300010_CORRESPONDENCE_20171231

- 4,
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
C Wayne Lutz
300 Lutz Ln
Mocksville, NC 27028
Division of Water Quality
Coleen H. Sullins
Director
May 19, 2010
Subject: Notice of Deficiency #NOV-2010-PC-0584
Deerview Jersey Farm
Permit No. AWC300010
Davie County
Dear Mr, Lutz:
Dee Freeman
Secretary
During the Fall or Winter of 2009-2010, a representative of your animal operation informed the
Division of Water Quality (DWQ) Winston-Salem Regional Office that there was inadequate freeboard in
the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section III, No.
13) states that the "Permittee shall report by telephone to the appropriate Division Regional Office as soon
as possible, but in no case more than twenty-four (24) hours following first knowledge of the ... failure to
maintain storage capacity in a lagoon/storage pond -greater than or equal to that required in ... this General
Permit." We appreciate the fact that you reported the problem of high waste level as required by your
permit and have worked with our staff to manage the problem once it occurred.
While we recognize the extraordinary weather conditions existing at the time, the lack of adequate
freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to
your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ.
The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made to resolve the
problem once identified, and efforts proposed to prevent future problems have all been factors in our
decision regarding enforcement. Upon review and consideration of the information submitted and/or
discussed with DWQ staff, the Winston-Salem Regional Office has determined that a Notice of Deficiency
(NOD) is appropriate and that no further compliance/enforcement actions will be taken by the Division for
the high waste levels occurring between October 2009 and March 2010,
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
This may include, but is not limited to, water conservation practices, adding additional application sites,
updating your cropping systems, adding additional and I or more flexible application equipment, and main-
585 Waughtown Street, Winston-Salem, Nonh Carolina 27107
Phone: [phone] FAX: [phone] One
Internet: www.ncwateMualRy.org North Car of lnca
An Equal Opportunity i Affirmative Action Employer -;1 a lima l

High Freeboard NOD
May 19, 2010
Page 2
taining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year.
Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and
implement any needed changes to your system.
Thank you again for your cooperation. If you have any questions regarding this letter, please do not
hesitate to contact the Winston-Salem Regional Office at [phone].
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
CC. WSRO Facility File
DWQ-APS-Animal Feeding Operations Unit
Joseph Hudyncia — DSWC WSRO
APS Central Files — Permit No. AWC300010

v
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
I RECEIVED !
June 24, 2009 N.C. Dept of ENR
C. Wayne Lutz
' JUN 2 5 2009
Deerview JerseyFarm LWfnsfan-Salem
Reglanal offlee 1
300 Lutz Ln.
Mocksville, NC 27028
Subject: Additional Information Request
Application No. AWC300010
Deerview Jersey Farm
Davie County
Dear Mr. Lutz:
The Animal Feeding Operation Unit of Division of Water Quality's Aquifer Protection Section has
completed a preliminary review of your renewal permit application package. Additional information is
required before we may continue our review. Please address the following items within 30 (thirty) days
of receipt of this letter:
Sianature Missine:
The renewal application must be signed and dated by facility's owner. Please review the
enclosed application for accuracy and complete the signature page. Return the completed
application to my attention at the mail service center address given at the bottom of this page.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and
regulations. Any oversights that occurred in the review of the subject application package are still the
responsibility of the applicant. In addition, any omissions made in responding to the above items shall
result in future requests for additional information.
Please note that failure to provide this additional information on or before the above requested date may
result in your application being returned as incomplete.
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterquaii oro Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer-50% Recycled110% Post Consumer Paper
N"o�1tCarolina
Jvatura!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh. NC 27604 Fax 1: [phone]
Fax 2: (919) 715-6W
Customer Service: [phone]

W.
Failure to request renewal of your coverage under a general permit within the time period specified may
result in a civil penalty. Operation of your facility without coverage under a valid general permit would
constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to
$25,000 per day.
If you have any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
Larry W. Wade PE
Animal Feeding Operations Unit
cc: Winston Salem Regional Office, Aquifer Protection Section
Davie County Soil and Water Conservation District
APS Files- AWC300010

State of North Carolina
Artment of Environment and Natural RArces
Division of Water Quality
Animal Waste Management Systems
Request for Certificate of Coverage
Facility Currently Covered by an Expiring State Non -Discharge General Permit
On September 30. 2009, the North Carolina State Non -Discharge General Permits for Animal Waste Management Systems will
expire. As required by these permits. facilities that have been issued Certificates of Coverage to operate under these State Non -
Discharge General Permits must apply for renewal at least 180 days prior to their expiration date. "therefore all applications must be
received by the Division of Water Quality by no later than April 3, 20W
Please do not leave any question unanswered'. Please make any necessary corrections to the data belaw.
I. Facility Number: 300010 and Certificate of Coverage Number: AWC300010
2. Facility Name: Deerview 3ersev Farm
3. Landowner's name (same as on the Waste Management Plan): C Wayne Lutz
4. Landowner's Mailing address: 300 Lutz Ln
City/State: Mocksville, NC Zip: 27028
Telephone Number (include area code): 3369986161 E-mail: ❑� ; £GJ t <��S V IGC �- r Cp
5. Facility's physical address: _ -Soo L i -7 t-tv
Cite/State: 0 CIC-S V I Zip: 2--7 2 Z
6. County where facility is located: Davie
7. Farm Manager's name (If different than the Landowner):
8. Farm Manager's telephone number (include area code): C r _ 3 3 6 ­9 ri _ 3 r7 .7
9. Integrator's name (if there is not an integrator write "None"): Mov t.
10. Lessee's name (if there is not a lessee write "None"): yv�) nl�_
11. Indicate animal operation type and number:
Swine
Cattle
Dry- Poultry
Wean to Finish
Dairy Calf
Non Laying Chickens
Wean to Feeder
Dairy Heifer
Laying Chickens
Farrow to Finish
ilk Cow 25U
Turkevs
Feeder to Finish
�
Dry Core
Other
Farrow to Wean
Beef Stocker Calf
Pullets
Farrow to Feeder
Beef Feeder
Turkey Poults
Boar/Stud
Beef Brood Cow
Gilts
Other
Other
Wet Poultry
Horses - Horses
Sheep - Sheep
Non Laying Pullets
Horses - Other
Sheep - Other
Layers
RKEDVED I DENS 1 DWC
V"D ASS 0T'XTV'& A 7 CT A TL` d-lr%iFD A T nlmn

9 -6
Submit two (2) copies of the most recent Waste Utilization Plan for this facility with this application. The Waste Utilization
Plan must be signed by the owner and a technical specialist. If a copy of the facility's most recent Certified Animal Waste
Mana ement Plan CAWMP has not previously been submitted to the NC Division of Water Ouality, two 2 copies of the
CAWMP must also be submitted as part of this application.
1 attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that, if
all required parts of this application are not completed and that if all required supporting information and attachments are not included,
this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-
215.613, any person who knowingly makes any false statement, representation, or certification in any application may be subject to
civil penalties up to S25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or
imprisonment of not more than 5 years, or both for a similar offense.)
Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sign. If Landowner is a corporation,
signature should be by a principal executive officer of the corporation):
Name: Title:
Signature: Date:
Name
Signature:
Title:
Date:
Name: Title:
Signature:
Date:
THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: [phone]
Fax Number: [phone]
FORM RENEWAL -STATE GENERAL 02/09

tw Jerseys -Wayne Lutz, update
imap.1/Melissa.Re
@cros. ncmaii.net:1431fetch%3
Subject: Deerview Jerseys -Wayne Lutz update
From: "Fred Alexander" <[e-mail]>
Date: Fri, 11 Jul 2003 07.55.57 -0400
To: <melissa.rosebrockC?ncmail.nets
Melissa,
Just wanted to let you know that Wayne Lutz's application for cost -share
assistance under the EQIP program has been selected for funding this week.
We now have to finalize plans and develop a contract with him for the
practices to be done before he can begin work. I would guess that it will
be about July 31st before all of this is finished. I will keep you posted.
Fred Alexander
NRCS-Mocksville
7/ 1 l /2003 l

�144AT� Michael F. Easley, Governor
�. 9 William G. Ross Jr., Secretary
OC� QG North Garolin; +artment of Environment and Natural Resources
r `mail' Alan W. Klimek, P.E. Director
] Division of Water Quality
1
0 -c
May I, 2003
CERTIFIED MAIL 7001 2510 0001 4778 5666
RETURN RECEIPT REQUESTED
Mr. Wayne Lutz
300 Lutz Lane
Mocksville, NC 27028
SUBJECT: Notice of Violation - Compliance Inspection
Deerview Jersey Farm, #30-10
Davie County
Dear Mr. Lutz:
On February 19, 2003 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office
(DWQ-WSRO) performed a compliance inspection at Deerview Jersey Farm. While most animal waste operations and
recordkeeping was improved over last year, there are other violations and concerns that require your immediate action.
Specifically, Ms. Rosebrock noted that a soil analysis had not been obtained for those fields receiving animal
waste in 2002. Failure to have complete records is a violation of North Carolina General Statute 143-215.10C and
your Animal Waste Management Permit.
Additionatly;� bWQ_staff observed the run-off of waste and sediment from a denuded pasture into the creek below
the waste pond caused by melting sriow and ice on the lots above. An area nearest the woods in the heifer pasture (behind
the mobile home) also requires your attention. On the date of the inspection, staff also observed the discharge of sediment
and waste -from this second denuded pasture as well. Both areas must be repaired and permanent vegetation established as
soon as possible. This office also recommends increasing the buffer areas along the creek, particularly where cattle traffic
is heavy. You should contact the Davie County SWCD/NRCS office for any technical assistance at 336.751.5011.
A written response is to be submitted to this office within 10 days of receipt of this Notice indicating the actions
taken to correct the problems described in this Notice. Your written response should include a specific explanation of
when and how -the problems are to be corrected. Please direct your response to the attention of Ms. Rosebrock at the
address shown on the letterhead. Please 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. I.
The WSRO appreciates your prompt attention to the concerns outlined above. If you have any questions
concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
SZ'
teve Matiney 1
Water Quality Supervisor
cc: DWQ-Non Discharge Compliance and Enforcement Unit
Davie County NRCS/SWCD
Ralston James-SWCD MRO
Rocky Durham-SWCD MRO
Nannc Keith -Cooperative Extension
i3T 7R ac� ��i1i�Files /Central Files
N. C. Division of Water QualityNVater Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone]
NCDENR
Customer Service
1 800 623.7748
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Certified Fee ti
Postmark
Return Receipt Fee
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(Endorsement Required)
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Restricted Delivery Foe
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(Endorsement Required)
t3
TOW Pon`
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Mr Wayne Lutz
Sent To
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300 Lutz Lane
Street, Apt. Mocksville NC
27028
or PO Box f
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WATT
Michael F. Easley, Governor.
�C G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Division of Water Quality
October 31, 2001
CERTIFIED MAIL NO. 7099 3400 0006 9313 7403
RETURN RECEIPT REQUESTED
Mr. Wayne Lutz
300 Lutz Lane
Mocksville, NC 27028
SUBJECT: Notice of Deficiency - Compliance Inspection
Deerview Jersev Farm #30-10
Davie County
Dear Mr. Lutz:
On October 26.2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office
performed a compliance inspection at the Deerview Jersey Farm. While most farm operations appeared to be in
good condition and record keeping was improved over last year. there are continued concerns that warrant your
attention.
Specifically. Ms. Rosebrock noted that the exterior slope of the waste storage dam was severely rutted and
void of vegetation in several areas due to either cattle or other traffic on the dam. It was also noted that the condition
of the dam had deteriorated since last year's compliance inspection. These areas should be repaired and/or reseeded
as soon as possible and all traffic kept off the slope to allow adequate vegetation to establish.
Additionally, documentation regarding the available freeboard was not available again. Per the Animal
Waste Management Permit (Section III, #2), the waste storage pond levels are to be recorded weekly. For storage
ponds with spillways, the storage pond level is the distance between the level of liquid and the bottom of the
spillway, in inches. Please note that these items were previously- mentioned during your 2001 Operational Review
and 2000 DWQ Compliance Inspection. Failure to have complete records is a violation of North Carolina
General Statute 143-215.10C and your Animal Waste Management Permit.
The Winston-Salem Regional Office appreciates your cooperation in these matters. If you have any
questions concerning this Notice, please contact Melissa Rosebrock or me at [phone].
/1�2
cc: DWQ Non Discharge Compliance and Enforcement Unit
Davie County - NRCS/SWCD
WSRO Facility Files/Central Files
Ralston James - SWCD MRO
Rocky Durham - SWCD MRO
i4 DE\'R
Customer Service
1 800 858-0368
Sincerely,
Larry D. oble
Water Quality Supervisor
Division of Water Quality / Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107 i
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr.state.nc.us

UNITED STATES POSTAL SER�
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• Sender: Please pgn�- e, are'sw,'aC`
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NC DENR NOV
WATER QUALITY SECT +R
585 WAUGHTOWN STR' ' +�u r' -S-I0m
WINSTON SALEM NC 2W09VAUi. C ftjC;C-
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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
— — fh. f—t if —.— —rmifc
i i. Hrucie nuure55eu >u: E
A. Received by (Please Print Clearly) I B. Ila 3
�f Deliver.
IfO.
C. Sign tune
X
! Agent
Pi k 1A ❑ Addressee
D. Is der address differen item 1? ❑ Yes
If YES, enter delivery address tow: ❑ No
Mr Wayne Lutz I
300 Lutz Lane 3. Service Type
Mocksville NC 27028 certified Mail ❑ Fxpress Mail
❑ Registered eturn Receipt for MerchandisE
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label) M D r
P5 Form 3811, July 1999 Domestic Return Receipt 102595.00-M-0952

NCDA Agronomic Division 4300 Reedy Creek Road.. Raleigh, NC 27607-6465 [phone] Report No: W09027 W
Grower: Lutz, Wayne Copies To:
c/o Deerview Jersey Farm
So 300 Lutz Lane
Mocksville, NC 27028
Waste nalyszs emit Farm:
5/24/01
Davie County
Sample Info.
Laboratory Results arts per million`unless otherwise noted
I
Sample ID:
N
P K Ca Og
S Fe Mn Zn
CU B Mo
Cl C
1�
Waste Code,
LSD
Description:
Dairy Li . Slurry
Total 1817
1N -N
-NH4
-NO3
OR-N
Urea
264 1664 974 363
183 90.4 17.0 33.6
24.5 211
Na Ni Cd Pb At Se Li OH SS C:N DM%
CCF% ALE
480 6.52
_
Recommendations:
NutrientsAvaiiable<for F.irst.Cro
Ibs/7000 gallons
Other Elements
Ibs/7000 allons
Application Method
Irrigation
N Pz05 Kz0
6.1 3.5 13.3
Ca Mg' S.�_. Fe" Mn
53 21 .; 1 T 0.53 010
Zn co B Mb Ci
0.22 0.16 0.01
Na Ni Cd Pb
4 0
A! Se Li
i
(he waste product contains large amounts of nitrogen and zinc. Application rates should he based;on crop
r requirement unless zinc i5 accumulating to excess levels in the soil.

NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 [phone] Report No: WO6886 W
Grower: Lutz, Wayne Copies To: County Extension Director
300 Lutz Ln. USDA-NRCS-Davie
3/16/01
Mocksville, NC 27028
Waste A na yszs Rollort Farm: 30-10
Davie County
Sample Info.
Laboratory
Results (pa ts er million unless otherwise noted)I
Sample 1D:
N
P K Ca M S
Fe Mn Zn
Cu B
MO CI C
N PP1=
Total
1532
398 1275 833 387 179
101 11.6 12.4
3.35 2.29
1N -N
Waste Code:
-NH4
LSD
-NO3
Na Ni Cd Pb Al
Se Li PH
SS C:N
_
DM% CCE% ALE ,
304
6.69
Description:
OR-N
Daify Li . Slurry
Urea
Recommendations:
Nutrients Available for First Crop
Ibs/1000 gallons
other Elements
00000 gallons
Application Method
N P2Os K2O
Ca Mg S Fe Mn Zn Cu
B Mo Cl
Na Ni
Cd Pb Al Se Li
Irrigation
5.1
5.3 10.2
4.9 ' 2.3 1.1 0.59 0.07 0.08 0.02
0.01
2.5
i Broadcast
5.5
5.3 10.2
4.9 2.3 1.1 0.59 0.07 0.08 0.02
0.01
2.5
1.1

State of North Carolina 0
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Lutz
Deerview Jersey Farm
300 Lutz Lane
Mocksville NC 27028
Farm Number: 30 - 10
Dear Wayne Lutz: bdV l f—
' A
4 0 • 2
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 11,2009 AttEIVEID
N.C. Dept. of E H N F
JUL 12 2000
Win s'LCtrl--Salem
.legional Offico
You are hereby notified that Deerview Jersey Farm, in accordance with G.S_ 143-215.10C, must apply for coverage
under an Animal Waste Operation General Permit_ Upon receipt of this letter, your farm has sixty (60) dais to submit the
attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular
Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the
Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be
returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your
facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the
application.
The attached application has been partially completed using information listed in your Animal Waste Management
Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on
the application before returning the application package. The signed original application, one copy of the signed application,
two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to
complete the application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call Sue Homewood at [phone] extension 502 or
Melissa Rosebrock with the Winston-Salem Regional Office at [phone].
Sincerely,
c
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carol
Department of Envir meet
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Wayne Lutz
Deerview Jersey Farm
300 Lutz Lane
Mocksville NC 27028
Dear Wayne Lutz:
- A 4 O
oil 9
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
T'r[7 �il�-D
December 30, 1999 R F. �a
N.C. Dept. o E::HNh
.l A N 0 6 2000
U#inston-Sale rxf
Regional Offio
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 30-10
Davie County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY1, DRY2, DRY3, SLUR], SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerel
Kerr T. Stevens, Director
Division of Water Quality
M. Winston-Salem Regional Office
Davie County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
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State of North Carolio
Department of Environment
and Natural Resources
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Lutz
Deer -view Jersey Farm
300 Lutz Lane
Mocksville NC 27028
Dear Wayne Lutz:
AL1'T4P.';)W'J
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 27, 1999
_ RECEIVEp
I.C. Dei-A. cf EHNR
S E P - 9 1999
Win st -SaiLam
Re 'Ursa! Office
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Deerview Jersey Farm
Facility Number 30-10
Davie County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Rocky Durharn on 3119199 was made to review the actual number of acres at your
facility that receive animal waste during land application. The evaluation of your facility has yielded one of
the following two results as indicated by the box marked with an "X".
Category 1:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Rocky Durham the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Rocky Durham, at 585 Waughtown Street,
Winston-Salem, NC 27107, within in 90 days of the receipt of this letter. If you have any
questions please contact Rocky Durham at [phone]. If within 90 days you are
unable to provide Rocky Durham with the information you are automatically required
to complete a Wettable Acre Determination as described by Category 2 below, within
180 days of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
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Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
PIease be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens
cc: Winston-Salem Regional Office
Davie County Soil and Water Conservation District
Facility File

State of North Carolina•
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
May 10, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Lutz
300 Lutz Lane
Mocksville NC 27028
Dear Wayne Lutz:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
N.C. Dent, Of EFINR
MAY ?. 1 1999
INinstr .-Satem
Regional Offi'
cE3
Subject: Unpermittcd animal waste
Management System
Farm No.: 30-10
Deerview Jersey Farm
Davie County
This is to inform you that the Division of Water Quality (DWQ) has referred the subject facility to the
North Carolina Attorney General's Office for review and action_ This action has been taken because of your
failure to obtain and implement a Certified Animal Waste Management Plan (CAWMP) as required by 15A
NCAC 21-1.0217(e) and your failure to enter into a special agreement as proposed by the Environmental
Management Commission. The Attorney General's Office has been asked to review this matter and initiate
actions as appropriate, including but not limited to Injunctive Relief.
Please be advised that nothing in this letter or any action taken by the Attorney General's Office should
be taken as removing from you the responsibility or liability for failure to comply with the State of North
Carolina's Environmental Laws and Regulations. Thank you for your immediate attention to this issue. If
you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our
staff at [phone] est. 581.
Sincerely,
Kerr T. Stevens
cc: Regional Water Quality Supervisor - WSRO
Shannon Langley/Special Agreement Files
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

State of North Carolina*
Department of Environment
and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
MEMORANDUM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMELrS,AND NATURAL RESOURCES
RECEIVED
N.C. Dept. of EHNR
TO: Mr. Dan Oakley, Esq.
Special Deputy Attorney General PEAR 2 4 1999
FROM: Kerr T. Steven-5
teven Winston-Salem
SUBJECT: Request for Injunctive Relief Regional OffiCO
Unpermitted Animal Waste Management Systems
March 18,1999
In accordance with 15A NCAC 2H .0217 all animal waste management systems were required to
obtain and implement a Certified Animal Waste Management Plan by December 31, 1997. Facilities that
were unable to obtain and implement a CAWMP were given the opportunity to enter into Special Agreements
with the Environmental Management Commission if they had made a good faith effort to comply with 15A
NCAC 2H .0217. I reviewed applications for each of the attached facilities and proposed to enter into
Agreements with them. The facility owners however have failed to enter into an Agreement with the EMC
and continue to operate their animal waste management system without a permit as required by N.C. G. S.
143-215.1. Each of the attached facilities has been operating without a permit since January 1, 1998.
Specifically, these facilities are:
Name Owner Countv Farm Number
McCain's Dairy Terry McCain Randolph 76-31
Branson McCain
Will Frazier
Oakwood Farms
Thomas Lawrence
Randolph
76-13
Scenic Pork
Eddie Johnson
Surry
86-16
-Deerview-Jersey-~Wayne.Lutz
Davi
�30-10
Gene's Livestock
Eugene Hackett
Randolph
76-1 5
Piedmont Livestock
Joe Jones
Alamance
01-02
Please review these files and initiate actions as appropriate, including but not limited to Injunctive
Relief If you have any questions concerning the noted violations, you may contact or Corey Basinger for
sites in Randolph County, Jenny Rankin for sites in Surry County_ , Abner Braddy for sites in Davie County or
Mr. Shannon Langley for anv of these facilities.
cc: l.ar v Coble
Coleen Sullins
Dennis Ramsev
Corey Basinger
Jenny Rankin
.Abner Braddv
Shannon Langley
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

0
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Lutz
300 Lutz Lane
Mocksville NC 27028
Dear Wayne Lutz:
A
0 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECENM
N.C. Dept. of EH€ A
S E P 18 1998
Wins#UtI-SC
Regional Offic o
Subject: Special Agreement
Certified Animal Waste Management Plan
Deerview Jersey Farm
Facility Number: 30-10
Davie County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 11, 1998, the Environmental Management
Commission (EMC) proposed to enter into a special agreement with Wayne Lutz in order to
allow additional time for Wayne Lutz to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility. That proposed agreement was received by
you on July 20, 1998 with a response to the Division of Water Quality being due by August 3,
1998. To date, no signed agreement or response to the proposed agreement has been received.
Therefore, the subject facility is being operated without a valid permit and is subject to civil
assessments of up to $10,000.00 per day. If no response is received from you within 14 days of
your receipt of this letter, staff from the Division of Water Quality's regional office will be asked
to perform an inspection of your farm. If you are found to be in operation above the threshold
established by 15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated.
Please find enclosed another copy of the proposed Special Agreement. If you agree to abide
by the dates and terms of the attached schedule, you must sign, date and return the enclosed
documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14)
calendar days of your receipt of this letter. If you have already implemented your CAWMP,
please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of
your receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

4
0
Please be advised that noon in this letter should be taken as removing from you the
g Y
responsibility or liability for failure to comply with all terms and conditions of the North
Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates
and conditions of this agreement that are not met shall be subject to civil penalties, criminal
penalties, injunctions and all other enforcement tools available to the Division of Water Quality.
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 581 or Mr. Steve Lewis at [phone] ext. 539.
Sincerely,
AA. Preston Howard, Jr. P.E.
of
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
WSRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

0
NORTH CAROLINA •
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIE
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 30-10
WAYNE LUTZ
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Wayne Lutz, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph l (a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 30-10 S •
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice bf compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).

Farm Number: 30-10
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Deerview Jersey Farm
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Lutz
300 Lutz Lane
Mocksville NC 27028
Dear Wayne Lutz:
Alk
T
Y�WVVA •
r
NCDENR
NORTH CARouNA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
July 17, 1998 C 71 V E ❑
N.C,'. i...`tiPt. Gzi E H N
J1J L ? 0 1998
VViri -,to ri-Salernt
Reg i t7 n i- I OffiCe
Subject: Special Agreement
Certified Animal Waste Management Plan
Deerview Jersey Farm
Facility Number: 30-10
Davie County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 11, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Wayne Lutz in order to allow
additional time for Wayne Lutz to obtain and implement a certified animal waste management
plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycledt10% post -consumer paper

•
•
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 571 or Ms. Sonya Avant at [phone] ext. 571.
Sincerely,
x /-07�
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge Comphance/Enforcement Unit
DWQ Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files

0
NORTH CAROLINA •
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIE
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 30-10
WAYNE LUTZ
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Wayne Lutz, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Commission, an agency of the State
of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical to develop animal
waste management system which, once certified, will meet or exceed all
applicable guidelines and standards and will be able to comply with all aspects of
the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph I (a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 30-10
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

Farm Number: 30-10 ,
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Deerview Jersey Farm
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

i
SPECIAL AGREEMENTS
DAVIE COUNTY
# 30-3, Heay L. Walker
MRCS indicates that Mr. Walker met the September 1, 1996 date, has made good
faith efforts to comply, and has requested a realistic completion date (August 31,
1998). The Region recommends Special Agreement be entered into.
#30-22, Doug & Dale Blagkwelder
NRCS indicates that the Blackwelders met the September 1, 1996 date, have made
good faith efforts to comply, and have requested a realistic completion date (July
1, 1998), The Region recommends Special Agreement be entered into.
#30-10 Wayne Lutz
NRCS indicates that, despite the information given in "Date facility requested
assistance ...." (11-10-97), their records show 8-4-94 as the date, therefore he met
the 9-1-96 deadline. NRCS indicates Mr. Lutz has made good faith efforts to
comply, and only minor work remains. Mr. Lutz did not provide a projected
completion date. The Region recommends a Special Agreement be entered into,
with a completion date no later than December 31, 1998.

State of North Carolio
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne vicDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
i Lj _5je
�®o
N C�'Amw& N
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsOURCEs
NI E M 4 R A N D UyI RECElVED
V.C. Dept. of EHNFV ;
TO: Regional Water Quality Supervisor MAR 2 0 1998
FROM: Shannon Langley
Winston-Salj
em.
�
SUBJECT: Application for special agreement Regional Office
Please find attached a copy of application for special agreement for facility number3V —/y
If you have any questions, please call me at 733-5083, ext. 581.
ATTACHMENT
;,SSlrNED TO ff
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10%a post -consumer paper

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality RECEIVED
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANLNIAL OPERATIONS REQUESTLNG A SPECIAI AANOW)
I. GENERAL INFORMATION: WATER QUALITY SECTION
Non•Dlwh8cge COMIlance Eni.
1. Applicant (Owner of the Facility): WAS N a L tz 7Z=
?. Facility No.: _� D — ) 0
3. Facility Name: E 54)1 r,��) TU2, FA QAA-
4. Print or Type Owner's or Signing Officials Name and Title (the person who is
legally responsible for the facility and its compliance):
a. Mailing Address: -3 OD _L v T Z LA V £
City: bA OC KS U )LL r State: __�1C _ Zip:- Z 8 & 1q
Telephone No.: (:?3 ) I S -- f G / _
6. County where facility is located: -D Pmr _
7. Operation Type (Swine, Poultry, Cattle): 1DP u2= i CAT1 L F
8. Application Date: 2- -?_ y - q g,
H. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
September 1, 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreemit;nt shall set forth a schedule for the ope.-ator.to follow to obtain an
approved anima} waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
FORM SPAG 1198 Page 1 of 4

?. Efforts made since February 1, 1993 to develop and implement a certified animal
«'aste management plan (Use additional sheets if necessary). This surrimary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts sio-ned
D. Funds expended
E. Improvements made to the system
F. Animals removed and not retoacked at the facility
G. Other actions taken '
L r vgAn- &,�h aEAk_y Lys "e
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FORM SPAG 1/98 Pave 2 of 4 p
Tor.pK AAD TO Fyt 3o -44-c)3- /y AGwrrJ
REPs, t a-s F l P is 14t fo

II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary)..
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Applicant's Certification:
I, r.-e— wT , attest this application for a Special Agreement
with the ENfC has been r ewed by me and is accurate and complete to the best of my
kno-Jedge. I understand if all required parts of this application are not completed and if all
upon by myself and the EMC-will result -in appropriate enforcement actions being taken by the
EMC - - .
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L_ uTZ_
Print Name of Owner
Date`-�_-
Signature of O ner
FORM SPAG 1/98 Page 3 of 4

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Wayne Lutz
Deerview Jersey Farm
300 Lutz Lane
Mocksville NC 27028
Dear Wayne Lutz:
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
va
RECEIVr0
V.C. Dept. 01 EHINA
FEB 17 1998
Subject: Request for Status Update
Certified Animal Waste Management Plan
Deerview Jersey Farm
Facility Number: 30-10
Davie County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Conunission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Comniission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for -a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal opportunity Affirmative Action Employer 50 % recycled/10% post -consumer paper

Also attached is a form (Form 0/98) that must be filled out if the facility is Oger in operation or is
below the ducshold established in15A NCAC 2H ,0217(a)(1)(A). Facilities which nlam ain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 s\vine
1000 sheep
30,000 birds with a liquid system
Please subrnit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
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 subnut. 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.
Than}: you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 cic recycled/10 % post -consumer paper

tDivisiionof Soil ater Conservation p Other Agc4pDivision of Water Quality
Routine p Complaint p o ow -up v inspection p Follow-up of DSWC review p Other
Date of inspection
Facility Number
Time of Inspection ® 24 hr. (hh:mm)
® Registered p Certified p Applied for Permit p Permitted 10 Not 0perattona Date Last Operated:
Farm Name: Dcerview.Aersay.Farm........................... County: Davie WSRO
................................ ......
Owner Namc:.'1'ayne.................................... Lutz...........�..Q............ .... Phone l�`v: 9.111-:99BA1.61 ..........................................................
...... .
Facility Contact: same....................................................................Title: Owner ................................................ Phone No: same .........................................
Mailing Address: 3.0tl.Lu1z.Lane....................................................................................... Mor_ksxiJJc.N.0 ...................................................... Z7028 ..............
OnsiteRepresentative: W. ayne.U1z................................................................................ Integrator:.......................................................................................
Certified Operator:W..ayne.Lulz ...................................................................................... Operator Certification Nnmbcr:.........................................
Location of Farm:
acate .on. uiz. ane.m ..ts.o..n . ana. oa .::ap.p ?► :..::!m.. ear�ut .a ..t e....wy:..:....:aut�rsecxtau......................................................... +
a—
f
T
Latitude ©• ®4 ®41 Longitude ®• ® ®4�
Design Current 1jesignCurrent—
Swine Capacity Population Poultry Capacity Population
p Wean to Feeder
❑ Feeder to Finish
p Farrow to Wean
17 Farrow to Fee3er
❑ Farrow to Finish
❑ Gilts
p Boars
❑ ayer
❑ Non -Layer
Cattle Capacity Population
airy
® N -[)airy
❑ Other
Total Design Capacity 140
Total SSLW 196,000
Number of Lagoons / Holding Ponds l
—J ❑
u
sur ace
Drains
Present ❑
Lagoon Area [3 pray Re c r rea
❑
No
Liquid Waste
Management
System
General
1. Are there any buffers that need maintenance/improvement? []Yes ® No
2. Is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: []Lagoon ❑ Spray Field []Other
a. If discharge is observed, was the conveyance man-made? []Yes p No
b. If discharge is observed, did it reach Surface Water'? (lf yes, notify DWQ) []Yes ❑ No
c. If discharge is observed. what is the estimated flow in gal/inin?
-
d. Does discharge bypass a lagoon system? (If yes. notilj, D\N'Q)
[:I Yes
[]No
3. Is there evidence of past discharge from any part of the operation?
❑ Yes
® No
4. Were there any adverse impacts to the waters of the State other than from a discharge?
❑ Yes
® No
5. Does any part of the waste management system (other than lagoons/holding ponds) require
p Yes
® No
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
[]Yes
® No
7. Did the facility fail to have a certified operator in responsible charge?
[]Yes
p No
7I25197

act ity Number: 30-10
r8. Are there lagoons or storage ponds on site which need to be property closed?
Structures (Lagoons,Holdinj! Ponds, Flush Pits, etc.)
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure l Stricture 2 Structure 3
Identifier:
Structure 4
Freeboard(ft):................ft................................................................................................
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
Structure 5
IS. Crop type .......Cutn.4Sizage.&.Gratin.)....... ..................
16. Do the receiving crops differ with those designated to t�e Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
IS. 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 Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
. . o.viu tions.or .reren.c[es-were.note -during. this visit:. ou. will.receive no.further...
. ...:.epee;�b�utt�iis.. ..:..:•:•:•:•:•:•:•:.:•:•:..:•:•:•:•:.:•:•:•:•:•:•:•:•:•:•: : :
p Yes ® No
p Yes M No
Structure 6
p Yes ® No
p Yes ® No
p Yes M No
® Yes p No
p Yes Cl No
p Yes p No
❑ Yes ® No
p Yes ®No
❑ Yes IN No
p Yes ® No
Yes ® No
p Yes p No
p Yes p No
❑ Yes p No
p Yes p No
Comments -(refer to -question #): Explain any YES answers and/or any recommendations.or anyother'eotnments:
Use drawings -of facility to betterexplaiti, situations (use'additional pages as necessary)
The Deerview Jersey Farm is in the process of getting certified. The farm appeared well managed and.no major problems noted.
AL
The CAWMP may need to address cattle exclusion along streams due to visible erosion.
Question (7) Wayne Lutz is to take the exam in October.
Question (13) The maximum level marker for the holding pond has yet to be installed.
Questions (16, 22; 23, 24, 25) Plan not yet certified.
7/25/97
-_
Reviewer/Inspector Name IMikc Mickey _
Reviewer/Inspector Signature: Date:

State of North Caroli
Department of Environ t enf,
Health and Natural Resources 1 •
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary U., Him 1 iN FZ
A. Preston Howard, Jr., P.E., Director }
April 3, 1997 N.C. Dept.. of EHNR
Wayne Lutz APR 0 7 1997
Deerview Jersey Farm
309 Lutz Lane Winston
Mocksville NC 27028
Regional Office
SU13JECT: Notice of Violation
Designation of Operator in Charge
Deerview Jersey Farm
Facility Number 30-40
Davie County
Dear Mr. Lutz:
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated -
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
)", 1.'X-41�-'
for
Steve. W. Tedder, Chief
Water Quality Section
cc: Winston-Salem Regional Office
Facility File
Enclosures
P.O. Box 29535, ��ye FAX [phone]
Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmative Action Employer
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