490093_PERMIT FILE_20171231

Type of Visit V Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance
Reason for Visit 3b Routine O Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access
Date of Visit: q -o Arrival Time: Departure Time: F-71 County: 'k Region: IYU
Farm Name: 019LI AQ.►ry_ _„ Owner Email:
Owner Name: SIV k— Phone:
Mailing Address: '72-1
Physical Address:
Facility Contact: _Qo� v[� 1' C�r��, • Title: _fc!jf,6`c Za[ _ _ Phone No:
Onsite Representative: Integrator:
Certified Operator:
Back-up Operator:
/�
Operator Certification Number:
Back-up Certification Number:
Location of Farm: Latitude: = a 0 I = R Longitude: = ° =A
Design Current
IgA "Design
twurrenf
�, Design Current
Swine Capacity Population
Went 1�ttrry
pac ty Pop afion
Cattle Capacity Population
❑ Wean to Finish
❑ La er
a. Was the conveyance man-made?
Dai Cow 611)
❑ Wean to Feeder
on-Layet
❑ NE
❑ Dairy Calf
❑ Feeder to Finish
�==H"
❑ NA
❑ Dairy Heifer
[:1 Farrow to Wean
DryiPoultry
.
❑.D Cow
❑ Farrow to Feeder
d. Does discharge bypass the waste management system'? (If yes, notify DWQ)
❑ Yes
❑ Non -Dairy
❑ Farrow to Finish
❑ La ers
2. Is there evidence of a past discharge from any part of the operation`?
❑ Beef Stocker
❑ Gilts
❑Non -La ers
❑ NE
❑Beef Feeder
❑ Boars
El Pullets
❑ NA
❑Beef Brood Cow
other than from a discharge?
❑ Turkeys
Other
❑ Turkey Poults
12128104
Continued
❑ Other
❑ Other
Number of Structures:
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
❑ Yes
X No
❑ NA
❑ NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
❑ Yes
❑ No
❑ NA
❑ NE
b. Did the discharge reach waters of the State'? (if yes, notify DWQ)
❑ Yes
❑ No
❑ NA
❑ NE
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)
❑ Yes
❑ No
❑ NA
❑ NE
2. Is there evidence of a past discharge from any part of the operation`?
❑ Yes
[A No
❑ NA
❑ NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
❑ Yes
t No
❑ NA
❑ NE
other than from a discharge?
12128104
Continued

Facility Number: 'f Z — 73
Date of Inspection }-�- V; • o
No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
Waste Collection & Treatment
No
❑ NA
❑ NE
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
❑ Yes �9 No
❑ NA
❑ NE
a. If yes, is waste level into the structural freeboard?
❑ Yes ❑ No
❑ NA
❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier: W
No
❑ NA
❑ NE
Spillway?: yer
Designed Freeboard (in): 14
Observed Freeboard (in): 14
5. Are there any immediate threats to the integrity of any of the structures observed?
[--]Yes NNo
❑ NA
[:INE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed
❑ Yes tZ No
❑ NA
❑ NE
through a 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 DWQ
7. Do any of the structures need maintenance or improvement?
❑ Yes ® No
❑ NA
❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes to 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 El Yes � No ❑ NA ❑ NE or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes No ❑ NA ❑ NE
maintenance/improvement?
11. Is there evidence of incorrect 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 Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drifi ❑ Application Outside of Area
12. Crop type(s) CaQ.,v S"Ail f-kg;,-�
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
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 acre determination%❑
Yes
21 No
❑ NA
❑ NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
No
❑ NA
❑ NE
Reviewer/Inspector Name ' phone:
Reviewer/Inspector Signature: Date: j l- ZQ- Of
12/28/04 Continued

Facility Number: 4 01 — 737 Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
the appropirate box.
❑ WUP ❑Checklists ❑Design El Maps El Other
Yes
❑ No
❑ NA
❑ NE
�] Yes
❑ No
❑ NA
❑ NE
21. Does record keeping need improvement? If yes, check the appropriate box below. CgYes ❑ No ❑ NA ❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑ Weather Code
22. Did the facility fail to install and maintain a rain gauge?
23.. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
25. Did the facility fail to conduct a sludge survey as required by the permit?
26. Did the facility fail to have an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
Other Issues
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 the mortality rates that were higher than normal?
30. 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
31. Did the facility fail to notify the regional office of emergency situations as required by
General Permit? (ie/ discharge, freeboard problems, over application)
32. Did Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
33. Does facility require a follow-up visit by same agency?
Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
JK1 NA
❑ NE
❑ Yes
JO No
❑ NA
❑ NE
❑ Yes
❑ No
1. NA
❑ NE
❑ Yes
[STIo
❑ NA
❑ NE
❑ Yes
❑ No
INA
❑ NE
❑ Yes ')Q No
❑ NA
❑ NE
❑ Yes F No
❑ NA
❑ NE
❑ Yes [�No
❑ NA
❑ NE
❑YesC-11J No
❑ NA
❑ NE
❑ Yes
)] No
❑ NA
❑ NE
❑ Yes
0 No
❑ NA
❑ NE
Additional Commenfs„ad7or.Drawgs:,:, µµ
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l
w� i�lJ br Awa /.1�f .,.,4 4. .
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W If ro riA cr /dq•� fF,.14 , • f FnRr
12/28104

� wArF �
�O 9Q Michaef F. Easley, Governor
`O G William G. Ross, Jr.,Secretary
vj 7 North Carolina Department of Environment and Natural Resources
-,,I Alan W. Klimek, P.E., Director
O C Division of Water Quality
Coleen Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
7001 2510000 82866 0
CERTIFIED MAIL
Return Receipt Re uested
Mr. Robert Mitchell
734 Olin Loop Rd.
Olin, NC 28660
Subject: Notice of Violation,
Robert Mitchell Dairy, Site Inspection
Facility #: 49-93
Iredell County, NC
Dear Mr. Mitchell:
Alan Johnson of this Office conducted an inspection of your facility on November 5, 2003.
During the inspection it was noted that improvement in keeping and maintaining your waste
application records is needed. This letter is being issued as a Notice of Violation for the following:
• The wrong Plant Available Nitrogen (PAN) values were used for completing your waste
application records during this year's corn and small grain crops.
• The SLUR 11 forms were not complete. The general facility information and certified operator
information must be included on the forms.
• The information on the SLUR H forms should be legible, and the forms must be kept and
maintained for a minimum of three years.
• The annual soil analysis for fields #1 and 42 was not obtained for 2003.
In addition to the above, the following was also noted:
• The inspection of the facility revealed that the fencing surrounding the milk parlor clean -outs)
needs to be repaired. This should be done immediately.
• A review of the database indicates that the Division'of Water Quality (DWQ) has not been
notified of the facility's certified operator. The information may be sent to the regional office.
• A review of the database indicates that the facility has not forwarded the Farm Plan
Certification Form to the DWQ. A copy of this form can also be sent to the regional office.
It is imperative that these issues be resolved. It is requested that a written response be
submitted to this Office by November 18, 2003 indicating the actions taken to correct the noted
violations/deficiencies. Please address your response to the attention of Mr. Johnson. In your
response, please reference the date and subject of this letter, as well as the facility number.
�*� _
N DOW
Customer Service
1 877-623-6746
Mooresville Regional Office, 999 North Main Street, Mooresville, NC 28115
PHONE [phone]
FAX [phone]

Page 2
Be advised that this Notice does not prevent the Division of Water Quality from taking
enforcement action for these or any other violations. Be advised that North Carolina General Statutes
provide for penalties of up to $25,000 per violaton'per day for noncompliance with state environmental
laws and regulations, and/or criminal penalties.
By copy of this letter to the Division of Soil and Water Conservation and your local District Soil
and Water Conservation office, DWQ is referring this facility for technical assistance, if appropriate. If
you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at
[phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Iredell County SWCD
Non Discharge Compliance Unit
File

Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit OO Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 49 93 Hate of Visit: 11/05/2003 Time:
O Not O erational O Below Threshold
0 Permitted © Certified 0 Conditionally Certified ❑ Regislered Date Last Operated or Above Threshold: .........................
F•arnt Name: ........................ Count: JXe Yell................................................ MO...........
Onner Name: CIXidR....................................... .T:lminas............................................. .......... Pltane No: (.7.R4)..B7A-.4,X17.........................................................
A•lailing .address: 7��.Bekt>.el.Ramd.................................................................................. Iiarxu.QuSIG........................................................ N,634 ..............
FacilityContact; ..............................................................................Title:................................................................ Phone No:...................................................
Onsitc Representative: ROZERIAH:CHELL......................................................... Integrator:..............................
........................................................
Certified Operator:Rt]but..A:............................... Mrttell.................. Operator Certification Number•:h8f f...................
......................... ........
Location of Farm:
From the intersection of Mt. Bethel Rd (SR 2136) and Hwy. 21, travel approximately two (2) miles east on Mt. Bethel Rd.
Farm is on the right side of the road. General location: South of Harmony, NC.
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 35 ' ®• �•' Longitude 80 ' 45 55
'` a • { ; Design Current R'- = Design.
u acl ::Pa ulatian Poultry Ca aci p
` ❑ Layer
P 10 Non -Layer
I❑ Other
.:'T
`:K"•Current.
Cattle .,, .,_Ca aci Po-ulatlon' ;.
® Dairy 100 80
❑ Non -Dairy
100
140,000
❑ Subsurface Drains Present I❑ Lagoon Area !❑ Spray Field Area
a Number of_Lagoons
Holdin' Pondsl^SolidT�a s. 4 _
g p ❑ No Liquid Waste Management System s
..jt...-x.:�...•
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is obsened, was the conveyance than -made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ)
El Yes ❑ No
c. If discharge is observed, what is the estimated flow in +*alimin?
d. Does discharge bypass a lagoon system'! (Ifyes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & 'treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ................................................................................................................................................................................
Freeboard (inches): 18
❑ Wean to Feeder
❑ Feeder to Finish
r
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
3.
❑ Gilts
r
❑ Boars
` ❑ Layer
P 10 Non -Layer
I❑ Other
.:'T
`:K"•Current.
Cattle .,, .,_Ca aci Po-ulatlon' ;.
® Dairy 100 80
❑ Non -Dairy
100
140,000
❑ Subsurface Drains Present I❑ Lagoon Area !❑ Spray Field Area
a Number of_Lagoons
Holdin' Pondsl^SolidT�a s. 4 _
g p ❑ No Liquid Waste Management System s
..jt...-x.:�...•
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is obsened, was the conveyance than -made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ)
El Yes ❑ No
c. If discharge is observed, what is the estimated flow in +*alimin?
d. Does discharge bypass a lagoon system'! (Ifyes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & 'treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ................................................................................................................................................................................
Freeboard (inches): 18

Facility Number: 49-93
Date of Inspection 11/05/2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
VYaste Aunlication
�.wnewwcu
❑ Yes N No
❑ Yes N No
❑ Yes N No
® Yes ❑ No
❑ Yes N No
10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes N No
12. Crop type Corn (Silage & Grain) Small Grain (Wheat, Barley,
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
❑ Yes
N No
16. Is there a lack of adequate waste application equipment?
❑ Yes
N No
Required Records & Documents
IMMEDIATELY.
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
N No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
PROTECTED AND MAINTAINED. IT IS SUGGESTED THAT THE RECORDS BE KEPT IN A NOTEBOOK.
(ie/ WUP, checklists, design, maps, etc.)
® Yes
❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
N Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
N No
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
N No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
N No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
N No
24. Does facility require a follow-up visit by same agency?
❑ Yes
N No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
® No
[] No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
i.}ommcntsigrre�er qu do ; EYp1 S _ ers a' n o `y" eeitrpme�n arl.an other comments;
�
se gtio[facWty lain aitusiioas. (us additional pag as ecessary�: ❑Field Copy ❑Final Notes
+a:better
-THE DEGSIGNATED OPERATOR FORM SHOULD BE COMPLETED AND MAILED TO THE REGIONAL OFFICE
IMMEDIATELY.
-CARE MUST BE TAKEN WHEN COMPLETING THE WASTE APPLICATION RECORDS. ALL INFORMATION ON THE
ORM SHOULD BE COMPLETELY FILLED OUT AND LEGIBLE. THE FORM/RECORDS SHOULD BE PROPERLY
PROTECTED AND MAINTAINED. IT IS SUGGESTED THAT THE RECORDS BE KEPT IN A NOTEBOOK.
-THE WRONG NITROGEN VALUE (PAN) WAS USED FOR THIS YEAR'S SPRING AND FALL WASTE APPLICATIONS.
HOWEVER NO OVER APPLICATION OF NITROGEN OCCURRED.
--FAILED TO OBTAIN A SOIL ANALYSIS FOR FIELDS "ONE" AND "TWO". NOV TO BE ISSUED.
rS�.�tei-'' .L a�f{`�; r"' � +..f.; •r.. - = S< �lC�� i,,,f`^r ��n 4r �+,[� � ��..y � ,�^�. ,� ysµ-� %�. ,a w+*z
Reviewer/Inspector Name Alan Johsoair.
Reviewer/Inspector Signature: ' Date: — 5=

Facility Number �% 'late of Visit: r%`�)_ry Time:
0 Not Operational 0 Below Threshold
U Permitted M CertifiedAConditionally Certified 13 Registered Date Last Operated or Above Threshold:
Farm Name: S[�k1L........... 1141A1flRY........................................... County:.... +e=�°� :.{t...........................................................
OwnerName:..... o t `... �1 t' C e�................................................................... Phone No:.......................................................................................
Mailing Address:
33
FacilitvContact: ... .7C... !!11., kf. ..............................Title: .............. Phone No:.........................................
Onsite Representative:................. {................................................................................... Integrator:...................
...................................................................
CertifiedOperator:........................�...................................................................................... Operator Certification Number:..........................................
Location of Farm:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude �• �� ���� Longitude �• �� ���
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes 05 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 Water of the State? (If yes, notify DWQ) ❑ Yes Cl No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ...........�.......................................................................................................................... ..................... ..
Freeboard (inches):��
12112103 Continued

Facility Number: — 4?3 Date of Inspection I i__2I -o
1 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes IR No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or ❑ Yes 09 No
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ® No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level 91 Yes ❑ No
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No
11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes [3 No
❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc
12. Crop type elw#j <-MI) 6-R41a
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Odor Issues
17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
18. Are there any dead animals not disposed of properly within 24 hours?
I9. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
20. 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.
❑ Yes ® No
❑ Yes ® No
❑ Yes CRNo
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes '® No
❑ Yes 5a No
❑ Yes V No
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Comments'(refer to;;question;#)s Explain66 ((any§YES answers and/ar anrErecommeudations,ar,any other
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Reviewer/Inspector Signature: Date: D `f
12/12/03 Continued

r
Facility Number: e? — 21 1 Date of Inspection
Required Records & Document.~
21. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
23. Does record keeping need improvement? If yes, check the appropriate box below.
❑ Waste Application ® Freeboard ® Waste Analysis ® Soil Sampling
24. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
25. Did the facility fail to have a actively certified operator in charge?
26. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
27. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
28. Does facility require a follow-up visit by same agency?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
NPDFS Permitted Facilities
30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35)
31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
32. Did the facility fail to install and maintain a rain gauge?
33. Did the facility fail to conduct an annual sludge survey?
34. Did the facility fail to calibrate waste application equipment?
35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After 1" Rain
❑ 120 Minute Inspections ❑ Annual Certification Form
® Yes ❑ No
❑ Yes No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes IN No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
`.Y
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12112103

CERTIFIED NIALL
Return Receipt Requested
Mr. Robert Mitchell
734 Olin Loop Rd
Olin, NC 2$662
Dear Mr. Mitchell:
-Michael F. Easley; Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
AQUIFER PROTECTION SECTION
August 10, 2003
Subject: Notice of Violation (NOV)
Facility#: 49-93
Robert Mitchell Dairy, Site Inspection
Iredell County, NC .
Chapter 143, North Carolina General Statutes, authorizes and directs the Environmental
Management Commission of the Department of Environment and Natural Resources to protect and
preserve the water and air resources of the State. The Division of Water Quality (division) has the
delegated authority to enforce adopted pollution control rules. This letter is a standard notification and is
intended to advise you of the legal requirements under North Carolina law.
Mr. William Burke of this Office conducted a site inspection of your facility on July 21,
2004. During the inspection it was noted that you did not have a compliant waste analysis for
applications made in September of 2003. Pursuant to North Carolina General Statute 143-215.10
(C), this letter is being issued as a Notice of Violation for the following:
Failure to obtain an animal waste analysis within 60 days before or after the application
of waste.
In addition to the above, the following was also noted:
• The records were incomplete and in disrepair.
Please submit a written response to this Office by August 24, 2004 indicating the actions
taken to correct the noted violation.
Be advised that this Notice does not prevent the Division of Water Quality from taking
enforcement action for these violations. Also be advised that North Carolina General Statutes
provide for civil penalties of up to $25,000 per violation per day for noncompliance with state
environmental laws and regulations, and/or criminal penalties.
Division of Water Quality I Aquifer Protection Section / Mooresville Regional Office
919 North Main Street, Mooresville, NC 28115
Phone:
One
[phone] Fast: [phone] No fiCaroli/na
Internet: h :II w,ehnr.state.nc.us Y atz(.PQllff

Mitchell Dairy, NOV
8/10/2004
2
Please address your response to the attention of Mr. Burke. it is also requested that your
response reference the date and subject of this NOV, as well as the facility number. if you have any
questions concerning this matter, please do not hesitate to contact Mr. Burke at [phone].
Sincerely,
Andrew H. Pitner, P.G.
Regional Aquifer Protection Supervisor
cc: Iredell County SWCD
Compliance/Enforcement Unit
Iry rt -�,. • �� �� •"w�.a' . ;� +.�;.- r �r�...'�•3a'r, �-_ `;ae'�-'m''' y �.: .».�- '�� �.N'�t�"

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
r
Robert Mitchell
728 Mr. Bethel Rd.
Harmony, NC 28634
Dear Mr. Mitchell:
`r Ap--
daft
IDEEHNF;Z
DIVISION OF WATER QUALITY
August 4, 1997
Subject: Animal Facility State Register
15H NCAC 2H.0200
Iredell County, NC
To register your operation you need to fill out the enclosed form. This should be sent to the
attention of Sue Homewood at the address at the bottom of the form. Also enclosed is a form to
designate a Certified Operator in Charge. Please send this form to the attention of Cindy Dudley.
Please be advised, that because of the late registration(s), a fine could be assessed.
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 [phone].
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc: Iredell County SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street, 4 FAX [phone]
Mooresville, North Carolina 28.115 An. Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 iF!! _ 50% recycled/ l0°k post -consumer paper

State of North Carolina _'`'' }:r.
Department of Environmen ""a.Y.`';r.'
and Natural Resources •
1fX
7
Division of Water Quality
James B. Hunt, Jr., Governoe-''.',1,,f=
Bill Holman, Secretary CDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 4, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Clyde Thomas
Robert Mitchell Dairy Farm
734 Olin Loop
Olin, N.C. 28660-9449
Subject: Animal Waste Management Plan
Certification
Facility Number 49-93
Rowan County
Dear Mr. Thomas:
Upon submitting your certification to the Division of Water Quality (DWQ), I noticed that the Runoff
Controls from Exterior Lots, Section III.0 has been conditionally certified upon installing a concrete lid/cover on the
parlor pipe cleanout trap and fencing off the filter areas. Until this work is complete your farm is still not considered
certified. Please contact your technical specialist to recertify Section III.0 of the Animal Waste Management Plan
Certification and resubmit the certification form to our office as soon as possible.
Enclosed is an Animal Waste Management Plan Certification Form. For your convenience, you may fill out
just the highlighted sections of the new form and return this with the originally signed certification.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste management
plan by December 31, 1997. The information requested by this letter must be submitted on or before 30 days of
receipt of letter.
If you have any questions concerning this letter, please do not hesitate to call me at [phone],
ext6nsion 571.
Sincerely,
Sonya L. Avant
Environmental Engineer
Attachments
cc: Mooresville Regional Office — Division of Water Quality
Iredell County Soil and Water Conservation District
Larry Hendrix, Natural Resources Conservation Service — Statesville Field Office
Facility File
1617 Flail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper

Robert Mitchell
734 Olin Loop Rd.
Olin, NC 28660
Dear Mr. Mitchell:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Kiimek, _„ Director
Division of Water Quality
17" 1 -
WATER QUALITY SECTION
October 23, 2002
Subject: Site Inspection Report
Robert Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Alan Johnson of this Office conducted an inspection of your facility on October 23, 2002.
During the inspection it was noted that a copy of the waste application records from the fall of
200I were not available. It is requested that a copy of these records and the accompanying waste
analysis be mailed to this office.
The inspection also revealed that the fencing surrounding the milk parlor clean-out needs to
be repaired. This should be done immediately. It was also observed that old stockpiled silage
needs to be removed and disposed of properly.
It is requested that a written response be submitted to this Office by November 10, 2002.
Please address your response to the attention of Mr. Johnson. In your response, please reference
the date and subject of this letter, as well as the facility number.
Sincerely,
D. Rex Gle on, P.E.
Water Quality Regional Supervisor
cc: Iredell County SWCD
File
N. C. Division of Water Qualify 919 North Main Street, Mooresvilie NC 28115 Phone (7t)4) 663-1699
FAX [phone]

r
�ti TRI
Type of Visit @ Compliance Inspection O Operation Review. O Lagoon Evaluation
Reason for Visit . O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Date of Visit: 1QR2/20Q2 Time:
Facility Number 49 93
..,.. O Not Operational O Refo%v Threshold
0 Permitted ❑ Certified 0 Conditionally Certified r] Registered Date Last Operated or Above Threshold: - -- _- .. _- _. -
Farm Name: Rwbi~rt.11�iXcbell ]?airy.k�xm................................................. County: ji[Cd&................... .............. 1!mai .......
Owner Name: Clyde------------------- Tbfl=5----------_.-..._._-_------- Phone No: (7R4A7�132UZ------------------------
J'lailing Address:.7.2B.llAhtrlRuad................................................................................... H umf).UY.NC......................................--••--•--------•... Z8.6.1.4 ..............
Facility Contact: ...........................................................Title: Phone No:
...................................
Onsite Representative: RQBFRT_D7ITCHEI
L._--------------------------- Lttegrator:-----_-_---------------------------_----
Certified Opera tor: Rabe[t.A&b.crj.& ............................. mktclkcu ............................................ Operator Certification Number:2fia {
Location of Farm:
On ML Bethel Rd (SR 2136) approximately two (2) miles west of the intersection with Hwy 21. Farm is on the right side of
he road. General location: South of Harmony, NC.
❑ Swine ❑ Poultry M Cattle ❑ Morse Latitude �• �• ��• Longitude �• �• �•�
Swine.
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
;Design :Current
Canacitv Ponulation
`Design :Current_ ; :Design ._ :Current
Poultry ca taci � -"Population ­`' Cattle .. ; . .Capacity Po iilation ._
❑ Layer • ® Dairy 100 90 "J
❑ Non -Layer ❑Non -Dairy
Other
ti -
To Fne�� ca a�>, E ` 100
a P h'
LW- ` 140,000
•s�.. —.
❑ Subsurface Drains Present J1❑ Lagoon Area 10 Spray Field Area
❑ No Liquid Waste Management System
Discharges S Stream Impacts,
1. Is any discharge observed from any part of the operation?
El 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 Water of the State? (Ifyes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in galrmin?
d. Does discharge bypass a lagoon system? (If -yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes M No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes M No
Waste Collection S Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? M Spillway ❑ Yes M No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:.-.--.--•--•--•--•--•--•--............................ ..........................
Freeboard (inches): 24
ncinainr
l----. ------ I

I0
_ .VJ/�.l/VI 4VllauutClt
Facility Number: 49-93 Dale of Inspection 10/22/2002
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes N No
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 maintenance/improvement? ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ® No
Waste Application
10. Are there any buffers that need maintenancelimprovement? ❑ Yes ® No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No
12. Crop type Com (Silage & Grain) Small Grain (Wheat, Barley,
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
❑ Yes
® No
16. Is there a lack of adequate waste application equipment?
❑ Yes
® No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
® No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
® No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
® No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
® No
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
® No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
®No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
®No
24. Does facility require a follow-up visit by same agency?
❑ Yes
®No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes, ® No
13 No violations or deficiencies were noted during this visit. You will receive no further, correspondence -about this visit.
❑ Field Copy ❑ Final Notes
--NEED TO MAKE SURE THAT THE MOST RECENT 3 YRS. OF RECORDS ARE AVAILABLE FOR REVIEW. THIS INCLUDES
WASTE APPLICATION RECORDS AND SOILIWASTE ANALYSES.
THE AREA IMMEDIATELY AROUND THE MILK PARLOR PIPE CLEAN OUT NEEDS TO BE SEEDED WITH GRASS, AND
HE FENCING REPAIRED IMMEDIATELY.
--THE RECORDS AND FARM PLAN SHOULD BE MAINTAINED IN A NEAT AND ORDERLY MANNER, AND BE PROPERLY
PROTECTED.
---OLD BEDDING NEEDS TO BE REMOVED AND DISPOSED OF PROPERLY.
--CERTIFICATION PAPERS FOR THE FARM PLAN SHOULD BE FORWARDED TO THE MOORESVILLE OFFICE IMMEDIATELY.
ria-'s,S
Reviewer/Inspector Name AL�ANIOHNSOX
Reviewer/Inspector Signature:
Date: %�

A �ERpG
r
Mr. Robert Mitchell
728 Mt. Bethel Road
Harmony NC 28634
Dear Mr. Mitchell:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 13, 2002 '
SUBJECT: Acknowledgment Receipt Letter
Mitchell Dairy
File No. OV 01-001
Farm # 49-93
Iredell County
AUG 1 9 2002
This letter is to acknowledge receipt of your check # 13313932 in the amount of $726.64,
received from Mitchell Dairy.
This payment satisfies in full the civil assessment in the amount of $726.64 levied against
Mitchell, and this enforcement case has been closed. Payment of these penalties in no way precludes
further action by this Division for future violations.
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
SL:sw
cc: Mooresville Regional Office
Enforcement/Compliance Files # OV 01-001
Central Files
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/ Affirmative Action Employer
50% recycled 110% post -consumer paper
ht1p://h2o. enr. state. nc. us
A��
CDENR
Location:
512 N. Salisbury 5t.
Raleigh, NC 27699-1617

To: Rex Gleason
From: Alan Johnson
Subject: Robert Mitchell Dairy, #49-93
File #OV 01-001
June 5, 2001
Iredell County, NC
Date: April 18, 2002
In January 1999, Mr. Mitchell failed to pay his certified operator (OIC) renewal fee. During
subsequent inspections /reviews by Rocky Durham with the Division of Soil and Water and myself,
he was informed on numerous occasions (November 3, 1999, August 30, 2000, October 13, 2000,
February 21, 2001, and June 5, 2001) that a certified operator needed to be designated for the dairy.
For whatever reasons, Mr. Mitchell had failed to make the necessary effort to be re -certified or to
employ an Operator -In -Charge by June 5, 2001, the date of the Recommendation For Enforcement.
3//a
0o
AV

�oF W A rFRQ Michael F. Easley
�O G Governor
r William G. Ross Jr., Secretary
Department of Environment and Natural Resources
'r Alan W. Klimek, P.E. Director
J Division of Water Quality
V
C
June 17, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED rytr C 'T T T
T;'oc t_ S
Mr. Robert Mitchell !CE
728 Mt. Bethel Road
Harmony, NC 28634
JUN 2 5 2002
SUBJECT: Request for Remission of Civil Penalty
Mitchell Dairy
Farm # 49-93
Iredell County WATER
File No. OV 01-001 -'� i l °U. CTION
Dear Mr. Mitchell:
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $726.64.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your
check vavable to the Department of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 14313-282.1(c).
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01.01
An Equal Opportunity/Affirmative Action Employer
50% recycled 110% post -consumer paper
http:l/h2o.enr,state.nc.us
f.�3
NCDERR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mr_ Robert Mitchell
June 6, 2002
Page 2
If you choose to present your request to the conunittee, please notify DWQ within 30 days of
receipt of this letter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter. If you would like a receipt that your check was
received, please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
Gr ?Director pe, h.D.
Deput
GJT/scl
cc: D. Rex Gleason, Mooresville Regional Supervisor
Alan Johnson, MRO
File # OV 01-001
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
-AI 10 Alrt I i. Pi,71. ! {'1-'-',0;:
{6�1y rrvy'i
/ •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAMRAL RESOURCES
MAR 1 2 2002
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Robert Mitchell
734 Olin Loop Road
Olin, NC 28660
SUBJECT
Dear Mr. Mitchell:
March 7, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Failure to Designate a Certified
Operator
Farm # 49-93
Iredell County
File No. OV 0 1 -00 1
This letter transmits notice of a civil penalty assessed against Mitchell Dairy in the .
amount of $726.64 which includes $226.64 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:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include tivaiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Alailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
Air Equal Opportunit%, /Affrnrrative Action Etrrplorer
50% recycled / 109c post -consumer paper
http://h2o, en r. stare, nc.its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 and
stipulation form and a detailed statement which you believe establishes whether:
(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
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
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], ext. 539 or
Ms. Linda Fitzpatrick at [phone], ext. 526.
Sincerel ,
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
ATTACHMENTS
cc: V.'Rex`.Gle a_ -s_, Mooresville Regional Supervisor w/ attachments
Alan Johnson, MRO w/ attachments
File # OV 01-001 w/ attachments
CentralTiles w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. OV 01-001
Having been assessed civil penalties totaling $726.64
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
February 11, 2002 , 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.
This the day of , 2002.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
IN THE MATTER OF
ROBERT A. MITCHELL
FOR VIOLATION OF 15A NCAC
2H.0224 (a) BY FAILING TO
DESIGNATE AN APPROPRIATELY
CERTIFIED OPERATOR IN
RESPONSIBLE CHARGE OF AN
ANIMAL WASTE MANAGEMENT
SYSTEM
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. OV 01-001
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, Dennis
R. Ramsey, Assistant Chief of the Non -Discharge Branch of the Water Quality Section of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Robert A. Mitchell leases and operates Mitchell Dairy, a dairy operation in Iredell
County.
B. Mitchell Dairy was deemed permitted as a non -discharge facility on December
10, 1993 in accordance with 15A NCAC 2H.0217.
C. As of January 1, 1997, a certified operator in responsible charge is required to
operate an animal waste management system in accordance with 15A NCAC
2H. 0224 (a).
D. In November 1997, Robert A. Mitchell was designated as the operator in charge
of the animal waste management system for Mitchell Dairy.
E. Mr. Mitchell's operator in charge certification expired December 31, 1998. Mr.
Mitchell failed to renew the certification. No new certified operator in charge has
been designated for the animal waste management system.
F. The costs to the State of the enforcement procedures in this matter totaled
$226.64.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Robert A. Mitchell 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 in accordance with
15A NCAC 2H.0217 and G.S. 143-215.1.
C. For facilities permitted in accordance with 15A NCAC 2H .0217, an operator in
charge must be designated in accordance with 15A NCAC 2H .0224 (a).
D. Mr. Mitchell's above-cited failure to designate an appropriately certified operator
in responsible charge of the subject wastewater treatment facility violated 15A
NCAC 2H.0224 (a).
E. Robert A. Mitchell may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than $25,000.00 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.
F. The State's enforcement costs in this matter may be assessed against Robert A.
Mitchell pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
G. The Assistant Chief of the Non -Discharge Branch of the Water Quality 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:
III. DECISION:
Robert A. Mitchell is hereby assessed a civil penalty of:
$ .S-00, O U for violation of 15A NCAC 2H .0224 (a) by failing to
designate a certified operator in charge for the animal waste
management system at Mitchell Dairy
$ 226.64 Enforcement costs
$ 7z c • TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I
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;
and
(8) The cost to the State for the enforcement procedures.
2 - //-- v2 zzze
(Date) Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
Water Quality Section
Division of Water Quality

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor U
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Robert Mitchell
728 Mt. Bethel Road
Harmony, NC 28634
Dear iV1r. Mitchell:
Vey-,'
Y.v ✓��wwr.: iay
1
NCDENR
NORTm CARouNA DEPARTMENT of
F-NVIRONMENT A,No NATURAL REsouRcEs
April 11, 2002
RE: Remission. Request
Mitchell Dairy
Farm # 49-93
Iredell County
File #OV 01-001
APR 1 G 2002
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 5, 2002 and you will be notified about the Division's decision concerning remission. 1f you
have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: D. Rex Gleason, Mooresville Regional Supervisor w/attachment
Alan Johnson,1V1RO w/attachment
Central Files
File # OV 01-001 w/ 3 attachments
.Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh. ;`forth Carolina 27699-1617 State Courier#52-01-01
An Equal Opportruun•lAffirmarive.-Action Employer
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Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
ENV P,ONMEti'TAL MANAGEy1ENT
CO_NIUVUS S ION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) A.DVII1vISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. OV 01-00 i
Having been assessed civil penalties totaling $726.64
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
February 1 12002 , 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.
This the day of Ao,-, , 2002.
GN ATTIRE
ADDRESS
TELEPHONE
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Robert Mitchell
728 Mt. Bethel Road
Harmony, NC 28634
Dear lair. Mitchell:
1 V4P
•
NCDENR
NORTH C-ROuNA DEPARTNWDEVY. OF EP3Vi1'ttiNVE J
ENVIRONMENT AND NA7uRAL R
April 11, 2002
RE: Remission Request s
Mitchell Dairy
Farm # 49-93
Iredell County
File #O V 01-001
APR 1 6 2002
1 a 1
S
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 5, 2002 and you will be notified about the Division's decision concerning remission. If you
have any questions, please call me at [phone], ext. 539.
Sincerely,
s
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: D. Rex Gleason, Mooresville Regional Supervisor w/attachment
Alan Johnson, MRO w/attachment
Central Files
File # OV 01-001 w/ 3 attachments
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax (919) 73;-0059
Raleigh. North Carolina 27699-1617 State Courier #32-01-01
Gln Equal Opporunit-• /.-ljfrrnrarive .-1 ction EmploYer
50% recycled / 10% post-consunrer paper
harp://h?o. en r. stare. nc. its
Location:
512 N. Salisbury St.
Raleizah, NC 27699-1617

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
ENVIRONMENTAL MANAGEMENT
CO_VLNUSSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADI111NISTRATIVE HEARING AND
PERINUT NO. ) STIPULATION OF FACTS
FILE NO. OV 01-001
Having been assessed civil penalties totaling $726.64
for vioIation(s) as set forth in the assessment document of the Division of Water Quality dated,
February 11, 2002 , 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.
This the day of , 2002.
Gy ATURE
ADDRESS
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Memorandum:
TO:
FROM:
PREPARED BY:
SUBJECT:
WATER QUALITY SECTION
August 28, 2001
Colleen Sullins I�
D. Rex Gleason
Alan D. Johnson
Robert Mitchell airy, 449-93
Iredell County, NC
Since January 1, 1999, the Robert Mitchell Dairy has been operating without a designated certified
operator (OIC). Mr. Mitchell failed to pay the renewal fee for 1999 and was informed on numerous
occasions (November 3, 1999, August 30, 2000, October 13, 2000, February 21, 2001, and June 5,
2001) that a certified operator needed to be designated for the dairy. For whatever reasons, Mr.
Mitchell has failed to make the necessary effort to be re -certified or to employ an Operator -In -
Charge.
m

STATE OF NORTH CAROLINA
COUNTY OF Iredell
IN THE MATTER OF
Robert Mitchell
FOR VIOLATIONS OF NCAC
2H.0224 (a) BY FAILING TO
EMPLOY AN APPROPRIATELY
.CERTIFIED OPERATOR IN
RESPONSIBLE CHARGE OF AN
ANIMAL WASTE MANAGEMENT
SYSTEM
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No, OV
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Gregory J. Thorpe, Acting Director of the Division of
Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Robert Mitchell operates an animal operation and an associated animal waste
management system in Iredell County.
B. Robert Mitchell Dairy was deemed permitted on December 10, 1993 in accordance
with 15A NCAC 2H.0217.
C. As of January 1, 1997, a certified operator in responsible charge is required to
operate the subject animal waste management system in accordance with 15A
NCAC 2H.0224 (a).
D. Robert Mitchell failed to designate an appropriately certified operator in responsible
charge of the subject animal waste management system.
E. The costs to the State of the enforcement procedures in this matter totaled $226.64.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Robert Mitchell is a "person" within the meaning of G.S.143-215.6A pursuant to
G.S. 143-212(4).
B. Robert Mitchell's above cited failure to designate an appropriately certified operator
in responsible charge of the subject wastewater treatment facility violated 15A
NCAC 2H.0224 (a).
C. Robert Mitchell may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than $25,000.00 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.
D. The State's enforcement costs in this matter may be assessed against Robert
Mitchell pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
E. The Director, Division of Water Quality pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Robert Mitchell is hereby assessed a civil penalty of:
$ for violating 15A NCAC 2H.0224 (a) by failing to employ an
appropriately certified operator for the subject animal waste
management system.
$ Enforcement costs
TOTAL AMOUNT DUE

5. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
• A Notice of Violation was issued on June 5, 2001 for failing to maintain adequate records
and for failing to designate a certified operator.
• A Notice of Violation was issued on October 13, 2000 for operating without a Certified
Animal Waste Management Plan,(According to the special agreement dated October 1998,
the facility was supposed to be certified in December 1998), inadequate records, over
application of waste, inadequate maintenance of the facility, and for failing to designate a
certified operator.
• A Notice of Violation was issued on November 9, 1998 for failing to maintain adequate
records and for having a discharge from a milk parlor waste pipe.
6. The cost to the State of the enforcement procedures:
Central Office Review and Processing = $ 100.00
4 hours by investigator for investigating and
drafting report(s) @ 17.92/hr. = $ 71.68
1.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. _ $ 39.96
1.0 hour for clerical support @ $15.00/hr. _ � 15.00
TOTAL = $ 226.64
7. Type of violator and general nature of business (i.e. individual vs. large corporation):
Mr. Mitchell is a self-employed dairyman. The facility is certified for 120 animals.
8. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance -
App ars
ecalcitrance:
Appears to be indifferent.
9. Mitigating circumstances:
None
10. Owner of property where the discharge occurred:
Not applicable

As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 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;
and
(8) The cost to the State for the enforcement procedures.
(Date) Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: OV
Violator: Robert Mitchell
Address: 734 Olin Loop Rd.
Olin, NC 28660
Iredell County
Responsible Party: Robert Mitchell
Regional Office: Mooresville
1. The duration and gravity of the violation:
Mr. Mitchell's facility has been without a certified operator since January 1, 1999.
2. The effect on ground or surface water quality or quantity or on air quality
No effects have been measured.
3. The amount of money saved by noncompliance:
Although the yearly renewal fee for certification is minimal, failing to have a certified operator
designated for this facility saved the cost of employing one.
4. Whether the violations were committed willfully or intentionally:
Mr. Mitchell failed to pay the renewal fee for 1999 and was informed on numerous occasions
(November 3, 1999, August 30, 2000, October 13, 2000, February 21, 2001, and June 5, 2001)
that a certified operator needed to be designated for the dairy. For whatever reasons, Mr.
Mitchell failed to make the necessary effort to be re -certified or to employ an Operator -In -
Charge.

5. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
A Notice of Violation was issued on June 5, 2001 for failing to maintain adequate records
and for failing to designate a certified operator.
A Notice of Violation was issued on October 13, 2000 for operating without a Certified
Animal Waste Management Plan (According to the special agreement dated October 1998,
the facility was supposed to be certified in December 1998), inadequate records, over
application of waste, inadequate maintenance of the facility, and for failing to designate a
certified operator.
A Notice of Violation was issued on November 9, 1998 for failing to maintain adequate
records and for having a discharge from a milk parlor waste pipe.
6. The cost to the State of the enforcement procedures:
Central Office Review and Processing = $ 100.00
4 hours by investigator for investigating and
drafting report(s) @ 17.92/hr. = $ 71.68
1.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. = $ 39.96
1.0 hour for clerical support @ $15.00/hr. = 5 15.00
TOTAL = $ 226.64
7. Type of violator and general nature of business (i.e. individual vs. large corporation):
Mr. Mitchell is a self-employed dairyman. The facility is certified for 120 animals.
S. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
Appears to be indifferent.
9. Mitigating circumstances:
None
10. Owner of property where the discharge occurred:
Not applicable

CERTIFICATION PAGE
I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST
OF MY KNOWLEDGE.
Alan D: John

WATER QUALIFY SECTION
April 20, 2001
Memorandum:
TO: Colleen Sullins
FROM: D. Rex Gleason
PREPARED BY: Alan D. Johnson
i
SUBJECT: Robert Mitchell Dairy, #49-93
Iredell County, NC
On October 30, 2000 a recommendation for enforcement was prepared for the Robert
Mitchell Dairy. Because the dairy was not certified, it was effectively operating without a permit.
Thus, enforcement of permit/certified plan was a moot point. This Office believes that the
conditions of the Special Agreement dated October 10, 1998 should be enforced. The agreement
stipulated that all required work to obtain certification be concluded by December 31, 1998.
Section 2.c stated that DWQ should be notified within 14 days after the deadline if compliance
could not be made. This was not done. Section 3 stated, that should the facility fail to fully
implement the certified plan by the December 31s` deadline, the facility would be subject to a $100
fine for the first seven days past the deadline and $500 for each additional day thereafter. As of
today's date, Mr. Mitchell still has not obtained certification. He also continues to operate without a
designated certified operator.
It is our opinion that inspections of this facility should cease until proper measures have
been taken to force Mr. Mitchell (lessee) or Mr. Clyde Thomas (owner) to comply with NCGC 143-
215.1OC.

�oF W A T F9Q Michael F. Easley
�O G Govemor
William G. Ross, Jr.,Secretary
— North Carolina Department of Environment and Natural Resources
'C Kerr T. Stevens, Director
Division of Water Quality
WATER QUALITY SECTION
June 5, 2001
CERTIFIED MAIL
RETURN RECEIPT RE VESTED
000 l G? a 60b i 15613 /3.8
Ro ert Mitchell
734 Olin Loop Rd.
Olin, NC 28660
Subject: NOTICE OF VIOLATION
Site Inspection Report
Robert Mitchell Dairy, Facility #: 49-93
Irede[1 County, NC
Dear Mr. Mitchell:
Mr. Alan Johnson of this Office conducted an inspection of your facility on June 4, 2001.
Based on his findings, this letter is being issued as a Notice of Violation (NOV) for the following
reasons:
Failure to provide adequate records. Records showed waste applications only for March
2000. No other record for the removal and land application of waste was available. In
addition, the records were completed improperly. This deficiency was noted in the 1998 -
inspection report and subsequent inspection reports.
• Failure to have available a copy of an annual soil analysis (past or present).
Failure to have a Certified Operator in Charge (O1C). The database shows that your certified
operator license has been invalid since January 1999. This was noted in previous inspections.
Also, the central office has not received notification for the designation of a new certified
operator for the facility. A new OIC must be designated immediately.
Failure to maintain adequate and complete records is a violation of North Carolina
General Statute 143-215.10C and North Carolina Administrative Code 15A 2H. 0217 (d). Failure
to have a properly certified operator is a violation of North Carolina General Statute CGS 90A-
47.2.
It is requested that a written response be submitted to this Office by June 18, 2001,
indicating the actions taken to correct the noted violations. Please address your response to the
attention of Mr. Johnson. It is also requested that your response reference the date and subject of
this NOV, as well as the facility number.
NMENR
Customer Service Mooresville Regional Office, 919 Nosh Main Street, Mooresville, NC 28115 PHONE [phone]
1 600 623-7748 FAX [phone]

Page 2
Mitchell
In addition to the above noted violations, the following was also noted during the
inspection:
The issue regarding the discharge pipe/junction box has been addressed and the farm has
been certified by Mr. Larry Hendrix of the Natural Resource Conservation Service.
However, the junction box should be fenced off to prevent access by the animals and the
area around the box needs to be seeded with grass to prevent erosion. '
• The old silage and bedding that has been stockpiled needs to be removed and properly
discarded.
• The broken section of the milk parlor discharge pipe located at the top corner of the
freestall needs to be repaired.
It is requested that a time line for correcting these deficiencies be included in your response to Mr.
Johnson.
Be advised that North Carolina General Statutes provide for penalties of up to $25,000 per
violation per day as well as criminal penalties for violations of state environmental laws and'
regulations. Enclosed please find the inspection report, which should be self-explanatory. If you
have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at
[phone].
By copy of this letter to the Division of Soil and Water Conservation and your local
District Soil and Water Conservation office, DWQ is referring this facility for technical assistance,
if appropriate. If you have any questions concerning this matter, please do not hesitate to contact
Mr. Johnson or me at [phone].
Sincerely,
i
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: fredell County SWCD
Compliance/Enforcement Unit
Tommy Stevens, Dir. DWQ
Regional Coordinator
File

For your information, the following items must be available for review by the inspector during the
inspection:
• Permit and Certification forms.
• Once permitted: freeboard levels.
• Site diagram, which shows fencing, streams, buffer zones, and feed areas.
• Waste application records, with accompanying waste analyses.
• Maps of acreage and irrigated fields.
• Waste utilization plan, tract/field number, usable/wettable acres (not necessarily total
acreage), list of crops, PAN required, and amount of waste produced by livestock.
• Waste and soil analysis information. It is suggested that this be maintained in a single
folder.
• Emergency action plan which must be posted.
• Insect, odor control, and mortality checklists must be completed.
• Certified Operator renewal card.
Failure to have the above components available and complete could result in a Notice of
Violation or other enforcement actions. Also, remember that waste applications should be made
during the time the crop can utilize the nutrients in the waste. In general, waste should be
applied no earlier than 30 days prior to planting.

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❑ Boars
Design Current Design Current
Poultry Capaeity Population Cattle Capacih_• Po ulatiou
I❑ Laver airy
Q Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity
Total SSLW
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds/ Solid Trm.aps ❑ No Liquid Waste Management System
Discharges R Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes No
Discharge originated at: ❑ Lagoon CI Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it :cac!1 Water Of the State? (If yes, notify DWQ)Ej yes ❑ No
c. If discharge is observed. what ; ir,.: estimated flow in gal/min?
d. Docs dischai-ge Bypass a lagoon-, n? (If yes_ notify DWQ) ❑, Yes ❑ No
?. Is there evidence of past discharge from any part of the
❑ Yes Q�qo
3. Were [here an•: _dverse impacts or potential adverse imr::_ - the Waters of the State other than from a discharge'? ❑ Yes 1`�(No
—11
01/01/01
Continued

I
Facility Number- —
Waste Collection & Treatment
Date of Inspection
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes �4 No
S[ructurt 1 Structure 2 Structure 3 Structurc 4 Siruc:ture 5 Structure 6
Identifier:
Freeboard(inches): { ..................................... .................. ............... ............... ........................ ......................... —,.......
5. Are there anv immediate threats to the integrity of any of the structures &-,:r -'ed? (ic! trees, se% -L-_ _rosion.
El Yes UkNo
seepage. i
6. Are there structures on-site which are not properly addressed and/or managed through a waste r.:_:' ement or
closure plan? ❑Yes K No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DLVQ)
i. Do any of the structures need maintenance improvement? El Yes {�No
S.
Does any part of the waste management system other than waste structures require maintenanc..::~:nrr gement'?
,,Yes
❑ No
9.
Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid le •�:
19.
Fail to have Certificate of Coverage &: General Permit or other Permit readily available?
elevation markings?
❑ Yes
[K.No
Waste
Application
10.
Are there any buffers that need maintenancelimprovement'?
❑ Yes]
No
11.
Is there evidence of over application? ❑ Excessive( ❑ PAN ❑ H%-draulic Overload
❑ Yes
No
12.
1lPonding
Crop type C? c�+rh
N No
23.
13.
Do the receiving crops differ with those designated in the Certified Animal Waste lvlanagement Plan (CAWiv1P)?
❑ Yes
[*io
14.
a) Does the facility lack adequate acreage for [and application?
❑ Yes
❑ No
(ie/ discharge. freeboard problems. o°: er application)
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
Did Reviewer/Inspecto: fai! to discuss review/inspection with on-site representative?
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15.
Does the receiving crop need improvement?
❑ Yes
UVo
lb.
Is there a lack of adequate waste application equipment?
❑ Yes
2No
17.
e rock outcrops present?
❑ Yes
❑ No
18,
ere a water supply well within 250 feet of the sprayfield boundary? ❑ Unknown
❑ Yes
❑ No
❑ On-site ❑ Off-site
Required
Records & Documents
19.
Fail to have Certificate of Coverage &: General Permit or other Permit readily available?
❑ Yes
RNo
20.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily availabie?
(ie/ WUP, checklists. design, maps, etc.)
❑ Yes
ZNo
21.
Does record keeping need improvement'? (ie/ irrigation, freeboard, waste analysis & soil sampl. eDorts)
Yes
❑ No
22.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes.
N No
23.
Did the facility fail to have a actively certified operator in charge?
Yes
❑ No
24.
Fail to notify regional DWQ of emergency situations as required by General ?ermit1
(ie/ discharge. freeboard problems. o°: er application)
❑ Yes
tZ-No
?�.
Did Reviewer/Inspecto: fai! to discuss review/inspection with on-site representative?
❑ Yes
No
26.
Does facility require a fellow -up visit by same agency?
❑ Yes
No
?.
`,Vere any additional ;;r Mems noted •� bleb cause noncompliance of the C.; tined AWNIP?
❑ Yes
No
odor Issues
28.
Does the discharge pipe :Torn L`— ccr:inemem building to the storage pon.: or lagoon fail to disc--_ ;e at/or below
y
❑ Yes
E]No
liquid level of lagoon ,,. :,rase pond -,with no agitation?
2c.
a.re there an .?ead .: ; not L'.:_- :: of pmo rly within 24 hours?
❑ Yes
❑ No
„r pI/01
Continued

C
Facility Number: _ Date of Inspection
30. Is there any evidence of wind drift during land application? (i.e, residue on neighboring vegeta(ion, asphalt,
roads, building structure, and/or public property)
31. Is the land application spray system intake not located near the liquid surface of the lagoon?
32. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
33. Do the animals feed storage bins fail to have appropriate cover?
34. Do the flush tanks lack a submerged fill pipe or a permanent temporary cover?
Printed on: 1/4/2001
❑ Yes No
❑ Yes ❑ No
❑ Yes No
❑ Yes No
❑ Yes ❑ No
Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
—
Comments (refer to question . :-xp ain any:, answers and/or any.recornniendations a( any other-comiire>its
Use drawings of facility to better explain situahoris :(use addrtzonal pages as necessan) t
❑ Field Copy C] Final Notes
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Reviewer/Inspector 5ignatuc-e:
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Date-
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zzk'C _
;

+Z 204 746 219
US Postal Servide
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for l6teniational Mail See reverse
ROBERT MITCHELL
734 OLIN LOOP RD
OLIN NC 28660
:.;
t eL
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVIL LE REGIONAL: OFFICE
WATER QUALITY SECTION
October 13, 2000
HILL HOLMAN �
CERTli' SED MAIL
SECRETARY
�T
RETURN RECEIPT RE VESTED
. _.r
Robert Mitchell
.
734 Olin Loop Rd.
'.�
tb
Olin, NC 28660
gryy- y -5r
Subject: Notice of Violation/
Recommendation For Enforcement
NCGS 143-215.10 C
Robert Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Dear Mr. Mitchell:
Mr. Alan Johnson of this Office conducted an inspection of your facility on
October 9, 2000. This letter is being issued as a Notice of
Violation/Recommendation For Enforcement for the following:
• Operating an animal operation without a Certified Animal Waste
Management Plan (CAWMP). A plan should have been implemented by
December 31, 1998 per the Special Agreement dated October 10, 1998.
Failure to replace the broken section of the milk parlor discharge pipe.
This violation was noted in the 1998 inspection report and subsequent
inspections.
• Failure to provide adequate records. Records showed waste applications
only for March 2000. No other record for the removal of waste was
available. This deficiency was noted in the 1998 inspection report and
subsequent inspection reports. Also, no record of any soil analyses was
available.
Over application of animal waste. The CAWMP states that waste applied
to the fields should not exceed 13,500 gal/ac. Your records for March
2000 show that waste was applied to fields #1 and #2 at 19,394 and.
14,971 gal/ac, respectively.
FI XST
1� Ar�ua c�
2 4 I u
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE [phone] FAX [phone]
AN_ EQUAL OPPORTUNITY / APPIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% P09i'-CONSUMER PAPER

to have a Certified Operator in Charge (OIC). The database shows that your
..�.....i operator license has been invalid since January 1999. This was noted in the
previous inspection. Also the central office has not received notification for the
designation of a new certified operator for the facility,
• Missing pump marker. No pump marker was observed in the storage pond.
Failure to obtain and implement a Certified Animal Waste Management Plan and provide
adequate records are violations of North Carolina General Statute 143-215.10C and North
Carolina Administrative Code 15A 2H. 0217 (d).
If you have an explanation for the noted violations that you wish to present,
please respond in writing within ten (10) days following the receipt of this notice. Your
explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his
consideration.
Be advised that North Carolina General Statutes provide for penalties of up to $25,000
per day per violation as well as criminal penalties for violation of state environmental laws and
regulations.
Enclosed please find the inspection report, which should be self-explanatory. Note
comments at the end of the report. If you have any questions concerning this matter, please do
not hesitate to contact Mr. Johnson or me at [phone].
cc: Iredeil SWCD
Comphance/Enforcement Unit.
Regional Coordinator
CIyde Thomas
File
AJ
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor

0F WA rf9QG
f
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
+ Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Mitchell
728 Mt. Bethel Road
Harmony, NC 28634
June 17, 2002
SUBJECT: Request for Remission of Civil Penalty
Mitchell Dairy
Farm # 49-93
Iredell County
File No. OV 01-001
Dear Mr. Mitchell:
INC DEPT. Or Etak7��'V£WF
IA�iIj �;tAr+ s
JUN 2 5 2002
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $726.64.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your
check oavable to the Department of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of -
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 143B -282.1(c).
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled/ 101% post -consumer paper
h t t p J/h2o. enr. s to te. nc. us
�1
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mr. Robert Mitchell
June 6, 2002
Page 2
If you choose to present your request to the committee, please notify DWQ within 30 days of
receipt of this letter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter. If you would like a receipt that your check was
received, please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
Gr ry . Thorpe, h. D.
Deput Director
GJT/scl
cc: D. Rex Gleason, Mooresville Regional Supervisor
Alan Johnson, MRO
File # OV 01-001
Central Files

0
WATER QUALITY SECTION
August 28, 2001
Memorandum:
TO: Colleen Sullins
FROM: D. Rea Gleason
PREPARED BY: Alan D. Johnson
SUBJECT: Robert Mitchell airy, 449-93
Iredell County, NC
Since January 1, 1999, the Robert Mitchell Dairy has been operating without a designated certified
operator (OIC). Mr. Mitchell failed to pay the renewal fee for 1999 and was informed on numerous
occasions (November 3, 1999, August 30, 2000, October 13, 2000, February 21, 2001, and June 5,
2001) that a certified operator needed to be designated for the dairy. For whatever reasons, Mr.
Mitchell has failed to make the necessary effort to be re -certified or to employ an Operator -In -
Charge.

STATE OF NORTH CAROLINA
COUNTY OF Iredell
IN THE MATTER OF
Robert Mitchell
FOR VIOLATIONS OF NCAC
2H.0224 (a) BY FAILING TO
EMPLOY AN APPROPRIATELY
CERTIFIED OPERATOR IN
RESPONSIBLE CHARGE OF AN
ANIMAL WASTE MANAGEMENT
SYSTEM
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. OV
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Gregory J. Thorpe, Acting Director of the Division of
Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Robert Mitchell operates an animal operation and an associated animal waste
management system in Iredell County.
B. Robert Mitchell Dairy was deemed permitted on December 10, 1993 in accordance
with 15A NCAC 2H.0217.
C. As of January 1, 1997, a certified operator in responsible charge is required to
operate the subject animal waste management system in accordance with 15A
NCAC 2H.0224 (a).
D. Robert Mitchell failed to designate an appropriately certified operator in responsible
charge of the subject animal waste management system.
E. The costs to the State of the enforcement procedures in this matter totaled $226.64.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Robert Mitchell is a "person" within the meaning of G.S.143-215.6A pursuant to
G.S. 143-212(4).
B. Robert Mitchell's above cited failure to designate an appropriately certified operator
in responsible charge of the subject wastewater treatment facility violated 15A
NCAC 2H .0224 (a).
C. Robert Mitchell may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than $25,000.00 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.
D. The State's enforcement costs in this matter may be assessed against Robert
Mitchell pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
E. The Director, Division of Water Quality pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Robert Mitchell is hereby assessed a civil penalty of:
$ for violating 15A NCAC 2H.0224 (a) by failing to employ an
appropriately certified operator for the subject animal waste
management system.
$ Enforcement costs
$ TOTAL AMOUNT DUE

5. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
• A Notice of Violation was issued on June 5, 2001 for failing to maintain adequate records
and for failing to designate a certified operator.
• A Notice of Violation was issued on October 13, 2000 for operating without a Certified
Animal Waste Management Plan (According to the special agreement dated October 1998,
the facility was supposed to be certified in December 1998), inadequate records, over
application of waste, inadequate maintenance of the facility, and for failing to designate a
certified operator.
• A Notice of Violation was issued on November 9, 1998 for failing to maintain adequate
records and for having a discharge from a milk parlor waste pipe.
6. The cost to the State of the enforcement procedures:
Central Office Review and Processing = $ 100.00
4 hours by investigator for investigating and
drafting report(s) @ 17.92/hr. _ $ 71.68
1.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. = $ 39.96
1.0 hour for clerical support @ $15.00/hr. = S 15.00
TOTAL = $ 226.64
7. Type of violator and general nature of business (i.e. individual vs. large corporation):
Mr. Mitchell is a self-employed dairyman. The facility is certified for 120 animals.
B. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
Appears to be indifferent.
9. Mitigating circumstances:
None
10. Owner of property where the discharge occurred:
Not applicable

As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 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;
and
(8) The cost to the State for the enforcement procedures.
(Date) Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: OV
Violator: Robert Mitchell
Address: 734 Olin Loop Rd.
Olin, NC 28660
Iredell County
Responsible Party: Robert Mitchell
Regional Office: Mooresville
1. The duration and gravity of the violation:
Mr. Mitchell's facility has been without a certified operator since January 1, 1999.
2. The effect on ground or surface water quality or quantity or on air quality
No effects have been measured.
3. The amount of money saved by noncompliance:
Although the yearly renewal fee for certification is minimal, failing to have a certified operator
designated for this facility saved the cost of employing one.
4. Whether the violations were committed willfully or intentionally:
Mr. Mitchell failed to pay the renewal fee for 1999 and was informed on numerous occasions
(November 3, 1999, August 30, 2000, October 13, 2000, February 21, 2001, and June 5, 2001)
that a certified operator needed to be designated for the dairy. For whatever reasons, Mr.
Mitchell failed to make the necessary effort to be re -certified or to employ an Operator -In -
Charge.

5. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
• A Notice of Violation was issued on June 5, 2001 for failing to maintain adequate records
and for failing to designate a certified operator.
• A Notice of Violation was issued on October 13, 2000 for operating without a Certified
Animal Waste Management Plan (According to the special agreement dated October 1998,
the facility was supposed to be certified in December 1998), inadequate records, over
application of waste, inadequate maintenance of the facility, and for failing to designate a
certified operator.
• A Notice of Violation was issued on November 9, 1998 for failing to maintain adequate
records and for having a discharge from a mill{ parlor waste pipe.
6. The cost to the State of the enforcement procedures:
Central Office Review and Processing = $ 100.00
4 hours by investigator for investigating and
drafting report(s) @ 17.92/hr. = $ 71.68
1.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. = $ 39.96
1.0 hour for clerical support @ $15.00/hr. = 5 15.00
TOTAL = $ 226.64
7. Type of violator and general nature of business (i.e. individual vs. large corporation):
Mr. Mitchell is a self-employed dairyman. The facility is certified for 120 animals.
8. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
Appears to be indifferent.
9. Mitigating circumstances:
None
10. Owner of property where the discharge occurred:
Not applicable

CERTIFICATION PAGE
I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST
OF MY KNOWLEDGE.
Alan D. Johnson

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
NC DEPT. 07 Wl'I?GM1 E: -'T
AUE3 "dr',i �siv_, c �':;7?.>sit'
MAR
Michael F. Easley, Governor
William G. Ross Jr., Secretary s, a ;
Gregory J. Thorpe,'Ph.D., Acting IYirector ,.,.,
Mr. Robert Mitchell
734 Olin Loop Road
Olin, NC 28660
Dear Mr. Mitchell:
1 � •
1 2 2002 .�._.l
NCDENR
1 T' !, 17"it-te+tVORTH CAROLINA DEPARTMENT OF
I t,;;'" (ENVIRONMENT AND NATURAL RESOURCES
March 7, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Failure to Designate a Certified
Operator
Farm # 49-93
Iredeli County
File No. OV 01-001
This letter transmits notice of a civil penalty assessed against Mitchell Dairy in the
amount of $726.64 which includes $226.64 in investic ative 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:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver -form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
5017c recycled / 10% post -consumer paper
http://h 2 o. enr. state. nc. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
K'
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 and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (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
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
!•
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
"a"I
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
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], ext. 539 or
Ms. Linda Fitzpatrick at [phone], ext. 526.
Sineerel ,
A 7�
Dennis R. Ramsey,P.E.
Assistant Chief
Non -Discharge Branch
ATTAC1-11V ENTS
cc: D. Rex Gleason, Mooresville Regional Supervisor w/ attachments
4,j4n_J0_hns6n,.,MRO w/ attachments
File # OV 01-001 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. OV 01-001
Having been assessed civil penalties totaling $726.64
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
_February 11, 2002 , 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.
This the day of , 2002.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
IN THE MATTER OF )
ROBERT A. MITCHELL )
}
}
FOR VIOLATION OF 15A NCAC )
2H .0224 (a) BY FAILING TO )
DESIGNATE AN APPROPRIATELY )
CERTIFIED OPERATOR IN )
RESPONSIBLE CHARGE OF AN )
ANIMAL WASTE MANAGEMENT )
SYSTEM )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. OV 01-001
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, Dennis
R. Ramsey, Assistant Chief of the Non -Discharge Branch of the Water Quality Section of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Robert A. Mitchell leases and operates Mitchell Dairy, a dairy operation in Iredell
County.
B. Mitchell Dairy was deemed permitted as a non -discharge facility on December
10, 1993 in accordance with 15A NCAC 2H.0217.
C. As of January 1, 1997, a certified operator in responsible charge is required to
operate an animal waste management system in accordance with 15A NCAC
2H. 0224 (a).
D. In November 1997, Robert A. Mitchell was designated as the operator in charge
of the animal waste management system for Mitchell Dairy.
E. Mr. Mitchell's operator in charge certification expired December 31, 1998. Mr.
Mitchell failed to renew the certification. No new certified operator in charge has
been designated for the animal waste management system.
F. The costs to the State of the enforcement procedures in this matter totaled
5226.64. .

F1 I
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Robert A. Mitchell 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 in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. For facilities permitted in accordance with 15A NCAC 2H .0217, an operator in
charge must be designated in accordance with 15A NCAC 2H .0224 (a).
D. Mr. Mitchell's above-cited failure ,to designate an appropriately certified operator
in responsible charge of the subject wastewater treatment facility violated 15A
NCAC 2H .0224 (a).
E. Robert A. Mitchell may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than $25,000.00 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.
F. The State's enforcement costs in this matter may be assessed against Robert A.
Mitchell pursuant to G.S_ 143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
G. The Assistant Chief of the Nan -Discharge Branch of the Water Quality 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:
Robert A. Mitchell is hereby assessed a civil penalty of:
$ 504 O 0 for violation of 15A NCAC 2H .0224 (a) by failing to
designate a certified operator in charge for the animal waste
management system at Mitchell Dairy
$ 226.64
$_ 72
Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I
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;
and
(8) The cost to the State for the enforcement procedures.
c?2- Z/ zzo_��
(Date) Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
Water Quality Section
Division of Water Quality

F-
111110
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
WATER QUALITY SECTION
October 13, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Mitchell
734 Olin Loop Rd.
Olin, NC 28660
Subject: Notice of Violation/
Recommendation For Enforcement
NCGS 143-215.10 C
Robert Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Dear Mr. Mitchell:
Mr. Alan Johnson of this Office conducted an inspection of your facility on
October 9, 2000.- This letter is being issued as a Notice of
Viol ationlRecommendation For Enforcement for the following:
Operating an animal operation without a Certified Animal Waste
Management Pian (CAWMP). A plan should have been implemented by
December 31, 1998 per the Special Agreement dated October 10, 1998.
• Failure to replace the broken section of the milk parlor discharge pipe.
This violation was noted in the 1998 inspection report and subsequent
inspections.
• Failure to provide adequate records. Records showed waste applications
only for March 2000. No other record for the removal of waste was
available. This deficiency was noted in the 1998 inspection report and
subsequent inspection reports. Also, no record of any soil analyses was
avai lable.
• Over application of animal waste. The CAWMP states that waste applied
to the fields should not exceed 13,500 gal/ac. Your records for March
2000 show that waste was applied to fields #1 and #2 at 19,394 and
14,971 gal/ac, respectively.
IN ME
919 NORTH MAIN 6TREET, MOORESVILLE, NORTH CAROLINA 28118
PHONr 704-663-1699 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIV[ ACTION EMPLOYER - SO% pECYCLED/10% POST -CONSUMER PAPER
JAMES B. HUNT JR-
R..r,'GOVERNOR
?''GOVERNOR
BILL HOLMAN1
,:,t -SECRETARY
,t
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
WATER QUALITY SECTION
October 13, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Mitchell
734 Olin Loop Rd.
Olin, NC 28660
Subject: Notice of Violation/
Recommendation For Enforcement
NCGS 143-215.10 C
Robert Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Dear Mr. Mitchell:
Mr. Alan Johnson of this Office conducted an inspection of your facility on
October 9, 2000.- This letter is being issued as a Notice of
Viol ationlRecommendation For Enforcement for the following:
Operating an animal operation without a Certified Animal Waste
Management Pian (CAWMP). A plan should have been implemented by
December 31, 1998 per the Special Agreement dated October 10, 1998.
• Failure to replace the broken section of the milk parlor discharge pipe.
This violation was noted in the 1998 inspection report and subsequent
inspections.
• Failure to provide adequate records. Records showed waste applications
only for March 2000. No other record for the removal of waste was
available. This deficiency was noted in the 1998 inspection report and
subsequent inspection reports. Also, no record of any soil analyses was
avai lable.
• Over application of animal waste. The CAWMP states that waste applied
to the fields should not exceed 13,500 gal/ac. Your records for March
2000 show that waste was applied to fields #1 and #2 at 19,394 and
14,971 gal/ac, respectively.
IN ME
919 NORTH MAIN 6TREET, MOORESVILLE, NORTH CAROLINA 28118
PHONr 704-663-1699 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIV[ ACTION EMPLOYER - SO% pECYCLED/10% POST -CONSUMER PAPER

Page 2
Mitchell
• Failure to have a Certified Operator in Charge (OIC). The database shows that your
certified operator license has been invalid since January 1999. This was noted in the
previous inspection. Also the central office has not received notification for the
designation of a new certified operator for the facility.
• Missing pump marker. No pump marker was observed in the storage pond.
Failure to obtain and implement a Certified Animal Waste Management Plan and provide
adequate records are violations of North Carolina General Statute 143-215.1OC and North
Carolina Administrative Code 15A 2H. 0217 (d).
If you have an explanation for the noted violations that you wish to present,
please respond in writing within ten (10) days following the receipt of this notice. Your
explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his
consideration.
Be advised that North Carolina General Statutes provide for penalties of up to $25,000
per day per violation as well as criminal penalties for violation of state environmental laws and
regulations.
Enclosed please find the inspection report, which should be self-explanatory. Note
comments at the end of the report. If you have any questions concerning this matter, please do
not hesitate to contact Mr. Johnson or me at [phone].
cc: iredell SWCD
Compliance/Enforcement Unit
Regional Coordinator
Clyde Thomas
File
AJ
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor

0( Division of Water Quality
0 Division of Soil and Water Conservation
0 Other Agency
Type of Visit `IF'.Compiiance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit X—Rounne O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
DUIV ii' i+it: elf Tiknr: %' I'rinled un: 7/21/2000
t Facility Number
f
O Not O erational O Ilelow •Threshold
❑ Permitted ❑ Certified ❑ Conditionally Certified ❑ Registered D:ttc Last Operated or Ahove'Threshoid: .................
Farm dame: ' !. �T ..� !�.t. r...��C.. ..
County* : ........... �..........4 !.e_kk......................................
V Phnne N'o:
OwnerN.kmc:................4(.L:................U..L1!1k 5.... ....`L�...7.................................
Facility Contact: ....... s............ .!.. .V1..K.+..�.`.............. hitle:............. .............. ........... I ....................... .. Phone No:
MaiiingAddress: ......73....L..._... ?..!..'..`'y......1�.+r` �....................... ................... ...........................................................:......c ...d.�G. .4-1..
OnsiteRepresentative:......../ .1.11.:%,��............................................................... ............ Into-rator:......................................................................................
Certified Operator:....... >. ......9\ t~ !CJY............................................... Operator Certification Number......_....................
Location of Farm:
0
T
❑ Swine ❑ Poultry U Cattle ❑ Horse Latitude I' Longitude a C,
Design Current Design Current Design Current
Swine Capacity population Poultry Capacity Population Cattle Ca acity Population
❑ Wean to Feeder I❑ Laver ®,Dairy ,(71
❑ Feeder to Finish ❑ Non -Laver JEI Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder Other
�❑ Farrow to Finish Total Design Capacity
❑ Gilts
1 ❑ Boars Totai SSLW
Number of Lagoons I L Subsurface Drains Present 110 Lagmm .area 10 Spray Field :area
Holding Ponds / Solid Traps t No Liquid Waste Management System
Dischartzes & Stream Impact_~
1. Is any discharge observed from any part of the operation'? ❑Yes �kNo
Discharge origina[ed at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discaarrgc is observed, was the convcyancc man-made? ❑Yes ❑ No
h. If di5char_=e is observed. did it reach Water of the State'' (If yes, notify DWQ) ❑Yes ❑ No
[i disci�ar c is obscrved. what is the estimated flow in gal/min'?
d. Does discharge hypass a lagoon systeni:' (If yes, notify DWQ) ❑ Yes [:]No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
�. Were there any adverse impacts or potential adverse impacts to the Waters oSthe State other than from a discharge? [:]Yes Wallo
Waste Collection & Treatment
-I. Is storage capacity (freeboaro plus storm storage) less than adequate! IQ Spillway ❑ Yes 125 -No
Su-ucturc 1 Su-uL;ture 2 Structure StrktC[Urc 4 Structure S Structure 6
ldcnti i icr:.................................... .....
Frechnard (inches): 3
5100 Condnued on back

Facility Number Date of 113..\F1ecEimi Printed on: 7/21/2000
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available'?
5. Are there any immediate threats to the intc 7r€ty of anv of the structures observed'? (ie/ trees. severe erosion.
El Yes
}�] No
seepage, etc.)
❑ Yes
;J No
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
Does record keeping need improvement'' (ie/ irrigation, freeboard, waste analysis & soil sample reports)]
Yes
closure plan'?
❑ Yes
K'No
(If any of questions 4-6 was answered yes, and the situation poses an
b] No
21.
immediate public health,or environmental threat, notify DWQ)
jj� Yes
[]No
7. Do any of the structures need maintenance/improvement'?
KYes
No
8. Does any pan of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
No
9. Do any stuctures lack adequate. gauged markers with required maximum and minimum liquid level
&NO
23.
elevation markings?
/] Yes
❑ No
«"ante Application
Does facility require a follow-up visit by same agency'?
❑ Yes
10. Are there any buffers that need maintenance/improvement'?
❑ Yes
JZJ_No
11. Is there evidence of over application? ❑ Excessive Ponding- ❑ PAN Hydraulic Overload
❑ Yes
5'No
12. Crop type a ��
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)'?
-❑ Yes
K No
14. a) Does the facility lack adequate acreage for land application'?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination'?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination'?
❑ Yes
❑ No
15. Does the receiving crop need improvement'?
❑ Yes
No
16. Is there a lack. of adequate waste application equipment'?
❑ Yes
J� No
Required Records & Documents
17. Fail to have Certificate of Coverage & GeneraI Permit readily available'?
14 Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available'?
coir' 5 &fideltCe. ab' ' f th" .visit` '
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
(ie/ WUP. checklists. design. maps. etc.)
❑ Yes
;J No
19.
Does record keeping need improvement'' (ie/ irrigation, freeboard, waste analysis & soil sample reports)]
Yes
❑ No
30.
Is facility not in compliance with any applicable setback criteria in effect at the time of design'?
[:]Yes
b] No
21.
Did the facility fail to have a actively certified operator in charge'?
jj� Yes
[]No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit'?
(ie/ discharge. freeboard problems. over application)
❑ Yes
&NO
23.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative'?
❑ Yes
1p No,
24.
Does facility require a follow-up visit by same agency'?
❑ Yes
691No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
9 No
�. �.0 •V1OIation' s.ot def ciencies •were 16fed• during • bis.vlslt. •.Y;o4 will r' ebdi ii iio futttter.
coir' 5 &fideltCe. ab' ' f th" .visit` '
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
ke-PZ t 5 C_Vic- L' r ► `'� vt4 i7^>_e4-L
1 06
IV- TiAe- VVA-M, h OA_-
Reviewer/Inspector Name
Reviewer/Inspector Signature: l Date: 5100
V
5t

Facility Number; y — f DLILC of Inspection Printed on: 7/21/2000
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge aVor helow ❑ Yes ❑ No
fiqu€d level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours'? ❑ Yes tlNo
28. Is there any evidence of wind drift during land app€ication? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes 2�,No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes &o
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes iNO
32. Do the flush tanks iack a submerged fill pipe or a permanent/temporary cover? ❑ Yes [3No
Additionai Comments andor rawtngs:
S
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5100 b $ UJw `�P

North Carolina
Department of Environment and Natural Resources
Yater Pollution Control System Operator Certification Commission
Nlichael F. Easley, Governor
William G. Ross Jr., Secretary
Coleen H. Sullins, Chairman
February 21, 2001
Clyde Thomas
734 Olin Loop
Olin NC 28660-9449
SUBJECT: Designation of Operator in Charge
Farm Name: Robert Mitchell Dairy Farm
Facility ID #: 49-93
County: Iredell
Dear Mr. Thomas:
NCDENR
NC DEPT. OF ENVIRONMENT
AND NATURAL RESOURCES
NWORE5VILLF REC)ONAL OFFICE
R
MAR 2 8 2001
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural
Waste, was enacted by the 1996 North Carolina General Assembly. This legislation requires owner of a certified
operator for each animal waste management system that serves 250 or more swine, 100 or more confined cattle,
75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid waste management
system.
Our records indicate that the operator designated as the Operator In Charge (OIC) for your animal waste
management system is no longer certified. Therefore, you must designate a properly certified animal waste
management system operator as the OIC for your facility. The enclosed designation form must be returned to this
office by April 1, 2001. This office maintains a list of certified operators in your area if you need assistance in
locating a certified operator.
Failure to designate a properly certified Operator in Charge for your facility is a violation of N.C.G.S. 90A-47.2
and 15A NCAC 8F .0201(a) and may result in the initiation of enforcement action. Please be advised that nothing
in this letter should be taken as resolving you of the responsibility and liability for any past or future violations for
your failure to have a properly certified Operator in Charge designated for your animal waste management system.
If you have questions concerning this matter, or if this office can be of further assistance, please call Beth
Buffington at [phone], extension 313.
Sincerely,
v
Dwight Lancaster, Supervisor
Technical Assistance and Certification Unit
Enclosure
cc: TAC Files
Non -Discharge Compliance/Enforcement Unit
Mooresville Regional Office
Central Files
1618 Mail Service Center, Raleigh, North Carolina 27699-1618
Phone: 919 — 733-0026 1 FAX: 919 — 733-1338
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED 1 10% POST CONSUMER PAPER

�1
WAT
OF E!9 Michaal F. Easley
`O� QG Governor
William G. Ross, Jr.,Secretary
>_ North Carolina Department of Environment and Natural Resources
p Ken T. Stevens, Director
Division of Water Quality
WATER QUALITY SECTION
February 15, 2001
Robert Mitchell
734 Olin Loop Rd.
Olin, NC 28660
Subject: DWQ Animal Operation Inspection
Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Dear Mr. Mitchell:
Please note that during many of Mr. Johnson's inspections he has noted that some farms are often missing one or
more components of the farm plan that should be available for review. The following items must be available for review
by the inspector during the inspection:
• Certification forms.
• Site diagram, which shows fencing, streams, buffer zones, and feed areas.
• Waste application records, with accompanying waste analyses.
• Maps of acreage and irrigated fields.
• Waste utilization pian, tract/field number, usabietwettable acres (not necessarily total acreage), list of
crops, PAN required, and amount of waste produced by livestock.
• Waste and soil analysis information. Must have three years of data.
It is suggested that this be maintained in a single folder.
• Emergency action plan which must be posted.
• Insect, odor control, and mortality checklists must be completed.
• Certified Operator renewal card.
• All components of the certified farm plan must be installed and maintained according to NRCS standards.
Failure to have the above components available and complete could result in a Notice of Violation or other
enforcement actions. Also, remember that waste applications should be made during the time the crop can utilize the
nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting.
If you have any questions concerning this matter, 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: File
Clyde Thomas
vmm
*A
NMMR
Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE [phone]
1 800 623-7748 FAX [phone]

• Facility Number- — Date of Inspection 0 Printed on; 7/21/2000
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage. etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure 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 maintenance/improvement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement'? []Yes ❑No
9. Do any stuctures lack adequate, gauged markers with required maximum and mi imutn liquid level
elevation markings'? Yes ❑ No
Waste Ap lteatlon3
10. Are there any buffers that need maintenance/imprve en ? ❑ Yes ❑ No
11, Is there evidence of over application'? ❑ Excessive Ponding ❑ PAN S•Hydraulic Overload ❑Yes ❑ No
l2. Crop type trJ
13. Do the receiving crops differ with those designated in the Certified Animal Waste Managem nt Plan (CAWMP '? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application'? C),,� , Iiia ElYes b91 No
b) Does the facility need a wettable acre determination? [:]Yes ❑ No
r
c) This facility is pended for a wettable acre determination? 1� ❑ Yes ❑ Na
15. Does the receiving crop need improvement" vo�
! ❑ Yes ❑ No
16. Is there a lack of adequate waste application equipment'?
❑ Yes ❑ No
Required Records & Doctiments
17. Fail to have Certificate of Coverage & General Permit readily available'?
❑ Yes ❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available"
(ie/ WUP, checklists, design. maps, etc.)
❑ Yes ❑ No
¢i /0
19. Does record keeping need improvement'? (ie/ irrigation, freeboard, waste an lysis &soil sample reports)
❑ Yes ❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes ❑ No
21. Did the facility fail to have a actively certified operator in charge'? r
❑ Yes ❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit'?
(ie/ discharge. freeboard problems. over application)
❑ Yes ❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative"
❑ Yes ❑ No
24. Does facility require a follow-up visit by same agency'?
❑ Yes ❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ❑ No
Nd vh).1hadds.oi' difflciene' tes •mere noted• iiu frig this visit: • Y:oi>E Will. -t eeive tib further
' corres• oridei 'e:about this :visit ......... ......................... • :
..
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
t06 -VI -7, I C�e 6 r I e t' "/ 1 00 f C 4e� - Cv_js �� 9-a es;;�
�
Y<s" k yid
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W 46 fG re— t J k 2 a -It) , �Yk y1c
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date: 5100

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• Facility Number: — DUtC of Inspection Printed on: 7/21/2000
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge UL/or helow E]Yes ❑ No
liquid level of lagoon or storage pond with no agitation'?
27. Are there any dead animals not disposed of properly within 24 hours'? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application'? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover'? ❑ Yes ❑ No
Additional Comments an orDrawings:
2V
31lVo g R 1
ecru r� s� a uJ
�w 131 /as o �, f-•.�i� Z. v�
5100

Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit ©Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 49 93 Date or Visit: 8/3U/20110 'Time: lla5 Printed on: 10/14/2000
O Not Operational Q Below Threshold
Permitted Certified Conditionally Certified Registered Date Last Operated or Above Threshold; .........................
FarmName: ..................................................... County: b-cshell................................................ MRQ...........
Owner Name: Cu.'& ....................................... ThAt as.................................. . Phone No: (7.04)..S..76.743A7.........................................................
FacilityContact: ..............................................................................Title:................................................................ Phone No:...................................................
Mailing Address: 7. 4..OjiA1.; I? ............................ ?aUI1. C............................... ... 20669.9449..
...........................................................................................
OnsiteRepresentative: ........................................................................................................... Integrator:......................................................................................
Certified Operator: ................................................... ............................................................. Operator Certification Number:..........................................
Location of Farm:
Mt. Bethel Rd (SR 2136),2 miles on the right off of US 21 south of Harmony +
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude • Longitude •
1. 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 Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system! (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier: ..........................................................................................................................................................................................
Freeboard (inches): 48
5/00
❑ Yes ® No
Structure 6
Continued on back
Design Current
DSO Current
Design Current
Swine Ca acit Po ulation
Poultry
Ca acit P,o ulation Cattle
Ca acit P,o ulation
Feeder
❑Layer
�DDairy
100 100
Finish
❑ Non -Layer
Non -Dairy
o Wean
NFertotc
o Feeder
❑Other
o Finish
Ttl Desgn Capacity
100
Total SSLW
140,000
1. 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 Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system! (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier: ..........................................................................................................................................................................................
Freeboard (inches): 48
5/00
❑ Yes ® No
Structure 6
Continued on back

'n ii.. .. .,.._. . . _ . .
Facility Number: 44-93 Dale of Inspection 8/30/2000 Printed on: 10/10/2000
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure 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 maintenance/improvement? ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings`? ® Yes ❑ No
10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement? ❑ Yes ❑ No
16. Is there a lack of adequate waste application equipment?
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? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/inspector fail to discuss review/inspection with on-site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ® No
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
�Vo yiolattio . . .deficiencies were :>;.. . during >this visit: will . . . . e no ftirtheti• ;
: co r:res ondeit a about this:visit::::::::::::::::::::::::::::::: :
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility, to better explain situations. (use additional pages as necessary/):
# 7,8 Facility is not certified to date and still has not completed the runoff controls needed to get certified. Need to complete the work
required and contact Larry Hendrix as soon as its completed to get certified.
9 The max. liquid marker was not visible, may have one but weeds need to be cut down to the max. liquid level to see.
# 18. Need to have the waste utilization plan, certification, application records, soil analysis, and waste analysis on site for review.
# 21. Need to retake the certified operators exam as soon as possible and 1 would suggest getting someone who is currently certified to
be operator in charge until the certification can be obtained.
23. Mr. Mitchell was not on site during the review. Was not able to locate the WUP, application records, etc. to answer questions left
blank. Let me know if you would like me to do a follow up visit to check you records or verify any of the above. Cont. P. 3
ReviewerlInspector Name 'Rocky;Durham
Reviewer/Inspector Signature: Date: 5100

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
Clyde Thomas
Robert Mitchell Dairy Faun
734 Olin Loop
Olin NC 28660-9449
Dear Clyde Thomas:
1IT MQ'Mm?
•
. 2
NCDENR
NORTH -CAROLINA DEPARTMENT OF
ENVIRONMENT AND NffqRhFWRCE5
December 30, 1999
�.t�s'l#. Os• lil`!iABl.�tir l� ".ir fin+'.(��
�� c�►�:i: it�fiiPs'i�� ��y�
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 49-93
Ire -dell County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRYI, DRY2, DRY3, SLUR), SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
cc: Mooresville Regional Office
lredell County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
An Equal Opportunity Affirmative Action Employer
Sincerely,
Kerr T. Stevens, Director
Division of Water Quality
Telephone [phone] Fax [phone]
50% recycled/10% post -consumer paper

t i }• Division of Soil and Water Conservation -.Operation Review�^
t� E3 Division of Soil and'1�4'ate Il� onservation - Compliance Inspection
D Division of Water Qu flit -Compliance InspectidllORTH CAROLINA ,DEPARTMENT_,O
` �> ,A&At D Other Agency - Operation Review ENVIRONMENT AND NATURAL RESOURCE..
MBE%momptaint 0 Follow-up of DW2 ins ection 0 Follow-up of I)IMMAfiil~MIOlPtIREGIONAL OFFICE
Facility Number 49 93
Date of Inspection 11/3/1999
Time of Inspection 11:00 24 hr. (hh:mm)
Cei tified Q Conditionally Certified M Registered JE3 Not O erational Date Last Operated:
"8.18816 FiiN:
r n
W.0 ERNOR
Farm Name::,=R:db.c ;t.],!'1aiclie>A.D.airy.Em rm................................................................. County: JxRdRU ................................................ MR.0...........
Name: QLVjdj....................................... :JXLfRt>utti.S....................................................... Phone No- (7.0.4)..8.7.br..4,3Z7.........................................................
"b"iitact:r�...........................................................................'I'itle:................................................................ Phone No:...................................................
\RY
Address: 734..01ilx.L099 ....................................................................................... Ohn-NC ...................................................................
SOnu it , Re�i
W
Cct
Q LocatidnVof
Q
1a
RQttut.8'Ji r.b.dJ.................................. ........................ Integrator:..................
a�
tilde
" Design Current
5win c ' Canneity Pnnnlatinn
'� WCan�lpt r
Cj .weeder"[q T'riijkh
]?artb to Wplin
QTarron ttc"Fe der
❑Tarrowlt!F.in sh
UGilts i3
E9113oars 11 '7'
................ I ...... .,...... Operator Certification Number:..........................................
V5.21.sautth.aJ.JJaxit qux......................................................
kAd
Longitude =0 =, =11
Design Current Design ,�-4Current
Poultry Capacity Population Cattle Ca6ici Po ulation
❑ Layer I I I IN Dairy 100 110
❑ Non -Layer I ❑ Non -Dairy
❑ Other
Total Design Capacity 100
Total SSLW 140,000
11.: t
Numbe of Lagoons ❑Subsurface Drains Present 110Lagoon Area ❑Spray Fielcl Are►►
1HoldingIPo / Solid Traps 1 ❑ No Liquid Waste Management System
4 A, I `aj i impacts
-discharge-observed from any part of the operation?
charge originated at: [:]Lagoon ❑ Spray Field ❑ Other
a. li'discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State'? (if yes, notify DWQ)
c. li'discharge is observed, what is the estimated flow in gal/min?
57—
d. Does discharge b ass a lagoons stem'? If es, notif DWe.endiif past discharge from any part of the operation?
ttreran -a (verse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
1 ec�t's 'I'reatmenl
b ... V
4
8 `00 Are there any in
w
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes IN No
❑ Yes ® No
(freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ® No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
............... 0.....................................................................................................................................................................
tediate threats to the integrity of any of the structure�,y bsr4 yrg?4ic;4t Aev
, tj%p&V4jpVt, NORTH CAQ1XW2&& k;o
SeepaPlPIO 7�4-688-1 BSB FAX 704-6J6J9-6040
AN EQUAL OPPORTUNITY / APPIRMATIVB ACTION EMPLOYER - 80% RECYCLED/10% POST J'iturd emback
Printed on 10/10/2000

y�,Numbet49�93 Date of Inspection 11/3/1999
� es on-site which are not ro erl ddressed and/or mana ed th1l� t
P P � g q�tTF[a����� DEPARTMENT OF
ENVIRONMENT AND NATURAL REW(YFJR
r► i*� (If any of questions 4-6 was answered yes, and the situation poses an
DEARimmediate public health or environmental threat, notify DQpRESVILLE REGIONAL OFFICE
any of the structures need maintenancelimprovement? ❑ Yes ® No
nypart of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No
atvs lack adequate, gauged markers with required maximum and minimum liquid level
s.
naiktttgs? ❑ Yes ® No
arA%uffers that need maintenance/improvement? E] Yes ® No
vidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Yes ❑ No
type
differ with those designated in the Certified Animal Waste Management Pian (CAWMP)?
:y lack adequate acreage for land application?
Ly need a wettable acre determination?
pended for a wettable acre determination?
.g crop need improvement?
adequate waste application equipment?
ail` —S-Ka��e ►ficate of Coverage & General Permit readily available'?
ing the�f ►lit fail to have all components of the Certified Animal Waste Management Plan readily available?
'MWUF, checklists, design, maps, etc.)
IUes reed d kee ing neer! improvement? (ie/ irrigation, freeboard, waste analysis &soil sample reports)
cilityot iii compliance with any applicable setback criteria in effect at the time of design?
old the fa14
Ci�tyail to have a actively certified operator in charge?
ai to noti e'g�ional DWQ of emergency situations as required by General Permit?
Vie/ discharrgeyfreeboard problems, over application)
ii Revier/spector fail to discuss review/inspection with on-site representative?
ies facil• y:juire a follow-up visit by same agency?
Jere ae additionalp
roblems noted which cause noncompliance of the Certified AWMP?
*•�'-, - —
�: A W -or def 060 e$-WO'ebbted duritig:thig visit..'Vou:wiil tke ve-h6 fuith'et-
vrresoondence about this :visit.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
certified. Operator stated he had to buildup a junction box to get certified. The operator stated he was planning
get certified.
specialist( Larry Hendrix) by phone and he confirmed the above.
ication records. Operator stated that waste was applied to neighboring farmland. 1 informed the operator that
�g the waste he needed to be keeping application records, waste analysis, and soil samples. He stated the fields
ided in his WUP.
charge form to be sent in. Need to have operator card on hand for inspection.
r Name
Signature: AN EQUAL OPPORTUNITY / AFF/
- 5016 REhW4-''p/J0% PONT-CONSUMER PAEA '
Printed on 10/10/2000

Faclllt"y;Numbe: 49-93 bate of Inap ctin 1 11/3/1999
L..r
3 JW
Ey NORTH CAROLINA DEPARTMENT OF
harge pipe from the confinement building to the Stora
F PWAQMMI1 0l t6NRhM'WMWREjMq4R
lagoon or storage pond with no agitation? MOORESVILLE REGIONAL OFFICE
27� ret ere any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
8. '1 1 s t1!r'Apy"". evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, Yes
®Na
ow
roads, building structure, and/or public property)
2W1A 68 S. HUNT J1i,'-
Ela a`land,.ap"lication spray system intake not located near the liquid surface of the lagoon? ❑Yes ❑ No
30.. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
y'or broken fart bl de(s), inoperable shutters, etc.) ❑ Yes ® No
, l jranimalsOL
feed storage bins fail to have appropriate cover? ❑ Yes ® No
the fjushh tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
919 NORTH MAIN STREET, MOORESVI LLE, NORTH CAROLINA
281 /1
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POSTRI611�`xPIN

�'Wr
flJ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFIGE
DIVISION OF WATER QUALITY
June 25, 1999
Robert Mitchell
734 Olin Loop Rd.
Olin, NC 28660
Subject: DWQ Animal Waste Operations
Site Inspection Report
Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Dear Mr. Mitchell:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
May 18, 1999. In general the facility appeared to be in good shape. However, the
information in your files needs to be improved.
A copy of the SLUR -1 form must be maintained in your files for waste removed
from the storage pond. You should also obtain a signed agreement from Mr. Jeff Maness
regarding his fields that receive waste from your facility. It is suggested that Mr. Maness
also keep a record of the waste applications (form SLUR -2) for these fields.
A copy of the site diagram of your facility and a map of the waste application
fields in your ag cost share booklet should be prepared and kept with your farm
management plan. Also, a copy of your certification form, insect control, odor control,
and animal mortality checklists is needed for your files.
During many of Mr. Johnson's inspections he has noted that some farms are often
missing one or more components of the farm plan that should be available for review.
The following items must be available for review by the inspector during his inspection.
• Certification forms.
• Site Diagram: Fencing, streams, buffer zones, and feed areas must be shown.
• Waste Application records with accompanying waste analysis.
• Maps of acreage and irrigated fields.
• Waste Utilization plan: Tract/field number, usable/wettable acres (not
necessarily total acreage), list of crops, PAN required, and amount of waste
produced by livestock.
• Waste and Soil analysis info: Must have 3 years of data.
It is suggested that this be maintained in a single folder.
• Emergency Action Plan must be posted.
• Insect, Odor Control, and Mortality Checklists must be completed.
• Certified Operator renewal card.
919 NORTH MAIN STREET, MOORESV I LLE, NORTH CAROLINA 26115
PHONE 70A-663-1 699 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - ED% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Failure to have the above components available and complete could result in a
Notice of Violation or other enforcement actions. Also remember that waste applications
should be made during the time the crop can utilize the nutrients in the waste. In general
waste should be applied no earlier than 30 days prior to planting.
If you have any questions concerning this matter, please do not hesitate to contact
Mr. Johnson or me at [phone].
cc: File
Sincerely, el
a / ,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor

Division of Soil and,Wateri i onservahoa yOperation` Revietr,F r'E3 � IS '
_ t + '7
t )
y�1 i1 andlWaer Con,-,., onservatiCom Dins tl
•::':t a 3 s f �} - _ I. i'i; t
Division Of'"SO ance.;' pr pecon
i E ! y! 1;;;Division of Water (altty CDmpl�$tice Inspection. q,
"; i� 0ther Agency Operatro Revie
: . r, kSY . .i r+'= .E :. at :o, , i , •.i; n,$i 7 a,ii x i§, , -
Routine O Complaint 0 Follow -u of DWQ inspection 0 Follow -tip of DSWC review 0 Other
Facility Number Date of Inspection f ( ]--"
1"ime of Inspection 24 hr. (hh:mm)
Permitted [3 Certified ❑ Conditionally Certified [3 Registered [3 Not O erational Date Last Operated:
Farm Name: ...........c. ..... .T Gk(je- County:......-L� �: �`
Owner Name: j .... Phone No......� ..��.......... 3 Z
.......[ Cy. �............... p. iSl.lrj-.......................................................................................
Facility Contact: ....................................l.�...................................Tit/ Phone No: ...........................
Mailing Address: ...7.'�........Ol...... Lc]d � -Z!........./.."..C:............I......................2�� �C�.......
(........................................................................... ......
Onsite Representative: V' Integrator:
Certified Operator:.._...,..i�.Lt.�L ..................... �,(� ...... Operator Certification Number:
�- r ,. ��
cation of Farm:
de Longitude �•�� �«
Design CurrentDesign Current
P
g
vine ,,Afl ,.t,�. Cai}aeltV PODUIatIOn °t.' ;OI .]. ' ;, ,,-r anacity. PODulation-� ,Cackle
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts!
❑ Boars
❑Layer airy
❑ Non -Layer �� ❑ Non -Dairy
❑ Other
TOta�l De5IgI1 Cat}aClty.
a 1 ,E T6u&SSLW' `
Design Currei
Capacity TPOpuI4ti
Discharges & Stream Impacts
t. Is any discharge observed from any part of the operation? ❑ Yes S�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 Water of the State? (If ycs, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed. what is the estimated flow in gal/min?
d. Docs discharge bypass a lagoon s stern? (If es, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes PNo
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes �kNo
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? �5pillway ❑ Yes ` allo
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: qq,[
Freeboard(inches): ...............(!.. .......... ............................. ......................,.............. .............. I.........
5: Are there any immediate threats to the integrity of any of the structures observed? (tel trees, severe erosion, ❑ Ye sL❑ No
seepage, etc.)
3/23/99 Continued on hack

Facility Number: — Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed'? (ic/ trees, severe erosion, ❑Yes No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan'? ❑ Yes P.No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
J�ZNo
8. Does any pact 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 of dike, maximum and minimum
liquid level elevation markings?
❑ Yes
No
Waste Application
10. Are there any buffers that need tnainlcnancc/imprnverrrcnt?
❑ Yes
�LNa
11. Is there evidence of overapplication? ❑ Ponding ❑ Nitrogen
❑ Yes
-�4,No
12. Crop type . e ...... ........ a ..7T�.�r-...... r ...... ,n� .....l.s..........� ,c> c..........................................................................
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)
❑Yes
eNNo
15. Does the receiving crop need improvement?
❑ Yes
OCO
16. Is there a lack of adequate waste application equipment?
❑ Yes
2<0
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
M'es
❑ No
18, Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
A Yes
❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
ONo
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
('x No
2.1. Did the facility fail to have a certified operator in responsible charge?
❑ Yes
❑ No�
22. Fail to notify regional DWQ ofemergency situations as required by General Permit?
(ie/ discharge, Freeboard problems, over application)
❑ Yes
No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative'?
❑ Yes
No
24. Does facility require a follow-up visit by same agency?
❑ Yes
;allo
:: N:o.violations.or. def ciencies .were noted dot in .ttiis.visit:. �Iou �xill.re�eive na further...
eorrespottideb4ce' about' this visit: ....... . ' .......... ... .. . .. • • '
Cdinments (refer to question #): Explain any YES answers and/or any recommendationsor any co
' other mments
,...
Use.drawings of facilityto;better explain situations. (use additional pages as necessary):
l'✓ e 2e % 017 srt JM.S/L' C/T Gs�%i. S V' y i� k a� � ��'� tA. �i�15
at: -C- a P o�- `�i�. s �. ala � rc� �,►� '' �. -�'t alb try w P, fig
S I
, els-ej C'o v �� t Ocie r go,, �roccv►', neral l+►�D ,
Reviewer/Inspector Name
Ch&l" �— a", Vver- a'A q— t !e
Reviewer/inspector Signature: �(f�/q��,,,���, Date: �j f/,� 11/6/99

Of
State of North Carolina, nr co
w:ti:y t�IT
-X�F_VT,
Department of Environmgn—t�vi '`'•
and Natural Resources
Division of Water Quality APR i4g�
James B. Hunt, Jr., Govern%%jpK v fomm" 'sltt NCDENR
Wayne McDevitt, Secretary 't "t arm
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 18, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clyde Thomas
728 Mt. Bethel Rd
Harmony NC 28634
Subject: Special Agreement for
Farm No.: 49-93
Mitchell Dairy
Iredell County
Dear Clyde Thomas:
This is to inform you that this office has not yet received a completed certification form for
the subject facility's animal waste management system. Your Special Agreement with the
Environmental Management Commission (EMC) required you to obtain and implement a
Certified Animal Waste Management Plan (CAWMP) for the subject facility by December 31,
1998.
If you have obtained and implemented a CAWMP and have mailed the completed
certification to the Division of Water Quality (DWQ), please contact Ms. Sonya Avant at (919)
733-5083 ext. 571 for assistance. If you have not submitted a CAWMP certification form to the
DWQ, please do so within 60 (sixty) days of your receipt of this letter. Please mail your
completed certification form to the attention of "Shannon Langley" at the letterhead address.
As of the date of this letter, in accordance with the terms of the Special Agreement you
entered into with the EMC, the stipulated penalties due total $35,700.00. This amount increases
by $500.00 everyday. In addition to a completed certification form, please also submit, in
writing, your reasons for noncompliance with the terms of your Special Agreement with the
EMC. I will review these responses in determining whether to require full, partial or no payment
of the above mentioned penalties. Further, please be advised that failure to submit a complete
and acceptable certification of the subject facility's animal waste management plan within 60
(sixty) days of your receipt of this letter will result in my referring this matter to the Attorney
General's Office for further action in Superior Court. Any action taken by the Attorney
General's Office will not absolve you of stipulated penalties for noncompliance with your
Special Agreement.
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

Of
Clyde Thomas
Facility Number: 49-93
March 18, 1999
Page 2
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with the State of North Carolina's Environmental
Laws and Regulations. Thank you for your immediate attention to this issue. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our
staff at [phone] ext. 581 or Mr. Steve Lewis at [phone] ext. 539.
cc: Regional Water Quality Supervisor - MRO
Shannon Langley/Special Agreement Files
Central Files
Sincerely,
Kerr T. Stevens

facility Number 49 93 Date of inspection 6/17/1999
Time of Inspection T:00 24 hr. (hh:mm)
[� Permitted ® Certified p Conditionally Certified [3 Registered JE3 Not O erational Date Last Operated:
Farm Name: &b.er1.M11cht;11DzitUXAtrxt1 ............................................................ .. County: Lt,&H................................................ M.R.0 ...........
Owner Name: Clyde ...................................... TIMMUS ...................................................... Phone No: (7.0.41.876A 322
Facility Contact: ...............................................
Mailing Address: 7.3.4-01ilqUop...........................
Onsite Representative: RQh9jr1 lA4lClUf L..........
Certified Operator: .....................................
Location of Farm:
.... Title: ................................................................ Phone No:.........................................
........................................... Olin -NC ................................................................... 26.660--9.449..
........................................... Integrator: ........................................................................
..............
........................................... Operator Certification Number:..................................
...................................................................................................................................................................................................................................................................... i
�t,.elfxcLlid.LSLi.I]��.iL�.Qzt.xLtt:.�rl�Ix.Ql1�..T,1.1.scuttle.a>.Lis�arrta�tx........................................................................................................
Latitude ' 1 16 Longitude ' 6 66
Discharges K Strwain Impacts
1. 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'?
El Yes ❑ No
b. if discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min`?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ® No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard(inches) $4......................................................................................................................
.............................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes ® No
seepage, etc.)
3123199 Continued on back
Printed on 10/10/2000

1
Facility Number: 49-93 Date of Inspection
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4.6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenancelimprovement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenancelimprovement`?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type None
6/17/1999
corres oridence about this :visit.: : :::: : :.:: : : :: : :: ::: : :: : : :
❑ Yes
® No
❑ Yes
® No
❑ Yes
®No
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ® No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre determination? ❑ Yes ® No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records _& Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
0: No•violatioris:ox def ciencies •.were :noted Oiulrittg•th�is, OW.:You:will Nceive-nOA(r.th'e>. . .
corres oridence about this :visit.: : :::: : :.:: : : :: : :: ::: : :: : : :
Comments (refer to question U Explain any YES answers andlor any recommendations or any other comments,
Use drawings of facility to better explain situations. (use additional pages as necessary):
--Vegetation on inside on storage pond embankments needs to be addressed.
AL
--A copy of the SLUR -1 should be kept in your files. The amount, date, of application is needed. (Waste applied to another farm)
Mr. Mitchell was asked to note the fields he uses for waste application and make a note of that in his plan. Including signature from
Jeff Maness (land owner).
--Place a copy of the site diagram in the file along with the map found in the cost share notebook.
--Certification form is needed for your files.
--Insect control, odor control, and animal mortality checklist are needed for file
---Farm is certified for 150 animals
Reviewer/Inspector Name lAlan Johnson,
Reviewer/Inspector Signature: Date:
Printed on 10/10/2000

Facility Number: 49--93 Date til' Inspedion 6/17/1999
ui,-Q.r Ustio
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ® No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes IN No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ® No
rAd."d�tionali �ommentsTari ur�DrawEngs:
Printed on 10/10/2000
Printed on 10/10/2000

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
Attn: Clyde Thomas
Mitchell Dairy
728 Mt. Bethel Rd
Harmony NC 28634
Dear Clyde Thomas:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 4, 1999
JAN 7 1999
Subject: Special Agreement
Facility Number: 49-93
Mitchell Dairy
Iredell County
Attached for your records is a copy of the signed Special Agreement approved by the
Environmental Management Commission.
The terms and conditions of the Special Agreement are in full effect. If you have any
questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733-
5083, extension 581.
Sincerely,
A. Preston Howard, Jr.,
ATTACHMENTS
cc: M_RQ Regional -Office'
Iredell County Soil and Water Conservation District
Facility File
Central Files
Shannon Langley
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

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF IREDELL
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 49-93
CLYDE THOMAS
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Clyde Thomas, 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: 49-93
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: 49-93
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 Mitchell Dairy
s
Print ame of Owner
, Ah
SiRmIure of Owner
N.C. D": T.
ENV3, w"! .`_ _ . - �
Date 1911D
For the North Carolina Environmental Management Commission:
DatePVI—
Chairman of the Commission

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
r
DIVISION OF WATER QUALITY
' NC©ENR
November 9, 1998
JAMES B. HUNT JR.
Gov¢R"°R 6°y
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Mitchell
wArNe irtcoev,?Tt��-
(SECRETARY ('
728 Mt. Bethel Rd.
7!�dr
Harmony NC 28634
4 aT
S'
n , ` ..'•
Subject: Notice of Violation
Animal Operation Site Inspection
".
NCGS 143-215.1
Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Dear Mr. Mitchell:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
November 4, 1998. Based on the observations made during the inspection, this report
is being issued as a Notice of Violation
(NOV) due to the following:
=K •
The discharge from the junction box for the mills parlor waste. The discharge was
also noted during last year's compliance inspection. The problem causing the
discharge should be corrected immediately regardless of the time frame of your
certified farm plan implementation.
Information regarding waste removal from the storage pond was not available.
Because the waste is "given" away, a record of the amount and date the waste is
removed is required. You also need a Third Party Applicator agreement with the
person responsible for removing the waste from the pond.
A copy of your farm plan was not available. The records must be on site or
readily available at all times.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 291 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

V.
Page 2
For technical assistance please contact your local Soil and Water District
representative. If you have any questions concerning this matter, please do not
hesitate to contact Mr. Johnson or me at [phone].
cc: Gaston SWCD
F
Non -Discharge Compliance Unit
Clyde Thomas, owner
Regional Coordinator
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor

*:_, A?A
-NCDENR
JAMES B. HUNTJR.
GOVERNOR •i,, CERTIFIED MAIL
RETURN RECEIPT REQUESTED
`.
w. Robert Mitchell
E MGdEVIT7,y' `'. 728 Mt. Bethel Rd.
R6TARY •��"N, I•t
P 4 fir Harmony, NC 28634
Dear Mr. Mitchell:
-"
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 9, 1998
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1
Mitchell Dairy, Facility #: 49-93
Iredell County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
i November 4, 1998. Based on the observations made during the inspection, this report
_ is being issued as a Notice of Violation (NOV) due to the following:
•
• The discharge from the junction box for the milk parlor waste. The discharge was
also noted during last year's compliance inspection. The problem causing the
discharge should be corrected immediately regardless of the time frame of your
certified farm plan implementation.
w.;:�- ' `"may f:-+µ-t.��".�d,` •
�r
- •,:�•�� � 151,,E
Information regarding waste removal from the storage pond was not available.
Because the waste is "given" away, a record of the amount and date the waste is
removed is required. You also need a Third Party Applicator agreement with the
person responsible for removing the waste from the pond.
A copy of your farm plan was not available. The records must be on site or
readily available at all times.
91 9 NORTH MAIM STREET, MOORESVI LLE, NORTH CAROLINA 261 1 S
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/109,' POST -CONSUMER PAPER

Page 2
For technical assistance please contact your local Soil and Water District
representative. If you have any questions concerning this matter, please do not
hesitate to contact Mr. Johnson or me at [phone].
cc: Gaston SWCD
AJ
Non -Discharge Compliance Unit
Clyde Thomas, owner
Regional Coordinator
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor

❑ Division of Soil and Water Conservation ❑ Other Agency
j1pivision of Water Quality
10 Routine O Comntaint O Follow -un of DWO inspection O Follow -un of DSWC review O Other
Date of Inspection
Facility Number � 9 3 _�
Time of Inspection 24 hr. (hh:mm)
Registered [3Certified [/ Applied for Permit © Permitted0 Not O erational Date Last Operated:
Farm Name: 1114 /.�....... County:......... ............................................
Owner Name: [...1�4. �.... Jl7Q.................................
........... ... r. �.... ..,..q,, �7i�x.S............................................ Phone o r.!'�F� ... .. .
Facility Contact: ....i. ........./ c114d�.. .. Title ..........s�... Phone No .... �v.............................
MailingAddress:........ .. .�!%........... !.e .......e.,e..Pls d.........d.......................................................................................................... ..........................
Onsite Representative: ....... 41 . ..... 1117c ZeIJ ...................... Integrator:...................................
...................................................
Certified Operator;..&. _r.ark .....................ft.. ... t. k........................... Operator Certification Number,.... � .�j..` ............
Location of Farm:
LEV. ....... ..... 5......�.............. (n! ............ .... ... � ... �
. ..............
��-n ... a.......
t3. .............1� r uta � ...ca,� �.... Sn......... �x +..
N.(;., .........
Latitude Longitude
pest n Current h ,De"sign Current Desi n: <C, trent
g
�..
CapagttY:::Population s' I'oultrj ,-GaiaitvPopulatton;- .Cattle ;.'CapacttYPoUulation
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑Non -Layer
❑ Other
ter:
Total D
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes [XNo
2. Is any discharge observed from any part of the operation? )4 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 RNo
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) Yes ❑ 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 No
5. Does any part of the waste management system (other than lagoons/holding ponds) require �rYes ❑ No
mai ntenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes j(No
7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes [�,No
7/25/97

Faciljty Number: —
8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes Rio
'tructures (La2oons,ffoldine Pons Flush Pits etc.'
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes j4No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard(ft):...........A ............ :...................................... ................................... .............................. ..........................................................................
14. Is seepage observed from any of the structures? ❑ Yes 14 No
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes U No
12. Do any of the structures need maintenance/improvement? ❑ Yes 6No
(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? Yes ❑ No
Waste Application 111,4
14. Is there physical evidence of over application? ❑ Yes 59rNo
(If in excess of WMP, or runoff entering waters of the State,none DWQ)
15. P type...... .� )JC..........6�t t�f�f�1G4Y.......... ...........�..........................................
16. Do the receiving crops differ with those designateld in the Animal Waste Management Plan (AWMP)? ❑ 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
❑ No
19.
Is there a lack of available waste application equipment?
Yes
❑ No
20.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
21.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
❑ No
22.
Does record keeping need improvement?
Yes
•• ,,ll
❑ No
]Eor
Certified or Permittedl`� Facilities nl
23.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
Yes
❑ No
24.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
No
25.
Were any additional problems noted which cause noncompliance of the Permit?
❑ Yes
b�No
Q No.vialatiohs,or. deficiencies:were ho'ted-during this.visit.-You.rvill recei�e-ito-ftirther-
:: coerespi)We O atiouf this.yisit. ; . .. , . : .
I "tl r� l� its T�f Q(e l i C 0. kr_ CX I./+LC+ti� Vl e P�t t_� V VIAC tiC5 5
� r I✓'e-t4 df ✓a t LCirt S T� . i� �✓. %A "(&I (ZX L. K ep
Q 6recJrA prr� G cta�G civet vcy,,� o cJ'as e v`�v�dt�t�.
�Cr7t�� �5► r7 I�'Ot�vt y111 �G. r I a r MiL
?;pe) Tbe-
re- c.%.A�ri �) �rz, ytit�,
7125197
Reviewer/Inspector Name
Reviewer/Inspector Signature: - - b —/14 V-.— Date:

Facility Number 49 93 Date of Inspection 11/23/1998
I'ime or Inspection 10:15 24 hr. (hh:mm)
Registered Certified Applied for Permit Permitted IDNot Operational I Date Last Operated: ..........................
Farm Name: lY.[.'11;C1ACjj.L?,U1C3................................... County: Lredc1l................................................ MRQ...........
...................................................
Owner Name: C4dr....................................... TblRt M....................................................... Phone No: 7.9.4-54b-.7.89.0.....................
Facility Contact: ............................
Title:
Phone No:
Mailing Address: 7U..M1,..091hd.Rd.................................................... .......... UarmQuy.N.C.............................. NON ................ ..........................
Onsite Representative: RobatMAdmil,,,,,,., „ Integrator: ..............
Certified Operator: Raba.t.A............................... iY.1whell........................................... Operator Certification Number:219.48 .............................
Location of Farm:
1 tti�exttei id.�Sli.�il b}. 2.xtxi�es.a�a,xbte.rAlyl►1. .A�.L1; . .SauttJ<t.aC.kla�r a>ax..........................................................................................................
.............................................................................................................................................................................................................................................................................
Latitude • ° « Longitude • L °'
Design Current
Swine Capacity Population
❑ Wean to Feeder
Poultry
❑Layer
Design Current
Capacity Population Cattle
®Dairy
Design Current
Capacity Population
135 100
❑Feeder to Finish
❑Non -Layer
❑Other
❑Non -Dairy
Total Design C►specify
135
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ BoarsTofaM1=89,000
® No
1. Are there any buffers that need maintenance/improvement? ® Yes ❑ No
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?
b. If discharge is observed, did it reach Surface Water'? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system`? (if yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were 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
mainten anceli mprovement?
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?
7125197
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes
❑ No
® Yes
❑ No
❑ Yes
® No
® Yes
❑ No
❑ Yes
® No
❑ Yes
® No
Continued on back

r
Facility Number: 49-93 Date of Inspection 11/23/1998
S. Are there lagoons or storage ponds on site which need to be properly closed?
❑ Yes ® No
9. 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(ft): ............... 7AQ.............. ....................................
10. Is seepage observed from any of the structures? ❑ Yes ® No
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ® No
12. Do any of the structures need maintenance/improvement? ❑ Yes ® No
(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? ® Yes ❑ No
14. Is there physical evidence of over application? ❑ Yes ® No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type .........................NIA.,..................................................................................................................................................................................................•
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ 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 ® No
19. Is there a lack of available waste application equipment? ® Yes ❑ No
20. Does facility require a follow-up visit by same agency? ❑ Yes ® No
21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ® No
22. Does record keeping need improvement? ® Yes ❑ No
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No
24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No
0•. No:violations-or. deficiiencies:weire noted dtiritig:this visit.; -Y664ill receive'hoAi ther: -
correspondence: about this visit:
Comments (refer to question #): Explain any YES answers anchor any recommendatlons or any other comments.
C}se drawings of facility to better explain situations. (use additional pages as necessary):
#1 Owner has diversions and grass buffers to be constructed per certification.
i
3 There is evidence of past discharge at junction box on milking parlor pipe.
5 Junction boxes need to be constructed with lids per certification.
13 Max liquid level marker needs to be installed per certification.
19 Owner has third party take waste and utilize on their land. Need to have third party agreement.
22 Need to keep record of date and amount of waste removed by third party.
Reviewer/Inspector Name !Rocky.D. Durham
Reviewer/]nspector Signature: Date:

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
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
J(Lo
A001 -ft Assmuft
AIIII�MIIIII_ m
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ALI
MAR 13' 1998
OMM9 OF
I... ?;; i 1 NU
SUBJECT: Application for special agreement �_ a
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.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper,

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION ICOR A SPECIAL AGREEMENT
(INFORMATION RE UQ IRED FOR ANIMAL, OPERATIONS REQUESTING A SPECIAL AGREEMENT)
GENERAL INFORMATION:
1. Applicant (Owner of the Facility): ' omAS—
2. Facility No.: �z r
3. Facility �1/
Name: 1 t `�'fr�C:l &w
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
legally responsible for the facility and its compliance):
/I/--
5. Mailing Address: /,�, V
City LA7 State: Zip:����
Telephone No.:
6. County ,,where facility is located: /
7. Operation Type (Swine, Poultry, Cattle):
8. Application Date:''
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into -a special agreement with an operator who registered by
September 1, 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste 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 DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
FORM SPAG 1/98 Page l of 4

2. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summary must
include:
All contacts made with technical specialist
�. Dates and types of plans developed
C. Contracts signed
D. Funds expended —
C} Improvements made to the system 5gU•Ooj" PrA%,)
F. Animals removed and not retoacked at the facility
G. Other actions taken
AWO
FORM SPAG 1198
Page 2 of 4

11. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This roust include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
VAV
Applicant's Certification:
I. K //`1 Z& A. , attest this application for a Special Agreement
xvith the EMC has been reviewed by rme and is accurate and complete to the best of my
knowledge. I understand if all required parts of this application are not completed and if all
required supporting information and attachments -are not included, this application package will
be returned as incompaete. Furthermore, 1 attest .ley nay signature that I fu11Yundgstand that4
this facility is found to be ineligible to enter into a special agreement with the EMC nothing in
this document removes rmTresponsibility and liability for complying with all North Carolin
General Statutes_and Regulations. I understand -that the failure to meet any dates that are agreed
upon by myself and the ELIC will result in am)ronriate enforcement actions being taken by the
ENIC.
Date 3-
Signal re of Owner
FORM SPAG 1198 Page 3 of 4

i431��G-
State of North 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
Attn: Clyde Thomas
Mitchell Dairy
728 Mt. Bethel Road
Harmony, NC 28634
Dear Mr. Thomas:
D E N R
November 19, 1998'.
NOV P�,3 1998
SUBJECT: Acknowledgment receipt letter
_Civil Renalt- . sissment for Violation
Fa�i # 49-093
Case'No—.R-L-97=004
Iredell County
This letter is to acknowledge receipt of check No. 2490 in the amount of
$200.00 received from Clyde W. Thomas on November 19, 1998.
This payment satisfies in full the Civil Penalty levied against Mitchell Dairy.
This enforcement case has been closed. Payment of these penalties in no way precludes
further action by this Division for future violations of the State's environmental laws.
If you have any questions about this letter please call me at [phone], extension
WOO
Si
Non -Discharge Branch
SL/tw
cc: Moo er sville-Regionalz0ff ce,
Enforcement Files RL 97-004
Central Files
Chief
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

State of North Carolina
/S Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Clyde Thomas
728 Mt. Bethel Road
Harmony, NC 28634
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 25, 1998
RE: Request for Payment of Civil Penalty
File No. RL 97-004
Iredell County
Farm #: 49-93
Dear Mr. Thomas:
On March 9, 1998, the Director of the Division of Water Quality (DWQ) assessed a civil
penalty against you in the amount of $200.00 for failure to register an animal feedlot operation. No
payment has been received to date. This letter serves as final notice that unless payment is received
within thirty (30) calendar days of your receipt of this notice, DWQ will refer your case to the North
Carolina Attorney General's Office. The Attorney General will file a civil action in Superior Court
to recover the amount due.
Please make payment within 30 days to avoid legal action. Should you have any questions,
please contact Shannon Langley at [phone] ext. 581 or Steve Lewis at [phone] ext.
539.
Sincerely,
,fa/0ennis R. Ramsey, P.E., Assistant Chief
Non -Discharge Branch
cc: " DWQ-M66resville_Regional Office
Shannon Langley
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

Farm NumCr-.49-93
Special Ag
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 Mitchell Dairy
3 11/,4
Pru1t ame of Owner
,-)A
6 zkJ4,
Simgure of Owner
Is
ENV„ n-
Date D
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission
CL

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
Clyde Thomas
728 Mt. Bethel Rd
Harmony NC 28634
Dear Clyde Thomas:
I ILF!WA
T
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
N -r_ Vv' ---r, (71
ZniWRC, -- - ,, . .
fid rQR. .
SEP J S 1998
�n,i_s�.i.1E a:s,aiiAt UFIiC£
Subject: Special Agreement
Certified Animal Waste Management Plan
Mitchell Dairy
Facility Number: 49-93
Iredell County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 10, 1998, the Environmental Management
Commission (EMC) proposed to enter into a special agreement with Clyde Thomas in order to
allow additional time for Clyde Thomas 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

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.
,61-
Attachment
Fr
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
MRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF IREDELL
IN THE MATTER OF }
SPECIAL AGREEMENT
FACILITY NUMBER: 49-93
CLYDE THOMAS
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Clyde Thomas, 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 September 30, 1998.

Farm Number: 49-93
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).
b. 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: 49-93
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 Mitchell 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
Clyde Thomas
728 Mt. Bethel Rd
Harmony NC 28634
Dear Clyde Thomas:
1 LT?WA
•
NCDENR
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RESOURCES
July 17, 1998
JUL 22 1995
'yY
Subject: Special Agreement
Certified Animal Waste Management Plan
Mitchell Dairy
Facility Number: 49-93
Iredell County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 10, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Clyde Thomas in order to allow
additional time for Clyde Thomas 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 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Atrwmative Action Employer 50% recycled/10% 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. 571or Ms. Sonya Avant at [phone] ext. 571.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF IREDELL
IN THE MATTER OF )
SPECIAL AGREEMENT
FACILITY NUMBER: 49-93
CLYDE THOMAS
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Clyde Thomas, 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 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 September 30, 1998.

Farm Number: 49-93
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 frilly 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: 49-93
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 Mitchell 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,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
d�na4)an B. Howes, Secretary
e„
Robert Mitchell
734 Olin Rd.
Olin, NC 28660
Dear Mr. Mitchell:
[DaHNF;Z
DIVISION OF WATER QUALITY
July 18,'.1997
Subject: DWQ Animal Waste Operations Site
Inspection Report
Mitchell Dairy
Iredell County, NC
A site inspection of your facility was conducted on July 14, 1997 by Mr. Alan Johnson of this
Office. In general the facility was in good shape. Enclosed you will find a form that needs to be filled
out to place your facility on the state register. Please send the form to the attention of Sue
Homewood. The address can be found at the bottom of the form. For information on certified
operator training, you need to contact Ken Vaughn of the Iredell County Extension Service.
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 [phone].
Sincerely,
ark:,
� D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc: Iredell County SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street,��� FAX [phone]
Mooresville, North Carolina 28115 C An Equal Qpportunity/Aifirmative Action Employer
Voice 704-663-1699; _,. _ 50% recycled/ 10% past -consumer paper

Routine O Complaint O Follow-uu of
Facility Number
;'ollow-up of DSWC review O Other
Date of Inspection 7 %
Time of Inspection EZ= 24 hr. (hh:mm)
Total Tinie (in fraction of hours
Farm Status: ElRegistered ElApplied for Permit (ez:1.25 for 1 hr .I5 min)) Spent on Review 0
❑ Certified ❑ Permitted I or Inspection includes travel andprocessing)
❑ Not Operational Date Last Operated :.....................................................................................................................................................
FarmName:..�.Q...�0.4.r ......11Y.4k. .Y.17C.:�............................................ County:......................................................................................
Land Owner Name:. .� �,... rrl/4!1............................................... Phone Nc�: ,�.� ....~...7.. *.........................................
Facility Conctact:....... 4.........i.i.�......................... Title:................................................ Phone No:...:�.�'� -"� �ad...........
I/,
MailingAddress: ...... .s3.... ...... 1�.(l.Y.l.........E~ ......... Y....f...!�... 1..........................W...............................................$... .............. r.3..............
Onsite Representative: ...... .&Q. ...... k_.. ... ��............................. Integrator:
CertifiedOperator: .................................................. .............................................................Operator Certification Number:..........................................
Location of Farm:
.................... t`YI. c...... ......fw. ..........., 4
5 �. K"
.��............................... . i.3 ..................................... �xrnc� ..s` �...�n .....f�.i . �......................... �y
Latitude 0 4 66 Longitude • 44
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes 0,No
2. Is any discharge observed from any part of the operation? ❑ Yes 0,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 'Vater'? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes %JZ(No
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes Ao
4/30/97 maintenance/improvement?
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?
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons and,/or HoldingJ!,iads)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4
3
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?
❑ Yes U' No
'Yes ❑ No
❑ Yes 1Z No
❑ Yes 0 No
Structure 5 Structure 6
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 Appliggtion *
14. Is there physical evidence of over application?
Of in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type { l � 7�-++t lrrld� �........................ ................
f� ...�1.........�.......0J.'
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
❑ Yes CYNo
❑ Yes KNo
❑ Yes J&Vo
)<Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
18. Does the receiving crop need improvement? ❑ Yes ❑ No
19. Is there a lack of available waste application equipment? $ZYes ❑ No
20. Does facility require a follow-up visit by same agency? ❑ Yes Wo
21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes '5 Vo
For Catified Eacilifig5 Only 1-1-14
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
1Comments (refer to question#) Explain any YS;answersand/or`any commendations" the' comments
.uieAdiawmgs„of facility to better explarq situations'.:.{use,additional:pages as necessary)A:m
iec'�i"Vx
1 1 .
. • ' � 1'hr !�' �`'"C �� rS �b7" oh �'Lt't- �a Imo- req �s�t� ,�..� ��
0:5 a. 14Lc- -TAek�
Reviewer/Inspector Name� 3 x _' 1 �4 i
Reviewer/Inspector Signature: �.” �� Date: �� 1
cc: Division of Water Quality, Water Quality Section, FaOlityyfssessment Unit 4/30/97

REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIONS
Department of Environment, Health and Natural Resources
Division of Environmental Management
Water Quality Section
If the animal waste management system for your feedlot operation is
designed to serve more than or equal to 100 head of cattle, 75
horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by
a liquid waste system, then this form must be filled out and mailed
by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be
deemed permitted by DEM. Please print clearly.
Farm Name:
Mailing Address:
ZIP
County: Phone No.
Owner(s) Name:
Managers) Name:
Lessee Name:
Farm Location (Be as specific as possible: road names, direction,
milepost, etc.):
Latitude/Longitude if known:
Design capacity of animal waste management system (Number and type
of confined animal (s) ) :
Average animal population on the farm (Number and type of animal (s)
raised) :
Year Production Began: ASCS Tract No.:
Type of Waste Management System Used:
Acres Available for Land Application of Waste:
Owner(s) Signature(s): DATE :
DATE:
L—o : 5-kC—
`D E H A! k - i)tJ c
aZq��i COVx

-JAN 29 '97 02:16FM P.c2
MAL IYASTE MANAGEMENT SYSIFM
OPERATOR IN CkIARGE.
DESIGNATION CORM
A.ND4AL WASTE MANAGEMENT .SYSTEM:
FadMT ID Number: County:
OPERATOR Ilii CHARGE
Home Making Address
City State _ _ __— Zip
Certificate # Social Security #
Work Phone Home Phone
Signature I Date
OWNER
Mailing Address city—
State Zip Telephone
Signature Date
*****************************�r4:******************************
Please Mail to: WPCSOCC
Division of Watex Quality
P. O. Box 29535
Raleigh, N.C. 276;,. X0535

i
V
rrl;,
State of North Carolina
Department of Environment, 1 �•r
Health and Natural Resources 1
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH dWFi d 7&N b&ARiMENT'QFa'7,
A. Preston Howard, Jr., P.E., Director ENVIRONMErir AND4NASCJRAL. RESOURCt E.,S
March 10, 1998
MAR t i9a
CERTIFIED MAIL
RETURN RECEIPT REQUESTED RIVENI
Flus t lii f f ' :�aL BMU
Clyde Thomas
728 Mt. Bethel Road
Harmony, NC 28634
SUBJECT: Notice of Violation
Assessment of Civil Penalties
Animal Waste Management System
Registration As Per 15A NCAC .0217(c).
Facility #: 49-093
Mitchell Dairy
Iredell County
97-004
Dear Mr. Thomas:
This letter transmits a civil penalty assessed against Clyde Thomas for failure to register an
animal feedlot operation in compliance with Title 15A of the North Carolina Administrative Code,
Chapter 2, Subchapter 2H, Section .0217 (c).
This assessment is based on the following facts: While the Registration Form for Animal
Feedlot Operations has been submitted, it was not received prior to the December 31 993
deadline. I conclude Clyde Thomas violated or failed to act in accordance with the requirements
of 15A NCAC 2H.0217 (c). Therefore, I hereby assess Clyde Thomas a $200.00 civil penalty for
this violation pursuant to G.S. 143-215.6A (h).
In reaching this decision to assess only $200.00, I have taken into consideration that the
registration form, while late, was voluntarily submitted. If you had been found operating without
being properly registered, a civil penalty of up to $10,000.00 could have been assessed.
Within thirty days of receipt of this notice, you must choose one of the three following
options concerning the civil penalty assessment:
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

44
Submit payment of the penalty:
Payment should be made directly to the Department of Environment, Health, and
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention on
Mr. 5teve W Te
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
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 and stipulation form and
a detailed statement which you believe establishes whether:
(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:
7
r. Steve W. Tedder
ater ua�ity Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
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

,1*
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
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
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. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard,
ATTACHMENTS
cc: Mooresville Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA EVVIR0NMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMP` tISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Nater Quality
dated, , 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.
This the day of , 19____.
ADDRESS
TELEPHONE
SIGNATURE

-'0
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
Clyde Thomas
Mitchell Dairy
728 Mt. Bethel Rd
Harmony NC 28634
Dear Clyde Thomas:
" NAA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsOURGEs
February 11, 1998
FEBop
nr 1998
DIVISION nr
Subject: Request for Status Update
Certified Animal Waste Management Plan
Mitchell Dairy
Facility Number: 49-93
Iredell County
1n accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Conunission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
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

Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is
below the threshold established in] 5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 svAne
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
VO. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised. of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/]0% post -consumer paper