900044_PERMIT FILE_20171231

Union County Lagoon Closures
Subject: Union County Lagoon Closures
From: "Ferguson, Mark - Monroe, NC" <[e-mail]>
Date: Tue, 22 May 2007 15:13.41 -0500
To: <[e-mail]>
James:
The closure of two lagoons in Union County will be beginning this week.
The owner is J Hilton Brooks and the facility numbers are 90-27 and
90-44. The contractor is moving his equipment in today and told me he
will start agitating later this week. I expect these closures to take a
couple of months since the contractor only has one 5000 gallon spreader.
If you have any question or need any further information please email or
call me (704-233-1621 x.3).
Mark
1 of 1 5/22/2007 4:41 PM

INV
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OF'FICE-
DIVISION OF WATER QUALITY
June 3, 1999
J. Hilton Brooks
3313 White Store Rd.
Wingate, NC 28174
Subject: Animal Operation Site Inspection
Notice of Violation
J. Hilton Brooks Farm, Facility #: 90-44
Union County, NC
Dear Mr. Brooks:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on April 7,
1999.. Based on the observations made during the inspection a Notice of Violation (NOV) was
issued. Please see the enclosed letter.
It was requested that a written response be submitted to this office by May 7, 1999,
indicating the actions taken regarding the deficiencies at your farm. It was also requested that
a technical specialist provide a documented evaluation of the seepage from the northwest side
of the lagoon dam. As of this date no response has been received. Please respond in writing by
June 17, 1999, and address your comments to the attention of Mr. Johnson. For technical
assistance please contact your local Soil and Water District representative or agricultural
extension agent.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Johnson or me at [phone].
cc: Compliance Enforcement Unit
AJ
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 261 t5
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFI RMATIV6 ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
A
ff

4-3
JAM86 B. HUNTJ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 12, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J. Hilton Brooks
3313 White Store Rd.
Wingate, NC 28174
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1 (a)
H. Brooks Farm, Facility #: 90-44
Union County, NC
Dear Mr. Brooks:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
=Y April 7, 1999. Based on the observations made during the inspection, this report is
being issued as a Notice of Violation (NOV) for failing to have available the waste
analysis and waste application records for review. In light of your deemed permitted
~: status, the noted deficiencies are a violation of North Carolina General Statute 143-
215.1 (a) and Administrative Code Section 15A NCAC 2H .0217(d).
Please understand that, even though the facility was leased to Mr. Randall Morris,
as the owner you are ultimately responsible for any problems that may occur. Also
noted during the inspection was what appeared to be some seepage from the northwest
side of the lagoon dam. Please have a technical specialist provide an evaluation
(documented) of this potential problem. Finally, it was noted that the lagoon was at its
"maximum" level and needs to be pumped.
It is requested that a written response be submitted to this office by May 7, 1998,
indicating the action taken regarding the noted deficiencies. In responding, please
address your comments to the attention of Mr. Johnson. For technical assistance
please contact your local Soil and Water District representative or agricultural
extension agent.
019 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 26115
PHONE [phone]BH FAX [phone]A0
AN EQUAL OPPORTUNITY /APPIRMATIVE ACTION EMPLOVER - SO% RECYCLED/109b' POST -CONSUMER PAPER

Page Two
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 items below must be available for review during the inspection.
• Certification forms.
• Site Diagram: Fencing, -buffer zones, feed areas.
• Waste Application records with accompanying waste analysis.
• Maps of acreage and irrigated fields.
• Waste Utilization plan:�Tractlfield 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: Should 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 that have been completed.
• Certified Operator renewal card.
Failure to have the above components available and completed could result in a
Notice of Violation or other enforcement actions. Also remember that waste
applications should be applied 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.
Because you are no longer in operation, you may request to have your facility
removed from the active list on the state register. A Request For Removal form was
left with Mr. David Brooks for you to sign should you decide to do so.
. 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: Rick Pigge, Union SWCD
Non -Discharge Compliance Unit
Regional Coordinator
[Ml

Draft - Revised January 20, 1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number'cZ
__�� Operation is flagged for a wettable
Farm Name: a L � acre determination due to failure of
On -Site Representative: 6s Part 11 eligibility item(s) F1 F2 F3 F4
Inspector/Reviewer's Name: rLs Operation not required to secure WA
determination at this time based on
Date ofsite.visit: ` = 7— exemption E1 E2 E3 E4
Date of most recent WUP:Zz�le Annual farm PAN deficit: 7 pounds
Irrigation System(s) - circle r: 1. hard -hose traveler; 2. center: pivot system; 3. linear -move system;
A- stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system wlportabfe pipe;
5. stationary gun system wlpermanent pipe; 7. stationary gun system wlportabfe pipe
r
PART 1. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.)
E1 Adequate irrigation design, including map depicting wettable acres, is complete
and signed by an I or PE.
E2 . Adequate D, and D2ID3 irrigation operating parameter sheets, including map
depicting wettable acres, is complete and signed by an 1 or PE_
E3 Adequate D, irrigation operating parameter sheet, including map depicting
wettable acres, is complete and signed by a WUP.
VX'E 4 75% rule exemption as verified in Part Ill. NOTE: 75 % exemption cannot by
P ( P
applied to farms that fail the eligibility checklist in Part 11. Complete eligibility
checklist, Part 1[ - F1 F2 F3, before completing computational table in Part 111),
PART II. 75% Rule Eligibility Checklist and Documentation of WA Determination
Requirements. WA Determination required because operation fails one of the eligibility
requirements listed below:
F1 Lack of acreage which resulted in over application of; wastewater (PAN) on spray-
field(s) according to farm's last two years of irrigation .records.
F2 Unblear, illegible, or lack of information/map.
F3 Obvious field limitations (numerous ditches; failure to deduct required
buffer/setback acreage; or 25% of total acreage identified in CAWMP includes
small, irregularly shaped fields - fields less than 5 acres for travelers or less than
2 acres for stationary sprinklers).
F4 WA determination required because CAWMP credits field(s)'s acreage in excess
of 75% of the respective field's total acreage as noted in table in Part 111.

Draf[ - Reviscd January ?Q, I999
Facility Number
Part lll. Field by Field Determination of 75% Exemption Rule for WA Determination
TRACT
NUMBER
FIELD
NUMBER '-2
TYPE OF
IRRIGATION
SYSTEM
TOTAL
ACRES
CAWMP
ACRES
FIELD
%
COMMENTS3
i
k
i
k
k
II
k
k
k
k
k
k
I
k
I
I
(
k k
I
� I
I
•I
FIELD NUMBER' - hvQ,-ant. Dull. zone- or point numbers may be used in place of field numhem denendinn nn CAVVMP
and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to
caiculate 75% field by field determination for exemption If possible; otherwise operation will be subject to WA
determination.
FIELD NUMBER2 - must be clearly delineated on map.
COMMENTS3 - back-up fields with CAWMP acreage exceeding 75% of its total acres Lnd_ having received less than 50%
of its annual PAN as documented in the farm's previous two years' (1997 & 999B) of irrigation records, cannot serve as the.
sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible
by irrication system.

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
Hilton Brooks
Hilton Brooks Farm # 1
3313 White Store Road
Wingate NC 29174
Dear Hilton Brooks:
i • �
NCDENR
NORTH CAROLINA DEPART4CW gpr
ENVIRONMENT AND NATUW4VTR��sHEALTK
& NATURAL RESOURCES
January 24, 2000 FEB
2000
11RISIGA OF FIVIRSMMEOIAI MAIIHEML11
MOORESVIIIE 11EGIIIIA1 OFFItf
Subject: Removal of Registration
Hilton Brooks Farm # 1
Facility Number 90-44
Union County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will subject you to a civil penalty up to $25,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits
listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals
to that level. Threshold numbers of animals are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry with a liquid wastes stem
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at [phone] ext 571.
Sincerely,
'1 X
/ Kerr T. Stevens, P.E.
cc: Mooresville Water Quality Regional Office
Union Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James S. Hunt, Jr., Governor
Randall Morris
411 Sandy Ridge Rd.
Monroe, NC 28 112
Dear Mr. Morris:
ie J�
9-M dW;IL
IDEHNR
DIVISION OF WATER QUALITY
August 13, 1997
Subject: DWQ Animal Waste Operations Site
Inspection Report
Morris Farm, Facility ': 90-44
Union County, NC
A site inspection of your facility was conducted on August I2, 1997 by Mr. Alan Johnson of
this Office. You need to obtain the proper farm plan pertaining to your facility. Also, the records of
waste application should include the amount of nitrogen and the volume of waste applied. You should
also discuss with Mr. Hilton Brooks whether the facilities you are leasing should be placed on the
state register in your name or remain in his name.
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
$ I0,000 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.: Union County SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street, v��C FAX [phone]
Mooresville, North Carolina 28115 An Equal FAX
Action Employer
Voice 704-663-1699 _ 50°ro recycled/10°ro post -consumer paper

z RZA
�y
ul- [3DSWC Animali 1-t Operation
'11 ;eview
±�� ��� �� NX�'�
° q Animal Feedlot1 it Site Inspection
+ l!'. �:s..r.-A;:..y��- s +..a4_..t���''.a� _� i7 �uY�`.��•.,j�'kr�7$d"�(C.,... i.�'c�:4a'4:?x� �'c+r' •.��t�..�:�.7c�'z. `�.ri-'
outlne p Complaint p Follow-up of DWQ Inspection p Follow-up of USWC review 0 Other
Date of Inspection
Facility Number
Time of Inspection 24 hr. (hh:mm)
Farm Status: ■ Registered 13 Applied for Permit
Certified p Permitted
[I
p i of operational Date Last Operated:
Farm Name: Randall Morris Farm
OwnerName:$aadall ..:..........:l."..'.:.atr............ -..........................................
Facility Contact:
Title:
County: Uniort......................................
PhoneNo: ..76.4.35:15....................................................................
Phone No:
Mailing Address: 41..1..i,andyRidge.Rn.ad................................................................... I!onrue..NC........................................................... ZU12 ..............
Onsite Representative:... ,h �.. ......YVNC1X..r—.L......................................... Integrator:.............................
Certified Operator. Randall..W........................... Harris .............................................. Operator Certification Number:19248 .............................
Location of Farm:
Latitude Longitude �w j �jc J—�ecFa'�'�,c,% RT- � y`f iY1a /ll Cry
�_J I - I sR /003
)e of Operation Design Current
Swine Capacity Population
❑ Wean to Feeder
p Feeder to mis I
❑ Farrow to Wean
® Farrow to Feeder i
Farrow to Finish
❑ Other
Design ; Current Design Current
Poultry Capacity Population Cattle Capacity Population
p Layer
❑ Non -Layer
Total Design Capacity 250
`Total SSLW 130,SMr
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
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 by 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
4130/97 maintenance/improvement?
❑ Yes0
❑ Yes Act 10
❑ Yes ❑ No
[]Yes p No
p Yes ❑ No
❑ Yes �N0
❑ Yes ( No
❑ Yes �o

7. Did the facility fail to have a certified operator in responsible charge? Yes kNo
6. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes No
Structures fLnZnnns andlor Holding. Pnnds)
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes o
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure S Structure 6
...................... ............ _............................................................................................... .-.......................... ...... ......................... ......
10. Is seepage observed from any of the structures? ❑ Yes N0
11. Is erosion, or any other threats to the integrity of anv of the structures observed? ❑ Yes (�t10
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)
I3. Do any of the structures lack adequate minimum or maximum liquid level markers? Yes ❑ No
Waste Application
14. Is there physical evidence of over application? O Yes I No
(If in excess of WIMP, or runoff entering waters of the State, notify DWQ) ``��
15. Crop type ..... 4.itlrl.............�r>>!1Gs.1....r
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWNIP)? XYes ❑ No
I7. Does the facility have a lack of adequate acreage for land application? ❑ Yes ;KNo
13. Does the receiving crop need improvement? p Yes tyNo
19. Is there a lack of available waste application equipment? Q Yes %P-Nio
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 j�� 0
F—or-Certified Facilities Qnly
22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? es p No
2=. Were any additional problems noted which cause noncompliance of the Certified AWNIP? j❑ Yes')�No
24. Does record [seeping need improvement? ReTes ❑ No
ReNiewer/Inspector Name
Resiewer/Inspector Signature: % Date:
cc: Division of Water Quality, fl'ater Quality Sectian,,'acllht r Assessment Unit
4.!30/97
acuLn• . umoer: 90_4 Date of Inspection

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B, Hunt, Jr., Governor
J. Hilton Brooks
3313 White Store Rd.
Wingate, NC 28174
Dear Mr. Brooks:
e��
[DEHHNF;Z
DMSION OF WATER QUALITY
August 20, 1997
Subject: DWQ Animal Waste Operations Site
Inspection Report
Brooks Farm #2, Facility #: 90-27
Union County, NC
A site inspection of your facility was conducted on August 14, 1997 by Mr. Alan Johnson of this
Office. It was noted that sudex was planted in your application field. Your certified plan specifies that
corn, wheat, and soybeans be utilized for waste applications. If you want to use sudex, or any other crop in
the future, please contact your technical specialist to have the plan modified. It was also observed that the
vegetation on the lagoon needs to be cut.
It is this Office's understanding that the farm is setup with Randall Morris and David Brooks as
the designated operators for facilities #1 and #2, respectively. Currently however, Mr. Morris (facility #1)
is on the register as a separate operation. This needs to be corrected. With that in mind, a form is enclosed
for you to update your registration. Include both the farrow -to -feeder and the feeder -to -finish operations
on this form. Also enclosed, is a designated operator form for you to add Mr. Morris' name as the back-up
operator.
Any further correspondence related to the subject inspection will be sent under separate cover.
Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day
per violation as well as criminal penalties for violations of state environmental laws and regulations. If
you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704)
663-1699.
Sincerely,
�o J z,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc: Union County SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street, �� FAX [phone]
Mooresville, North Carolina 28115 'Wf C An Equal opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/10% post -consumer paper

p Routine p Complaint p Follow-up of DWQ inspection p Follow-up of DSWC review p Other
Date of Inspection
Facility Number
Time of Inspection 24 hr. (hh:mm)
Farm Status: 13 Registered 13 Applied for Permit
■ Certified p Permitted
p Not Date Last Operated:
Farm Name: J. Hilton Brooks Farm #2
County: Union .................................................. MR.O...........
Owner Name: J..Hiitan................................ Brooks ........................................................ Phone No: 28.9 3z6:4.......... .`E?:..)................
FacilityContact:................'-'--........................----'-'---........................Title:................................................---'-----...... Phone No:.............---'-..................................
Mailing Address: 3.313..W.Stnre.Rd..........................................................................W.Wgate.NC........................................................... 2,8174............. :
Onsite Representative:
Integrator:.......................................................................................
Certified Operator:James.D. ............................... Braoks .............................................. Operator Certification Number:16,65ft.............................
Location of Farm:
:.................. Q:Qnrae.::rla�t:4:i}ct... it,tore;
.:, on,; ztte ,
..t .e.....................a::::::::::::::::::::•
T
Latitude ®�©� ®Li Longitude
Swine
ion ``'-'� `` Design :.+Current; Design Current Design :'Cunt nt'
Capacity;'Population �� Poultry Capacity Population Cattle Capacity ;Pop ulatfon'
p can to Feeder
® Feeder to •tins
J- U
❑ Farrow to Wean
❑ Farrow to ee er
❑ Farrow to Finish
p Other _ , W.......w.b
ayer =' ❑ Dairy
Non -Layer p on- auy
Total Design -,Capacity
. "Toth] SSLW78,300
vNumber of Lagoons�l,Holdeng Ponds , u sur ace rams resent Lagoon Area pray ie rea
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes )j No
2. Is any discharge observed from any part of the operation? ❑ Yes KNo
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/nun?
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 lagoonstholding ponds) require
413 f}197 maintenance/improvement?
❑ Yes ❑ No
❑ Yes �LNo
p Yes %No
❑ Yes xNo
Continued on back

7. Did the facility fail to have a certified operator in responsible charge? Yes Wo
8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes XNo
Structures (Lagoons and(or Holding Pondsl
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes I'No
Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
.............. ................................................................................................................................................................................................................
10. Is seepage observed from any of the structures? ❑ Yes &0
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? rt�Yes ❑ No
(If any of questions 9-12 was answered yes, and the situation poses an �'C
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
14. Is there physical evidence of over application? p Yes wNo
(If in excess of WMP, or runoff enten—ing waters of the State, notify DWQ)
15. Crop type .. .Q.y ..t..�r�.. .ec.-....I........ 5' 4t............................................. .....................
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 XNo
18. Does the receiving crop need improvement? ❑ Yes ;KNo
19. Is there a lack of available waste application equipment? ❑ Yes XNo
20. Does facility require a follow-up visit by same agency? ❑ Yes At( No
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes �KNo
For Certified Facilities QnI�
22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes X No
23. Were any additional problems noted which cause noncompliance of the Certified AWMP? []Yes g(No
24, Does record keeping need improvement? X Yes Cl No
IV I
Reviewer/Inspector Name .7 ,aR'u"'
e " y.:� c kd� v^ _ �'.,,p� y.t� J `.. { ?"`t�m*,A'
t� iv '—.rti ihS'x 97."r '3" s.e" .. ate- '+r 11.��" .t'' S•ti,_' 'r ;E}
Reviewer/Inspector Signature: Date: <2 — '!— `7
cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97
Facility Number: 90_4 Date of Inspection
Additional Comments and/or Drawings:'-:. _ d ,`e n ' Sa tm _i1 r C .: fi _•' .. `� .'' ". =_t� .. r

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
cf 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 far Land Application of Waste:
Owner (s) Signature (s) : DATE:
DATE

-J N 29 197 02".E.-
F.2/2
AMMAL ,}PASTE MANAGEMENT SYSIEM
OPERATOR IN CHARGE
DESIGNATION FORM
r
s
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: _ l�U :.2 7 ^ .. Coanty: Ct h i egt
OPERATOR IN CHARGE
Home Mailing Address
City state Zip
Certificate # Social security #
Work Phone dome Phone
Signature Date
OWItiER
Mailing Address City►
State Zip Telephone#
Signature Date
PIease Mail to: WPCSOCC
Division of water t Quality
P. O. Box 29535
Raleigh, N.C. 276E:.r4535

_�dl
*IV
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVIL LE REGIONAL OFFICE►
DIVISION OF WATER QUALITY
June 3, 1999
J. Hilton Brooks
3313 White Store Rd.
Wingate, NC 28174
Subject: Animal Operation Site Inspection
Notice of Violation
J. Hilton Brooks Farm, Facility #: 90-44
Union County, NC
Dear Mr. Brooks:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on April 7,
1999.. Based on the observations made during the inspection a Notice of Violation (NOV) was
issued. Please see the enclosed letter.
It was requested that a written response be submitted to this office by May 7, 1999,
indicating the actions taken regarding the deficiencies at your farm. It was also requested that
a technical specialist provide a documented evaluation of the seepage from the northwest side
of the lagoon dam. As of this date no response has been received. Please respond in writing by
June 17, 1999, and address your comments to the attention of Mr. Johnson. For technical
assistance please contact your local Soil and Water District representative or agricultural
extension agent.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Johnson or me at [phone].
cc: Compliance Enforcement Unit
F:111
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I0% POST -CONSUMER PAPER
A

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 12, 1999
RTIFIED MAIL
RETURNTRECEIPT EMUESTED
J. Hilton Brooks
3313 White Store Rd.
Wingate, NC 28174
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1 (a)
H. Brooks Farm, Facility #: 90-44
Union County, NC
Dear Mr. Brooks:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
April 7, 1999. Based on the observations made during the inspection, this report is
being issued as a Notice of Violation (NOV) for failing to have available the waste
analysis and waste application records for review. In light of your deemed permitted
status, the noted deficiencies are a violation of North Carolina General Statute 143-
215.1 (a) and Administrative Code Section 15A NCAC 2H .0217(d).
Please understand that, even though the facility was leased to Mr. Randall Morris,
as the owner you are ultimately responsible for any problems that may occur. Also
noted during the inspection was what appeared to be some seepage from the northwest
side of the lagoon dam. Please have a technical specialist provide an evaluation
(documented) of this potential problem. Finally, it was noted that the lagoon was at its
"maximum" level and needs to be pumped.
It is requested that a written response be submitted to this office by May 7, 1998,
indicating the action taken regarding the noted deficiencies. In responding, please
address your comments to the attention of Mr. Johnson. For technical assistance
please contact your local Soil and Water District representative or agricultural
extension agent.
81 8 NORTH MAIN STREET, MOORESVILLE, NORTH CA ROLINA 281 15
PHONE [phone] Goo FAX 704.COS-6040
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/109ay POST -CONSUMER PAPER

Page Two
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 items below must be available for review during the inspection.
• Certification forms.
• Site Diagram: Fencing, -buffer zones, feed areas.
• 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: Should 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 that have been completed.
• Certified Operator renewal card.
Failure to have the above components available and completed could result in a
Notice of Violation or other enforcement actions. Also remember that waste
applications should be applied 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.
Because you are no longer in operation, you may request to have your facility
removed from the active list on the state register. A Request For Removal form was
left with Mr. David Brooks for you to sign should you decide to do so.
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: Rick Pigge, Union SWCD
Non -Discharge Compliance Unit
Regional Coordinator
AJ

Draft - Revised January 20,1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number' -�- _� Operation is flagged for a wettable
Farm Name: d L acre determination due to failure of
On -Site Representative: 0S Part 11 eligibility item(s) F1 F2 F3 F4
InspectorlReviewer's Name: <_ Operation not required to secure .WA
determination at this time based on
Date of site visit„ 7— � 5 exemption, E1 E2 E3 E4
Date of most recent WUP: zz 1W Annual farm PAN deficit: pounds
Irrigation System(s) - circle #: 1. hard -hose traveler, 2. center -pivot °system; 3. linear -move system;
4. stationary sprinkler system w/permanent pipe; 5. stationary sprinklersystem wlportable pipe;
6. stationary gun system w/perrimanent pipe; 7. stationary gun system wlportable pipe
PART 1. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.)
El Adequate irrigation desion, including map depicting wettable acres, is complete
and signed by an 1 or PE.
E2 . Adequate D, and DZ/Dj irrigation operating parameter sheets, including map
depicting wettable acres, is complete and signed by an I or PE.
E3 Adequate D, Emgation operating parameter sheet, including map depicting
wettable acres, is complete and signed by a WUP.
1/ E4 75% rule exemption as verified in Part Ill. NOTE: 7b % exemption cannot be
P � P
applied to farms that fail the eligibility checklist in Part 11. Complete eligibility
checklist, Part 11- F1 F2 F3, before completing computational table in Part Ill).
PART 11. 75% Rule Eligibility Checklist and Documentation of WA Determination
Requirements. WA Determination required because operation fails one of the eligibility
requirements listed below: 1
F1 Lack of acreage which resulted in over application of wastewater (PAN) on spray
field(s) according to farm's last two years of irrigation records.
F2 Unclear, illegible, or lack of information/map.
F3 Obvious field limitations (numerous ditches; failure to deduct required
bufferisetback acreage; or 25% of total acreage idenified in CAWMP includes
small, irregularly shaped fields - fields less than a acres for travelers or less than
2 acres for stationary sprinklers).
F4 WA determination required because CAWMP credits feld(s)'s acreage in excess
of 75% of the respective field's total acreage as noted in table in Part Ill.

Draft - Rcvised January 2b, 1999
Facility Number -
Part III. Field by Field Determination of 75% Exemption Rule for WA Determination
TRACT
FIELD
R -2
TYPE OF
IRRIGATION
SYSTEM
TOTAL
CRES
pao
CAWMP
ACRES
FIELD
%
COMMENTS3
o
J
�
�
i
FIELD NUMBER' - hydrant, pull, zone, or point numbers may be used in place of field numbers depending on CAWMP
and type of irrigation system. if pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to
calculate 75% field by field determinaflon for exemption if possible; otherwise operation will be subject to WA
determination.
FIELD NUMBER2 - must be clearly delineated on map.
COMMENT53 - back-up fields with CAWMP acreage exceeding 75% of its total acres and having received less than 50%
of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the.
sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible
by irritation system.

[,Div'iston of Soil and Water Conservat:on''.•-:Operation
i
E:Division of Soil and,Water Conservation - Compliance
InspecttonE
:tyision of Water'Qualyty -•Compliance Inspection
` , � . y i
Other;A enc O e ration Revtew
0 ' Y-'
:.P
JJXRoutine 0 Complaint Q Follow-up of DWQ inspection Q Follow-up of DSIVC review Q Other
Facility Number Date of Inspection
Time of, Inspection ,24 hr. (hh:mm)
❑ Permitted Certified © Conditionally Certified © Registered JE3 Not Operational Date Last Operated:
Farm Name: ............ Tz.I..L.Tp .... L: �S.............. !�z. County:...! .�.LZ9 ........................
Owner Name: .........../% Phone Na: .. ........... .......... .............. '...4..
.....................................
Facility ClJI1ti1Ct: .....%c ....... Title: ...tr ........................ Phone No:..,..5..��............
Mailing Address: ,��.. S.rF.K.......� .. ..Ja.:e........ .... .......... V.. �!! `............................. ......It z.........
Onsite Representative ......... .«............ ..................................... Integrator: ............................................................ ...................
Certified Operator: ................................................... ............................................................. Operator Certification Number: ......................................... I
ion of Farm:
.................................................... . ..................................... .................................................................................................................... I ....................................
..................................................................... ........
Latitude' Longitude �• �' �<<
Design Current
Design Current Design Current
Swine Capacity Population
Poultry
Capacity Population Cattle Capacity Population
❑ Wean to Feeder
❑ Layer
❑ Dairy
❑ Feeder to Finish
JE1 Non -Layer
❑ Non -Dairy
❑ Farrow to Wean
Farrow to Feeder
JE1 Other
❑ Farrow to Finish
Total Design Capacity
❑ Gilts
❑ Boars
EEI
Total SSLW
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps 10 No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation (If yes, notify DWQ)?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made'?
b. II' discharge is observed. did it reach: ❑ Surface Waters ❑ Waters of the Slate
c. If discharge is observed. what is the estimated flow in gal/tnin?
d. Docs discharge bypass a lagoon system?
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts to the waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate'?
Structure I Structure 2 Structurc 3 Structure 4
❑ Yes No
r
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes WNo
❑ Yes JKNo
❑ Yes j�No
Structure 5 Stricture G l
Identifier:
Freeboard(inches): ............. ............. .................................... ................................... .................................... ........................................................................
1/6/99 Continued on back

Fagility Number: ••- Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, JN.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'? y ❑ Yes VT 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 XNo
8. Does any pact of the waste management system other than waste structures require maintenance/improvement? KYes ❑ No
9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and rninimum
liquid level elevation markings? ❑ Yes MNo
Waste Application
10. Are there any buffers that need maintenance/improvement'? ❑ Yes RLNo
11. Is there evidence of over application? ❑ Ponding ❑ Nitrogen ❑ Yes 11No
12. Crop type ��A;.�.G,1.;u�,
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes V1 No
14.
Does the facility lack wettable acreage for land application? (footprint)
19 Yes
❑ No
15.
Does the receiving crop need improvement'?
❑ Yes
M No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
XNo
Required
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
�,No
19.
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)
0 Yes
❑ No
20.
is facility not in compliance with any applicable setback criteria in effect at the time of design'?
❑ Yes
KNo
21.
Did the facility fail to have a certified operator in responsible charge?
0 Yes
❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ic/ discharge, freeboard problems, over applica(ion) ❑ Yes $�No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes KNo
24. Does facility require a follow-up visit by same agency`? ❑ Yes KNo
❑: N.o.vioaations or. deficiencies .were noted. during ahis.visit:. You will.receive nar further .:. :
eorrespoiidence' about• this ;visit:
Comments (refeir question #): � Explain any YES answers and/or any�recommendations or any other comments
Use drawtngs'of facility to better explain situations. (use additional pages as necessary)`: _ I
q,7 7rrt°4 Vewa 1 t1 1 Ca i O O,, t S �,,+ m Q 1C 4\%A ► ,t Q 1 i a w c,Ue. le"J —T-� ,%Lc Az I
f.,VKV,
l ` L ( {
5-) A)eeQ 4 4,t. i i Al . SP (? GG {�5 1 e�.let�kA C�� q�1� �i..�5 �U 6e, A
3e. Cy V o VA Ad -WL_," r a i dtt 0— 1 e"_Z) 0 o n t 1
s����� tt��©��d��r [cm �W.��t w�,ea�v-•ems we+e-�-- � ia+�. u>� �.j►�ti�.�.�-e�f�. 2
` 1G R i L t� GCQ L ► ,.,A s �Q Kai Y—'CJ�� �3 c I••+G1 �S % c)GS L [K �`t� rLb�Ca fl % LC7111 JID�
Reviewer/Inspector Name lY"! �`�� -
Reviewer/inspector Signature: Date: 7 f
7,9
1 /6/99

Facility Number: 0 — Date or lnspcction
7/25/97

RCDENR
JAMES B. Liu NTJR..
GOVERNOR
� 7WAYNE'MCDEv1T.T.;- j
CRETARY F' 3,
6. r
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL. OFFICE
DIVVISION OF WATER QUALITY
November 24, 1998
Randall Morris
411 Sandy Ridge Rd. W
Monroe, NC 28112
Subject: Site Inspection
R. Morris Farm, Facility #: 90-44
Union County, NC
Dear Mr. Morris:
Mr. Alan Johnson of this office has been asked on several occasions about the
appropriate time and proper method to take soil and waste samples. Also, during his
inspections, he has noticed that while the storage capacity may be adequate in the
storage pond/lagoon, in some cases it was not at the level set forth in the waste
utilization plan. Mr. Johnson has also noted that some animal operations using
hay/pasture systems do not appear to be properly managing the hay crop in the waste
application fields. This letter is to highlight some concerns and provide some
general guidance for the animal facilities regarding the management of the storage
pond/lagoon and waste application fields. For more specific/detailed information,
please contact your technical specialist or your local agricultural extension service.
Be advised that should a farm be found violating its farm plan and/or have an
unpermitted discharge, besides facing civil penalties, the facility could be required to
apply for an individual permit. Currently, most farms are operating under a general
permit.
Waste applications
Just as you manage the animals at your facility, proper management of the
waste (lagoon/storage pond level) is important. The waste must be pumped from the
ponds at the correct time and provide for maximum utilization of the nutrients by the
crop. Remember, waste application rates in your farm plan are based on agronomic
principles, and assumes,the waste will be applied when the nutrients are required
(e.g., applying waste to corn at tasseling or Bermuda grass in November is of little
use for the uptake of nitrogen). Also, the established application rate assumes that
the previous crop has been removed from the field.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 261 15
PHONE [phone] ess FAX [phone]
AN EQUAL OPPORTUNITY / AFRIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

a
Page 2
Grass and small grain crops ,gown for hay should be harvested in a timely manner. To
maximize nutrient uptake, as indicated in the waste utilization plan, and for highest quality, the
crop should be harvested at early boot stage (generally every 4 to 5 weeks). Small grain for
silage can be harvested in the soft dough stage when direct cut. Contact your agricultural
extension agent or technical specialist for proper guidance.
General „Recommendations for Nitrogen a;"A plication for Common Crops:
Small Grains: One-third (1/3) N at planting and remainder in late February or early
March.
• Corn/Sorghum: For facilities that pump and haul, N should be applied prior to planting.
For those facilities that irrigate, a split application with half at planting and the remainder
when the corn is 18 inches high.
Fescue/Orchardgrass: Apply one-half (1/2) of the N in mid -February to March and one-
half (1/2) in mid -August to September.
• Bermuda grass: Establishing: 30 to 40 lbs N/ac at planting and 30 to 60 lbs N/ac when
runners appear (6 -8 wk. after planting). Maintaining: 50 to 60 lbs N/ac in April and the
remainder of the recommended amount in equal increments in June and July or after each
cutting.
Finally, there have been instances where the amount of waste pumped (as shown in the
waste application records) from the lagoon/storage pond does not appear to agree with the
amount of waste produced by the animals. One would expect on an annual basis that the amount
pumped would be approximately equal to the amount being produced. For example, if a dairy is
generating 453,000 gal/yr in waste, then approximately 453,000 gallons of waste should be
accounted for in the waste application records over a year. However, there may be some
difference due to how low th'e storage pond was pumped, the number of cows being held in the
facility, or the amount of rainfall.
Soil analvsis (FREE)
Fifteen to twenty (15 to 20) soil samples per field (20 acres or less) is desirable. The
samples should be thoroughly mixed and sent in as one sample. Each sample should be pulled 4
inches deep for pastures and no -till systems and 8 inches deep for conventional tillage systems.
Taking samples during the fall is advisable. The state lab is not as busy at that time and
can provide a more timely turn around with the results. This is also a good time to apply lime if
recommended by the soil test. When liming is necessary, it is important that it be applied as
suggested. Maintaining proper soil pH is as important (if not more so) than fertilizing to
maximize crop production.

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

OF
Ne
=iuG ) 1-11998
MWSVJUL WAR QUE
• r-
f)
i

A"4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 10, 1998
JAMES B. HUNTJR. -
GOVERNOR CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WAYNE MCDEVITT •',
SECRETARY
.;�s
41'4�44
t
i
.. .y'• �.t •g�w.-+ • h.
Randall Morris
411 Sandy Ridge Rd. W
Monroe, NC 28112
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1 (a)
Hilton Brooks #1, Facility #: 90-44
Union County, NC
Dear Mr. Morris:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
August 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 deficiencies:
• Soil and waste analysis were not available.
• Your waste application records were not complete.
• The lack of an adequate pumping marker.
• . Excessive growth of vegetation on the lagoon embankments.
In light of your deemed permitted status, the noted deficiencies are a violation of
North Carolina General Statute 143-215.1 and Administrative Code Section 15A
NCAC 2H .0217 (d).
It is requested that a written response be submitted to this office by August 30,
1998, noting the actions taken to address the deficiencies mentioned above. In
responding, please address your comments to the attention of Mr. Johnson. For
technical assistance please contact your local Soil and Water District representative.
91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHomu 704-663-1609 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page Two
Be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this or any other violations. 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: Phil Loudermilk, Union SWCD
Hilton Brooks, owner
Non -Discharge Compliance Unit
Regional Coordinator
AJ

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Randall Morris
411 Sandy Ridge Rd. W
Monroe, NC 28112
Dear Mr. Morris:
AITIRX V-1 It
, 5�'r
& . A
E:)EHNR
DIVISION OF WATER QUALITY
September 15, 1997
Subject: Certification/Notice of Violations
R. Morris Farm, Facility #: 90-44
Union County, NC
The deadline for the certified waste management plan to be implemented is December 31, 1997,
and there will be no extension of the deadline. With this in mind, this letter will touch on some of the
general components and issues that are of concern during an inspection.
As a certified, or soon to be certified, farm your files at a minimum must contain the following
information, and need to be available for review during the inspection:
Certification forms
Site diagram - showing fencing, streams, buffer zones
Waste application records/forms
Maps of acreage and irrigated fields
Waste utilization plan
Waste and soil analysis records
Emergency action plan and mortality & odor control checklist
Regarding waste application records, all information should be recorded. This includes (but is
not limited to) the field used, total minutes waste was applied (if required), the amount of waste irrigated/
hauled, the amount of nitrogen applied and the crop nitrogen balance. The crops and fields that are being
utilized for waste application must be specified in the certified waste management plan. For those
facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does
not allow you the flexibility you need, contact a technical specialist to have the farm plan modified.
For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9
inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the
storage pondilagoon. If there is an emergency spillway/pipe, then the level must be maintained to
compensate for a 25 yr/24 hr storm. A pumping marker must also be installed. This may be a pipe or
other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 TeEephone 919-733-7015 FAX [phone]
An Equal Opportunity Affirmative Action Employer W% recycled/ 10% post -consumer paper

Page 2
The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may
be issued for the following instances, among others:
a) inadequate freeboard,
b) inadequate land for waste application,
c) application on an unapproved crop/acreage,
d) discharge of waste from lagoon/facility,
e) excessive vegetation on the sideslopes of a lagoon/pond, or
f) other minor deficiencies.
Examples of a deficiency would be the waste or soil analysis forms not being up to date or the
application records not being filled out properly.
Please note, failure to submit the certification form by December 31, 1997, does not exclude you
from the responsibility of maintaining your storage pond/lagoon Ievels and waste application records.
Also, please be advised that North Carolina General Statutes provide for penalties of up to $ I0,000 per
day per violation as well as criminal penalties for violations of state environmental laws and regulations.
If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me
at [phone].
Sincerely,
D4'ex�Aegiona�l
�
Water Quali Supervisor
cc: Union SWCD
Facility Assessment Unit
Regional Coordinator
GJ

NORTH CAROLINA DEPARTMENT OR
ENVIRONMENT AND NATURAL RESOURCES
•
MOORESVILLE REGIONAL OFFICE
XW
DIVISION OF WATER QUALITY
r NCDENR
August 10, 1998
.LAMES 13. HUNT JR. 'r
GOVERNOR i
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WA1N61M1CDEVI7,
Randall Morris
� .. SECRETARY ;" ` ; " 4•„".(.
411 Sandy Ridge Rd. W
M,yl rh - 'tt F r �•C
L >• .{:
Monroe, NC 28112
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1 (a)
k S ' .,
Hilton Brooks #1, Facility #: 90-44
,;f,,•
Union County, NC
p
. .; A
Dear Mr. Morris:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on
August 4, 1998. Based on the observations made during the inspection, this report is
*,�,q.Y=:
being issued as a Notice of Violation (NOV) due to the following deficiencies:
Soil and waste analysis were not available.
Y � �
• Your waste application records were not complete.
The lack of an adequate pumping marker.
Excessive growth of vegetation on the lagoon embankments.
In light of your deemed permitted status, the noted deficiencies are a violation of
North Carolina General Statute 143-215.1 and Administrative Code Section 15A
NCAC 2H .0217 (d).
It is requested that a written response be submitted to this office by August 30,
1998, noting the actions taken to address the deficiencies mentioned above. In
responding, please address your comments to the attention of Mr. Johnson. For
technical assistance please contact your local Soil and Water District representative.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA26115
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

�1
OK
Page Two
Be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this or any other violations. If you have any questions
concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704)
663-1699.
cc: Phil Loudermilk, Union SWCD
Hilton Brooks, owner
Non -Discharge Compliance Unit
Regional Coordinator
01
Sincerely,
,N
D. Rex Gleason, P.E.
Water Quality Regional Supervisor

Facility Number Date of Inspection 13.
Time of InspectionZfl24 hr. (hh:mm)
© Registered 4 Certified 0 Applied for Permit 13 Permitted 13 Not Operational Date Last Operated:
Farm Name: ....1. ..... .' !��...........' . /.. ...............................
Owner Name: ............ A. -I& ........... ........
................................
Facility Contact........... Sri C�.C�t�...... .... Titles:... .........................
Mailing Address:...... z1 ...... t.s'4vt.Z, ... ��[.r 5.� ....` .Ci .
/
....
Onsite Representative:..... `��.I•••..........drzTS............................
Certified Operator ;....... k4n. la.1/................'04; rtr 5..........................
Location of Farm:
County:............... iN;Li.#'>k..............................................
Phone No:.....7rP......��..................................
PhoneNo: ...................................................
Integrator:
Operator Certification Number ;......i.9... Z-� ....,,,.
-- - ------ -- --- --------
�.... ........... ./7 f S.� r............. ,.......... 0+...... ............... .75i ....... ...................
.� .... � .... � .........t.........0 n............A..3........ (.d�,?.� �.
Latitude �•©4 " Longitude ®• 4 "
[general
1. Are there any buffers that need maintenance/improvement? ❑ Yes RNo
2. Is any discharge observed from any part of the operation? 0 ❑ Yes [;?,No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gallmin?
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
t5No
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
❑ Yes
No
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes�'No
No
7. Did the facility fail to have a certified operator in responsible charge?
❑ Yes
7/25/97

Facility plumber: —
S. Are there lagoons or storage ponds on site which need to be properly closed?
❑ Yes �Aio
Structures (Lag_oons,11oldingPonds, Flush Pits, etc.)
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes No Pl
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
......................................................................................................................................................................... .....................................
Freeboard(ft):................................................................... ................ ...................................................... .................................... ....................................
10. Is seepage observed from any of the structures? ❑ Yes [2fNo
11, Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes Rio
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 structurts lack adequate minimum or maximum liquid level markers?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type .................... 6-�`.G.�i.�r
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?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Permitted Facilities Onlv
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
0 N 'violations or ddicient ies were noted -during this; visit.'.You:will receive n6ltirther
comesOOMeilce dhout this'visjt:
AYes ❑ No
Yes ❑ No
• [] Yes RNo
❑ Yes ;RNo
❑ Yes KNo
❑ Yes 5Q No
❑ Yes 5ZNo
❑ Yes No
❑ Yes No
Yes No
❑ Yes ANO
❑ Yes No
❑ Yes No
. /,�Cc &r. c,� N z C- S
11�9 1 vh �,rt &n o o � rlees tz, Ge_ CA. 7125197 .
Reviewer/Inspector Name
Reviewer/Inspector Signature: G�� _, ` s�---�+�-.�f%— 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
July 15, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Hilton Brooks
Hilton Brooks Farm # 1
3313 White Store Road
Wingate, N.C. 28174
A ffl:?';WAA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Nx". n 1�1-r. Or
JUL 17 1998
�;gi��tE IF"r;i?AL f
Subject: Farm Certification
Facility Number 90-44
Union County
Dear Mr. Brooks:
The Division of Water Quality has received your Animal Waste Management Plan
Certification Form. Upon reviewing your certification I have noticed several problems with the
certification.
1. The section dealing with runoff controls from exterior lots has not been signed. This
area needs to be signed by.a technical specialist with the appropriate designation.
2. The other problem is that an old certification form has been used. Two sections
dealing with Odor Control, Insect Control, Mortality Management and Emergency
Action Plan were added to the revised form.
Enclosed is a revised 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 60 days of receipt of 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

If you have any questions concerning this letter, please do not hesitate to call me at
[phone], extension 571 or contact your local Natural Resource Conservation Service.
Sincerely,
Sonya L. Avant
Environmental Engineer
Attachments
cc: [IViooresviIli- _Regional_OfiiceDivision_af_Water_Qualityl'
Union County Soil and Water Conservation District
Phil Loudermilk, Natural Resources Conservation Service — Monroe Field Office
Facility File

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
June 12, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Hilton Brooks
Randall Morris Farm
3313 Whife Store Rd.
Wingate NC 28174
J &I
a
l
X WMAA,
'ai
NCDENR
NORTH 0MOU" DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
11.1-a nt?: pr. r�=r
JUN 15 1998
M Nit Data
Subject: Second request for Status Update ,
Certified Animal Waste Management Plan
Randall Morris Farm
Facility Number: 90-44
Union County
Dear Hilton Brooks:
In 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.
In a letter dated February 20, 1998, received by you on March 23, 1998, this office advised you that we
had no record of having received the required Certification for the subject facility. Our letter further
requested that you provide this office with an explanation as to why this Certification was not submitted as
required. This explanation was due by April 22, 1998. To date we have received no response from you.
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 dune 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meat 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.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycledt10% post -consumer paper

Also attached is a form (Foam RR 2/98) that MUST be filled out if the facility is no longer in operation or is
below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H .0217(a)(1)(A).
Please respond within 10 days of your receipt of this letter and submit all responses to this matterto the
following address: "'
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to 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, Jr., P.E.
cc: Facility File — Non -Discharge ComplianceiUforcemcnt Unit
LD2LQRegional'Offcel
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/10 % post -consumer paper