010002_ENFORCEMENT_20171231

F wArF ''
_O�� 9QG Michael F.Easley
Governor
William G_Ross Jr.,Secretary
—i department of Environment and Natural Resources
Alan W.Klimek,P.E. Director
I - . Division of Water Quality
January 26, 2004
f N.C. D: ,-o'
MR. JOE JONES
A N 3 0 2004
PEIDMONT LIVESTOCK COMPANY INC Wi n 5 i or, a M
P O BOX 217
ALTAMAHAW NC 27202 ig 1 a ()-,-lice
SUBJECT: Acknowledgment Receipt Letter
File #PC 03-020
Farm# 1-5002
Alamance County
Dear Mr. Jones:
This letter is to acknowledge receipt of your check#7124 in the amount of$763.35,
received on January 22, 2004.
This payment satisfies in full the civil assessment in the amount of S763.35 levied against
Peidmont Livestock Co., 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.
f
Sincerely, /
.Fps Steve Lewis
Non-Discharge Compliance & Enforcement
SL:sw
cc: Winston Salem Regional Office
Enforcement/Compliance Files #PC 03-020
Central Files
NMERR
Customer Service: Mailing Address: Telephone[phone] Location:
1-877-623-6748 1617 Mail Service Center Fax[phone] 512 N.Salisbury St.
Raleigh,North Carolina 27699-1617 State Courier#52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50%recycled/10%post-consumer paper
httpL11h2o.enr,state.nc.us

RECEIVED
a ; � N.C. Dept, of EHNR
DEC 3 0 2003
Winston-Salem
State of North Carolina REP L Y'I� iMP Crawl�eyf#iGa
RRgtancis
ROY COOPER Department of Justice Environmental Division
ATTORNEY GENERAL P. O. BOX 629 [phone]
RALEIGH [phone]
27602-0629
December 29, 2003
Mr. Joe Jones CERTIFIED MAIL
Piedmont Livestock Company, Inc. RETURN RECEIPT REQUESTED
P.O. Box 217
Altamahaw,North Carolina 27202
RE: Assessment of Civil Penalties Against, Piedmont Livestock Co.,Inc.,
PC 03-020
Dear Mr. Jones:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of
this final agency decision by mailing a bank or certified check. The check should be made payable to the
Department of Environment and Natural Resources and the mailing envelope addressed as follows:
Mr. Shannon Langley\''1.X .-$t'�'
Water Quality Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If your company fails to pay the penalty within 30 days of receipt of the final decision document,
the Department will seek to collect the amount due through a civil action commenced in Superior Court.
Very truly yours,
icaJ .
cis W. Crawley
Special Deputy Attorney General
Commission Counsel
FWC/dk
Enclosure
cc: Steve Maunev
Jennie Hill
�j

STATE OF NORTH CAROLINA BEFORE THE
REMISSION COMMITTEE OF THE
COUNTY OF ALAMANCE ENVIRONMENTAL MANAGEMENT
COMMISSION
PC 03-020
IN THE MATTER OF: )
Assessment of Civil Penalties ) FINAL DECISION
Against )
PIEDMONT LIVESTOCK )
COMPANY, INC. )
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on 11 December 2003 upon recommendation of the Director of the Division of Water Quality
for entry of a final decision on the assessment of civil penalties and investigation costs against
Piedmont Livestock Company, Inc. in the amount of $763.35 ($500.00 plus $263.35
investigative costs). Piedmont Livestock Company, Inc.'s request to appear before the
Committee on Civil Penalty Remissions was denied by the Chairman; therefore Piedmont
Livestock Company, Inc.'s request for remission was presented to the Committee based upon its
written submissions and those of the Division of Water Quality.
Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and
(c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's
Findings and Decision and Assessment of Civil Penalties as stipulated by Piedmont Livestock
Company, Inc., that the Findings of Fact support the Conclusions of Law, and that the Director
properly applied the criteria set forth in N.C.G.S. §143B-282.1 in determining the amount of the
civil penalties. The Committee further finds that there are no grounds shown for remission or
reduction of the penalties assessed by the Director for violation of Condition No. M. 3. of

i
r
-2-
r Permits No. AWG100000 and AWG 20000 by failing to conduct a representative Standard Soil
Fertility Analysis on each application field receiving animal waste in 2002.
i
I
Upon duly made motion and vote, the Committee finds that the assessment of civil
penalties and costs in the amount of$763.35 ($500.00 civil penalty plus $263.35 investigation
costs) should be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of$763.35 against
Piedmont Livestock Company, Inc. is AFFIRMED.
2. That this Final Decision and Order be served upon Piedmont Livestock Company,
Inc. and upon receipt hereof, the amount of$763.35 be paid to the Department of Environment
and Natural Resources within thirty days. "
This the / - - day of December, 2003.
David ff Moreau, Chairman
Environmental Management Commission

S•
-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Joe Jones CERTIFIED MAIL
Piedmont Livestock Company, Inc. RETURN RECEIPT
P.O. Box 217
Altamahaw, N. C. 27202
Mr. Steve Mauney COURIER MAIL
Regional Supervisor
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem,N. C. 27107
This the 29 day of December, 2003.
ROY COOPER
Attorney General
L,' LIJ
rancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh,N.C. 27602-0629
919/716-6600

f
F ,NarF � o
0 �pG Michael F. Easley,Govemor
William G. Ross Jr.,Secretary
j r Department of Environment and Natural Resources
0 Y Alan W.Klimek,P.E., Director
Coleen H.Sullins,Deputy Director
Division of Water Quality
November 24, 2003
Mr. Joe Jones CERTIFIED MAIL
Piedmont Livestock Company, Inc. RETURN RECEIPT REQUESTED
P.O. Box 217
Altamahaw, NC 27202 r
RECEIVEb
SUBJECT: Request for Remission of Civil Penalty N.C. Dept. of EHNR
Pursuant to N.C.G.S. 143-215.6A(f) N 0V 2 6 2003
_ Farm# 1-5002
Alamance County Winston-Baler"
Case Number PC 03-020 Regional Off#
cs
Dear Mr. Jones:
A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee On Civil Penalty Remissions (the Committee) of the Environmental
Management Commission (EMC) on Thursday, December 11, 2003.
The EMC Chairman has considered the written record and determined that an oral
presentation is necessary. PIease come prepared to present your remission request at this
meeting. You will be allowed approximately five (5) minutes to speak. Please be
advised that the Committee cannot consider any information other than that submitted in
the original remission request.
4 q
X The EMC Chairman has considered the written record and determined that no oral
presentations will be made. You may attend this meeting, but you will not be permitted
to speak regarding your case.
Time and Location of Meeting
The Committee will convene immediately following the close of the regularly scheduled
business meeting of the Environmental Management Commission in the Ground Floor
Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see
enclosed directions). You should arrive no later than 11:00 a.m.
N E E KIR
Customer Service: Mailing Address: Telephone[phone] Location:
1-877.623.6748 1617 Mail Service Center Fax[phone] 512 N.Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier#52.01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
5046 recycled/1071.post-consumer paper
httpl/h2o.enr.state.nc.us

3
.l t
N
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda
of the day and the amount of discussion given to each topic--meetings often extend into the
early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in
order to ensure your opportunity to listen to consideration of your case in the event that the
Committee begins at its appointed time. If the Commission meeting runs Iong and you need
refreshment or food, Division of Water Quality staff can direct you to a cafeteria/snack bar that
is located on the basement floor of the Archdale Building or to other local restaurants.
If you have any questions concerning this matter, please call Steve Lewis of our Water Quality
Compliance/Enforcement Unit at [phone], extension 539.
Sincerely,
n�Alan W. Klimek, P.E.
enclosure
cc. Steve Teddar,Winston-Salem Regional Office
CMelissa.Rosebrock;WSRO
Enforcement File
Central Files

OF WArF9 • •
p Michael F. Easley,Governor G
y William G. Ross Jr.,Secretary
r Department of Environment and Natural Resources
--1
0 Alan W.Klimek,P.E., Director
Coleen H.Sullins, Deputy Director
Division of Water Quality
November 24, 2003
Mr. Joe Jones CERTIFIED MAIL
Piedmont Livestock Company, Inc. RETURN RECEIPT REQUESTED
P.O. Box 217
Altamahaw, NC 27202
N.C. Dept.of E
SUBJECT: Request for Remission of Civil Penalty NOV
Pursuant to N.C.G.S. 143-215.6A(f)
Farm# 1-5002
Alamance CountyQ° � = +
Case Number PC 03-020 9,2219ion l Oftics.,
Dear Mr. Jones:
A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee On Civil Penalty Remissions (the Committee) of the Environmental
Management Commission (EMC) on Thursday, December 11, 2003.
The EMC Chairman has considered the written record and determined that an oral
presentation is necessary. Please come prepared to present your remission request at this
meeting. You will be allowed approximately five (5) minutes to speak. Please be
advised that the Committee cannot consider any information other than that submitted in
the original remission request.
X The EMC Chairman has considered the written record and determined that no oral
presentations will be made. You may attend this meeting, but you will not be permitted
to speak regarding your case.
Time and Location. of Meeting
The Committee will convene immediately following the close of the regularly scheduled
business meeting of the Environmental Management Commission in the Ground Floor
Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see
enclosed directions). You should arrive no later than 11:00 a.m.
NCQERR
Customer Service: Mailing Address: Telephone[phone] Location:
1-877-623-6748 1617 Mail Service Center Fax[phone] 512 N. Salisbury St.
Raleigh,North Carolina 27699-1 6 1 7 State Courier#52-01.01 Raleigh, NC 27699-1 61 7
An Equal Opportunity/Affirmative Action Employer
50°o recycled/10%post-consumer paper
http✓/h2o.enr.state.nc.us

Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda
of the day and the amount of discussion given to each topic —meetings often extend into the
early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in
order to ensure your opportunity to listen to consideration of your case in the event that the
Committee begins at its appointed time. If the Commission meeting runs long and you need
refreshment or food, Division of Water Quality staff can direct you to a cafeteria/snack bar that
is located on the basement floor of the Archdale Building or to other local restaurants.
If you have any questions concerning this matter, please call Steve Lewis of our Water Quality
Compliance/Enforcement Unit at [phone], extension 539.
Sincerely,
Zee4�.c%
n�Alan W. Klimek, P.E_
enclosure
cc--Steve-TeddWr iWinston-Salem Regional Office
Melissa Rosebrock, WSRO
Enforcement File
Central Files

W
\NArE r� Michael F. Easley
O �' Governor
' (3. D William G. Ross Jr.,Secretary
OCT s 2003 Department of Environment and Natural Resources
! ' Alan W.Klimek, P.E.Director
` t Division of Water Quality
Coleen H.Sullins, Deputy Director
Division of Water Quality
October 6, 2003
Mr. Joe Jones CERTIFIED MAIL
Piedmont Livestock Company, Inc. RETURN RECEIPT REQUESTED
PO Box 217
Altamahaw, NC 27202
RE: Request for Remission of Civil Penalty
Piedmont Livestock
Farm# 1-5002
Alamance County
File No. PC 03-020
Dear Mr. Jones:
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$763.35.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Manaaement Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the_Department of
Environment and Natural Resources (DENR). Send the payment within thirty (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
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
NCDENR
Customer Service: Mailing Address: Telephone[phone] Location:
1-877-623-6748 1617 Mail Service Center Fax[phone] 512 N.Salisbury St.
Raleigh,North Carolina 27699-1 61 7 State Courier#52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50%recycled/10%post-ccnsumer paper
http://h2o.enr.state.rrc.us

�5
1 A
• s
Joe Jones
Page 2
October 1, 2003
If you ord our representative would like to sneak before the Committee you must complete
and return the attached form within thirty (30) days of receipt of this letter. Send the completed
form to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Steve Lewis at [phone] ext. 539 or Linda Fitzpatrick at [phone] ext. 526.
Sincerely,
"/
I 4 K&4��
AlanW.. Klliiimek, P.E.
AWK/scl
cc: Steve Mauney, WSRO Acting Regional Supervisor
Oe7lissa.RosebrocklWSR0
File #PC 03-020
Central Files

DWQ-- CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: PC 03-020 Region: WSRO County: Alamance
Assessed Entity: Piedmont Livestock Company,Inc.
{ ) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Notes: N/A
O Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes: No damage was documented.The facility requested remission of the penalty because the
facility stated that they obtained their soil samples in April 2002 and then alleged that those
samples were lost by the Cooperative Extension Agent in Alamance County.
A July 2002 Operational Review documents that the facility was reminded in writing that they
were still required to obtain soil analyses results for those fields receiving animal waste. The
inspection report also states that the operator was told they he may have to resample if the
samples were lost
O Whether the violation was inadvertent or a result of an accident;
Notes: The violation was caused by the failure of the certified operator to follow-through with the
permit requirement for annual soil testing of those fields receiving animal waste_ The operator and
owner were previously made aware of the need for annual soil testing through an NOV issued for
a 2001 failure to obtain soil analyses-
Whether
O Whether the violator had been assessed civil penalties for any previous violations;
Notes: No, the facility has not previously been assessed civil penalties by the Division.
( } Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Notes: Facility has already paid for their 2003 soil samples to be analyzed and has received the
results of those analyses.The payment of the civil penalty will not prevent the remedial action
(soil testing) from being performed.
Decision(Check one)/
Request Denied ✓ Full Remission Partial remission Amount remitted
aIt /03 M&I, 4"J4'
Date Alan Klimek, P.E.

r
oF wATFRQG Michael F.Easley
Governor
r William G.Ross Jr.,Secretary
4 Department of Environment and Natural Resources
p Alan W.Klimek,P.E. Director
Division of Water Quality
August 13, 2003
AtMIVED
Mr.Joe Jones N.C. Dept. of EHNA
Piedmont Livestock Company, Inc. AUG 4 1003
P.O. Box 217
Altamahaw, NC 27202
Winston-S41" 'ml
Regional Office.
RE: Remission Request
Alamance County
File# PC 03-020
Dear Mr. Jones:
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
October 1, 2003, 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,
Steve Lewis .
Non-Discharge Compliance & Enforcement
cc: (S:teve-Mauney;Winston-Salem Regional Supervisor w/attachment
Melissa Rosebrock, WSRO w/attachment
Central Files
File # PC 03-020 w/3 attachments
NCQENiR
Customer Service: Mailing Address: Telephone[phone] Location:
1-877-623.6748 1617 Mail Service Center Fax[phone] 512 N.Salisbury St_
Raleigh, North Carolina 27699-1617 State Courier#52-01.01 Raleigh, NC 27699-1617
An Equal Opportunity/Affimnative Action Employer
50%recycled/t0'e post-consumer paper
http✓/h2o.enr.state.nc.us

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ALAMANCE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADINUNISTRATIVE HEARING AND
PIEDMONT LIVESTOCK ) STIPULATION OF FACTS
COMPANY INC. AND/OR )
JOSEPH R. JONES Z
FILE NO. PC 03-020
Having been assessed civil penalties totaling $763.35 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated July 14. 2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of Pru C1 ugzL 20 D
SIGNAT
ADDRESS
To a ox a
,ao�0
TELEPHONE

Piedmont Livestock, Inc
PO Box 217
Altamahaw, NC 27202
Ph_ 336-584-3676
Toll 800-334-0819
Fax [phone]
Email.piedmontlivestock@earthlinknet
Date: July 30`h, 2003
To: Mr. Steve Lewis
DWQ
t
From: Piedmont Livestock
Joe Jones
Ak,�� �'�
Re: Written request for remission or mitigation
CC: Mr. Dan Oakley
NCDENR
I would like to submit a request for remission for the penalties assessed against
Piedmont Livestock, Inc. Our soil samples were given and handled by our County Extension
office on April 1', 2002. The waste analysis was received but the soil samples were misplaced
by our Extension Office. Enclosed is a letter that was sent to Mr. Steve Mauney explaining the
misplacement of the soil samples.
After the soil samples were taken, there was no other waste spread on the property in 2002.
Therefore, we felt that we could take samples in the spring of 2003 prior to waste application,
which would prevent any damage to the environment. Enclosed are the soil analysis that.were
taken in May 6th, 2003. As of July 30''', 2003 there has been no waste applied to the tracts
where the soil samples were taken.
In conclusion, your consideration of this request is appreciated and hope that a resolution
can be determined.

May-08-03 O7t37A Alamance , NC Cooperative 2 P.01
North Carolina Cooperative Extension Service
Namanm Comfy faaitcr
209 C N,6rafrsm-lt%ndale Road
Burlington,NC 7121
Triaphono:MG)y10.6740
F.-M.(736)571Z6149
tini. b"I lwww rm 11csa.Mula lamance
May s, 2003
Steve Mauuey
NC Division of Water Quality
Water Quality Scction
585 Waughtown Sc.
Winstat Salem NC 27107
Deur Mr. Mauney:
Michael Cox visited my office 04/07/03 with a 1Cttcr from you about soil sample
information not received. Ile asked that I writs: you a letter informing you that he
brought waste and soil samples to the Cooperative Extension Office.
I checked back in my daily lag anti found he did bring soil acid waste samples to our
office on 41112002. We sent the waste ,amples to the NCDA lab by way of the srate
courier syscertl. We do not send soil salripl" that way bcc ztusc of the casts invnlved.
Soil Nam files are taken to RaIeigh to the NCDA lab when ctn regent from our office goes
tit:lt w;ly, WI;C.1111101 tc:1l you for sure when his sarnpfes were t:.lken to the NCDA lab.
We do not keep a record of that.
Sincerely,
Rogcr N. Cubb
Extension Agent, Agricultural
RNC/jw
Liar$.%rr"r;.ed�xWun-N-13c rt)I40cy wr nfMrod tv au i--r % A MIA.cdtx.IV,t WAi airr.'n, A['jk nr iy-;4!U4ty Nnrth CarWtivi!�io,A Umwct::tv.
Noe,[.•:nr��na r131'yl:rt:r llrrNt:•iiV.tl!t 0f4mrtrtm—j a Aair.cdCvr[' J+rrt l;�l il7vc• •r r•�•t..1C�}q[lrerr.tl

..�runonuc Division 4300 Reedy Creek Road Raleigh,NC 27607-6465 919 733-2655 Report No: 30268
(;rower: Piedmont Livestock Copies to: till'CD
iftu rihmv, N( 27202
.�r.xx. la
Soil Rot)ort 1'11111:
5/16/03 SETVING N.C.CITIZENS FOR OVl?R 50 YEARS Alamance Count
Agronomist Comments: 1; •- 12
Field InfUr111illion Applied Lime Recommendations
Sumple No. Last Croft Mo Yr VA Crop or Year Lime N R05 K0 Alg Cu Zn B Aln See 11'ole
86 Fes/OG/IIIII'm 1st Crop: Fes/OG/t'im,M .5'1' 120-200 80-100 20.40 0 0 0 0 12
2nd Crop:
'Pest Results
Soil Class 1141% IV/V CLX BS`Y A pll P-1 K-1 Ca% Alg% Ain-1 Mn-AI(1)►11rr-M(2) Zn-1 Ztt-Al Cu-1 S-1 SS-1 N(l-N NIG-N Na
MIN 0.27 1.17 9.9 88.0 1.2 5.0 22 58 1/1,0 41.0 398 256 92 92 239 40 8 U.!
Field Information lied Lime Recommendations
Sample No. Iasi Croft A10 Yr T/►i Crop or Year Lime A' A05 Ah0 Afg Cie Zn B AM See A'olc
(�?9 Fes/0(011101 Isl Crop: Fcs/O{NIII,M .511, 120-200 100-120 70-90 (1 0 0 {1 12
►nd Cru):
"1'cs1 Results
Soil Clrlss /1A1% 1V/V G7s(; /IS% rte pll P-1 K-1 Ca% AkgW, Aln-1 Alit-Al(1)Aln-Al(2) be-1 Zrt-Al Cn-1 S-1 SS-1 Na-A' NIL-A' AW
MIN 0.56 1.17 Om 83.0 ID 5.5 11 27 59.0 22.0 192 132 317 317 54 27 G 0.0
i

SOIL &WATER DANCE SOIL AI%M WATER
CONSERVATION DISTRICT
P.O. BOX 3I85
Burlington,NC 27215-0185 *�Q ��
Email : [e-mail]
Date: May 6,2003
Piedmont Livestock
Altamahaw, NC
Received a waste sample and two soil samples on Tract 86 and Tract 629 on the date
above, mailed to Raleigh for analysis.
Since?-Oel
Phil Ross
District Administrator
Alamance SWCD

OF RQG ,L Michael F.Easley
Governor
25
�] ,�IJL William G.Ross Jr.,Secretary
Department of Environment and Natural Resources
p ;aie�n Alan W.Klimek, P.E.Director
ala(sinnal O #ICE Division of Water Quality
July 15, 2003
Mr. Joe Jones CERTIFIED MAIL
Piedmont Livestock Company, Inc. RETURN RECEIPT REQUESTED
P.O. Box 217
Altamahaw, NC 27202
SUBJECT: Assessment of Civil Penalties
for Violation of Permit Condition
Farm# 1-5002
Alamance County
File No. PC 03-020
Dear Mr. Jones:
This letter transmits notice of a civil penalty assessed against Piedmont Livestock Farm in the
amount of$763.35 which includes $263.35 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 ;r
NCDENI.R
Customer Service: Mailing Address: Telephone[phone] Location:
1-877-623-6748 1617 Mail Service Center Fax[phone] 512 N.Salisbury St.
Raleigh, North Carolina 27699-1 6 1 7 State Courier#52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Afrmative Action Employer
50%recycled/104o post-consumer paper
http✓/h2o-enr,state.ne.us

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 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
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

A Ow �IE D
k 5N"R
2 5 2443 AND
r f ,Una 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.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non-Discharge Compliance and Enforcement unit
JOP/scl
ATTACHMENTS
cc:-Steve.Mauney,'-Winston=Salem Regional Supervisor w/attachments
Melissa Rosebrock, WSRO w/ attachments
File # PC 03-020 w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ALAMANCE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL. PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PIEDMONT LIVESTOCK ) STIPULATION OF FACTS
COMPANY, INC. AND/OR )
JOSEPH R. JONES
FILE NO. PC 03-020
Having been assessed civil penalties totaling $763.35 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated July 14, 2003 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALAMANCE
File No. PC 03-020
IN THE MATTER OF }
PIEDMONT LIVESTOCK }
COMPANY, INC. AND/OR )
JOSEPH R. JONES }
}
FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF
OF THE NON-DISCHARGE ) CIVIL PENALTIES
GENERAL PER,vIlTS AWG 100000 }
AND AWG200000 }
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1, Jeffrey
O. Poupart, Supervisor of the Non-Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Piedmont Livestock Company, Inc. (Piedmont Livestock) is a corporation
organized and existing under the laws of the State of North Carolina. Joseph R.
(Joe) Jones is the president of Piedmont Livestock Company, Inc.
B. Piedmont Livestock and/or Joe Jones own and operate the Piedmont Livestock
Company Farm, a swine and cattle operation located on Basin Creek Road in
Alamance County.
C. Joe Jones was issued Certificate of Coverage AWC015002 under General Permits
AWG100000 and AWG200000 for the Piedmont Livestock Company Farm on
December 12, 2001, effective December 12, 2001, with an expiration date of
October 1, 2004.
D. Condition No. M. 3. of both General Permits states that "A representative
Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results
of the tests shall be maintained on file by the Permittee for a minimum of three
years and shall be made available to the DWQ upon request."

4
E. On August 23, 2001, DWQ staff conducted an inspection at the Piedmont
Livestock Company. No soil fertility analyses were available.
F. On August 27, 2001, DWQ issued a Notice of Violation to Mr. Jones noting that
soil fertility analyses should be taken by the end of 2001.
G. On February 6, 2002, DWQ staff conducted an inspection at the Piedmont
Livestock Company. No soil fertility analyses were available for application
fields that received waste in 2001.
H. On February 18, 2002, DWQ issued a Notice of Violation to Mr. Jones noting that
soil fertility analyses were not obtained in 2001.
I. On March 26, 2003, DWQ staff conducted an inspection at the Piedmont
Livestock Company. No soil fertility analyses were available for application
fields that received waste in 2002.
J. The costs to the State of the enforcement procedures in this matter totaled
S263.35.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Piedmont Livestock and/or Joe Jones are "persons" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Piedmont Livestock and/or Joe Jones violated Condition No. III. 3. of General
Permit AWG100000 and AWG200000 by failing to conduct a representative
Standard Soil Fertility Analysis on each application field receiving animal waste
in 2002.
D. Piedmont Livestock and/or Joe Jones may be assessed civil penalties pursuant to
G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) 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.
E. The State's enforcement costs in this matter may be assessed against Piedmont
Livestock and/or Joe Jones pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282.1(b)(8).

F_ The Supervisor of the Non-Discharge Compliance and Enforcement Unit,
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:
Piedmont Livestock and/or Joe Jones are hereby assessed a civil penalty of:
$_ ! QO for violating Condition No. III. 3_ of Permits No.
AWG 100000 and AWG200000 by failing to conduct a
representative Standard Soil Fertility Analysis on each
application field receiving animal waste in 2002
$ 263.35 Enforcement costs
$ 7,�;3.3.5 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. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) rey O. Poupart, Supervisor
Non-Discharge Compliance and Enforcement Unit
Division of Water Quality

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
May 19, 2003
MEMORANDUM-
To: Steve Lewis
From: Steve Mauney
Melissa Rosebrock
Subject Recommendation for Civil Penalty
Piedmont Livestock Company Farm,#01-5002
A]amance County
Please find attached, documents supporting the Winston-Salem Regional Office's request for a
civil penalty assessment against Piedmont Livestock Company.-Farm.-This .request_-is-based on. the
facility's continued lack of compliance regarding animal waste recordkeeping.
On Mardi 26, 2003 DWQ staff performed a compliance inspection at Piedmont Livestock
Company Farm..A review of the animal waste management records revealed that this facility had not
obtained soil analysis results for fields receiving animal waste in 2001 or 2002. A review of the facility's
file also indicates that the operator was reminded-during previous compliance._inspections, operational
reviews, and through two NOVs_to obtain the required soil analyses (note that since this facility handles
only dry, stockpiled waste, they had not needed to record application events until 2001). -
We request that you initiate appropriate action from your office and forward the package to the
Water Quality Director for assessment. The following items are also being transmitted for your review:
A) A completed"Findings and Decisions and Assessment of Civil Penalties."
B) Two copies of a completed "Water Quality Enforcement Case Assessment Factors."
C) -Most recent correspondence between violator and_DWQ, including two copies of
"NOV/N01 10-day letter." Violator did not submit a response.
D) Two signed copies of the most recent DWQ Compliance Inspection.
Please contact Melissa Rosebrock in our office at [phone] x265 for any additional
information you may need.
Attachments
cc: Winston-Salem Regional Office Facility Files
Central Files
��ao0

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ALAMANCE
FILE NO. PC#�
IN THE MATTER OF )
PIEDMONT LIVESTOCK )
COMPANY FARM )
FINDINGS AND DECISION
FOR VIOLATION OF THE ) AND ASSESSMENT OF
NON-DISCHARGE GENERAL PERMIT ) 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, J. Kent
Wiggins, Acting.Supervisor of the Non-Discharge Compliance .and Enforcement Unit .of the
Division of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Joe Jones owns and operates Piedmont Livestock Company Farm, a swine and
cattle operation located on Basin Creek Road in Alamance County.
_ B. Joe Jones was first issued-Certificate of Coverage AWC015002:under General
Permits AWGI00000 and'AWG200000 for Piedmont Livestock Company.Farris
on December 12, 2001 effective December 12, 2001 with an expiration date of
April 30, 2003. Joe Jones was renewed coverage under the same general -permits
on May 1, 2003 with an expiration date of October 1, 2004.
C. Condition No. I. 2. of the issued permits states in part that the Certified Animal
Waste Management Plan (CAWMP) is incorporated by reference into the General
Permit and that any violation of the CAWMP shall be considered a violation of
the general permit and subject to enforcement actions.
D. A waste utilization plan (WUP) is a required component of the animal waste
management plan in accordance with G.S-143-215-10C(e).
E. The WUP and Condition No. M. 3. of the General Permits states that a soil
analysis must be conducted annually on each application field receiving animal
waste and that the results shall be made available to DWQ upon request.
F. On March 26, 2003 Winston-Salem Regional DWQ staff conducted a compliance
inspection. A review of the application records documented that a soil analysis

was not conducted in 2001 or in 2002 for any fields that received animal waste in
those years.
G. The cost to the State of the enforcement procedures in this matter totaled $263.35.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW: ,
A. Joe Jones is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for an animal waste management system is required by G-S. 143-215.L
C. Joe Jones violated Condition No. 111. 3. of the General Permits by failing to
conduct an annual Standard Soil Fertility Analysis on each application field
receiving animal waste in 2001 and 2002.
D.- Joe Jones may--be-assessed-civil-penalties--in-this matter--pursuant to-_G.S._-143-._
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
E. The States enforcement costs in this matter may be assessed against Joe Jones
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. _ The.Acting Supervisor-of the Non-Discharge_Campliance_and`Enforceriaenl Uriit;_ - —
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:
Accordingly, Joe Jones is hereby assessed a civil penalty of:
$ for of two (2) violations of Condition No. M. 3. of the
General Permits by failing to conduct an annual Standard
Soil Fertility Analysis for those fields where animal waste
was applied .
$ 263.35 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have
considered the factors listed in G.S.143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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;
W (8) The cost to the State of the enforcement procedures.
(Date) J. Kent Wiggins, Acting Supervisor
- -- - -- -- -------Non-Discharge-Compliance-and-Enforcement Unit
-- -- ---- ---- - -- - -Division-of-_Water=Quality--- -

ATTACHMENT B

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: PC
Violator: Piedmont Livestock Company Farm
Address: PO Box 1379
Elon College, NC 27244
Alamance County
Responsible Party: Mr.Joe Jones
- Regional-Office:-Winston-Salem- - -
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 violations:
Unknown.-Since the facility has not obtained any soil analysis results since becoming certified, it is
difficult to adequately determine if the copper or zinc index: hasbeen exceeded on any of the fields ---
'recetving animal waste. - - - ---- -- -- - — - - - - - - -- -- -
2. The duration-and gravity of the violations:
Failure to maintain adequate animal waste records has been documented for over two years by the
WSRO.
-3. -The effect on ground or surface water quality or quantity or on-air quality:
Unknown. Inspection of the land application sites by DWQ and DSWC indicates that the receiving
crop is healthy and is utilizing the nutrients being applied. There have been no reports or evidence of
animal waste being over-applied or misapplied.
4. The cost of rectifying the damage:
Cost would include the shipment of several soil samples to a laboratory as well as a labor expense.
5. The amount of money saved by noncompliance:
Estimated by regional office to be less than S250.00
G. Whether the violations were cozn-mitted willfully or intentionally:
We believe these violations to be committed willfully and intentionally-. Piedmont Livestock Company
Farm was cited in 2001 and in 2002 for failure to have complete records. This facility has been
reminded several times by DWQ and DSWC regarding the timeliness of waste and soil analyses.

7. The prior record of the Violator in failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
2000 (August) - DWQ issues NOV for failure to abide by the CAWMP by not excluding cattle
from the creek's buffer area.
2001 (_August) —DWQ issues NOV for failure to obtain waste analyses within 60 days.
2002 (February) —DWQ issues Notice of Violation for failure to obtain a soil analysis for those
fields receiving animal waste in 2001.
8. The cost to the State of the enforcement procedures:
Central Office Review and Processing = S 100.00
5 hours by investigator for investigating and
drafting report(s) @ $22.27/hr. _ $ 111.35
- - -- — 1.0 hour ti Water Quality Regional Supervisor
for review @ $ 37.00/hr. = $ 37.00
1.0 hour for clerical support @ $15.00/hr. = S 15.00
Total = 263.35
9. Type of violator and general nature of business (i.e. indi-vidual vs. large corporation):'
Violator is the owner of a livestock sales facility/market. Cattle and swine are only held until the
animals can be shipped or sold. This is not an animal raising facility.
10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
_.__The-animal-waste management and-recordkeeping has-steadily improved at-this facility. So far, _the operator-has-been,cooperative in correcting farm operations that affected water quality once
staff made him aware o-f concerns.
11. Mitigating circumstances:
None.
12. Owner of property-where the discharge occurred:
Mr.Joe Jones
13. Pictures of discharge (optional):
Not applicable.
14. Assessment Factors:
a) IWC: Not applicable.
b) Receiving stream: Not applicable
c) Damage: None observed_

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: PC
Violator: Piedmont Livestock Company Farm
Address: PO Box 1379
Elon College, NC 27244
Alamance County
Responsible Party: Mr.Joe Jones
-'� Regional Office:"Winston=Salem- -- - - - - - -
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 violations:
- Unkno-wn. Since the-facility has not obtained any soil.analysis_results since becoming certified, it is
difficult to adequately determine if the copper or zinc index has been exceeded on any of the fields
receiving animal waste.
2. The duration and gravity of the violations:
Failure to maintain adequate animal waste records has been documented for over two years by the
WSRO.
_ 3. -The-effect on-ground-or-surface-water-quality or,quantity-or on air-9 ty -
Unknown. Inspection of the land application sites by DWQ and DSWC indicates that the receiving
crop is healthy and is utilizing the nutrients being applied. There have been no reports or evidence of
animal waste being over-applied or misapplied.
4. The cost of rectifying the damage:
Cost would include the shipment of several soil samples to a laboratory as well as a labor expense.
5. The amount of money saved by noncompliance:
Estimated by regional office to be less than S250.00
6. Whether the violations were committed willfully or intentionally:
We believe these violations to be committed willfully and intentionally. Piedmont Livestock Company
Farm was cited in 2001 and in 2002 for failure to have complete records. This facility has been
reminded several times by DWQ and DSWC regarding the timeliness of waste and soil analyses.

CERTIFICATION PAGE
I CERTIFY THAT THE INFORIvLkTION IN THIS REPORT IS TRUE TO THE BEST
OF MY KNOWLEDGE.
M. Melissa Rosebrock
Environmental Specialist II -WSRO

7. The prior record of the violator in failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
2000 (August) - DWQ issues NOV for failure to abide by the CAXkrMP by not excluding cattle
from the creek's buffer area-
2001 (August) - DWQ issues NOV for failure to obtain waste analyses within 60 days.
2002 (February) -DWQ issues Notice of Violation for failure to obtain a soil analysis for those
fields receiving animal waste in 2001.
8. The cost to-the State of the enforcement procedures:
Central Office Review and Processing = $ 100.00
5 hours by investigator for investigating and
drafting report(s) @ $22.27/hr. _ $ 111.35
T 1.0 hour by Water Quality Regional Supervisor
for review @ $ 37.00/hr. _ 37.00
1.0 hour for clerical support @ $15.00/hr. _ S 15.00
Total = $ 263.35
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
Violator is the owner of a livestock sales facility*/market. Cattle and swine are only held until the
animals can be shipped or sold. This is not an animal raising facility.
10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
- - - - -The-animal waste management and-re-coidkeep-ulg has steadily improved at this facility. So far,__
the operator has been cooperative in correcting farm operations that affected water quality- once
staff made him aware of concerns.
11. Mitigating circumstances:
None.
12- Owner of property where the discharge occurred:
Mr.Joe Jones
13. Pictures of discharge (optional):
Not applicable.
14. Assessment Factors:
a) IWC: Not applicable.
b) Receiving stream: Not applicable
c) Damage: None observed.

CERTIFICATION PAGE
I CERTIFY THAT THE INFO"1ATION IN THIS REPORT IS TRUE TO THE BEST
OF MY KNOWLEDGE.
0.-
M. Melissa Rosebrock
Environmental Specialist II - WSRO

cj o Michael F. Easley,Governor
William G. Ross Jr.,Secretary
North Carolina invent of Environment and Natural Resources
_a m
"F Alan W.Klimek. P.E.Director
a Division of Water Quality
Y
May 1, 2003
CERTIFIED MAIL 7001 2510 0001 4778 5680
RETURN RECEIPT REQUESTED
Mr.Joe Jones
PO Box 1379
Elon Colleze. NC 27244
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Compliance Inspection - Piedmont Livestock #01-5002 (Formerly 01-2-1)
Alamance Countv
Dear Mr. Jones:
On March 26, 2003 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office
performed a scheduled compliance inspection at Piedmont Livestock Farm. Michael Cox, certified operator for the
facility. was also present during the inspection.
On the date of the inspection, staff noted animal waste violations and concerns that require your immediate action.
Specifically, Ms. Rosebrock noted that soil analyses were not obtained for those fields receiving animal waste in 2001 or
in 2002. A review of your file also indicates that you were previously reminded to obtain these analyses (see August 2001
and February 2002 DWQ NOVs). Failure to have complete records is a violation of North Carolina General Statute
143-215.10C and your Animal Waste Management Permit (Section 1I1,#3.).
Additionally, DWQ staff observed two low areas in the cattle pens below lots #16 and #17 that are allowing the
run-off of waste and sediment during rain events. These areas need to be repaired and permanent vegetation estabiished as
soon as possible. You may wish to contact the Alamance County SWCDlNRCS office for any technical assistance at
336.226.0477 ext. 3.
The Winston-Salem Regional Office is considering recommending an enforcement action against you for the
above referenced violations. If you have justification that these violations are caused by circumstances beyond your
control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following
receipt of this notice. Please address your response to my attention at the address shown on the letterhead. The Winston-
Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement
nackaRe.
In the absence of any justification, the Regional Office will recommend that an enforcement action be taken
against your facility. 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 violations of state environmental laws and regulations. If you have any
questions concerning this matter, please contact Melissa Rosebrock or me at [phone].
Sincere ,
Steve Mauney
Water Quality Supervisor
c-7: DWQ-Nor. Discharbe Compliance and Enforcement Unit
Alamance County NRCS/SWCD
Jerre Dorsett-SWCD WSRO and Rocky Durham-SWCD MRO
•.WSRO..,Faciliry Files/Central Files
NCDENR
N. C" Division of Water Gualitywater Quality Section 585 Wauahtown Street Winston-Salem, NC 27107 [phone] customer Service
1 800 623.7748
��, r13

ti.
* Complete items 1, 2, and 3.Also complete A. Signature
item 4 if Restricted Detivery is desired. �.- ❑Agent
a Print your name and address on the reverse X L J i S �� ❑Addressee
so that we can return the card to you. B. Received by(Pnitred Name) C. Date of Delivery
Rt Attach this card to the back of the mail piece, i I
or on the front if space permits. p cJ
D. is delivery address different from%tern 1? 13 Yes
1. Article Addressed to:
if YES,enter delivery address glow: 0 No
NIF30e Jones
P 4 Box 1379 3. Service Type
-Don College NC 27244 1 Certified Mail [I Express SvSaii I
❑ Registered Return Receipt for Merchandise
© Insured Mai! El G.O.D.
4. Restricted Delivery?fExtra Fee) 0 Yes
00131 g77.8 5680 -

v William G. Ross Jr.,Secretary
Norm Carolina tment of Environment and Natural Resources
7 Alan W.Klimek, P.E. Director
a Division of Water Quality
T �
May 1, 2003
CERTIFIED MAIL 7001 2510 0001 4778 5680
RETURN RECEIPT REQUESTED
Mr.Joe Jones
PO Box 1379
Elon College, NC 27244
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Compliance Inspection - Piedmont Livestock #01-5002 (Formerly 01-2-1)
Alamance County _
Dear Mr. Jones:
On March 26, 2063 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office
performed a scheduled compliance inspection at Piedmont Livestock Farm. Michael Cox, certified operator for the
facility. was also present during the inspection.
On the date of the inspection. staff noted animal waste violations and concerns that require your immediate action.
Specifically. Ms. Rosebrock noted that soil analyses were not obtained for those fields receiving animal waste.in 2001-or
in 2002. A review of your file also indicates that you were previously reminded to obtain these analyses (see_August 2001_ _
and February 2002 DWQ-NOVs). Failure to have complete records is a violation of North Carolina General Statute
143-215.10C and your Animal Waste Management Permit (Section I11,4-3.).
Additionally, DWQ staff observed two low areas in the cattle pens below lots #16 and #17 that are allowing the
run-off of waste and sediment during rain events. These areas need to be repaired and permanent vegetation established as
soon- as possible. You may wish to contact the Alamance County SWCD/NRCS office for any technical assistance at
336,226.0477 ext. 3.
The Winston-Salem Regional Office is considering recommending an enforcement action against you for the
above referenced violations. If you have justification that these violations are caused by circumstances beyond your
control. or you have an explanation that you wish to present, please respond in writing within ten (10) days following
receipt of this notice. Please address your response to my attention at the address shown on the letterhead. The Winston-
Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement
package.
In the absence of any justification, the Regional Office will recommend that an enforcement action be taken
against your facility. Be advised that North Carolina General Statutes provide for penalties of tip to $25,000 per day
per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any
questions concerning this matter, please contact Melissa Rosebrock or me at (336) 7714600-
Sincere ,
Steve Mauney
Water Quality Supervisor
cc: DWQ-Non Discharge Compliance and Enforcement Unit
Alamance County MRCS/SWCD
Jerry Dorsett-SWCD WSRO and Rocky Durham-SWCD MRO
;;;WSRO;F'acilitji-Files/Central Files
NCDENR
N.C. Division of Water Quality/Water Quality Section 5a5 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748
�/31 -

.rf
SENDER • • • •
a Complete items 1,2,and 3-Also complete 7S, Received
nature
item 4 if Restricted Delivery is desired. / 0 Agent
• Print your name and address on the reverse / i S /Q ©Addressee
so that we can return the card to you, by t Prfnfed Name) C. Da�ot Delivery
12 Attach this card to the back of the mailpiece,
or on the front it space permits.
D. is delivery address different from item t? ©Yes
Article Addressed to: If YES,enter delivery address below: ❑ No
MrJoe Jones
P O Box 1379 s, Service Type
Elon College NC 27244 }J�Cer'tified Mail 0 Express Mail
❑ Registered Return Receipt for Merchandise
❑ insured Mail 17 C.O.O.
4. Restrfcfed Delivery?(Extra Feel Yes
'Inn,, ar,ID 0001 4778 5680

ATTACHMENT D

i- lston of Water Quality-_;
1 Aston of Soil and Water Conservation ,
O.Other AgencY: �.
Type of Visit O 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
I Datt of"Visit: d3/?6/3003 Time: 0920
Facilitv Number 01 5002
Not O erational Q Below Threshold
® Permitted ® Certified © Conditionally Certified ❑Registered Dace Last Operated or Above Threshold: ................
Farm Name: F.itdMQ.1t-V­S.GQ.FarM............................ .. ... CountV: A;IKeta e......................................... WSRQ........
Owner Name: Llo�............................................ .QAlfrS................................................... Phone 'No: Q3.6J.aU4 1.6. Alie.'.S.Jfi14.b.11e.�.ft0.,�.tiQ4....
Rlailinh .address: P.Q.b.oh.«X.7............................................................................................. .................................................... 27.720..............
Facility Contact.- Mlh-,V.CQX.........................................................Title: ................................................................ Phone No: 33_6A2.1..�2.00........................
- •„•••.•usite Representative: .
e: „ '�.: Ox.... ...................... .. ......................................... Integrator:.....
Certified Operator:Mi.Ch=Hone...................... QQX.................................................... Operator Certification Number:Z�753..
Location of Farm:
D-40 east to Elon College exit. Follow to town of Elon College. Turn right onto NC 100187 to Glen Raven. Turn left onto
w-,•87 north. Right onto Hub Mill Rd. Right onto Altamahaw Rd. Right ontp Basin Creel:Rd.Farm Location: 2471 Basin ,.
® Swine ❑ Poultry ® Cattle ElHorse Latitude F 36 • 10 27 Longitude 74 ' 29 58
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑Wean to Feeder ❑Laver ❑ Daffy
❑ Feeder to Finish 1E]Non-Layer ®Non-Dairy 300 10
®Farrow to Wean 300 30
❑.Farrow to Feeder ❑Other
❑Farrow to Finish Total Design Capacity 600
❑Gilts
❑Boars Total SSLW 369.900
Number ol'Lagoons 10 Subsurface Drains Present ❑ Lagoon Area ❑Spray Field Area
Holding Ponds 1 Solid Traps ®No Liquid N aste Management Svstem
Discharges & Stream Impacts
1. Is anv discharge observed from any part of the operation? ❑ Yes ®No
Discharge originated at: ❑Lagoon ❑Spray Field ❑Other
a. If discharge is observed. Nvas the conveyance than-made? ❑ Yes ❑No
b. If discharge is observed, did it reach Water of the State'? (If yes• notifti DWQ) ❑ Yes ❑No
c. If discharge is observed, what is the estimated flow in aalimin`?
d. Does discharge bypass a lagoon Svstem"(IfvLs. notifv D"VQ) ❑ Yes [:]No
?. is there evidence of past discharge from any pan of the operation? ❑ Yes ®No
3. Were there an-,-adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 13 Yes ❑No
W::stc collection S Treatment
4• is storage capacity(freeboard plus storm storage) less than adequate? ❑ Spillwav ElI es El No
Srrucuure I Structure ? Structure 3 Structure 4 Smicture 1 Smicture 6
tccntit:e . ......................... .................... .................................... ................................... ....................------......... ............................I......
�i���boa;ci [incises):
0510310 ?�Y n� ���� Continued

1
Facility Number: Ol—SDD2 Date of Inspection 03/26/2003
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
S. 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 maintenance/improvement? ❑ Yes ®No
11. Is there evidence of over application? ❑Excessive Ponding ❑PAN ❑Hydraulic Overload ❑Yes ®No
12. Crop type Fescue(Graze) Fescue(Hay)
-'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 —
Re uired Records & Documents
17. Fail to have Certificate of Coverage& General Permit or other Permit readily available? ❑ Yes ®No
1& 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 8 soil sample reports) ®Yes ❑No
`4 20. Is-6cilitynot incompliance with-any applicable setback criteria in-effect at_the-time of design? -No_ �=
?I. Did the facility-fail to have a actively certified operator in charge? ❑Yes `®Na
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
❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence 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.additionai.pages as.necessary): ®Field Copy ❑Final Notes
- and 8. Need to re-establish vegetation in pens below lot#16 and#17 prior to putting any cattle back in the pens. Two low places in
the lots are allowing run-off of waste and soil during rain events. Need to build up these low spots and seed with permanent vegetation.
W ill check next visit. Check next visit.
19. No soil analysis results for 2002. Operator was reminded of this during three inspections/reviews in 2002. See also 2001 NOV and
2002 NOV. 'Will have to send NOV/NOI now.
21. DWQ to check on card for Mike. +
Reviewer inspector Name Me 'ssa Rosebrock
Reviewer/Inspector Signatu � / d Date: ,3
,

.lumber: 01-5 002 D^!�?of Inspection 03/26/2003
:)dor Issues
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 ❑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 omments and/or rawings-
iA, 5, 9, 26, and 29-32 are not applicable to this facility at this time.
05103101

_ vision,of Water Quality.;..:
visian_of Soil and Water Conservation
Other Agency.. ._ :_
Type of Visit O Compliance Inspection Q Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up Q Emergency Notification O Other ❑Denied Access
f Date of Visit: 03/?612003 'rime: 0920
Facility Number O1 5402
Q Not Operational Q Belor►• Threshold
® Permitted ®Certified ❑Conditionally Certified ❑Registered Date Last Operated or Above Threshold: .............
Farm Name: PJ.c.dm.o.t1UJS--Oo-farm Co-farm............................................................................ County: AjgMATg.t.................._..................... NN.. �tQ........
Owner Name: 1.Q.a............................................ aQjae5............................................................ Phone No:
Mailing address: 1?Q. M1.7... - .. A�[ t>nab�tFs.i�?C.................................................... «.7.«Q«.....:........
Facility Contact: NM&.C.QX.........................................................Title: ................................................................ Phone No: 33.6..47..1. ...............
Onsite Representative: 1{!.. 0&............................................................. : Integrator:......................... ....... e Certified Operator:Huilasa.1Wm..................... C_QX................ p 375
............ Operator Certification Number:. .............................
Location of Farm:
40 east to Elon College exit. Follow to town of Elon College. Turn right onto NC 1001$7 to Glen Raven. Turn left onto �
rvy $7 north. Right onto Hub Mill Rd.Right onto Altamaha«• Rd. Right ontp Basin Creek Rd.Farm Location: 2471 Basin
® Swine ❑ Poultry ® Cattle ❑ Horse Latitude 36 • 10 27 Longitude 79 • ?9F 5$
Design Current Design Current Design Current
Swine Capacity Po ulation Poultry Capacity Population Cattle Ca acih Population
❑Wean to Feeder ❑Laver ❑Dairy
❑Feeder to Finish JE3 Non-Laver I I ICK Non-Dairy 1 300 1 210
® Farrow to Wean 300 30
❑ Farrow to Feeder ❑Other
❑Farrow to Finish Total Design Capacity .600
❑ Gilts
❑Boars Total SSLW F 369.900
Number of Lagoons 0 ❑Subsurface Drains Present ❑ Lagoon Area ❑Spray Field Area
Holding Ponds/Solid Traps ®No Liquid Waste Nlanagement System
Dischar(_Tes & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑Yes ®No
Discharee originated at: ❑Lagoon ❑Spray Field ❑Other
a. If discharge is observed. .vas the conveyance man-made? ❑Yes ❑NTo
b. If discharge is observed, did it reach Water of the State'? (If ves. notify DWQ) ❑Yes ❑No
c. If discharge is observed, v.-hat is the estimated floe in gal/min?
d. Does discharge bypass a lagoon system? (If yts. notify DWQ) ❑ Yes ❑No
2. Is there evidence of past discharge from any part of the operation'? [2 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
N,Vaste Collection & Treatment
. Is storage capacity(freeboard plus storm storage) less than adequate'? ❑Spillway ❑ Yes ❑No
Structure 1 Structure 2 Stricture 3 Structure 4 Stricture 5 Structure 6
Identifier: ..................................
�reeboard (inch.$):
05103101 r �� V t � Conluured

Facility Number: 01-5002 Date of Inspection 03/26/2003 0 A
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? El 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
S. 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
«aste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ®No
11. Is there evidence of over application? ❑Excessive Ponding ❑PANS' ❑Hydraulic Overload ❑Yes ®No
12. Crop type Fescue (Graze) Fescue (Hay)
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
1 S. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/W4 UP, checklists, design,maps, etc.) y ❑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?_— _-_._ T- —�_❑ Yes_,®' o_ _
'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
❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments(refer to question#): Explain any IVES.answers and/or-any recommendations or-any other comments.
Use drawings of facility to better ezplain:situations. (use additional.pages as-necessary): ®Field Copy ❑Final Notes
and S. Need to re-establish vegetation in pens below lot#16 and#17 prior to putting any cattle back in the pens. Two low places in A.
the lots are allowing run-off of waste and soil during rain events. Need to build up these low spots and seed with permanent vegetation.
Will check next visit. Check next visit.
19. No soil anaivsis results for 2002. Operator was reminded of this during three inspections/reviews in 2002. See also 2001 NOV and
2002 NOV. Will have to send NOV/NN'01 now.
21. DWQ to check on card for Mike. ,
Reviewer/Inspector Name Me 'ssa Rosebrock
RevieNver/Inspector Signature Date: j A -'
nrinsinr r r

r; umber: 01-5002 D^►P of Inspection 43/26/2443
,Jdor Issues
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 ❑No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts,missing or
or broken fan biade(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 omments and/orDrawings:
#4, 5, 9,26,and 29-32 are not applicable to this facility at this time. f
05103101