PO4
PO4 w p 70507
P; DismFvtd as P 666
MRA,
mglL
K-Patassium
Cd • Cadmium 1027
Cr-C.hrnmium Total 1014
nvfL
awl,
UO,
Cu- Copper 1042
ugll.
Ni -Nickel ID67
ue/L
Pb -Lead 10S
Zn -Rine 1091
uEVL
u L
V -Vanadium
uWL
Ag- Silver 1077
Uet,
Al. Aluminum 1 HIS
ugll.
ne- Beryllium 1012
ugli,
Ca- Calcium 916
L
Co- Cobalt 1037
uylL
Fe- hon 1045
ugil.
Mo -Ma] bdenum
08%1.
Sb -Antimony
Sn-Tm
TI -Thallium
Ti -Titanium
ugll.
ug/L
ugll.
u
it 1631
nFVL

, e
Eslimmrd ROD Range:
Chlarinaled:
DIVISION OF WATER QUALITY b 3 1 %
Chemistry Laboratory Report I Water Quality
❑ �ra.�afr�
Pfjlu[tIT]C
❑ AMRIriNT ❑ QA SFRSAM ❑ E3ppLI7ENr
❑ COMPLIANC11 CHAIN OF CUSTODY ❑ I.AK9 ❑ INNwrNT
❑ F.MI4RGIiN(,Y VISrf'll) ❑ IS1UARY
Station 1,atalian
Remarks: star r•'t o S t tom! 1k
Lab Number : AoLoel,) S
Dole Received: (A-;1.00,
Time Received: 1 5 3 S
Rtcei.rd By : P%S
Data Released : JA j
Dale Reported: if./b-4JV
Sldian OLacal ion Cade DaleRglmmfdd) DatrYnd (plmmldd) Time De in_ Time End Depth - DM, IA, DRM Volae TYpa- A,11, I, Cnm osiltT, S, Sam l.TYpe.
110D 310
3 fJ mg1{,
IVVE
l 4-.
It
RIVh:R BASIN:
uw1.
REPORT TO
Regianal Ofrict
Oiher
! t 00MI
COld.rL`TOR(S) :
i t�
Eslimmrd ROD Range:
Chlarinaled:
DIVISION OF WATER QUALITY b 3 1 %
Chemistry Laboratory Report I Water Quality
❑ �ra.�afr�
Pfjlu[tIT]C
❑ AMRIriNT ❑ QA SFRSAM ❑ E3ppLI7ENr
❑ COMPLIANC11 CHAIN OF CUSTODY ❑ I.AK9 ❑ INNwrNT
❑ F.MI4RGIiN(,Y VISrf'll) ❑ IS1UARY
Station 1,atalian
Remarks: star r•'t o S t tom! 1k
Lab Number : AoLoel,) S
Dole Received: (A-;1.00,
Time Received: 1 5 3 S
Rtcei.rd By : P%S
Data Released : JA j
Dale Reported: if./b-4JV
Sldian OLacal ion Cade DaleRglmmfdd) DatrYnd (plmmldd) Time De in_ Time End Depth - DM, IA, DRM Volae TYpa- A,11, I, Cnm osiltT, S, Sam l.TYpe.
110D 310
3 fJ mg1{,
comilgh 740
I.
0011 Low 335
uw1.
Colifo0n ME' Fecai 31616
II c*ml
('uf i fOrm, AI P Total )1504
! t 00MI
Ce li farm: lube Fecal 3161.5
1100m1
Coliform Fecal Strep 31673
1100ml
Residue.T.1al Soo
mgfl,
Vnlalile 505
nilVL
Fised 510
n1o,
_
Residue: Suspended 330
ma/,
Volutile 535
mp11.
Fixed 340
FIVA.
kl 4(13
voila
i Acidit to 114,5 436
mWL
yto pit 1.3435
matt,
init la II 8.3 415
rnWL
Alk&linil m 114.5 410
mgJ1.
i QC 680
nWL
Turbidity 76
NIU
Cal iform Total Tube
'1100 ml s
Sb-Anumnn
uW!,
Sn-Tin
uglL
TI -Bial l iurn
u
Ti-Tilanium
ugll,
I 1631
n
COMMENTS: �1"
Chloride 940
MO.
Chia Tri 32217
u L
Chi 4 Con 32209
uw1.
Pheophyi in a 32213
u I.
Color: True an
c.u,
1. Color: (PEE 1 87 p1l.
m ,
Color. FEE 7,6 82
au,
C anide 120
ma1L
Fluoride 951
mglL
Formaldehyde 71 880
m
Grease and Olt 556
m 1.
llardnea Total 900
m
Specific Cand. 95
MHA -S 38260
umhuarcm
Phenols 32730
0011,
sulfate 94 5
sulfide 743
Trig,/,
m L
E1ar0n
u
Tannin &;j0pin
u L
I letavident Chromium
u
Bicarbonate
m
Carbonate
m
Total Dinahed Solids
mall.
Sb-Anumnn
uW!,
Sn-Tin
uglL
TI -Bial l iurn
u
N113 &511610
mg1L
TKN an N 625
null,
NO2 plusNO3asN630
me,
P: Total as P 66S
MWI,
POA ASP 70507
M11/1 -
,P.
P. "solved as P 666
m ,
K -Potassium
-01
Cd -Cadmium 1027
UPIL
Cr -Chromium Total 1034
ug1L
Cu- Copper 1042
u L
Ni -Nickel 1067
1101.
Pb -Lead 1051
uHjL
Zn -'Linc 1092
u
V•Venadium
upL
Air Silver 1077
ug1L
Al. Aluminum 1105
u
Eft- Iitryllium 1012
rr I.
Ca. Calcium 916
MWI,
Co. Cuba11 1037
UW[,
Fr Item 1045
IL
Ain -Molybdenum
u
Sb-Anumnn
uW!,
Sn-Tin
uglL
TI -Bial l iurn
u
Ti-Tilanium
ugll,
I 1631
n

:nUNTV
IIIIU 310
{ VER. BASIN:
�
IRPORT 101
Regw,ul Uake
]thlr ;
°1
Color; Prue 00
jLLL
:sllmalnl 1101) I(anev
ChlnrinalrA:
DIVISION OF WATF,It QUALITY A'•�� U V9
Chemiatry Laboratory Reparl I Wa{erQuality
❑ sA�leti��c�
PS1ufAIl.1L -,
❑ AMBDENy ❑ QA ® STREAM ❑ EFFLUENT
❑ COMPLIANCEi CHAIN OF CUKrODY ❑ LARF ❑ IN1I.1JUNf
❑ CNIF1101iNCY viSrrll] ❑ L'STUARY
. IBJ
Station l.ocaliaa:�TY.c�.jl A 6
Remarks: f I �pia�.^, t"r� P• 1"~ W ��
LahNumber :
Vale Receivrd : i O
Tithe Ret:ei,.d :
Ilo"wed By : r� S
Doha lWe mod : fM 5
DaleReporled: f1-1tYOb
1slion RlLorslion Code Date'gin {yy(mmldd) Dale End Oylmm/dd) Time Begin Time End Depth - DM, DB, 1) am Value Type- A, II, L Composite -T. S, Sampit Type.
I} _111i"n .t,1, Q.J 1 .L'� i��s; 1 10 I1?i 1 1 1 114 i l l I i I e, 70
1K
IIIIU 310
r] t •�
n'SA.
Chi a; Carr 32289
CODITi 1310
Pheo Itylin a 32211
mei.
Color; Prue 00
CC1U Low 335
Color(ell) 81 Ir'
n'rll.
Cufoc'Mfi 92
CA(vir l: Nil! I'mot 31616
i V(3
/100ml
Fhrnrida 95 1
Col i rmm: M F Total 31504
fonnewhyde 71 Ia0
l I Moil
['"ease end Oils 556
Coi,fnrin tube l'tenl 31615
IEaldnew Total 900
11 Ooml
Specific Cond. 95
WAS 39260
Cc hform. I.ecal Slirp 31671
Phenols 32730
1100m1
Sulfate 945
A esidum Total 500
SoIfida 745
ml/l.
(loran
Volatile 505
Ca- Calcium 916
mp/I.
llexaralent Chromium
E•ixed 510
Bicabonate
nqR.
_
Itesrdue Sur remm 5311
Total Dissnl,xd Solids
m 1.
-Tin
Volatile 535
—An
'TI -Thallium
nw/L
_
Fixed $40
,fig -1631
mgfl_
d1401
nniti
Acidil In 114.5 436
MV/1.
_�
n IIL3415
n
ly In lla]Ili
mpli.
_
Alkal in it fu ,Iia.S 410
m
T
lUC6a0
In?&
roibidoy 76
,
rr111
Cohrotm Total 1 -"be
'7100 17,14
OAIPUNTS
Chloride 944
mgLL
Cbl a. Tti 32217
u I,
Chi a; Carr 32289
urlL
Pheo Itylin a 32211
ugJL
Color; Prue 00
C.u,
Color(ell) 81 Ir'
C.U.
Cufoc'Mfi 92
Cu
Cyanide 720
Mil,
Fhrnrida 95 1
m
fonnewhyde 71 Ia0
m
['"ease end Oils 556
mpft,
IEaldnew Total 900
mWL
Specific Cond. 95
WAS 39260
umhoslcm
m L
Phenols 32730
ur/L
Sulfate 945
rnwI.
SoIfida 745
ml/l.
(loran
a i-
Ca- Calcium 916
41,
llexaralent Chromium
a i.
Bicabonate
m
Carhonsto
mg11,
Total Dissnl,xd Solids
MWL
-Tin
ue.
—An
'TI -Thallium
uall.
Is -Titanium
u L
N113 u N 610
mgLL
TION an N 625
mr1L
NO2 plus NOl si N 630
mgrl.
P: Tntal as P 665
m .
P(M No P 70507
m
P: Uissultixd as P 666
m
K•Palnssi,rm
t L
Cd-Cadrmum 1027
up/I,
Cr-Chronuum To1a11o34
a 1,
Cu- Cneliff 1042
ulvI,
Ni•Nwkei 1067
owl.
Ph -lead 1051
u L
7n -Zinc ID92
u
V-Vanndium
u
Ap Silrm 1077
u�l.
Al- Aluminum 1105
owl,
lie- Re llium 1012
a i-
Ca- Calcium 916
41,
Cit- Coball1037
owl,
Fe- lion 1045
u t_
hio•Mol bdanum
u ,
Sh-Antimnn
u
-Tin
ue.
—An
'TI -Thallium
uall.
Is -Titanium
u L
,fig -1631
ngL

Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 45OQ07 Facility Status: Active Permit, 007 _ _ ❑ Denied Access
Inspection Type: ComrAiance lcsction_ Inactive or Closed Date:
Reason for Visit: Routing County: Henderson Region: Asheville
Date of Visit: 10131/2006 Entry Time:09:Q0 AM Exit Time: 11:00 AM Incident tf:
Farm Name: Small Acmes Dairy _ Owner Email:
Owner: Michael R Gam Phone: [phone]
Mailing Address: 735 Butler Bridge Rd - Fletcher NC 28732
Physical Address:
Facility Status: ❑ Compliant ❑ Not Compliant Integrator:
Location of Farm: latitude: 35°23'50" Longitude: 82°33'10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
Discharges 8 Stream Impacts
Records and Documents
Certified Operator:
Secondary OIC(s):
Waste Collection 8 Treatment © Waste Application
Other Issues
Operator Certification Number.
Onsite Representative(s): Name Title Phone
24 hour contact name Michael R Com Phone: [phone]
On-site representative Mike Com Phone:
Primary Inspector: Beverly Price Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
S ` �CPb1�oU-� �(3r , C t �_} •d.� �iGr� p
A.,I a -f r� l��ajt �j�}�� ^� dt
Ir.. a ,0o,r J'
ff��tt s �J j � 1iJ
Page: 1

0 0 r
Permit: AWC450007 Owner - Facility: Michael R Cam Facility Number: 450007
Inspection Dake: 10/31/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
�aste Pond
LIQUIDS WSP
21.60
r
•1scY
'�. �?.
k1ste Pond
SOLIDS WSP
19.50
r
Sp,.CX LsaS? rOrw-e S S�COrv- N-1.k�1\r-b PC,C-lO-f-
Cvcre \ k%, rv. 1�-�rc, 19 �UWS
d
N
Page:2

Permit AVVC450007 Owner - Facility: Michael R Com Facility Number. 450007
Inspection Date: 10/31/2006 Inspection Type: Compliance Inspection Reason for Visit: Routine
,r Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? 0 ❑ ❑ ❑
Discharge originated at:
Structure ❑
Application Field �►L(� ❑
Other P!A-.h(j 51rfA - ac}���t✓� P
a. Was conveyance man-made? Wig IB ❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ) 91111 ❑
2. is there evidence of a past discharge from any part of the operation? 10 JC ❑ ❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a a- ❑ Q Cl
discharge?
Waste Collection, Stora a Treatment Yes No NA NE
Jo-,ti.4
4. Is storage capacity less than adequate? U 4 r `5 000 ❑
If yes, is waste level into structural freeboard? ❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe ❑ 9 ❑ ❑
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ ❑ ❑
or closure plan? 1
7. Do any of the structures need maintenance or improvement?Lrl,nv D /?u��l I� C) C)Q
0
�-e lrti �'
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
improvement?
Waste Ap Irp 'cation
10. Are there any required buffers, setbacks, or compliance altemafives that need maintenance or
improvement?
11. Is there evidence of incorrect application? S
If yes, check the appropriate box below.
Excessive Ponding? t rXS� - C, `' }°`� v ^ 5
Hydraulic Overload?
Frozen Ground?
0000
9 ❑ ❑ 0
Yes No NA NE
❑0011
Heavy metals (Cu, Zn, etc)? j 1 ❑
5 C''�-I, IIC:ZZM1- f� M6.,.�-�.� �� ��j r S�^�c:+•�,� �F 1 N i � _ -_- •'-• - --
W is �-� c S(; )J Page: 3
1 t {-
'•n� 1 �• c �_• � - �•�F c� wc,�`<, c�oJQr, �4�c_��, l�Ciy.2,1�.�.�,�- .S
�ov?r--r,,e

Permit: AWC450007
Inspection Date: 10/31/2006
Owner - Facility: Michael R Com
Inspection Type: Compliance Inspection
Facility Number: 450007
Reason for Visit: Routine
Waste Application
res No NA N
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total P205?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1 FeSciL: - PA.S�,r�
Crop Type 2 F F"' -( - J
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
❑ ❑ ❑ ❑
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement? lip ❑ ❑ ❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? a ❑ n n
17. Does the facility lack adequate acreage for land application? D A t �, Aesu 1. ❑ ❑ El18. Is there a lack of properly operating waste application equipment? 7--4u4 f7Z &f4�4 1- 0 ❑ ❑ 0
Records and Documents Yes No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available? 4.9 0 n ❑
20. Does the facility fail to have all components of the CAWMP readily available? go ❑ ❑
If yes, check the appropriate box below.
WUP? t1 (L
❑
Page: 4

Pennf - AWC450007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 10/31/2005 Inspection Type: Compliance Inspection Reason for Vista• Routine
Records and Documents Yes No NA NE
Checklists? ❑
Design? ❑
Maps? O ❑
Other? ❑
21. Does record keeping need improvement? 10 ❑ ❑ ❑
If yes, check the appropriate box below.
Waste Application? l jc� :�O� I F Z , S�f� 1� SLUE
120 Minute inspections?
Weather code?
Weekly Freeboard?
Transfers? )VA Jia 40
Rainfall?
Inspections after> 1 inch rainfall & monthly? G9
Waste Analysis?
Annual soil analysis? �� CC) A
Crop yields? 9
Stocking? I74AJA ❑
Annual Certification Form (NPDES only)? ❑
22. Did the facility fail to install and maintain a rain gauge? ❑ 100
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? ❑ ❑ 6 ❑
24. Did the facility fail to calibrate waste application equipment as required by the permit? 0 ❑ ❑ ❑
25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ❑ JP ❑
26. Did the facility fail to have an actively certified operator in charge? 4 -IJ -k .'►'5 #" ig ❑ ❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ il ❑
V— Nn NA NF
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ❑ ❑ ❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ❑ ❑ ❑
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concem? If yes, contact a regional Air ❑ Cl ❑ ❑
Quality representative immediately.
Page: 5
0

Permit: AWC460007 Owner - Facility: Michael R Com
Inspection Date: 10/31/2006 Inspection Type: Compliance Inspection
Other Issues
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewer/inspector fail to discuss review/inspection with on-site representative?
33. Does facility require a follow-up visit by same agency?
0 0
Facility Number: 450007
Reason for Visit: Routine
Yes No NA NE
00❑❑
0011❑
00❑11
Page: 6

QF W ATERp Michael F. Easley, Governor
• • William G. Ross Jr., Secretary
r North Carolina Deparnnent of Environment and Nattual Resources
O 'C Alan W. Klimek, P.E. Director
Division of Water Quality
Aquifer Protection Section
October 27, 2005
CERTIFIED MAIL 7002 2410 0006 2900 4131 rbihyt4
�' 7002 2410 0006 2900 3967
RETURN RECEIPT REQUESTED L ;CDS
Mr. Mike Cam
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
Compliance Inspection
Animal Waste Handling System
Small Acres Dairy — Facility # 45-7
Henderson County
Dear Mr. Com:
On October 20, 2005 Beverly Price of the Division of Water Quality's Asheville Regional
Office conducted a routine compliance inspection of the Small Acres Dairy. Although the waste
handling system appeared to be well maintained and the record keeping system has improved
from the last inspection, your records remain deficient and non-compliant.
Ms. Price noted that your waste application records were not complete. Specifically, the
IRR -2 and SLUR 1 & 2 forms have not been completed and as such, PAN balances have not
been calculated. A waste analysis was not obtained for the applications in the spring of 2005.
A waste analysis should be collected within 60 days of application. Furthermore, you are not
recording freeboard levels in the waste holding ponds, and a waste level marker should be
installed in the solidslsluny pond. The above referenced items are violations of your CAWMP
and General Permit AWG200000. Please respond to this office within 15 days of receipt of this
notice indicating what measures you have taken to address these violations.
In addition, the revised State General Permit contains several new records
requirements. Please ensure that the following items are also documented: 1)120 minute
spray irrigation inspections, 2) Weather codes, 3) Crop yields, 4) -Waste pond inspections
after a greater than one inch rainfall and monthly waste pond inspections, 5) Rainfall, 6) Waste
application equipment should also be calibrated and documented. It is recommended that you
contact the Henderson County NRCS for assistance with calibration.
Carolina
;IValuru!!y
North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Aquifer Protection Section FAX [phone]
Customer Service 1-877-623-6748
Invmet h2o.enr.st3te.nc.us
An Equal DpporiustitylAifimotive Acion Employer — 50% Recyclad110% Post Consumer Paper

o�oF w A rF9oG
4 -r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Aquifer Protection Section
October 27, 2005
CERTIFIED MAIL 7002 2410 0006 2900 4131
RETURN RECEIPT REQUESTED
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
Compliance Inspection
Animal Waste Handling System
Small Acres Dairy — Facility # 45-7
Henderson County
Dear Mr. Com:
Alan W. Klimek, P.E. Dinxtor
V`Division of Water Quality
E � �
On October 20, 2005 Beverly Price of the Division of Water Quality's Asheville Regional
Office conducted a routine compliance inspection of the Small Acres Dairy- Although the waste
handling system appeared to be well maintained and the record keeping system has improved
from the last inspection, your records remain deficient and non-compliant.
Ms. Price noted that your waste application records were not complete. Specifically, the
IRR -2 and SLUR 1 & 2 forms have not been completed and as such, PAN balances have not
been calculated. A waste analysis was not obtained for the applications in the spring of 2005.
A waste analysis should be collected within 60 days of application. Furthermore, you are not
recording freeboard levels in the waste holding ponds, and a waste level marker should be
installed in the solids/slung pond. The above referenced items are violations of your CAWMP
and General Permit AWG200000. Please respond to this office within 15 days of receipt of this
notice indicating what measures you have taken to address these violations.
In addition, the revised State General Pen -nit contains several new records
requirements. Please ensure that the following items are also documented: 1) 120 minute
spray irrigation inspections, 2) Weather codes, 3) Crop yields, 4) Waste pond inspections
after a greater than one inch rainfall and monthly waste pond inspections, 5) Rainfall, 6) Waste
application equipment should also be calibrated and documented. It is recommended that you
contact the Henderson County NRCS for assistance with calibration.
North Carolina Division of Water Quality - Asheville Regional Office 2094 U.S. Highway 74
Aquifer Protection Section
Customer Service 1-877-623-6748
Intzrnet h2o.em.state.nc.us
An Equal OpportrmitylAfrimiative Action Employer - 54% Recyded110% Post Consumer Paper
IVa ° Carolina
�urally
Swaratanoa, NC 28778 Phone [phone]
FAX [phone]

Mr. Corn
October 26, 2005
Page Two
Lastly, it is my understanding that an updated waste plan reflecting your new spray
irrigation equipment and wettable acres has been prepared by the Henderson County NRCS. It
is recommended that you obtain a copy of the revised waste plan. You should also have a copy
of your Certificate of Coverage and General Permit available for review.
A copy of the inspection report with additional comments is attached for your records
and review. If you have any questions regarding this inspection or need assistance with
required forms/record keeping, please do not hesitate to contact Beverly Price at (828) 296-
4500.
Sincerely,
G. Landon Davidson
Regional Aquifer Protection Supervisor
Enclosures
Cc: Jonathan Wallin, Henderson County NRCS 61 Triple Springs Rd. Hendersonville, NC
28792
Aquifer Protection Section Central Files — Keith Larick
Aquifer Protection Section Files ARO

•
E Division of Water Quality
J� Division of Soil and Water Conservation
❑ Other Agency
Facifity Number: 450007 Facility Status: Active Permit: AWC450007 ❑ Denied Access
Inspection Type: Comoliano Inspection Inactive or Closed Date:
Reason for Visit: Routine _ _ _ _ _ County: Hen ers n Region: Asheville
Date of Visit: 10120/2005 Entry Time: 10:00 AM Exit Time: 12:15 PM I Incident #x:
Farm Name: Small Acres ai Owner Email:
Owner: Michael Cern _ _ Phone: [phone]
Mailing Address: 735 Butler Bridge Rd Fletcher NC 28732
Physical Address:
Facility Status: n Compliant ❑ Not Compliant
Location of Farm:
Integrator:
Latitude: 35°23'50" Longitude: a2,°33'10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
Discharges & Stream impacts Waste Collection & Treatment Waste Application
Records and Documents Other Issues
Certified Operator:
Secondary OIC(s):
Operator Certification Number:
Onsite Representative(s): Name Title Phone
On-site representative Michael R Com Phone: B28-084-0475
24 hour contact name Michael R Com Phone: [phone]
Primary Inspector: Beverly Price Phone:
Inspector Signature: �' > Date: �6l
Secondary Inspector(s):
Phone:
Phone:
Page: 1

Permit AVVC450007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 10!2012005 Inspection Type: Compliance Inspection Reason for Visit: Routine
Inspection Summary:
7. One large groundhog hole was observed on the dam of the liquid pond. The groundhogs should be removed as soon as possible.
8. Solids pond does not have a marker. A marker should be installed.
19. Permit and Certificate of Coverage were not available.
21. IRR -2 and SLUR 1 & 2 Forms were not filled out, PAN balances were not calculated. There were no records for 120 minute
inspections, weather codes, weekly freeboard, rainfall, waste pond inspections after a > 1" rainfall and monthly, waste analysis for
2005 applications, crop yields.
24. Waste application equipment should be calibrated.
Soils Analysis: 11/10t2004;3/30/2005
Waste Analysis: 11/1/2004 -Liquid N=0.43 lbs./1000 gal. for irrigation, N=1.9 lbs/1000 gal. for broadcast
Spray irrigation equipment purchased September 2004. Waste plan was updated to include new spray equipment. A copy of the
revised waste plan should be kept on site.
Page: 2

Permit- AWC450007 Owner - Facility. Michael R Com Facility Number: 450007
Inspection Date: 10/20/2005 Inspection Type. Compliance Inspection Beason for Visit: Routine
Waste Structures
Type Identifier Closed Date Start Date designed Freeboard observed Freeboard
Ste Pond
LIQUIDS WSP
21.60
27.00
�ste Pond
SOLIDS WSP
19.50
36.00
Page: 3

Permit: AWC450007 Owner - Facility: Michael R Cam Facility Number: 450007
Inspection Date: 10/20/2005 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts Yes No NA NE
i. Is any discharge observed from any part of the operation? ❑
Discharge originated at:
Structure ❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
❑
■
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑
■
❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
❑
■
n
2. Is there evidence of a past discharge from any part of the operation?
❑
■
❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a discharge?
❑
■
❑
❑
Waste Collection, Sto _ge & Treatment
Yes
No
NA
NE
4. Is storage capacity less than adequate?
❑
■
❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there an� immediate threats to the integrity of any of the structures observed (i.e.l large trees, severe erosion,
rl
■
0
Clseepage,
etc,),
6. Are there structures on-site that are not properly addressed and/or managed through a waste management or
0
■
❑
❑
closure plan?
7. Do any of the structures need maintenance or improvement?
■
❑
0
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry
■
❑
❑
0
stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
❑
■
❑
n
improvement?
Waste Application
Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or improvement?
❑
■
❑
❑
11. Is there evidence of incorrect application?
❑
■
❑
❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
n
Is PAN > 1096110 lbs.?
n
Total P205?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Small Grain (Wheat,
Barley,
Oats)
Crop Type 2
Fescue (Pasture)
Crop Type 3
Com (Silage)
Crop Type 4
Page: 4

Perrnit: AWC450007 Owner- Facility: Michael R Com
Inspection Date: 10/20/2005 Inspection Type: Compliance Inspection
Facility Number: 450007
Reason for Visit: Routine
Waste Ap2lication
Yes
No NA
NE
Crop Type 5
Crop Type 6
Soil Type 1
Bradson
Soil Type 2
Dillard
Soil Type 3
Hayesville
Soil Type 4
Rosman
Soil Type 5
Toxaway
Soil Type 6
Fannin
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan(CAWMP)? ❑
■ ❑
❑
15. Does the receiving crop andlor land application site need improvement?
❑
■ ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
❑
■ ❑
❑
17. Does the facility lack adequate acreage for land application?
❑
■ ❑
❑
18, is there a lack of properly operating waste application equipment?
❑
■ ❑
❑
Records and Documents
Yes
No NA
NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
■
❑ ❑
❑
20. Does the facility tail to have all components of the CAWMP readily available?
❑
■ ❑
❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
■
Maps?
❑
Other?
❑
21. Does record keeping need improvement?
■
❑ ❑
❑
If yes, check the appropriate box below.
Waste Application?
■
120 Minute inspections?
■
Weather code?
■
Weekly Freeboard?
■
Transfers?
❑
Rainfall?
■
Inspections after > 1 inch rainfall & monthly?
■
Waste Analysis?
■
Annual soil analysis?
❑
Crop yields?
■
Stocking?
❑
Annual Certification f=orm (NPDES only)?
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
■ ❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
I=1 ■
❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■
❑ Cl
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑ ■
❑
26. Did the facility fail to have an actively certified operator in charge?
❑
❑
❑
Page: 5

i
Permit AWC450007 Owner - Facility: Michael R Cam
Inspection Date: 1012012.005 Inspection Type: Compliance Inspection
Records and Documents
Facility Number. 450007
Reason for Visit: Routine
27. Did the facility fail to secure a phosphorous loss assessment (PIAT) certification?
Otherlssues
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air quality
representative immediately.
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewerllnspector fail to discuss reviewfinspection with on-site representative?
33. Does facility require a follow-up visit by same agency?
Yes No NA NE
❑❑■❑
Page: 6

3�
.t
r
Division of Water Quality
n Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 450007 Facility Status: Active Permit: AWC450007 ❑ Denied Access
Inspection Type: Compliance Inspg4c)n w Inactive or Closed Date:
Reason for Visit: Routing County: Henderson Region: Asheville
Date of Visit 10/20/2005 Entry Time: 10:00 AM Exit Tlme: Incident If:
Farm Name: Small Acres Dpiry _
Owner: Mifbael R Corn
Owner Email:
Phone: [phone]
Mailing Address: 735 Butler Bridge Rd Fletcher NC 28732 _
Physical Address:
Facility Status: [❑ Compliant n Not Compliant
Location of Farm:
Integrator:
Latitude: 35"23'50"
Longitude: 82°33'10"
At the intersection of Jeffress Road and Valley View Road ,4 miles south of the Asheville Airport.
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment Waste Application
Records and Documents Other Issues Technical Assistance
Certified Operator:
Secondary OIC(s):
Operator Certification Number.
Onsite Representative(s): Name Title Phone
On-site representative Michael R Com Phone: [phone]
24 hour contact name Michael R Com Phone: [phone]
Primary Inspector: Beverly Price Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Phone:
Phone:
Inspection Summary:
li'tJ iU Q1t,* c d®� 6
Page: 1

Permit: AWC450007 Owner - Facility: Michael R Cam Facility Number: 450007
Inspection Data: 10/20/2005 Inspection Type: Compliance Inspection Reason for Visit: Routine
S" i>IIDa rl? i t �f e
Waste Structures
Types Identifier Closed Date Start Date Designed Freeboard Observer! Freeboard
aste_Pond
LIQUIDS WSP
�,
Z
aste�Pond rj
SOLIDS WSP
��
—L.3B.aG
if
f
36
Page: 2
f

.� • i
Permit AWC450007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 10120!2005 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges S Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? ❑ ❑ ❑
Discharge originated at:
Structure
Application Field
Other
a. Was conveyance man-made?
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a discharge?
Waste Collection, Storage & Treatment
4. Is storage capacity less than adequate?
If yes. is waste level into structural freeboard?
5. Are there any immediate threats to the integrity of any of the structures observed (I.ej large trees, severe erosion,
seepage, etc.)?
B_ Are there structures on-site that are not properly addressed andlor managed through a waste management or
closure plan?
7. Do any of the structures need maintenance or improvement?G,roJ 40I. -L,
8.
n+. -L-
8. Do any of the structures lack adequate markers as required by theennil? (Not applicable to roofed pits, dry
stacks and/or wet stacks) 1,�1ct,� ,,;d c}z-1S ,rxF•��411 p_,* na 04UA a,; --ILA
9. Does any part of the waste management system other than the waste structures require maintenance or
improvement?
n❑jW❑
nndo❑
❑I ❑
n
nr�❑❑
Yes No NA
NE
�li�n
❑
n n
n .
grn❑n
❑Vnn
Waste Application Yes No NA NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or improvement? ❑ ❑ ❑
11_ Is there evidence of incorrect application? n ❑ 19
If yes, check the appropriate box below.
Excessive Ponding? n
Hydraulic Overload? n
Frozen Ground? fl
Heavy metals (Cu. Zn, etc)? n
PAM? it
Is PAN > 10%110 lbs.? ❑
Total P2O5? �]
Failure to incorporate manure/sludge into bare soil? n
Outside of acceptable crop window? ❑
Evidence of wind drift? ❑
Application outside of application area? ❑
Qw rti 11 �4�� ev�,��. Cc%i4A
1` ws�
Crop Type 1 i,u r�Q�� r 6 � n 3 .
CropType2 Mt X1A '&-A-55x5 s"l
Crop Type 3
Crop Type 4
Page: 3

i •
Permit: AWC450007 Owner - Facility: Michael R Com Facility Number: 450007
Inspection Date: 10120/2005 Inspection Type: Compliance Inspection Reason for Visit: Routine
Waste Application Yes No NA NE
Crop Type 5
Crop Type 6
Soil Type 1 $,Adso,,
Soil Type2�i�
Soil Type 3
Soil Type 4rSf/iitt -� l
Soil Type 5 40
14.
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan(CAWMP)?
0 ®
Q
20. Does the facility fail to have all components of the CAWMP readily available?
15. Does the receiving crop and/or land application site need improvement?
❑ W
❑
D
16. Did the facility fail to secure or operate and per he ird anon design or wettable acre determination? t 4 r
net,,
WUP? 10,
1=1
❑ �'`] �� W
tiie= wGS+c P14n 4-
17. Does the facility lack adequalp acreage for laid application? #
tjGMt 14•�r j'�45-d0 din
I]
n
Design? ►lv\ I S:i � �,. fk L i.J
r5
18. Is there a lack of properly operating waste application equipment?
[I N
Maps?l/
n
Records and Documents
Yes No
NA
NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
W
n n n
20. Does the facility fail to have all components of the CAWMP readily available?
n
n n
If yes, check the appropriate box below.
WUP? 10,
E -I
Checklists? P-*�
Design? ►lv\ I S:i � �,. fk L i.J
Maps?l/
n
Other?
F1
21. Does record keeping need improvement?
❑
❑ 0 Ll
If yes. check the appropriate box below. p !![�
sl u22 -
-T- - I-,2
Waste Application? �1if RA t
7 [7 L-er
(_l
120 Minute inspections? N r. f e 1C,6vei f'
Weather code? N,' ,-c C_y cj i
Weekly Freeboard? A1+• re -cc --A
I_I
Transfers? kip
i]
Rainfall? No
Inspections after > 1 inch rainfall & monthly? PJO
Waste Analysis?ii I# joi,N =0I.�3! �` irY: - l g�,u, S �,q �r %i•oey�ltdS'�
�IA7c�7� >F+' ��1°
12=
Annual soil analysis? 3 ho f
Crap yields? Piz.
❑
Stocking? b j+ o
(]
Annual Certification Form (NPDES only)? J %�
IR
22. Did the facility fail to install and maintain a rain gauge?
n
rg n n
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
n
❑ 66 n
24. Did the facility fail to calibrate waste application equipment as required by the permit?
8
000
25. Did the facility fail to conduct a sludge survey as required by the permit?
®
0 19
11
26. Did the facility fail to have an actively certified operator in charge? C 1%4*CiAA 6"s -a
n
CR ❑ Q
Page: 4
O, �,

Permit: AWC450007 Owner - Facility. Michael R Cam
Facility Number. 450007
Inspection Data: 1012012005 Inspection Type: Compliance Inspection Reason for Visit Routine
Records and Documents Yes No NA NE
27. Did the facility fail to secure a phosphorous toss assessment (PLAT) certification? o o L4 ❑
Other Issues Yes No NA NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? [1 Ln n rl
29. Did the facility fail to property dispose of dead animals within 24 hours andlor document and report those A 0
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? tf yes. contact a regional Air Quality
representative immediately.
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewerlinspector fail to discuss reviewfinspection with on-site representative?
33. Does facility require a follow-up visit by same agency?
00C)❑
Page: 5

•
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MICHAEL R. CORN
I—
L-1
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 04-018
Having been assessed civil penalties totaling $5,997.78 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated _ FebruM 24, 2005 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 4oz.-I 2005.
/' A
ADDRESS
c
TELEPHONE

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CARLAND TRACTOR & EQUIPMENT INC.
NORTH MILLS RIVER ROAD
30 CARLAND CIRCLE
HORSE SHOE N.C. `}28742
THANK YOU FOR YOUR BUSINESS!
NO RETURNS ON ELECTRICAL OR SPECIAL ORDER ITEMS. A RESTOCKING CHARGE
WILL BE APPLIED ON ALL MERCHANDISE RETURNED FOR CREDIT.
NO RETURNS AFTER 30 DAYS.
WGSM01 WG -SMALL ACRES DAIRY
735 BUTLER BRIDGE RD
F'LETCHER, NC 28732
S/N:
Sold By: TONY PO #:
Ship By: Tax #:
Tax D Oty Description -----
FARM TAX MAX.
2 FARM TAX MAX_
PARTS MISC
Z 1 IRAGATION SYSTEM
Charge Sale X
HRS: .0 WAR:00 PRT: 1
Date 10/23/04 WORK ORDER W 50861
9:02:36
--------------.* Price
14500.00
** SUBTOTAL.
Amount
80.00
145120. 00
C �r i
m rnrn
w ' -OM
�a
o �
--to
Mm
� a �
c�
CM
C"
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14580. 00
$14580.00

GRA -MAC DISTRIBUTING COMPANY
2310,NC HWY 801 N
MOCKSVILLE, NC 27028
[phone]
IN NC 1.800-422.3560
Packing -List
43020
CUSTOMER ORDER NO,
DATE SNIPPEDSHIPPED
V1A OUR NO.
SALESPERSON
q- -o
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SHIP TO:
SOLD TO:
CAL. 4 N 97R ACTOR
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TOTAL WEIGMT
ORDER COMPLETE
BALANCE TO FOLLOW
PACKEO BY
tKECKED 9Y
PLEASE NOTIFY US IMMEDIATELY
IF ERROR IS FOUND IN SHIPMENT

GRA -MAC DISTRIBUTING COMPANY
- 2310 NC HWY 801 N
MOCKSVILLE, NC 27028
[phone] -
iN NC 1-800-422-3560
mocking
List
43021'
cusrop -m ORDER Md.
GATE SNIPPED
SNIPPED YIA
OUR MD.
SALESPERSOW
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SOLD TO.-
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TOTAL wEIQHT ORDER COMPLETE
SALAMGE TO FOLLDMT
PACKED BY C 4ECKED BY
PLEASE NOTIFY US IMMEDIATELY
IF ERROR IS FOUND IN SHIPMENT

GRA -MAC DISTRIBUTING COMPANY
.2310 NC HWY 801 N
momsvILLE. NC 27028
[phone]
IN NC 1.800-422-3560
hacking List
43022
CUSiO1��ER ORDER
NO.
DAYS SHIPPED
$PUPPED VIA
OUR No.
SPERSN
SALLO
SHIP TO:
SOLD TO:
4`` r 1IVl N� I f l l
' f�:.Is (�..'Si-,Ty.:.-c( Y•- $ O.`:'h �•1': s. h��v � i 4: i T�.: _.tet `r '�y��e "rt�.d"'...
e 1 rK, ^A ly{' Y w.
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5p-
CARTONS - TOTAL WEIGHT ORDER COMPLETE BALANCE TO FOLLOW
PACKED BY
CMEC/C60 BY
PLEASE NOTIFY US IMMEDIATELY
IF ERROR IS FOUND IN SHIPMENT

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A "C
Mr. Michael Corn
735 Butler Bridge Road
Fletcher, NC 28732
RE: Remission Request
Small Acres Dairy
Farm #45-7
Henderson County
File 9 DV 04-018
Dear Mr. Corn:
• Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 12, 2005
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 [phone].
Sincerely,
'fa� /.JZ"
Steve Lewis
Animal Feeding Operations Unit
cc- 9i45rl-Uavidscm, Asheville Regional Supervisor w/attachment
Bev Price, ARO w/attachment
APS Central Files
File # DV 04-018 w/ 3 attachments
r1°�°CnCaro .
rvaturallr,�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27 699-1 63 6 Phone [phone] Customer Service
1ntemCt:httP:/Wo- r.st2te.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportunity/Affirmative Action Employer — 5044 Recycled/l01% Post Consumer Paper
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CAR
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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 [phone].
Sincerely,
'fa� /.JZ"
Steve Lewis
Animal Feeding Operations Unit
cc- 9i45rl-Uavidscm, Asheville Regional Supervisor w/attachment
Bev Price, ARO w/attachment
APS Central Files
File # DV 04-018 w/ 3 attachments
r1°�°CnCaro .
rvaturallr,�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27 699-1 63 6 Phone [phone] Customer Service
1ntemCt:httP:/Wo- r.st2te.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportunity/Affirmative Action Employer — 5044 Recycled/l01% Post Consumer Paper

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MICHAEL R. CORN
n
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 04-018
Having been assessed civil penalties totaling _ $5,997.78 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated February 24, 2005 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 200-5.
ADDRESS
TELEPHONE

A7- V7-1,771-/i5l

i
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CARLAND TRACTOR & EQUIPMENT INC.
NORTH MILLS RIVER ROAD
30 CARLAND CIRCLE
HORSE SHOE N. C. 2874E
THAN'. YOU FOR YOUR BUSINESS!
NO RETURNS ON ELECTRICAL OR SPECIAL ORDER ITEMS. A RESTOCKING CHARGE
WILL HE APPLIED ON ALL MERCHANDISE RETURNED FOR CREDIT.
NO RETURNS AFTER 30 DAYS.
WGSM01 WG --SMALL ACRES DAIRY
735 BUTLER BRIDGE RD
FLETCHER, NC 28732
S/N: HRS: .0 WAR:00 PRT: 1
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Ship By: Tax #: 5:02:35
Tax D Qty Description ------------------------------- Price Amount
FARM TAX MAX.
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PARTS MISC.
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#* SUBTOTAL
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14580.00
Charge Sale X
$14.580.00

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2310.NC HWY 801 N
MOCKSVILLE, NC 27028
[phone]
IN NC 1-8Q0.422-3560
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IF ERROR IS FOUND IN SHIPMENT

GRA -MAC DISTRIBUTING COMPANY
.2310 NC HWY.801 N
MOCKSVILj- NC 27028
(336) 9 8-3232 -
IN NC 1-800-422-3560
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PLEASE NOTIFY US IMMEDIATELY
IF ERROR IS FOUND IN SHIPMENT

GRA -MAC DISTRIBUTING COMPANY
2310NCHWY801N
MOCKSVILLE, NC 27028
[phone]
IN NC 1-800-422-3560
hacking List
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DATE SNIPPED
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• Michael F. Easley, Governor
William G. Koss Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 24, 2005
CERTIFIED MAIL — 7002 2410 0003 0272 8361
RETURN RECEIPT REQUESTED
Mr. Michael Corn
735 Butler Bridge Road
Fletcher, NC 28732
SUBJECT: Assessment of Civil Penalties
for Making an Outlet to Waters of the State
and Permit Condition Violations
Farm # 45-7
Henderson County
File No. DV 04-018
Dear Mr. Corn:
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against Small Acres Dairy in the amount of
$5,997.78 which includes $997.78 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of-
Mr.
f
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
JhCaTulina
turallr�
Aquifer Protection section 1636 Mail service Center Raleigh, 1`C 27699-1636 Phone [phone] Customer Service
lntemet:bLV:/lh2o.gnr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportuniVAf irrmtive Action Employer— 50VD Recycltd/l0% Post Consumer paper
irr
T
i
C'z'�?;
This letter transmits notice of a civil penalty assessed against Small Acres Dairy in the amount of
$5,997.78 which includes $997.78 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of-
Mr.
f
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
JhCaTulina
turallr�
Aquifer Protection section 1636 Mail service Center Raleigh, 1`C 27699-1636 Phone [phone] Customer Service
lntemet:bLV:/lh2o.gnr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportuniVAf irrmtive Action Employer— 50VD Recycltd/l0% Post Consumer paper

KDO
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
r
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone] or Mr. Keith Larick
at [phone].
Ihe
odore L. Bush, Jr., Chief
Aquifer Protection Section
TLB/scl
ATTACHMENTS
cc: Landon Davidson, Asheville APS Regional Supervisor w/ attachments
GA&v+rice; ARO:.w/ attachments
File # DV 04-018 w/ attachments
APS Central Files w/ attachments
Susan Massengale, PIO wl attachments

0
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MICHAEL R. CORN
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 04-018
Having been assessed civil penalties totaling 5,997.78 _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated _ FebnlM Z4, 2005 T, the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE

0
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 04-018 County: Henderson
Assessed Party: Michael R. Corn
Permit No. (if applicable): AWC450007 Amount Assessed: $5,997.78
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission,_ Waiver of Right to an Administrative Hearing, and Stipulation of
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C; G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remainin necess
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF
MICHAEL R. CORN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT AND
FOR VIOLATIONS OF CONDITIONS OF
THE NON -DISCHARGE GENERAL
PERMIT AWG200000
f�
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 04-018
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Michael R. Corn owns and operates Small Acres Dairy, a dairy operation located
along Jeffress Road in Henderson County.
B. Michael R. Corn was issued Certificate of Coverage AWC450007 under General
Permit AWG200000 for Small Acres Dairy on September 12, 2000, effective
September 12, 2000, with an expiration date of October 1, 2004. This permit does
not allow the discharge of waste to waters of the State.
C. On September 21, 2004, DWQ staff observed a discharge of wastewater at Small
Acres Dairy from a drainage ditch to an unnamed tributary of the French Broad
River, which are Class C waters of the State within the French Broad River Basin.
D. Michael R. Corn had no valid permit for the above-described activity.
E_ Condition No. 11, 1. of the issued perrrut states "The collection, treatment, and
storage facilities, and land application equipment and fields shall be maintained at
all times and properly operated."

F. On September 22, 2004, DWQ staff re -inspected Small Acres Dairy. Staff
observed waste being discharged from the waste storage pond via four flexible
black plastic pipes onto the adjacent spray field. Ponded wastewater was
observed in the field at the outlet of the pipes. This method of application
provides no means of calibration and therefore no way of ensuring proper
application rates.
G. Condition No. 11. 13. of the issued permit states "The facility must have 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, (c) a contract with a third party applicator capable of providing
adequate waste application or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition I1 (4)."
H. A Notice of Violation/Notice of Intent dated September 24, 2004 was sent to IVIr.
Corn. In his response, Mr. Corn stated that he had a verbal agreement to use an
irrigation pump and reel owned by Taproot Dairy. However, due to a
deterioration of his relationship with Taproot Dairy, Mr. Corn was never allowed
to use the pump and reel.
I. The cost to the State of the enforcement procedures in this matter totaled $997.78
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Michael R. Corn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The unnamed tributary to the French Broad River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
E. Michael R. Corn may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.

F. Michael R. Corn's above-cited failure to properly operate the collection,
treatment, and storage facilities, and land application equipment and fields at all
times violated Condition No. 11. 1. of General Permit AWG200000.
G. Michael R. Corn's above-cited failure to have one of the following 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, (c) a contract with a
third party applicator capable of providing adequate waste application, or (d) a
contract for the purchase of the equipment violated Condition No. U. 13. of
Animal Waste Permit No. AWG200000.
H. Michael R. Corn may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
I. The State's enforcement costs in this matter may be assessed against Michael R.
Corn pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
111. DECISION:
Accordingly, Michael R. Corn is hereby assessed a civil penalty of.
$ O for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
for violating Condition No. II. 1. of General Permit No.
AWG200000 by failing to properly operate at all times the
collection, treatment, and storage facilities, and land
application equipment and fields

0 6
S — Dfor violating Condition No. IT. 13. of General Permit No
AWG200000 by failing to have 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, (c) a contract with a
third party applicator capable of providing adequate waste
application, or (d) a contract for the purchase of the
equipment.
$ 5:000-00 TOTAL CIVIL PENALTY
$ 997.78 Enforcement costs
S_ Taj 7, ]` TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have
considered the factors listed in G.S_14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
O
(Da ) TrodoreL. h,Jr_, Chief
Aquifer Protection Section
Division of Water Quality

f
Ar fi9QG
C� r
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• Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 24, 2005
CERTIFIED MAIL — 7002 2410 0003 0272 8361
RETURN RECEIPT REQUESTED
Mr. Michael Corn
735 Butler Bridge Road
Fletcher, NC 28732
SUBJECT: Assessment of Civil Penalties
for Making an Outlet to Waters of the State
and Permit Condition Violations
Fane 9 45-7
Henderson County
File No. DV 04-018
Dear Mr. Corn:
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against Small Acres Dairy in the amount of
$5,997.78 which includes $997.78 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
tom` Carolina
tffaffy
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Intemet:liltD,/lh2c.enr-slate.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportunity/Affirmative Action Employer— 5('/. Rec)sled/10% Post Consumer Paper

2_ Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
�@ '
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
•
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone] or Mr. Keith Larick
at [phone].
Sin 7,
7
eodore L. Bush, Jr., Chief
Aquifer Protection Section
TLB/scl
ATTACHMENTS
cc: if a doWDavid n, Asheville APS Regional Supervisor w/ attachments
Bev Price, ARO w/ attachments
File # DV 04-018 w/ attachments
APS Central Files w/ attachments
Susan Massengale, PIO w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MICHAEL R. CORN
•
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATfON OF FACTS
FILE NO. DV 04-018
Having been assessed civil penalties totaling $5,997.78 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated February 24, 2005 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
104"HOTaM
SIGNATURE

•
0
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 04-018 County: Henderson
Assessed Party: Michael R. Corn
Permit No. (if applicable): AWC450007 Amount Assessed: $5,997.78
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Ri hg t to an Administrative Hearigg, and Stipulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in_N.C.G.S. 143B -282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuinp, environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pies as necessary):

•
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF )
MICHAEL R. CORN )
FOR MAKING . N OUTLET TO THE )
WATERS OF THE STATE OF )
NORTH CAROLINA )
WITHOUT A PERMIT AND )
FOR VIOLATIONS OF CONDITIONS OF }
THE NON -DISCHARGE GENERAL )
PERMIT AWG200000 )
0
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 04-018
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
L FINDINGS OF FACT:
A. Michael R. Corn owns and operates Small Acres Dairy, a dairy operation located
along Jeffress Road in Henderson County.
B. Michael R. Corn was issued Certificate of Coverage AWC450007 under General
Permit AWG200000 for Small Acres Dairy on September 12, 2000, effective
September 12, 2000, with an expiration date of October 1, 2004. This permit does
not allow the discharge of waste to waters of the State.
C. On September 21, 2004, DWQ staff observed a discharge of wastewater at Small
Acres Dairy from a drainage ditch to an unnamed tributary of the French Broad
River, which are Class C waters of the State within the French Broad River Basin.
D. Michael R. Corn had no valid permit for the above-described activity.
E. Condition No. II. 1. of the issued permit states "The collection, treatment, and
storage facilities, and land application equipment and fields shall be maintained at
all times and properly operated."

F. On September 22, 2004, DWQ staff re -inspected Small Acres Dairy. Staff
observed waste being discharged from the waste storage pond via four flexible
black plastic pipes onto the adjacent spray field. Ponded wastewater was
observed in the field at the outlet of the pipes. This method of application
provides no means of calibration and therefore no way of ensuring proper
application rates.
G. Condition No. Il. 13, of the issued permit states `'The facility must have 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, (c) a contract with a third party applicator capable of providing
adequate waste application or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition II (4)."
H. A Notice of Violation/Notice of Intent dated September 24, 2004 was sent to Mr.
Corn. In his response, Mr. Corn stated that he had a verbal agreement to use an
irrigation pump and reel owned by Taproot Dairy. However, due to a
deterioration of his relationship with Taproot Dairy, Mr. Com was never allowed
to use the pump and reel.
I. The cost to the State of the enforcement procedures in this matter totaled $997.78.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Michael R. Corn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The unnamed tributary to the French Broad River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6),
D. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
E. Michael R Com may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.

0 •
F. Michael R. Corn's above-cited failure to properly operate the collection,
treatment, and storage facilities, and land application equipment and fields at all
times violated Condition No. 11. 1. of General Permit AWG200000.
G. Michael R. Corn's above-cited failure to have one of the following 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, (c) a contract with a
third party applicator capable of providing adequate waste application, or (d) a
contract for the purchase of the equipment violated Condition No. H. 13. of
Animal Waste Permit No. AWG200000.
H. Michael R. Corn may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
The State's enforcement costs in this matter may be assessed against Michael R.
Corn pursuant to G.S. 143-215.3(a)(4) and G.S. 143B -282.1(b)(8).
J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
111. DECISION:
Accordingly, Michael R. Corn is hereby assessed a civil penalty of.
$ 7 Q for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ D D 0 for violating Condition No. H. 1. of General Permit No.
AWG200000 by failing to properly operate at all times the
collection, treatment, and storage facilities, and land
application equipment and fields

t
S —D— for violating Condition No. H. 13. of General Permit No.
AWG200000 by failing to have 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, (c) a contract with a
third party applicator capable of providing adequate waste
application, or (d) a contract for the purchase of the
equipment.
$
!j:000-00 TOTAL CIVIL PENALTY
$ 997.78 Enforcement costs
S- 9 7, 77' TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(S) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority,
(8) The cost to the State of the enforcement procedures.
_ r
O
(Da ) Th dore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

,.
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
December 15, 2004,
� 1 -
MEMORANDUM :
To: Steve Lewis
From: Landon Davidson.)
Bev Price
Subject: Recommendation for Civil Penalty
Small Acres Dairy Farm #45-7
Henderson County
Attached is an enforcement package for the Small Acres Dairy Farm in Henderson
County. While performing a waste pond freeboard inspection on September 21, 2004,
Bev Price and Landon Davidson with the ARO observed what appeared to be a surface
water discharge coming from the spray field adjacent to Mr. Corn's (owner of Small
Acres Dairy) waste holding pond. On September 22, 2004 Bev Price, Landon Davidson
and Roy Davis from the ARO returned to investigate further. Mr. Corn was observed
lowering the level in his waste holding pond via four flexible black plastic pipes. The
waste was ponding near the area at the discharge end of the pipes.
A Notice of Violation/Notice of Intent was issued September 24, 2004. Mr. Corn
responded to the NOV/NIOI within ten days. He indicated that he was trying a new spray
system consisting of a pump, 600 feet of aluminum pipe and a stationary gun, and the
equipment would be purchased. Based on our observations, a civil penalty assessment is
recommended. The violations observed at this facility on September 22, 2004 include an
unpermitted discharge of animal waste to waters of the State, failure to properly maintain
and operate land application equipment and fields, failure to apply animal waste at rates
in accordance with the animal waste management plan and failure to have one of the
following: adequate animal waste application and handling equipment, a lease, or other
written agreement for use of the necessary equipment, a contract with a third party
applicator capable of providing adequate waste application or a contract for the purchase
of the equipment.
The Asheville Regional Office requests that you initiate appropriate action from your
office and forward the package to the appropriate individual(s) for review.
The following items are attached for your review:
A) A completed "Water Quality Enforcement Case Assessment Factors"
B) A completed "Findings and Decisions and Assessment of Civil Penalties"
C) A copy of the "NOV/NOI letter" from the ARO to the violator. The
violator submitted a response on October 4, 2004.

D) Photograpbs
E) Laboratory benchsheets for fecal coliform samples.
F) Copy of topo map of the area in question.
Please contact Bev Price in our office at 828-296-4665 for any additional information
you may need.

0 •
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
December 15, 2004
Type: DV
Violator: Mr. Michael R. Corn
Address: 735 Butler Bridge Road
Fletcher, NC 28732
Henderson County
Responsible Party:
Regional Office:
Mr. Michael R. Corn
Asheville
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation:
Due to manner in which Mr. Com was applying waste from the pond there is no
way to confirm if the waste has been applied at agronomic rates. Waste and soil
analyses and pumping records for 2004 were requested in the Notice of Violation
but none were submitted.
To date, this office has not received any reports regarding harm to public health or
private property.
2. The duration and gravity of the violations.
Mr. Com indicated that he has not had proper waste application equipment for
some time. Based on comments by Mr. Corn and prior inspections, it is estimated
that improper application had been occurring for 6 years.
3. The effect on groundwater or surface water quality or air quality.
Unlmown. To date, there have been no reports of downstream surface water
impacts other than our samples. Waste and soil analyses were not submitted for
2004. Further investigation showed no waste application records, soil or waste
analysis for at least three years. The lack of waste application records makes it

•
•
difficult to document if over -application of animal waste has occurred, but his
application method would strongly suggest over -application.
4. The cost of rectifying the damage;
Not documented.
5. The amount of money saved by non-compliance;
Estimated S 12,000 — cost of new spray equipment, plus a labor cost by not
maintaining spray equipment.
6. Whether the violations were committed willfully or intentionally;
The ARO does not believe the surface water discharge was willful or intentional.
Mr. Corn was asked if he was aware of the surface water discharge coming from
the spray field and he indicated that he was not. However, we do believe the
violations relating to waste application equipment were willful and intentional.
Mr. Com wrote in his response to the NOV/NOI that at the time of his separation
from Taproot Dairy with whom he had previously been a partner, a verbal
agreement was made to allow him to use the irrigation pump and reel when it was
not being used. He indicated that his relationship with Taproot Dairy deteriorated
and use of the spray equipment was never allowed to happen. He also indicated
during the inspection that he had attempted to conceal, from the inspector, the
piping used to drain waste from his pond.
7. The prior record of the violator in complying with programs over which the
Environmental Management Commission has regulatory authority;
February 2002 — DWQ issues Notice of Violation and Revocation for
Nonpayment (annual permit fee). NOV was issued to Small Acres Partnership.
No Notices of Violation regarding lack of waste application equipment or
discharges.
S. The cost to the State of the enforcement procedures:
Central Office Review and Processing =S 100.00
27 Hours by investigator for investigating and
drafting reports @$21.45/hr. =$ 579.15
9.0 hour by Aquifer Protection Regional Supervisor =$ 249.57
for review @ S27.73/hr.
Laboratory Costs = 53.25

Mileage @ 0.31 }ger mile for 51 miles =S 15.81
Total =$997.78

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PLAN OF ACTION (IA) FOR HIGH FREEBOARANIMAL FACILITIES
Facility Number: 1 - County:
A/v*-�
t
acility Name, -,M(/ 4d'o-'C' 41��,•
Certified Operator Name: ' Operator #
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Structure I Structure 2
W44Tie l i4
Lagoon Namelldentifier (ID):
Spillway (Yes or No):
Level (inches):
2. Check all applicable items
Structure 3 Structure 4 Structure 5 Structure 6
Liquid level is within the designed structural freeboard elevations of one or more structures. Five
and 30 day Plans of Action are attached, Hydraulic and agronomic balances are within
acceptable ranges.
V" Liquid level is within the 25 year 24 hour storm elevations for one or more structures: A 30 day
Pian of Action is attached. Agronomic balance is within acceptable range.
V Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to
pumped and hauled is reflected in section III tables. Included within this plan is a list of the
proposed sites with related facility number(s), number acres and receiving crop information.
Contact and secure approval from the Division of Water Quality -prior to transfer of waste
to a site not covered In the facility's certified animal waste management plan.
Operation will be partially or fully depopulated.
- attach a complete schedule with corresponding animal units and dates for depopulation
- if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste:
I hereby certify that I have reviewed the Information listed above and included within the attached Plan
of Action, and to the best of my knowledge and ability, the Information is accurate and correct.
Facil
Facility Owne
poA Cover Page 2121100
ager (print)
i (signature)
Phone: d J17 -1--
a t 6.
1%r
ate; �;'`�
pla
OCT -- 4 2004 ��'

PLAN OF ACTIMPoA FOR HIGH FREEBOARD •ANIMAL FACILITIES
� 1
FIVE (6) DAY DRAW DOWN PERIOD
I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE -
1. Structure Name/Identifier (0):
2. Current liquid volume in structural freeboard
a.
current liquid level according to marker
inches
b.
designed structural freeboard zone
inches
(Normally 12 inches or greater)
c.
line b - line a (inches within structural freeboard) =
inches
d.
top of dike surface area according to design
ft
(area at below structural freeboard elevation)
e.
line c x line d x 7.48ac it � s =
gallons
12 ft
3. Projected volume of waste liquid produced during draw down period
f.
temporary storage period according to structural design
days
g.
volume of waste produced according to structural design
ft3
h.
actual waste produced = current herd # x line g W
ft3
certified herd #
i.
volume of wash water according to structural design
ft3
j.
excess rainfall over evaporation according to design
ft3
k.
(lines h + i + j) x 7.48 x 5 days =
gallons
line f
4. Total volume of waste to be land applied during b day draw down
I. total volume to be land applied line e + line k = gallons
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN
THE STRUCTURAL FREEBOARD ELEVATIONS
,1. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS
FOR ALL WASTE STRUCTURES FOR FACILITY
PoA (5 Day) 2121100 1

t .
structure ID:
2.
structure ID:
3.
structure ID:
4.
structure ID:
5.
structure ID:
6.
structure ID:
M
IBJ
line I
line I =
line I =
line I =
line I =
line I =
gallons
gallons
gallons
gallons
gallons
gallons
n. lines 1 +2+3+4+5+ 6 = gallons
o. line n acre -inches
27,154
Ill. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD' .2
While this section deals with hydraulic loading capacities, applications cannot exceed
agronomic rate for receiving crop according to its certified waste plan
2 Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are
not considered available to receive waste
p. tract # _rq. held # I r. soil type I s. crop
t. acres u. remaining v. maximum W. maximum
IRR -2 PAN application application
balance I rate (in/hr) I amount
x. total acres available during 5 day draw down (sum of column t) = acres
IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE
y, line o = inches per acre to be applied within 5 days
line x
PoA (5 Day) 2121/00 2
4
F=

►�
If unable to land apply hydraulic load listed in line y, list course of action here including pump
and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options,
recalculate new hydraulic load based on new information.
Plan to land apply hydraulic load;
1. Describe moisture conditions of fields? (e.g./ is there water standing in field; does irrigation
equipment mar down in field; "trafficability" across soils; will soils absorb application without runoff ,
etc_)
2. Date and amount of last rainfall event?
3. Dates of last waste application event per field
4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the
volume in line "n" at appropriate seasonal (i.e. winter) application rates within five days?
5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and
amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel
speed, etc. to meet proposed changes in application rates and amounts; and any other information
for consideration
PoA (5 Day) 2121100 3

I OFWAT
�.� r
❑ �c
September 24, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 1680 0002 1293 6275
Mr. Mike Com
735 Butler Bridge Road
Fletcher, North Carolina 28732
i �
Michael F. E2rs- lee
Governer
Wiliam G. Ross, Jr., Secreta
North Carolina Department of Environment and Natural Resources 10-01,
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
15A NCAC 2H.0217
Small Acres Dairy
Facility No. 45-7
Henderson County
General Permit No. AWG200000
Certificate of Coverage No. AWC450007
Dear Mr. Com:
Alan W. Klimek, P.E., Director
Division of Water Quality
Asheville Regional Office
On Tuesday, September 21, 2004, Bev Price and Landon Davidson of the Division of Water Quality's
Asheville Regional Office (DWQ-ARO) performed a follow-up freeboard inspection of your dairy. The
inspection was performed in order to determine the available freeboard in your waste holding pond
following hurricane's Frances and Ivan. upon inspection, it was noted that the level of liquid waste in the
holding pond was above the start pump level (approximately 6 inches below the spillway). You stated that
you would be reducing the level in the holding pond later in the week. Upon leaving your facility, we
noticed a drainage ditch that appeared to contain waste material. The drainage ditch trends north -south
and is located immediately adjacent to your property and down slope from your liquid waste holding pond.
Further inspection of the ditch revealed a seep, probably a field drain, located on the west bank of the
ditch (the bank where your property is located) that appeared to be discharging animal waste.
On Wednesday September 22, 2004, we returned for further investigation. We asked you if you were
aware of the discharge from the seep area located in the ditch and you indicated that you were not. We
proceeded to the waste holding pond and discovered that the pond was being emptied via four flexible
black plastic pipes. The liquid waste level in the holding pond was approximately 3 inches lower than the
previous day. The pipes were siphoning the waste directly from the pond and emptying onto the adjacent
field, a portion of which is not included as a wettable acres area in your Animal Waste Management Plan.
Ponding of wastewater was observed in the vicinity of the pipes. We asked you to cease discharging
waste from the pond. You indicated that you had not owned nor had available to you any proper waste
application or irrigation equipment for some time. A fecal coliform sample was obtained from the seep.
Preliminary analytical results of the sample showed a fecal coliform count of greater than 60,000
colonies/100mis sample.
tat
CanolinaNura!!my NCDENR
Aquifer Protection Section, 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: [phone] Customer Service
Fax: [phone]

Mr. Corn
September 24, 2004
Page Two
Violation: Failure to - prevent a discharge of pollutants to a ditch (General Permit AWG200000
Section 11.); maintain and properly operate land application equipment and fields
(General Permit AWG200000 Section 11 1.); apply animal waste at rates in accordance with
your permit and Certified Animal Waste Management Plan: (General Permit No.
AWG200000 Section 114.); have one of the following (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of
the necessary equipment, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment (General
Permit AWG200000 Section 11 13.); prevent exceedence of the maximum waste level in the
waste storage pond (General Permit AWG200000 Section V 3.)
Required Corrective Action for Violation:
If you have not already done so, immediately cease your current method of application of animal waste
that has caused the above-described violations and take all necessary steps to insure these violations do
not reoccur. The steps could include but are not limited to you obtaining the necessary equipment to
apply animal waste in accordance with your CAWMP and General Permit AWG200000. A five day "Plan
of Action for High Freeboard at Animal Facilities" is enclosed. The Plan of Action (POA) is a plan for
drawing down the liquid waste level to an acceptable level within 5 days and is to be completed and
returned to this office within 48 hours of receipt of this notice.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before October 4, 2004.
1. Copies of all the pumping records, waste storage pond levels and waste and soil analyses for this farm
from January 1, 2004 to the present along with a copy of your CAWMP.
2. Please have the OIC for this farm include an explanation as to how these violations occurred.
3. Please have the OIC include a list of the steps that will be taken to prevent these violations from
occurring in the future.
The Asheville Regional Office is recommending an enforcement action against you for the above
referenced violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty
of not more than $25,000.00 per day per violation.
If you do not believe that enforcement is appropriate for this violation, please include a detailed, written
justification of why you feel that this office should not proceed with a recommendation for enforcement.
Again, this office should receive your response on or before October 4, 2004. Information submitted to
this office will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the
Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Ms. Bev Price,
or myself at [phone].
Sincerely,
G. Landon avid n, P.G.
Regional Aquifer Protection Supervisor
cc: DWQ Non Discharge Compliance & Enforcement Unit, Paul Sherman
Bob Carter- District Conservationist, Henderson County Soil and Water Conservation District, 999
High Country Lane Hendersonville, NC 28792
Jeff Young - DSWC, ARO
Central Files - Raleigh
ARO Non -Discharge Files

�oF wArF,�o
Michael _ Eldey�
G&reglor
William G. Ross, Jr., secrQ y
p North Carolina Department of Environment and Natural Resources h
AEan W_ Klimek, P.E., Director ,..
Division of Water Quality
Asheville Regional Office
September 24, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 1680 0002 1293 6275
Mr. Mike Com
735 Butler Bridge Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
15A NCAC 2H .0217
Small Acres Dairy
Facility No. 45-7
Henderson County
General Permit No. AWG200000
Certificate of Coverage No. AWC450007
Dear Mr. Com:
On Tuesday, September 21, 2004, Bev Price and Landon Davidson of the Division of Water Quality's
Asheville Regional Office (DWQ-ARO) performed a follow-up freeboard inspection of your dairy. The
inspection was performed in order to determine the available freeboard in your waste holding pond
following hurricane's Frances and Ivan. Upon inspection, it was noted that the level of liquid waste in the
holding pond was above the start pump level (approximately 6 inches below the spillway). You stated that
you would be reducing the level in the holding pond later in the week. Upon leaving your facility, we
noticed a drainage ditch that appeared to contain waste material. The drainage ditch trends north -south
and is located immediately adjacent to your property and down slope from your liquid waste holding pond.
Further inspection of the ditch revealed a seep, probably a field drain, located on the west bank of the
ditch (the bank where your property is located) that appeared to be discharging animal waste.
On Wednesday September 22, 2004, we returned for further investigation. We asked you if you were
aware of the discharge from the seep area located in the ditch and you indicated that you were not. We
proceeded to the waste holding pond and discovered that the pond was being emptied via four flexible
black plastic pipes. The liquid waste level in the holding pond was approximately 3 inches lower than the
previous day. The pipes were siphoning the waste directly from the pond and emptying onto the adjacent
field, a portion of which is not included as a wettable acres area in your Animal Waste Management Plan.
Ponding of wastewater was observed in the vicinity of the pipes. We asked you to cease discharging
waste from the pond. You indicated that you had not owned nor had available to you any proper waste
application or irrigation equipment for some time. A fecal coliform sample was obtained from the seep.
Preliminary analytical results of the sample showed a fecal coliform count of greater than 60,000
colonies/100mis sample.
N� Carofina ®�
VVICA2y NCDENR
Aquifer Protection Section, 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: [phone] Customer Service
Fax: 82&29z_)_7043 1-877-623-6748

Mr. Corn
September 24, 2004
Page Two
Violation: Failure to - prevent a discharge of pollutants to a ditch (General Permit AWG200000
Section 11.); maintain and properly operate land application equipment and fields
(General Permit AWG200000 Section 11 1.); apply animal waste at rates in accordance with
your permit and Certified Animal Waste Management Pian: (General Permit No.
AWG200000 Section 11 4.); have one of the following (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of
the necessary equipment, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment (General
Permit AWG200000 Section 11 13.); prevent exceedence of the maximum waste level in the
waste storage pond (General Permit AWG200000 Section V 3.)
Required Corrective Action for Violation:
If you have not already done so, immediately cease your current method of application of animal waste
that has caused the above-described violations and take all necessary steps to insure these violations do
not reoccur. The steps could include but are not limited to you obtaining the necessary equipment to
apply animal waste in accordance with your CAWMP and General Permit AWG200000. A five day "Plan
of Action for High Freeboard at Animal Facilities" is enclosed. The Plan of Action (POA) is a plan for
drawing down the liquid waste level to an acceptable level within 5 days and is to be completed and
returned to this office within 48 hours of receipt of this notice.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before October 4, 2004.
1. Copies of all the pumping records, waste storage pond levels and waste and soil analyses for this farm
from January 1, 2004 to the present along with a copy of your CAWMP.
2. Please have the OIC for this fame include an explanation as to how these violations occurred.
3. Please have the OIC include a list of the steps that will be taken to prevent these violations from
occurring in the future.
The Asheville Regional Office is recommending an enforcement action against you for the above
referenced violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty
of not more than 525,000.00 per day per violation.
If you do not believe that enforcement is appropriate for this violation, please include a detailed, written
justification of why you feel that this office should not proceed with a recommendation for enforcement.
Again, this office should receive your response on or before October 4, 2004. Information submitted to
this office will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the
Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Ms. Bev Price,
or myself at (828) 2964500.
Sincerely
G. Landon avid n, P.G.
Regional Aquifer Protection Supervisor
cc: DWQ Non Discharge Compliance & Enforcement Unit, Paul Sherman
Bob Carter — District Conservationist, Henderson County Soil and Water Conservation District, 999
High Country Lane Hendersonville, NC 28792
Jeff Young — DSWC, ARO
Central Files — Raleigh
ARO Non -Discharge Files

GROUNDWATER FIELD/LAB FORM
County M -Water
Quad No Serial No. ❑ Soil
Lat. Long. ❑ Other
❑ Chain of Custody
Report To: AB, FRO, MRO, RRO, WaRO, WiRO,
WSRO, Kinston FO, Fed. Trust, Central Off., Other:
North Carolina
Department of Environment and Natural Resources
DIVISION OF WATER QUALITY -GROUNDWATER SECTION
SAMPLE PRIQBIITY
RoutineLab Number A0gq(tl b _
❑ Emergency Date Received 9'v7� -D Y Time:
Recd By: 7M -5 From.Bus, Cour€er an e )
Other:
Shipped by: Bus, Courier, Hand Del., Other. ,_��_� Time 9767 o9�ose:Baseline, Complaint, Compliance,
CoHector(s):'B, Pr"I'C� Date p
FIELD ANALYSES Owner Agee 4// A -e
PH 400 Spec. Cond.94 at 250C Location or Site - i
Temp.19 13 Odor Description of sam ling point
Appearance Sampling Method 6,0,6
Field Analysis By: Remarks r, '
LABORATORY ANALYSES
Data Entry By: Ck: 7A45
Date Reported: i� 7 •O �� /
F, Pesticide Study, Federal Trust, Other: 11&1 d,,e4l,
Sample Interval
(Pumping rime, air temp., ela)
Ag -Sliver 46566
BOD 310 mgt
Al-Alurninum 46557
COO High 340 mgt
As -Arsenic 46551
COO Low 335 mgli-
Ba -Barium 46558
Coltform: MF Fecal 31611f) -pow 8, 100ml
Ca-Catclum 46552
Coliform: MF Total 31504 1100m1
Cd -Cadmium 46559
TOC 680 mgt
Cr -Chromium 46559
Turbldlty 76 NTU
Cu -Capper 46562
Residue, Suspended 530 mgt
Fedron 46563
u lL
19-Morcury 71900
Oil and Grease mgrL
K-Potesslum 46555
pH 403 units
Mg -Magnesium 46554
Alkalinity to pH 4.5 410 mg1L
Mn-Mangenese 46585
Alkallnhy to pH 6.3 415 mglL
No -Sodium 46556
Catbannte 445 mgt
NI -Nickel
Bicarbonate 440 mgt
Pb -Load 46564
Carbon dlordde 405 mgt
5o•Soienium
Chloride 940 mg1L
Zn -Zinc 46567
Chromium: Hex 1032 ug1L
Color: True 80 Cu
Cyanide 7213 mglL
Data Entry By: Ck: 7A45
Date Reported: i� 7 •O �� /
F, Pesticide Study, Federal Trust, Other: 11&1 d,,e4l,
Sample Interval
(Pumping rime, air temp., ela)
Ag -Sliver 46566
Diss. Solids 70300 mglL
Al-Alurninum 46557
Fluoride 951 mglL
As -Arsenic 46551
Hordness: Total 900 mgt
Ba -Barium 46558
Hardness (non-carb) 902 m lL
Ca-Catclum 46552
Phonols 32730 ugll
Cd -Cadmium 46559
Specific Cond. 05 uMhoslcm
Cr -Chromium 46559
Sulfate 945 mg1L
Cu -Capper 46562
Sulfide 745 mgt
Fedron 46563
u lL
19-Morcury 71900
Oil and Grease mgrL
K-Potesslum 46555
m gfL
Mg -Magnesium 46554
n, t
Mn-Mangenese 46585
u t
No -Sodium 46556
NH, as N 610 mgt
NI -Nickel
TKN as N 625 mgt
Pb -Load 46564
No, + NO3 as N 630 mgfL
5o•Soienium
P: Total as P 665 mg1L
Zn -Zinc 46567
Nitrate (NO3 as N) 620 mg1L
Nitrite (NOr as N) 615 mgt
Data Entry By: Ck: 7A45
Date Reported: i� 7 •O �� /
F, Pesticide Study, Federal Trust, Other: 11&1 d,,e4l,
Sample Interval
(Pumping rime, air temp., ela)
Ag -Sliver 46566
u t
Al-Alurninum 46557
u t
As -Arsenic 46551
u t
Ba -Barium 46558
ug!
Ca-Catclum 46552
m t
Cd -Cadmium 46559
u lL
Cr -Chromium 46559
u t
Cu -Capper 46562
u 1L
Fedron 46563
u lL
19-Morcury 71900
u t
K-Potesslum 46555
m gfL
Mg -Magnesium 46554
n, t
Mn-Mangenese 46585
u t
No -Sodium 46556
m
NI -Nickel
u t
Pb -Load 46564
u iL
5o•Soienium
u t
Zn -Zinc 46567
u t
Orgenochlorine Pesticides
Cruanophosphorus Pesticides
Nitrogen Pesticides
Acid Herbicides
PCBs
Semlvolatile Organics
TPH-Dlesel Range-
Volatile
an eVolatile Organics OA bottle
TPH-Gasalino Ron2o
TPH•BTEX Gasoline Range
LAB USE ONLY +
Temperature on arrival: 44 1
Lab Comments
G1N•54 REV. 7103 For Dissolved Analysis-submlt filtered sample and wrlte'DIS' In block.

P
GROUNDWATER FIELD/LAB FORM Department of Environment and Natural Resources
DIVISION OF WATER QUALITY -GROUNDWATER SECTION
I 11 SAMPLE TYPE SAMPLE PRIOR
County '(Water Routine Lab Number � o4o't /.F
E) Sall El Emergency 9 a
Emern
Quad No Serial No. Date Received Z�-� tf Time;. // 1,X0Lat. Long. 13 Other Recd By::7M.3 From:Bus, Courier, an
11 0Chain of Custody Mar:
Report To: A Q, FRO, MRO, RRO, WaRO, WIRO, Data Entry 8y: TMj- - Ck: SSS
WSRO, Kinston FO, Fed. Trust, Central Oft., Other: Date Reported:
Shipped by: Bus, Courier, Hand De., Other. Purpose:
Collector(S): tom,, _ri_C_.t_ Date - 0 V Time -7 Baseline, Complaint, Compliance, LUST, Pesticide Study, Federal Trust, Other AW/rC&7c %t3at'��ics'1
FIELD ANALYSES Owner t Corr) (ckdome) —�
pH 400 Spec. Cond.94 at 2500 Location or Site C g [. a 4_' o v. •
Temp.t0 "C Odor Description of sampling oint
Appearance Sampling Method.jra.b- -- - Sample Interval
Field Analysis By: Remarks OUnW.begof.
LABORATORY ANALYSES (Pump"'g sa'",'ir1Wr'p•, f.)
BOD 310
mg/L
COD High 340
mg1L
COD Law 335
mg7L
Coliform: MF Fecal 31616 60000 P
100m1
Coliform: MF Total 31504
1100ml
TOC 060
mg&
Turbidity 76
NTU
Residue, Suspended 530
mg/L
Fe-lron 46563
u
Oil and Grease
mg/L
pH 403
units
Alkalinity to pH 4.5 410
mg/L
Alkalinity to pH 8.3 415
mg/L
Carbonate 445
mg&
Bicarbonate 440
mg/L
Carton diaxkte 405
mg1L
Chloride 940
mglL
Chromium: Hex 1032
uglL
Color. True 80
Cu
Cyanide 720
mg1L
Lab
Oise. Solids 70300
mg7L
Fluorkle 951
mg/L
Hardness: Total 900
mg/L
Hardness (non-carb) 902
mgll.
Phenols 32730
uga
Specific Cond. 95
uMhoslcm
Sulfate 945
m91L
SuMdo 745
mg1L
Fe-lron 46563
u
Oil and Grease
mg/L
K-Potasslum 46555
mg/L
Mg-Magnealum 40554
m
Mn-Monganaso 45565
NH, as N 610
mg/L
TKN as N 625
mgtL
NO2 + NO, as N 630
mg/L
P: Total as P 665
mg&
Nitrate (NO3 as N) 620
mglL
Nitrite (NO, as N) 615
mg1L
GW -54 REV. 7103 For DlssOmd Analysts -submit tiAered sample and write `DIS" in block.
AgSllvor 45566
u
AI -Aluminum 46557
u IL
As-Arsantc 46551
u
Ba -Barium 46556
u n,
Ca -Calcium 46552
mg/L
Cd -Cadmium 46559
u /L
Cr -Chromium 46559
u l
Cu -Copper 46562
u /L
Fe-lron 46563
u
419 -Mercury 71900
u ti
K-Potasslum 46555
mg/L
Mg-Magnealum 40554
m
Mn-Monganaso 45565
No -Sodium 46556
mg/L
Ni•Nickol
u
Pb -Load 46564
u IL
So -Selenium
2 -L
Zn -Zinc 46597
u /L
Q enochtorine Pesticides
Ornanaphosphorus Pastiddas
N en Pesticides
Acid Herbicidas
PCBs
Semlvolatila OrgFinics
TPH-Diesel Range
Volatile anics OA bottle
TPH-Gasollne Range
TPH-BTE% Gasoline Range
LM USE ONLY a
Temperature on arrival:
11

North Carolina
,GROUNDWATER FIELD/LAB FORM Department of Environment and Natural Resources
DIVISION OF WATER QUALITY -GROUNDWATER SECTION
SAMPLE TYPE SAMPLE PRITORITY
ater �[ 7
County 40nj r' 7L�'W Routine Lab Number
❑ Soil ❑ Emergency
Quad No"
Serial No. ❑Other Date Received '9:-22-a Time: �► 2
Lat. Long. Recd By 7i+^+S From:Bus, Courier and De .,
❑Chain of Custody Other.
Report To: Qom, FRO, MRO, RRO, WaRO, WiRO, Data Entry By: T�5 Ck: -14AS
WSRO, Kinston FO, Fed. Trust, Central Off., Other: Date Reported: !c= Z-CY
Shipped by: Bus,, -.Courier, UAUdj ol., Other: Purpose:
Collector(s):Z. '-i Date 2 -.41- C! TimejD'1M#itr Baseline, Complaint, Compliance, LUST, Pesticide Study, Federal Trust, Other, r+ u,re c 1 m
FIELD ANALYSES Owner Cor (Ch One)
PH 00 Spec. Cond.94 at 25°C Location or Site ClieGC_ 114-.4-+}�_ wZZ c _ o ;.n4
Temp.lo °C Odor Description of sampling point__Fjoc,r�
Appearance Sampling Method -..0 Samplo interval
Field Analysis By: Remarks
LABORATORY ANALYSES (p�rWarna.air twa.•aw.)
BOD 310
mg/L
COD High 340
mgA..
COD Low 335
mg1L
Coltderrn; MF Fecal 3161616&OCCJ At;1100m1
Coliform: MF Total 31504
1100MI
TOC 68o
MA
IIITurbldky 76
NTU
Residue, Suspended 530
mg1L
mglL
Fe4ron 48583
usiA.
Oil and Grease
pH 403
undls
Alkalinhy to pH 4.5 410
mg/L
Alkalinity to pH 8.3 415
rmgdL
Carbonote 445
mgfL
Bicarbonate 440
mg/L
Carbon dioxide 405
m91L
Chloride 940
mgA_
Chromium: Hex 1032
ugA-
Coi°c True 80
Cu
Cyanide 720
mg/L
Lab
Diss. Solids 70300
mg[L
Fluoride 951
mg/L
Hardness: Total 900
mglL
Hardness (non�carb) 902
mg/L
Phenols 32730
ugA
Spodflo Gond. 95
uMhoslan
Sulfate 945
mg/L
Sulfide 745
mglL
Fe4ron 48583
usiA.
Oil and Grease
mg/L
K4Nr4=slum 48555
m
Mg -Magnesium 48554
m
Mn-Manganow 46585
&
NH3 as N 610
n+92
TKN as N 625
mg/L
NO2 + NOS as N 630
m91L
P: Total as P 665
mg/L
Nitrate (NO3 as N) 620
mgA_
Nltdts (NO} as N) 815
mg/L
7103 For Dhisohred Anatysis-submit tlherod sample and write 'DIS' In block.
Ag -Silver 46566
u h
A"uminum 48557
u
As -Arsenic 46551
u 1L
Ba-Barlum 46556
/L
Ca -Callum 46552
m
Cd-Cadmlum 48559
u n
Cr -Chromium 46559
u
Cu -Copper 46562
u
Fe4ron 48583
usiA.
Hg -Mercury 71900
K4Nr4=slum 48555
m
Mg -Magnesium 48554
m
Mn-Manganow 46585
&
Na -Sodium 46556
M911 -
NI -Nickel
Pb -Load 48564
u /L
SeSoleniu m
UgIL
Zn -Zino 46567
Organochlorine Pesticides
D enc hos haus Pestlddes
Nitrogen Pestiddes
Add Herbicides
PCBs
Semivolatile O snics
TPH-Diesel Range
volatile Organics OA bottle
TPH-Gasoline Range
TPH-STEX Gasedino Range
LABUSE ONLY
Temperature an arrival: L./. O�

• NORTH •OLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRCEs
❑nnsioN OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
February 22, 1999
Mr. William Johnston
Small Acres Dairy
470 Jeffress Road
Fletcher, North Carolina 28732
Subject: NOTICE OF DEFICIENCY
Animal Waste Lagoon Management
Small Acres Farm
Facility Number 45-7
Henderson County
Dear Mr. Johnston:
The Animal Waste Management Plan approved for Small
Acres Farm requires that at least three feet (3 ft.) of
lagoon freeboard must be maintained at all times except in
response to a 25 year -24 hour rainfall event. No such rain
fall event has recently occurred.
On February 16, 1999 the writer observed less than six
inches (6 in.) of freeboard in the larger lagoon serving
Small Acres Farm. I spoke with Mr. Bradley Johnston about
the need to start lowering the animal waste level in the
lagoon making use of an approved waste application field.
On February 18, 1999 it was observed that approximately one
inch (1 in.) of freeboard was in the large lagoon.
Small Acres Farm is in violation of the freeboard
requirement in its Animal Waste Management Plan. On the
afternoon of February 18, 1999 Mr. Bradley Johnston notified
me that the transfer of waste from the large lagoon to the
smaller lagoon had begun. Please notify me when three feet
of freeboard has been restored to the larger lagoon.
It was observed that neither animal waste lagoon at
Small Acres Farm has a Maximum Liquid Level Marker. I am
requesting that you place such a marker in each lagoon.
Said marker should be clearly marked to indicate the three
feet ( 3 ft.) below top of dam level.
INTERCHANGE BUILDING, SR WOODFIM PLACE, ASHEVILLE. NC 2BBO1-2414
PHONE 82 I-251-5208 FAX [phone]
AM EQUAL OTPORT'UNITY /AFFIRMATIVE ACTION EMPLOYER - SOX RECTCLKWI0% MST -CONSUMER EATER

•
William Johnston
February 22, 1999
Page Two
•
As a manager of an animal waste disposal system, it
would be in your best interest to take advantage of every
possible opportunity to land apply waste thereby lowering
lagoon liquid levels. Given that your family now operate
three, soon to be two, farms with animal waste management
systems and given that the same equipment is used on at
least two farms you will have to be especially diligent to
make sure you do not find your self needing the same piece
of equipment at two different places at the same time.
Please contact me 828-251-6208 when three feet of
freeboard is restored in the large lagoon and later when
Maximum Liquid Level Markers are installed.
Sincerely,
Roy M. Davis
Environmental Engineer
xc: Henderson County Health Department
Bob Cathey
Sue Homewood
SMALL.NOV

C
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Asheville Regional Office July 15, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. William Johnston
Small Acres Dairy
470 Jeffress Road
Fletcher, NC 26732
Dear Mr. Johnston:
IDEHNR
Subject: NOTICE OF VIOLATION
Discharging of waste without a permit
Small Acres Dairy
Henderson County
This letter transmits a Notice of Violation for conditions found on
the inspection of the dairy waste management facilities on July 2, 1997.
The conditions constitute violations of North Carolina General Statute
143-215.1(A)(1) for making an outlet into waters of the State_
There were two discharges to an unnamed tributary to the French
Broad River, classified as class C waters of the state:
(1) There was a small discharge from the manure pile at the calf barn.
It is understood that normal procedure is to remove the manure directly
to a land application area rather than to a stockpile.
(2) There was a discharge from the open field in front of the dairy
where dairy waste is applied.
Work had been initiated on the lagoon. Please complete this project
as soon as possible to correct the conditions causing these discharges.
If you have any questions concerning this matter please do not
hesitate to contact me or Mr. Paul White at [phone].
Sincerely,
Q—& -
o.-�..n
Roy M. Davis, Regional Supervisor
Division of Water Quality
cc: Henderson County Soil and Water Conservation District
Regional Coordinator, NC DSWC
Roger Mgney
Interchange Building, 59 Woodln Place ' Sys FAX [phone]
Asheville, North Carolina 2880) Nftf CAn Equal opportunity/Affirmative Action Employer
Voice 704-251-6208 50% recycles/10% post -consumer paper