360001_PERMIT FILE_20171231

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary _
Kerr T. Stevens, Director
David Beattie
Beattie Dairy
525 Absher Road
Bessemer City NC 28016
Dear David Beattie:
4C4• •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATUF".I&Ft%WpWS
WgWRONMENT, HEALTh
e
January 24, 2004 NATURAL RESOURCES
FEB 4 2000
MISION OF FAYIRBNt1FNTAL IIANACIVINr
MflOR1SVII1.E Ri MAl OFFIel
Subject: Removal of Registration
Beattie Dairy
Facility Number 36-1
Gaston County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H.0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H.0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will subject you to a civil penalty up to $25,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits
listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals
to that level. Threshold numbers of animals are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
—Poultry with a liquid wastes stem
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at [phone] ext 571.
Sincerely,
� U
Kerr T. Stevens, P.E.
cc: Mooresville Water Quality Regional Office
Gasion Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
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_+A/AJ
f NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 9, 1999
David Beattie
525 Absher Rd.
Bessemer City, NC 25016
Subject: DWQ Animal Waste Operations
Site Inspection Report
Beattie Dairy, Facility #: 36-1
Gaston County, NC
Dear Mr. Beattie:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
March 4, 1999. It is Mr. Johnson's understanding that your certified farm plan calls for:
• The pouring of a concrete pad in the earthen manure holding structure (dry
stack) and the seeding of its embankments.
• The diversion of the runoff from the paved lot into the storage pond.
• The installation of an irrigation system.
As discussed during the inspection, it is requested that you seek removal from
the state register by March 12, 1997, since the number of cows at the dairy is less than
the threshold of 100 animals. Since you are operating without a special agreement with
the Division of Water Quality or a certified farm plan, this matter will be turned over to
the Attorney General's Office for appropriate action.
If you have any questions concerning this matter, please do not hesitate to
contact Mr. Johnson or me at [phone].
Sincerely,
L
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc: Gaston SWCD
Non -Discharge Compliance Unit
Regional Coordinator
018 NORTH MAIN STREET, MCOON gSVILLE. NORTH CAROLINA 281 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - E09ia' RECYCLED/I 0% POST -CONSUMER PAPER

0 Division of Soil and Water Conservation - Operation Review
e„
13 Division of Soil and Water Conservation Compliance Inspection
'Division of Water Quality - Compliance Inspection
[] Other Agency - Operation Review
II&Routine O Com taint O Follow -u or l)W ins ection O Follow -u of DSWC review O Other
Facility Number Mite of Inspeclion
Time of Inspection nn 24 hr. (hh:mm)
[J Permitted © Certified [J Conditionally Certified{ Registered Not Operational Date Last Operated:
FarmName: ... ji.�.. ..,tT•1.. ..... ........................ .............................. County: ...�g T�tl................................................
.
Owner Name........... at,o. LTs er............... ..... Phone No: .......... i�..?-C..." . .. ...%J................................
FacilityContact:..............................................................................Title:................................................... . Phone No:...................................................
Mailing Address:....s..... ... ....... .�r �l.�. ......01� . .............................................7". .... CK -Al
.................. �.J�....
Onsite Representative...........D4a/.L.C1.............. t;'....L....�................ Intcl;rator:................................................................
�7
Certified Operator:.......r-DA.it.c•Cl........................{�4-a ............. Operator Certification Nttmher:....�..�.;�.ri�.............
Location of Farm:
I&
................................................... .................... ....................................................................................................................................
Longitude
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑ Wean to Feeder ❑ Layer lFairy
❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other
❑ Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars Total SSLW
Number of Lagoons JEI Subsurface Drains Prese2LIEI Lagoon Area JEI Spray Field Area
Holding Ponds I Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? (Yes ❑ No
Discharge originated al: ❑ Lagoon ❑ Spray Field []Other
it. if discharge is observed, was the conveyance main -made? ❑ Yes ❑ No
h. If discharge is observed. did it reach: ❑ Surface Waters ❑ Waters of the State ❑ Yes ❑ No
c, li• discharuoe is observed. what is the estimated flow in gal/min?
d. Docs discharge bypass a lagoon system? ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes XNo
3. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes P(No
Waste Collection & rreatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (niches) . ............. 3..P ......... ................. ................... ..............
....,............................................................................................................................
1/6/99 Continued on back

Facility Number: — Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑YesNo
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes [(No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenanee/improvement'? {kYes ❑ No
8. Docs any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes No
9. Do any stuctures lack adequate, gauged markers with required top ol' dike, maximum and minimum
liquid level elevation markings? ❑ Yes 9 No
Waste Aanlication
10. Are there any buffers that neer! maintenance/improverent? ❑ Yes Wo
11. Is there evidence of overapplication? ❑ Ponding ❑ Nitrogen [—]Yes �No
12. Crop type :. t.t'P.................................................................................................................................................................:.................I.................
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. Does the facility lack wettable acreage for land application? (footprint)
15. Does the receiving crop need improvement'?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports)
20, Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a certified operator in responsible charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss reviewhi spection with on-site representative?
24. Does facility require a follow-up visit by same agency?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
NA:vialations or. deticiendes :were rented: rirtrin :this visit:: frit' r*viyl:r' 'eive .. Nrtlier
cher-�spaidei►ce;ahoufthis'visit.: ; ... ::::.:: .. ; .. ; ;
Comments (refer. to question #): Explain any YES answers and/or any'recommendatiops or any.other comments.
Us1e Drawings ,of facilityto better explain situations. (use[ additional pages as necessary}; t .• . - `'
.s rC, anti
�l� �}}r•I< v��edS �e t'��7iS� ej ovl & St tk, %rrG,7 t�]/� ewban�cv'�titits
Q~e•- Ih fi��iCt� ��tr i'tdi S�NQCc� : �O�7c4-��C_liva ►` c'« TSn�� t�o�..�re�/I
6"' c 1t.�� lfG� t� Cum / -'r— L
i,
6r^ S l � b1p4j'C fkc&.. L e_,e_iA
7
Reviewer/Inspector Name a ✓t 5 d
Reviewer/Inspector Signature: X. Date:
a
r
"r
1/6/99

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WASTE MANAGEMENT PLAN
BEATTIE DAIRY DAIRY SIZE: 100 COWS
GASTON COUNTY, NC JOB CLASS: IV
FARM NUMBER:
1400
TRACT NUMBER:
824
LOCATION:
Gaston County, NC - on state road 1450
TYPE OF OPERATION:
Family Dairy Farm
SIZE OF FARM:
56 ACRES
SIZE &XYPE OF4DAIRY HERD:._
t,.
C80.Ho1staii-Mi�d
WATERSHED:
Long Creek
NAME OF STREAM:
Long Creek
HYDROLOGIC UNIT NUMBER:
03050102070020
RIVER BASIN:
Catawba River
BASIN CODE:
030836
CRiTiM—WATER SUPPLY -WATERSHED
ND'
TECHNICAL ASSISTANCE:
CiASTONCOUNTY NATURAL RESOURCES
CONSERVATION DISTRICT
NAT URAL RESOURCES CONSERVATION
SERVICE
COOPERATIVE EXTENSION SERVICE
File: dbeattie/wmn-covr.wpd

w
Division of Water Quality
919 N. Main St.
Mooresville, N.C. 28115
Dear Sirs;
Alan Johnson
I am writing you this letter to let you know that I
am working with the soil and water people the best I can to
get all my plans completed. I hired a contractor to put in
my Dry Stack which he said he would do as quick as the weathers
permitting. I couldn't put in my irrigation system becausethe
line has to go behind the dam on the Dry Stack.
The reason I didn't enter into a special agreement with
Division of Water Quality was I knew this date couldn't be
reached due to the growth in Gaston County and adjoining
counties.Everyone I ask about doing the work was covered up
in 1998. I just want you to know and may not be aware of that
my plans call for under 100 cows, which I am under and will
stay there till everything is completed.
Thank You
David Beat ie
Telephone: [phone] t -
Fax: [phone]

JAMES B. HUNT JR.,.
GOVERNOR
WAYNE'MCDEV 1+T % n..:..
Gam.=r--�...x-. .:••..�..
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 19, 1998
David Beattie
525 Absher Rd.
Bessemer City, NC 28016
Subject: Site Inspection
Beattie Dairy, Facility #: 36-1
Gaston County, NC
Dear Mr. Beattie:
Mr. Alan Johnson of this office has been asked on several occasions about the
appropriate time and proper method to take soil and waste samples. Also, during his
inspections, he has noticed that while the storage capacity may be adequate in the
storage pond/lagoon, in some cases it was not at the level set forth in the waste
utilization plan. Mr. Johnson has also noted that some animal operations using
hay/pasture systems do not appear to be properly managing the hay crop in the waste
application fields. This letter is to highlight some concerns and provide some
general guidance for the animal facilities regarding the management of the storage
pond/lagoon and waste application fields. For more specific/detailed information,
please contact your technical specialist or your local agricultural extension service.
Be advised that should a farm be found violating its farm plan and/or have an
unpermitted discharge, besides facing civil penalties, the facility could be required to
apply for an individual permit. Currently, most farms are operating under a general
permit.
Waste applications
Just as you manage the animals at your facility, proper management of the
waste (lagoon/storage pond level) is important. The waste must be pumped from the
ponds at the correct.time and provide for maximum utilization of the nutrients by the
crop. Remember, waste application rates in your farm plan are based on agronomic
principles, and assumes the waste will be applied when the nutrients are required
(e.g., applying waste to corn at tasseling or Bermuda grass in November is of little
use for the uptake of nitrogen). Also, the established application rate assumes that
the previous crop has been removed from the field.
616 NORTH MAIN STREET, MOOREDVILLE, NORTH CAROLINA 281 18
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO)p RECYCLED/10% POST -CONSUMER PAPER

or,
Page 2
Grass and small grain crops grown for hay should be harvested in a timely manner. To
maximize nutrient uptake, as indicated in the waste utilization plan, and for highest quality, the
crop should be harvested at early boot stage (generally every 4 to 5 weeks). Small grain for
silage can be harvested in the soft dough stage when direct cut. Contact your agricultural
extension agent or technical specialist for proper guidance.
eneraI Recommendations for Nitrogen AIication for ommon ro s:
• Small Grains: One-third (113) N at planting and remainder in late February or early
March.
• Corn/Sorghum: For facilities that pump and haul, N should be applied prior to planting.
For those facilities that irrigate, a split application with half at planting and the remainder
when the com is 18 inches high.
• Fescue/Orchardgrass: Apply one-half (112) of the N in mid-February to March and one-
. ,.
half (112) in mid-August to September.
• Bermuda grass: Establishing: 30 to 401bs N/ac at planting and 30 to 60 lbs N/ac when
runners appear (6 -8 wk. after planting). Maintaining: 50 to 60 lbs N/ac in April and the
remainder of the recommended amount in equal increments in June and July or after each
cutting.
Finally, there have been instances where the amount of waste pumped (as shown in the
waste application records) from the lagoon/storage pond does not appear to agree with the
amount of waste produced by the animals. One would expect on an annual basis that the amount
pumped would be'approximately equal to the amount being produced. For example, if dairy is
generating 453,000 gal/yr in waste, then approximately 453,000 gallons of waste should be
accounted for in the waste application records over a year. However, there may be some
difference due to how low the storage pond was pumped, the number of cows being held in the
facility, or the amount of rainfall.
Soil analvsis (FREE)
Fifteen to twenty (15 to 20) soil samples per field (20 acres or less) is desirable. The
samples should be thoroughly mixed and sent in as one sample. Each sample should be pulled 4
inches deep for pastures and no -till systems and 8 inches deep for conventional tillage systems.
Taking samples during the fall is advisable. The state lab is not as busy at that time and
can provide a more timely tum around with the results. This is also a good time to apply lime if
recommended by the soil test. When liming is necessary, it is important that it be applied as
suggested. Maintaining proper soil pH is as important (if not more so) than fertilizing to
maximize crop production.

Page 3
Waste samples/analysis ($4/sample)
The state lab now has the capability to conduct analyses and provide the results within
two working days via the internet. Through the US Postal service allow seven days. Take
samples in a timely manner such that waste application rates can be based on the most recent
sample results.
Six to eight (6 to 8) samples should be taken around the edge of the lagoon/storage pond,
approximately 6 feet from the edge and 12 inches below the surface. These can be mixed to
make one sample. The sample should be refrigerated if it is pot going to be shipped the same
day. Always mail waste samples in plastic containers.
For farmers who do not have to agitate the lagoon/storage pond prior to application, it is
strongly suggested that waste samples be taken prior to waste application. This will prevent the
pforducer from having to go back and complete the waste application record at a later date.
For farmers who apply waste to hay fields and pastures, it is strongly suggested that
waste samples be taken quarterly if the waste is applied anytime during the growing season.
If you have questions concerning this matter, please do not hesitate to contact Mr. Johnson
or me at [phone].
cc: Gaston SWCD
Non -Discharge Compliance Unit
Regional Coordinator
Sincerely,
0' � ��%'Yv1G�rr-
D. Rex Gleason, P. E.
Water Quality Regional Supervisor

State of North Carolina
Department of Environment,
and Natural Resources
1\ Division of Water Quality
James B. Hunt, Jr., Governor
Wavne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
VIEVI0RANDUVI
TO: Regional Water Quality Supervisor
A,
7
NCDENR
NcRTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsoURCES
01.
NATv'.1AL
MAR 24 1998
FROM: Shannon Lan2lev.5..r. ��
fw�----7''� .+
SUBJECT: Application for special agreement
Please find attached a copy of application for special agreement for facility number
If you have any questions, please call me at 733-5083, ext. 581.
ATTACHMENT
P
///Y 7
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Afrwmative Action Employer 50%a recycled/10% post -consumer paper

State of North Carolina
Department of Enviroment and Natural Resources
Division of Water Quality
This letter is trying to explain why I haven't
completed my .0200 certification. A letter like this is
hard to write, because there are so many reasons. I guess
number one reason is money, when cost is more than income it
is hard to anything. I've had to dissolve my partnership with
my brother, which took over two years, which I just got
settled on January 5, 1998.This was part of the reason he left.
I had a heart attack in Feb. 1996 caused by stress.
I've done the best I possibly could with the help I've had.
I will finish the other project in the time that I've asked
for in the proposed schedule for obtaing certification.
Push off ramp-Dec.31,1999
Setting Basin -- pipeline-Dec.31,1998
Irrigation System - Dec. 31 , 1 998 --
Waste Storage Structure - Dec.31,1999
Stock Trail at Storage Structure - Dec.31,1999
Livestock Exclusion from Waste Structure - Dec.31,1999
Thank you for understanding.
David L. Beattie
RECEIVED
wmrl 1 ] MO
QUALITY SECTION
', fcr;=w;:.ftiare Compliance Enf.

RECEIVED
State of North Carolina f,,Arc 1 7 wo
Department of Environment and Natural Resources
!'r,'li �7. � QUALITY SECTION
Division of Water Quality II-Y..-Dim.har+Je Compliance Enf.
APPLICATION FOR SPECIAL AGREEMENT
(rNFORAATION R QUIRE? FOR _\T LAI.OPER DONS REQUEST IR3 A SPECIAL CTREE-v!E_vM
I. GENE.RLAL INFOR1I ATION:
1. Applicant (Oen,ner of the facility) David Beattie
2. Facilitv No: 36-1
3. Facility N. a- me: BE A"1TTIE DAIRY
4. Print Type Owner's or Signing Official's blame and Titie t:thc Person Vvho is legaily
responsible for the facility and its compliance):
_David Beattie
5. Mailing Address_525 Absher Rd.
City: _Bessemer City State:—NC- Zip: — 28616-7768_
6. County where facility is located: —Gaston
7. Operation Type (Swine, Poultry, Cattle): Dairy
8. Application Date:
II. ELIGIBILITY FOR A SPECLAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1995, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
September 1, 1996 with their local Soil and Water Conservation District office and wlio makes a
good faith effort to obtain an approved anima waste management plan by December 31, 1997.
This special agreement shall set forth a schedule for the operator to follow to obtain an approved
animal waste management plait by a date certain and shall provide that the ENIC shall not issue a
notice of violation for failure to have an approved animal waste management plan so long as the
operator complies with the special agreement. Operators who did not register by September 1,
1996 with their local Soil and Water conservation District office or who can not document that
they made a good faith effort to obtain an approved animal waste management plan by December
31, 1997, will not receive a Special Agreement from the EMC.`. These facilities will be subject to
civil penalties, criminal penalties, injunctions and all other enforcement tools available to DVVQ.
1. Date facility requested assistance from their local Soil & Water Consemation District
Met with District Tech. sign cost share form:
$113196
FORM ,SPAG 1198 Page 1 of 4

- Efforts Made since Februar'v 1, 1993 to deveIope aild iniplemunt a eel-6fied aninial
waste management plan (Use additional sheets if neccesary). This summary muse
include:
A. All contacts made with tcchnical specialist
B. Dates and rvpcs of plans dcvclopcu'
C. Contracts signed
0. f=unds cxpcndcd
E. lmprovcmcnts made to system
F. Animals removed and not restocncd at the facility
G. other actions takcn
A. ALL CONTACTS MADE WITH TECHNTCAL SPECIALIST
02i 15i95 - Signed NCAC'SP Plan 4 36-95-60-03,
06i14i95 - Discussed ,0200 regulations. registration. & certification with technical
specialist. Informed technical specialist of intent to become certified and to proceed "ith
Waste Management Plan.
09/15/95 - Discussed location of waste storage pond with technical specialist.
12;15195 - Discussed Waste Management System with technical specialist. Agreed to the
installation of waste storage pond in Draw and waste storage structure on east side of
fccd lot.
04125,195 - Discussed with technical specialist the approved pond design.
45/03!96 - Met with technical specialist and went over plan.
45116196 - Expressed concern to technical specialist about maintenance on steep cut
slopes.
06/12/96 - Inquired about Request for Payment for waste Aorage pond.
06/13196 - Was advised by technical specialist that Request for Payment was being
processed.
F01M SPAG 1198
Page 2a of 4
ti

A. (Continued)
06/24,96 - Was advised by techi,ical specialist to contact them whet, concrete was
cleared off for settling basin area. Informed them that it may be after.1111N, 41h.
0 113196 Signed Certification of District .0200 Assistance form.
I0407-96 - Met with technical specialist and irrigation contractor to discuss irrigation
system.
01!28'97 - Recieved plans for Settling Basin and Settling Basica Pipe and revie% ed these
pians with technical specialist.
�t 04129)97 - Reviewed and. signed application, a ffeeirient. & plan of operation for NCACSP
Plan # 36-97-77-03.
05/07/97 - Was informed by technical specialist of the correct elevation to set outlet pipe.
05/20/97 - Reviewed and sir=ed Request for Payment for Milkwater Pipe and Catch Basin
#1. _
08/05!97 - Called and talked to technical specialists on when the; will have a plan read},.
11120197 - Met xvith technical specialist and reviewed Aninnail Waste System Plan.
12/01/97 - Signed and recieved approved Animal Waste Management System Plan.
12/01/97 - Signed Waste Utilization Plan.
01/14/98 - Reviewed and recieved approved copy of NCACSP Plan ## 36-97-77-03.
B. DATES AND TYPES OF PLANS DEVELOPED
02/15/95 - Signcd NCACSP Plan # 36-95-60-03.
04/29,197 - Signed NCACSP Plan t'.36-97-77-03.
12/01/97 - Signed Approved Animal Waste Management System Plan.
12/01/97 - Signed Waste Utilization Plan.
FORM SPAG 1/98, Page 2b of 4

I
' C:
C. SEE SECTION "B"
D. FUNDS EYTENrDED
05/34/96 - Waste Storage Pond: $ 11.476.00
05/30/96 - Diversion . $500.00
05113C06 - Water finppty Line Pipe: ,S726.0f'F
05/20%97 - Catch Basin #I : S 1.233.20
V. qRF. SF.C'TT0X "D"
F. (None)
G. OTHER ACTIONS TAKEN
07/22/97 - Attended C'ertitication 'Training for operators of Animal Waste Management
Systems-: Type B
WORM SPAG 1198
Page 2c of 4

H. PROPOSED SCHEDULE FOR OBTAINING CE�R71M%AliOl! :
Please list. cacti of the specific things that will be done at your facility to implement a
certified aiiiiiial waste management Flan and the date you will have each activity
completed. This must include a reviews of !he possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implcmenled. Please also list the date on which animals werc inusi recently restocked at
this facility. The FMC reserves the right to deny any proposed schedules thar are
excessively long. "Use additional sheets if necessary).
DA -FE
�q
Push -off Ramp: e
Settling Basin / Pipeline
Irrigation System :E'er
Waste Storage Stntcnire „C
Stuck Trail (at Waste Sturage Strtwkure) : _ _12er, ,3 e / , __ ..
Livestock Exclusion (flora Waste Storage Strucutre) : /J G /
Applicant's Certification:
T. David Reattie
Agreement
attest this application for a Speciat
with the EMC has been reviewed by me and is accurate and complete to the best of my
Knowledge. I understand if all required pans of this application are not corn,I ed and if 111
required supporting_ information and attachments are not included, this application package will
be returned as incom fete. Futhermore I a est b • n • signature that i fully understand that if
this faci.lityjs found to be ineligible to enter into a special ag_meement with the EMC nothing in
this document removes m , responsibilily and liability for coMlying with all NortLi Carolina
General Stutues and R gttlations. Iunderstandthat the failure to meet any dates that are agreed
uyon by myself and the -EMC will result in-annrunriate enforcement actions beim: taken by the
EMC.
David Beattie
Print Name of _ er
C Y DATEAA�—/0/ e'
Signature f Owner
FORM SPA.G 1/98 Page 3 of 4

Reauired !teats:
One Cl) original and nvo 62i copies oj'rhe compieted and appropriarciv axecured
.plication fi)rpn, along ivill? a;Z]_� attac^/tineilts.
THE COWLETED APPLICATION PACY-kGE_ INCLUDED ALL SLJPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWINTG
ADDRESS:
NORTH CAROLIN.N.e. DMSION OF .WATER QUALITY
NVATERQUALITY SECTION
NON-DISCMARGE COMPI.,MNC:E/L.NF0RCE:NI [ENT UNIT
0SIL 0 F F ICIL' i3UX 295.335
K'�LEIOH, NORTH ICAROLEi.1 27626-0535
! NGlaIc. le_*Te r
st�tra5 way yo(A-
Ave- Nat c0^YO/e4'.J
FORM SPAG 1/98
Page 4 of 4

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Beattie
525 Absher Road
Bessemer City NC 28016
Dear David Beattie:
1PWA•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 17, 1998t7"
.-
AL PO 1998
..:_4T
Subject: Special Agreement
Certified Animal Waste Management Plan
Beattie Dairy
Facility Number: 36-1
Gaston County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 17, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with David Beattie in order to allow
additional time for David Beattie to obtain and implement a certified animal waste management
plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
P.O. Box 29535, Raleigh, North Carolina 27626-OS35 Telephone [phone] Fax [phone]
An Equal Opportunity Afrwmative Action Employer 50% recycled/]0 % post -consumer paper

Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 571 or Ms. Sonya Avant at [phone] ext. 571.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File -- Non -Discharge Comphance/Enforcement Unit
DWQ Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GASTON
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 36-1
DAVID BEATTIE
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by David Beattie, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Pian in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical to develop animal
waste management system which, once certified, will meet or exceed all
applicable guidelines and standards and will be able to comply with all aspects of
the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 36-1
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of -DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

Farm Number: 36-1
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Beattie Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Beattie
525 Absher Road
Bessemer City NC 28016
Dear David Beattie:
1 � •
NCDENR
NbRTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND -NATURAL RESOURCES
E�lAT`[I.tr� 1
SEP 18 19,1M
LIVISIOU OF
Subject: Special Agreement
Certified Animal Waste Management.Plan
Beattie Dairy
Facility Number: 36-1
Gaston County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 17, 1998, the Environmental Management
Commission (EMC) proposed to enter into a special agreement with David Beattie in order to
allow additional time for David Beattie to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility. That proposed agreement was received by
you on July 20, 1998 with a response to the Division of Water Quality being due by August 3,
1998. To date, no signed agreement or response to the proposed agreement has been received.
Therefore, the subject facility is being operated without a valid permit and is subject to civil
assessments of up to $10,000.00 per day. If no response is received from you within 14 days of
your receipt of this letter, staff from the Division of Water Quality's regional office will be asked
to perform an inspection of your farm. If you are found to be in operation above the threshold
established by 15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated.
Please find enclosed another copy of the proposed Special Agreement. If you agree to abide
by the dates and terms of the attached schedule, you must sign, date and return the enclosed
documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14)
calendar days of your receipt of this letter. If you have already implemented your CAWMP,
please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of
your receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

V
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North
Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates
and conditions of this agreement that are not met shall be subject to civil penalties, criminal
penalties, injunctions and all other enforcement tools available to the Division of Water Quality.
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 581 or Mr. Steve Lewis at [phone] ext. 539.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
MRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

M
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GASTON
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 36-1
DAVID BEAT"T1E
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by David Beattie, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 36-1
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate,
The only issue in such an action will be -whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 36-1
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management pian.
For Beattie Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

som�k � �' � Division of Soi! and Water Conservation � Other Agency �
Division of Water Quality
i
Routine O Como Unt O Fnllory-u 'of [)W ins t -,tion O Follow-up of DSWC review O Other
Date of inspection
Facility Number
Time of Inspection 24 hr. (hh:mm)
Registered [3 Certified ' © Applied for Permit [3 Permitted 113 Not Operational . Date Last Operated:
Farm Name: .........1.)a,(1..,...../..`G.....J.. County. ...
........... ...... ...... .............. .................
-Owner Name:.. .................... ..1.0/�i........t epi.. e..... .... Phone No: ;P '..- ......... 41.71.0.............
.................................. ..... .......
FacilityContact: .............................,................................................ Title:........................
Mailing Address:
Onsite Representative:........ u,c .................
........ �ea_'#�'.............
Certified Operator...........�>.sl..!ck....................... e—
Location of Farm:
.............. I........................ Phone No:...................,...............................
.....0 � .....................- .5' 1.. ..
Integrator: ......................................................................................
Operator Certification Number....;?16_�..�? ..............
f'TGt ...reess-ex—Mf.:........ C. 1. V......: r.Q;77e7...,........7........... /.:ctt....... tir:�A........ ...�.�......... ........ t�l�tnrar bra,.
f 1
f�t.s.d.Q1f�..... _ ..Ll%tk.K�.......... r G� Fi�tr'�.....:......... �►�....fh. ....txs. C ...t.�--x-�- .-5.q�?1r. �....^ �.t.S Fx£ r... J�c�..�........ 3.r..lnr,......
I n4.....I- i .(C 101 u Ic 1 �-yi Fcc r .J 1 e f tel• 1 ♦� Ii I /'ts-1 Itc 4 e"
did�iiiidiii��s�������1, � - �e•»�t�� a'a���
w Design Current
wine Capacity Population
4
❑ Wean to Feeder
10 Spray Field Area
❑ Feeder to Finish
❑ Farrow to Wean
1.
❑ Farrow to Feeder
❑ Yes
❑ Farrow to Finish
2.
❑ Gilts
, Yes
❑ Boars
Design,-, Current Design Current
Poultry ,'Capacity Population Cattle Capacity Population
❑ Layer I I jWbairy
❑ Non -Layer I I ❑ Non -Dairy
❑ Other
Total Design Capacity
Total SSLW
c. If discharge is observed, what is the estimated flow in gaUrnin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes %No
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes g No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes tRNo
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ANo
7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes �No
7/25/97
Continued on back
Number of Lagoons / Holding Ponds 10 Subsurface Drains Present ❑ Lagoon Area
❑ No Liquid Waste Management System
10 Spray Field Area
General
1.
Are there any buffers that need maintenance/improvement?
❑ Yes
KNo
2.
Is any discharge observed from any part of the operation?
, Yes
❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. if discharge is observed, was the conveyance man-made?
❑ Yes
❑ No
b. If discharge is observed, did it reach Surface Water? (if yes, notify DWQ)
❑ Yes
❑ No
c. If discharge is observed, what is the estimated flow in gaUrnin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes %No
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes g No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes tRNo
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ANo
7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes �No
7/25/97
Continued on back

i''acill{� Number: --
8. Are there lagoons or storage ponds on site which need to be properly closed?
Struetures La goons Holding fonds Flush fits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I Structure 2 Structure 3
Identifier: ...................
Freeboard(ft): ....................................................................................................
10. Is seepage observed from any of the structures?
❑ Yes A No
❑ Yes X No
Structure 4 Structure 5 Structure 6
11. Is erosion, or any other threats to the integrity of any of the structures observed'?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application
14. is there physical evidence of over application?
(if in excess of WMP, or runoff entering
//waters of the State. notify DWQ)
15. Crop type/n..r...:.l� /1.... . (r4l.,e ............ ..�s.�
16. Do the receiving crops differ with those designated in the Animal Waste Management flan (AWIVIP)?
17. Does the'faciiity have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/(nspector fail to discuss review/inspection with on-site representative?
22. Does record keeping need improvement?
For Certified -or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit'?
Q No.vio'lations or deficiencies. were- noted- during this visit.":You.w'ill receive no further
correspondence &oiit this'visit'.• ; -
❑ Yes X\o
❑ Yes No
❑ Yes No
XYes ❑ No
❑ Yes ANo
❑ Yes
XNo
❑ Yes
XNa
❑ Yes
XINo
WYes
❑ No
❑ Yes
%ZNo
❑ Yes
R No
❑ Yes
No
❑ Yes bNo
Cl Yes $ No
❑ Yes 42�o
Comments (refer to question #):.Explain any VES answers and/or any recommendations or any other comments
Usedrawin of facility to better, explain situations. (use additional pages as necessary) �y s
A14 4c.5 faertj 9:; ��� Gt rs 1mr-,
Zt��c 4�id�1 S S Q A S �vG.� 5�-:��e �►"t� S� b[ f 'b
2� ;5 0 V A a. CLA-. i5 s�ov-e� oin COvt cs-+e�� e i � e c c �-iow s ct P rr� Sc�
a o'- Svo 4 44ro47L
r
��h r�t�l T4s Fc• �� pc�.�e (o - S ai f'� i 4e> Soopi.
7/25/97
Reviewer/Inspector Name:
Reviewer/Inspector Signature: Date: —3 o
a

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
David Beattie
525 Absher Rd.
Bessemer City, NC 28016
Dear Mr. Beattie:
EDEHNR
DIVISION OF WATER QUALITY
August 25, 1997
Subject: Notice of Violation
Designation of Operator in Charge
Beattie Dairy, Facility #: 36-1
Gaston County, NC
This Notice of Violation (NOV) is being issued for your failure to designate a certified
Operator in Charge for your facility. This is the third notification and second NOV. You were
notified on December 5, 1996 that you were required to designate a certified animal waste
management system operator as Operator in Charge for your facility by January 1, 1997. Because an
operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you
were again asked to designate an Operator in Charge.
For your convenience, enclosed is a form for you to complete and return designating an
Operator in Charge. Please send it to the address located at the bottom of the form.
The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you
can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free
to contact Mr. Alan Johnson or me at [phone].
enc.
cc: Gaston SWCD
Facility Assessment Unit
Regional Coordinator
AJ
Sincerely,
Barbara Christian r
Acting Regional Supervisor
MO"
919 North Main Street, W 14 FAX [phone]
Mooresville, North Carolina 28115 OPC An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/ 101% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
David Beattie
P.O. Box 156.
Bessemer City, NC 28016
Dear Mr. Beattie:
e��
�EHNR
DIVISION OF WATER QUALITY
July 3, 1997
Subject: DWQ Animal Waste Operations Site
Inspection Report
Beattie Dairy, Facility #: 36-1
Gaston County, NC
A site inspection of your facility was conducted on July 2, 1997 by Mr. Alan Johnson of this
Office. Please be reminded that all components of the certified farm plan must be in place by December
31, 1997. You should continue working with the Natural Resource Conservation Service toward meeting
the deadline. Also, enclosed are forms to be filled out regarding the designated operator for your facility.
Please highlight your mailing address so that it can be corrected. As discussed with Mr. Johnson, the state
database shows no listing for a designated operator.
Concerning a commercial operator license for the application of waste, you can contact Beth
Buffington at [phone]. A three day training course is offered in Raleigh at a cost of $200.00. The
applicant is also required to pass an exam. The cost for this is $75.00. Your name has been put on the
mailing list to be notified when the course is offered again.
Any further correspondence related to the subject inspection will be sent under separate cover.
Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day
per violation as well as criminal penalties for violations of state environmental laws and regulations. If
you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704)
663=1699.
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc: Gaston County SWCD
Facility Assessment Unit
Regional Coordinator
FEW!
mp
919 North Main Street,N%#CAn
yFAX 704-663-6040
Mooresville, North Carolina 29115 Equal Opportunity/Aftimative Action Employer
Voice 704-663-1699 50% recycled/100/b post -consumer paper

- O
SWC Animal Feedlot OAeration Review.
y
fix;J DWQ AnimalFeedlot Operation Slte Inspectloii e,
jig Routine Q Complaint Q Follow-up of DWO Inspection O Follow-up of DSWC review O Other.
Date of Inspection
Facility Number (r
Time of Inspection �� � 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: 0 Registered ❑ Applied for Permit (ex:1.25 for I hr 15 min)) Spent on Review
❑ Certified ❑ Permitted or Inspection includes travel andprocessing)
❑ Not Operational Date Last Operated : ............. ........................... ....................................................... ......... ............................................
FarmName: ..................Zex-,!!ll�r........ i�rxl.� ........ ............................... County: ..........�i�S ...................................................
.� / .? 223
LandOwner I�Tanxe:..._R. ill.I.......................T�1.!...................................... Phone No: [�.. ._....._......_....................................._...
Facility ...,..
Conctact: ......................................»................................._... Title: ._......................................... .... Phone No:...._..... _.................. �........
Mailing Address:.S-e?.4 ...l.L..A1x lr....................................................................... ' ........._. a.g �. t....
OnsiteRepresentative:................................................. psbA......... q [.5. .... Integrator: .................. .......... _...... ............................................. ...
Certified Operator: .4.11) ........................................................................................................ Operator Certification Number: ..»......................................
,
Location of Farm:
nom.. lira .. .�.......�r�... Q ........... .......1.4 ... �t �^ a.�.x�rL....t�. ... ......�... 4
Latitude 0 6 64 Longitude C]' 4 �«
Type of Operation and Design Capacity
Desi n Current° Desi n Current Design r k Current
+Swine
qhs h. �Ca -aci Pa elation
p°tory Ca aci "�Po elation h3 Cattle Ca `aci � bPoulatiati
Layer Dairy
I❑
❑ Non -La er'' ❑ Non -Dai
` � jr r
El
' TotalDesign,Capacity~a ,
r #
Total SSLW
:� t
x s a ws�
.�.`.41
i�� Yfi i - to 1NT . ... ..... ...... .. ,.,.
�NumiJerofI:agoons�lHalding Pands ❑Subsurface Drams Present
r.��
❑,
Lagoon Area ❑Spray Field Area
...
t ... ... ..:.. .. , vein
❑Wean to Feeder
❑Feeder to Finish
� Farrow to Wean
�Farrow to Feeder
t Farrow to Finish
❑ Other "..:,.o...«.�,
!. Are there any buffers that need maintenance/impro
vement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: [I Lagoon ❑Spray field [I Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observ
ed, did it reach Surface Water'? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
If yes, notify DWQ)
3. Is there evidence of past discharge from any part
of the operation?
4. Were
d. Does discharge bypass a lagoon system? (
there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
4/30/97
maintenance/improvement?
❑ Yes )ELNo
❑ Yes X
No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
`®.Yes ❑ No
❑ Yes $?No
❑ Yes S1
No
Continued on back

Facility Number:........... — ..............
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
S. Are there lagoons or storage ponds on site which need to be properly closed?
Structures ajagoons and/or Holding fonds)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Freeboard (ft): Structure I Structure 2 Structure 3 Structure 4
..... ...... s.. .......»»...............» .......................
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses an
Immediate public health or environmental threat, notify DWQ)
Structure 5
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application 140?
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ...... .G.,,.r?.......................................................................................................Al ......Q.L..'.
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
❑ Yes kfNo
0Yes ❑ No
❑ Yes XNo
❑ Yes )% No
Structure 6
❑ Yes %No
❑ Yes XNo
Yes ❑ No
tw Yes ❑ No
❑ Yes J( No
❑ Yes ❑ No
17. Does the facility have a lack of adequate acreage for land application? [:]Yes ❑ No
18. Does -the receiving crop need improvement? ❑ Yes K.No
19. Is there a lack of available waste application equipment? Ayes ❑ No
20. Does facility require a follow-up visit by same agency? ❑ Yes ,K No
21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes JR�No
For Certified Faiilitigg Only 114
22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No
23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
24. Does record keeping need improvement? [:]Yes ❑ No
Comments (refer to'oestton #) Explain any YES'answers' and/or'any rec"o'm nendati'ons or anyother comments.-;
Use:drawings of faciIitKto better ezplaln s�tuatioris. (use additional pages�as.necessary) '
o v�v c r
j
t'DV CiS
iS II�LaYe, t Ll
iS51n �e c?•
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c
1`� c i j 'T y
1
g6y V4 U.Vy►' "
PO H t S V bA
V -P_4 A V`r
1
u.5
CLL 6V
Reviewer/Inspector Name
Reviewer/Inspector Signature:
Date: - 2 - CJ,7_
cc: Division of Water Quality, Water Quality Section,Vacility Assessment Unit 4/30197

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5, 1996
David Beattie
Beattie Dairy
525 Absher Road
Bessemer City NC 28016
Dear Mr. Beattie:
WA
IDEEHNF;Z
N.C. DEPT. OF
ENVIRONMENT, HF M,TI-t,
& NATURAL Ri;;','W e- :S
Subject: Operator In Charge Designation DEC 17 1996
Facility: Beattie Dairy
Facility ID #: 36-1 DMSION OF ENYIRCNSr`lTAI
Gaston County MOCRISMLE REEMAL OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 919/733-0026.
Sincerely,
lget^�0(f ,
FOR
Steve W. Tedder
Enclosures
cc: Mooresville Regional Office
Water Quality Files
Water Pollution Control System ��y. Voice 919-733-0026 FAX [phone]
Operators Certification Commission N'S IF CAn Equal Opportunity/Affirrnathre Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50%recycled/10% post -consumer paper

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
David Beattie
Beattie Dairy
525 Absber Road
Bessemer City NC 28016
Dear Mr. Beattie:
April 3, 1997 V NATURAL
'RR 7 1997
DIVISION UF E1119901INT11 R: UAKIIENT
USNESKLE RUNOAL Of=
SUBJECT: Notice of Violation
Designation of Operator in Charge
Beattie Dairy
Facility Number 36--1
Gaston County
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997, This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
for
Steve W. Tedder, Chief
Water Quality Section
cc: Mooresville Regional office
Facility File
Enclosures
P.O. Box 29535, N%PcAn
FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

i V
State of North Carolina
Department of Environment,
Health and Natural Resources1 • •
Mooresville Regional Office A
James B. Hunt, Jr., Governor p E H N R
Wayne McDevitt, Secretary
DMSION OF WATER QUALITY
September 15, 1997
David Beattie
525 Absher Rd.
Bessemer City, NC 28016
Subject: Certification/Notice of Violations
Beattie Dairy, Facility #: 36-1
Gaston County, NC
Dear Mr. Beattie:
The deadline for the certified waste management plan to be implemented is December 31, 1997,
and there will be no extension of the deadline. With this in mind, this letter will touch on some of the
general components and issues that are of concern during an inspection.
As a certified, or soon to be certified, farm your files at a minimum must contain the following
information, and need to be available for review during the inspection:
Certification forms
Site diagram - showing fencing, streams, buffer zones
Waste application records/forms
Maps of acreage and irrigated fields
Waste utilization plan
Waste and soil analysis records
Emergency action plan and mortality & odor control checklist
Regarding waste application records, all information should be recorded. This includes (but is
not limited to) the field used, total minutes waste was applied (if required), the amount of waste irrigated/
hauled, the amount of nitrogen applied and the crop nitrogen balance. The crops and fields that are being
utilized for waste application must be specified in the certified waste management plan. For those
facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does
not allow you the flexibility you need, contact a technical specialist to have the farm plan modified.
For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9
inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the
storage pond/lagoon. If there is an emergency spillway/pipe, then the level must be maintained to
compensate for a 25 yr/24 hr storm. A pumping marker must also be installed. This may be a pipe or
other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified.
919 North Main Stree:. FAX [phone]D'-0
Mooresville, North Carolirc 28115 N%)CAn Eauai Opportunity/Aftirmaiive Action Employer
Voice 704-663-1699 R!! 500% recycled/10°b post-cCnsumer paper

Page 2
The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may
be issued for the following instances, among others:
a) inadequate freeboard,
b) inadequate land for waste application,
c) application on an unapproved crop/acreage,
d) discharge of waste from lagoon/facility,
e) excessive vegetation on the sideslopes of a lagoon/pond, or
f) other minor deficiencies.
Examples of a deficiency would be the waste or soil analysis forms not being up to date or the
application records not being filled out properly.
Please note, failure to submit the certification form by December 31, 1997, does not exclude you
from the responsibility of maintaining your storage pond/lagoon levels and waste application records.
Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per
day per violation as well as criminal penalties for violations of state environmental laws and regulations.
If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me
at [phone].
cc: Gaston SWCD
Facility Assessment Unit
Regional Coordinator
AJ
Sincerely,
Water Quali egional Supervisor