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HomeMy WebLinkAbout760012_CORRESPONDENCE_20171231} �O G � r O `C September 1, 2006 MR. ARLIN BUTTKE BUTTKE DAIRY ENTERPRISES FARM 5796 WALKER MILL ROAD RANDLEMAN, NC 27317-7319 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: Phosphorus Loss Assessment Tool Buttke Dairy Enterprises Farm Permit Number NCA376012 Randolph County Dear Mr. Buttke: Alan W. Klimek, Y.E. Director Division of Water Quality RECEIVED SEP 0 12006 Winston-5alom Regional Office The Division's records show that a completed PLAT Form has NOT been submitted for this facility. An extension from the due date of January 10, 2006 was requested and ample time has been allowed for submittal. If our records are in error please resubmit the completed PLAT Form for this farm, If the PLAT Form has not been submitted, please do so by October 1, 2006. Condition I.6 of your NPDES Permit states: "If prior to the expiration date of this permit either the state or federal government establishes Phosphorus loss standards that are applicable to land application activities at a facility operating under this permit, the Permittee must conduct an evaluation of the facility and its CAWMP under the requirements of the Phosphorus loss standards to determine the facility's ability to comply with the standards. This evaluation must be documented on forms supplied or approved by the Division and must be submitted to the Division. This evaluation must be completed by existing facilities within six (6) months of receiving notification from the Division. The method of evaluation is the Phosphorous Loss Assessment Tool (PLAT) developed by NC State University and the Natural Resources Conservation Service. PLAT addresses four potential loss pathways: leaching, erosion, runoff and direct movement of waste over the surface. Each field must be individually evaluated and rated as either low, medium, high or very high according to its Phosphorus loss potential. The ratings for your farm must -be reported to DWQ using the attached certification form. The PLAT forms must be kept as records on your farm for future reference. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have any questions regarding this request, please do not hesitate to contact Duane Leith at (919) 715-6186 or contact the Winston-Salem Regional Office at (336) 771-5000. Thank you for your cooperation. Sincerely, Duane Leith Animal Feeding Operations Unit cc: Winston.=Salem-Regional-Office, Aquifer Protectio Secfion Facility File 76:1'2r�� N r hCarolma Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.ncwaterquality,Qg Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycledlf 0% Post Consumer Paper Customer Service: (877) 623-6748 —A Q NCDAACS Agronomic Division Phone: (919)733-2655 Web Site: viww.ncagr.com/amonomi/ Report- W08378 6rowel: _ Buttke Dairy Interprise Copies '!'u: 5796 Walker Mill Rd. • 1>:altdll'FllallvL 273I% Waste Analysis effort 4/z 2006 Randolph County Sample lnformatian I Laboratory Results (parts per million unless otherwise uoted) Sample ID: A., P k Cir 1119 S' le ,1lrr A Cu 13 310 CI C SSL Iu1al 20581) Itsi5 ;16 201 4SA, ]'.9 I.79 1.')5 11.3 0.93 le Code: C)\1 I,F I. -:1Hr A't7; ,17r A'i C'd Pb ,t! Se Li PI/ S5 C.':1 D31% MY% aLE(KE11) DescrlPtlOrr: !)R-:1' 413 8.96 Dairy 1.' . 5!ttrn 1:rea Recommendations, Nutrients Available for First Crop Ibsf1000 allons other Flements lbs/l000 Ralions A1pplicution,ifelbod A' PXJ5 Kjo Crr ,fig S Fe ,ifll 2t1 CM B 1110 C1 so Ni CA Pb Al Se Li Broadcast 0.75 0-78 94 2.0 1.2 0.28 0.10 0.01 0.01 0.10 0.01 3.5 Sumple Information laboratory Results (parts per million unless otherwise noted) Sample ID: A P X Crr A19 S Fe AM zn eft B alto t l C CONC Total 1958 970 I247 7097 t074 259 ij2 55.9 17.6 52.4 2.73) Ir1r-A' Waste Code. -_ Ht !SD -_I'03 +fir A7 Cd PG it Se Li PH XN ON VIVY6 GC'Ex II(Kp,il) Description: OR-N 539 7.82 Dal Li .5lurry Lrrert Recommendations: Nutrients Available for First Crab 1b0640 RWIM1.5 Other Elements 1bs/I000 gallons A icr3fiwAfetbod N P205 9-10 Ca ,ilg S Fe AN 7.0 Cu R hfo CI A'a A'i Ci Pb Al se Li Avast 7.0 13.0 1O.0 41-4 6.3 1.5 0.39 0.33 0.12 0.35 0.02 4.5 The AISte product COHMins hu w. amounts of nitrogen, phosphonis, and copper. rile A lc should be applied at rates needed to meet crop nitrogen requirement Unless phosphorus or copper are restrictive. Ueu soil test P is very high and Ille site is vulnerable to phosphorus movement to warby surface water• limit application of P to estimated crop removal of this element. Limit copper application as necessary to amid cxcess aCCUM012tiN Of Illis element ill 1110 Wil. The wztc product contains a large amount of sodiurn. 711is eleruew can accumulate in souls utlere it replaces c.;lctum and contributes to excess soluble salts. Sodium may also damage the foliage of sensitive plants % ttere the waste is a li uid and applied in orcrllcnd irftitlun slstams. ;Monitor sodium accumulation in the soil where the waste is routinely applied. 0 CV o. NCDA&CS Agronomic Division Phone: (919)733-2655 Web Site: %V",-ucagr.cow/a onomi/ Grower: Bunke Dairy Report: W08378 Page-2 Sample information laboratory Rcsalts (parts per million unless otherwise noted) Srrruple 19. A, P JS Cie ILz S Fe Ad Zie Cre R mo BSBI, lCasle Corte: 18k1 r Description. B la 7 Daiq U . Shun- I 1bkr1 4113 d e.A7)� OR-!V urea 3113 ;9,1 1021 321 200 +5.'L 16.3 1.% 1.81 12.i 0.91 ;fir Ai (rl P!, tr Se Ii plI SS f,:-r1 hL11 , C.'r:Pt U.1:ftal) fill S.91 Recommendations: iutr'ieuts available fur First Crop lbs1low galloas Other F.lemcuts lbs/1000 gallons Applicaliall:lfed.nrl Broadmast :V 0. P205 K20 Crr :1i, .S Fe ,1Gr 0.79 8.2 1.L) 1.2 t1.26 0.10 ft.01 Ad Cie ll 0.01 0.08 0.01 310 C9 IYa 3.4 Ni Cd Pb _11 Se Li luple luforutatiuu Laburalory Results (parts per ntilliou ouless otherwise noted) la: ,Wastf, N P K GI it, S To .11rr 71, Cer B i10 €1 C Imple Db1SS Code: SSII Descriplloa: Riiry Surfice Scraped Tora! _VH4 J03 i1R-:l` urea t I'k t 178- 7129 a7L [996 1093 1G8 103 84.3 37.1 22.0 11, NY C.'d Pb ,Il .Se I.i P11 SS C.-N AIA C(00 1L0011s) 1148 8732 Recommendations: Nutrients Available for First Crop lbs/torr reef basis Ifther Elements lbsltan oet basis <Iplrlcalion.Velkod RTUli{lMS1 :V 8.4 P,Oi K20 OF mg .S Fe Alm 4.3 13.1 1.8 2,1 1.1 U-th 0.11 711 Crr li 0.09 0.0'i Q.02 Alf) (I �'a 2.0 Ni r,d A Al Se I.I Sample Information Laboratory Results (parts per million unless othemise noted) Sample LO. N P IC Cn xg S Fe 'Hn bt CM 11 AM rd C DMBS WOMIC Cade; . k!,VSurface Sm.a Total LV-rV -2VH4 -NO3 OR-IV575 their 15855 3324 12946 9167 3022 1826 860 220 1111 32.5 17.2 IVrr Ni Gd A Al Se Ii II SS ON DAM CCE,% aEB IonsriptloA: 85-411 Reeotumeudations: ilutrieuts Available for First Crop !bs/turt feet bads Other Elements lbsnosr wet basis elpplicrrlion Afelhod BroadCa_tt N 11.1 • PA)5 K-V Ca M S Fe AM 7.S 21.Z 9.4 3.1 1.9 0.88 0.23 Tar Of H 0.12 0.03 0.02 MO C'l Na 0.9R IVi of P6 Al Al I.i Is- 0 ■ Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle TracrRLIN :.5 Field Facility Numbe 12-A71 Field Size (acres) _ { Farm OwnBUTTKE Spreader Operato BRIAN SOUTHER Owners AddreEMAN NC Spreader Operators Addres TATESVILLE NC Owners Phone-1393 Operators Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading 3 CS (lb/acre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb/1000 gal) PAN Applied (Iblac) {(5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/21 /2006 69 6300 434700 14735.59322 7 103,1491525 110.8508475 C 4/11/2006 65 6300 409500 13881.35593 7 97.16949153 13.68135593 C 0 0 0 13.68135593 0 0 0 13.68135593 Crop Cycle Total 28616.94915 200.3186441 Owners Signature -LI 1171k Operators Signature 'JE — $!a/fv/� �, /i � Certified Operator (Print)BI'lan Souther Operator Certification # 21637 i Form SLUR-2 Tract Field Field Size (acres) = (o Farm Owns Owner's Addre! Owners Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle BUTTKE F EMAN NC -1393 Facility Numbe 12-A Spreader Operato BRIAN SOUTHER Spreader Operator's Addres TATESVILLE NC Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading • CS (Iblacre) = (B) 214 111 l21 (1) ldl (5) VI, 17) MY (9) Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb11000 gal) PAN Applied (Iblac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/21/2006 9 6300 56700 14538.46154 7 101.7692308 112.2307692 C 4/11/2006 9 6300 56700 14538.46154 7 101.7692308 10.46153846 C 0 0 0 10.46153846 0 0 0 10.46153846 Crop Cycle Totals 29076.92308 1 203.5384615 QJL(. Owners Signature Operators Signature K. 30taft Certified Operator (Print)Brian Souther Operator Certification # 21637 f�J Form SLUR-2 0 I L Tract Field Field Size (acres) = () Farm Own Owner's Addre: Owner's Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Facility Numbe 12-A Spreader Operato104-450-8363 RIAN SOUTHER Spreader Operators AddresTATESVILLE NC Operator's Phone From Animal Waste Management Plan Recommended Pk(q rP C;'l Crop TypePAN Loading 0 S (lb/acre) = (B) 214 f1l 191 f31 (4) f51 /61 (7) M f91 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb11000 gal) PAN Applied (Iblac) ((5) x (6)} 11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/22/2006 24 6300 151200 14970.29703 7 104.7920792 109.2079208 C 4/14/2006 23 6300 144900 14346.53465 7 100.4257426 8.782178218 C 0 0 0 8.782178218 0 0 0 8.782178218 Crop Cycle Totals 29316,831681 1 205.21782181 Owner's Signature LOperator's Signature K. S"144 Certified Operator (Print) Brian Souther Operator Certification # 21637 0 4 Form SLUR-2 Tract Field Field Size (acres) = () Farm Owns Owner's Addre, Owners Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Facility Numbe 12-A Spreader Operato104-450-8363 RIAN SOUTHER Spreader Operators AddresTATESVILLE NC Operator's Phone From Animal Waste Management Plan Recommended Crop Type PAN Loading S (lb/acre) = (B) Z14 11,71 1-1 1ati 1r,l ln) 17) M M Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb/1000 gal) PAN Applied (Ib/ac) J(5) x (6)) 11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/23/2006 65 6300 409500 14890.90909 7 104.2363636 109.7636364 C 4/13/2006 62 6300 390600 14203.63636 7 99.42545455 10.33818182 C 0 0 0 10.33818182 0 0 0 10,33818182 Crop Cycle Total 29094.54545 1 203.6618182 Owners Signature QAL AA Operator's Signature K. 4 Certified Operator (Print)Brian SoUtber Operator Certification # 21637 0 49 Form SLUR-2 i Tract Field Field Size (acres) = (j Farm Own Owners Addre: Owners Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Facility Numbe 12 A Spreader Operato BRIAR SOUTHER NC Spreader Operators AddresspLATESVILLE NC Operators Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading S (lb/acre) = (B) 214 - S CZ PA N 111 191 (14) 1a1 (S) 1B1 171 M rk» Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb/1000 gal) PAN Applied (Iblac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/2/2006 35 6300 220500 12600 0.75 9.45 204.55 C 3/27/2006 40 6300 252000 14400 7 100.8 103.75 C 4/28/2006 50 6300 315000 18000 0.73 13.14 90.61 C 0 0 0 90.61 Crop Cycle Totalo 450001 1 123.391 Owners Signature Operators Signature Certified Operator (Print)f3rwan Souther Operator Certification # 21637 0- Form SLUR-2 0 4 Tract Field Field Size (acres) = (j Farm Own Owner's Addre, Owner's Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle 137 1 1 .4 3 RLIN BUTTKE RANQLEiW4N NC 3fi-495-1393 Facility Numbe 12 A Spreader Operato BRIAN SOUTHER Spreader Operator's Addre TATESVILLE NC Operator's Phone 04-450-8383 From Animal Waste Management Plan Recommended Crop Type PAN Loading S (lb/acre) = (B) 214 02 3 4 ? R (1 ) (2) r141 (a) IM r61 M (R) rai Date (mmldd/yr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gavac) (4)1(A) Waste Analysis 2 PAN (lb11000 gal) PAN Applied (Iblac) ((5) x (6)? 11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/1/20061 135 6300 850500 15079.78723 0.75 11.30984043 202.6901596 C 3/24/2006 160 6300 1008000 17872.34043 7 125.106383 77.5837766 C 4/27/2006 135 6300 850500 15079.78723 0.73 11.00824468 66.57553191 C 0 0 0 66.57553191 Crop Cycle Totals 48031.91489I 1 147.4244681 i"', ] ice" K. 500144 Owner's SignatureOperator's Signature Certified Operator (Print) Man Souther Operator Certification # 21637 Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract 200 Field Facility Numbe 12 A Field Size (acres) = (A 16.5 Farm Owne RLIN BUTTKE Spreader Operato RIAN SOUTHER Owners Addres RANDLEMAN NC Spreader Operator's Addres TATESVILLE NC Owners Phone 36-495-1393 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading �l . S (lb/acre) = (B) 14 1 2 3 4 5 6 7 8 9 Date (mnUddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb/1000 gal) PAN Applied (Iblac) ((5) x (6)? 11,000 Nitrogen Balance 3 (Iblac) (8) - (7) Weather Code 4/17/2006 40 6300 252000 15272.72727 0.73 11.14909091 202.8509091 C 4/28/2006 40 6300 252000 15272.72727 0.73 11.14909091 191.7018182 C 0 0 0 191.7018182 C 0 0 0 191.7018182 Crop Cycle Totals 30545.45455 22.2981 8182 c K. Owners Signature Operators Signature 504994 Certified operator (Print)Brian Sou#her Operator Certification # 21637 W Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle • Tract 200 Field Facility Numbs 12-A 71 Feld Size (acres) _ (A 18.8 Farm Owne RLIN BUTTKE Spreader Operato RIAN SOUTHER Owners Addre DLEMAN NC Spreader Operators Addre TATESVILLE NC Owners Phone 36-495-1393 Operators Phone 04-450-8363 From Animal Waste Management Plan Recommended 23 Crop Type PAN Loading -7 S (lb/acre) = (B) 214 c (1) (2) (3) (4) (5) (6) (7) (8) (9) Date [mm►ddlyr? of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis Z PAN (Ib11000 gal) PAN Applied (Iblac) ((5) x (6))11,000 Nitrogen Balance 3 (iblac) (B) - (7) Weather Code 4/13/2006 55 6300 346500 18430.85106 0.73 13.45452128 200.5454787 C 4/27/2006 50 6360 315000 16755.31915 0.73 12.23138298 188.3140957 C 0 0 0 188.3140957 C 0 0 0 188.3140957 Crop Cycle Totals 35186.17021 1 25.68590426 Owners Signature Operators Signature PaAo,K. Sot4ft Certified Operator (Print)Brian Southef Operator Certification # 21637 Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract g200Field Facility Numt�erf2AField Size (acres) = (A 1Farm Owne KE Spreader Operato BRIAN SOUTHER Owner's Add N NC Spreader Operators Addre TATESVILLE NC Owners Phone 3 Operators Phone 04-450.8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading S (Iblacre) = (B) 214 -2 3 (1) (2) (3) (4) (5) T-11 (7) (8) (9) Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gavac) (4)1(A) Waste Analysis 2 PAN (lbN000 gal) PAN Applied (Iblac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 4/15/2006 35 6300 220500 17500 0.73 12.775 201.225 C 4/28/2006 37 6300 233100 18500 0.73 13.505 187.72 C 0 0 0 187.72 C 0 0 0 187.72 Crop Cycle Totals 36000 26.281 � Owners Signature Operators Signature K. S Certified Operator (Print) j rjan Souther Operator Certification # 21637 49 Form SLUR-2 0 Tract Field Field Size (acres) = (y Fart Own4 Owners Addres Owner's Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle V4.3 BUTTKE EMAN NC -1393 Facility Numbe 12-A Spreader Operato. BRIAN SOUTHER Spreader Operator's Add TATESVILLE NC Operator's Phone 04�50-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading S (lb/acre) = (B) (1) (2) (3) (4) (5) (6) (7) I(A (91 Date (mmIddlyrI # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gagac) (4)1(A) Wane Analysis 2 PAN (lb11000 gal) PAN Applied (lb/ac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 4/14/2006 65 6300 409500 16851.85185 0.73 12.30185185 191.6981481 C 4/26/2006 65 6300 409500 16851.85185 0.73 12, 30185185 179.3962963 C 0 0 0.73 0 179.3962963 C 0 0 0 179.3982963 Crop Cycle Totaial 33703.70371 l 24.60370371 Owner's Signature Operator's Signature'' �•" Certified Operator (Print)Brian Souther Operator Certification # 21637 Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract 137 Fie{d Facility Numbe 12-A Field Size (acres} _ (A 17.5 Farm Owne RLIN BUTTKE Spreader Operato;04-450-8363 RIAN SOUTHER Owner's Addres RANDLEMAN NC Spreader Operators AddresTATESVILLE NC Owner's Phone 36-495-1393 Operators Phone From Animal Waste Management Plan Recommended Crop Type PAN Loading • S (lb/acre) = (B) 214 -2 311 (1) (2) (3) (4) 4 (5) (6) (7) (8) rf-I Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb11000 gal) PAN Applied (Iblac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/28/2006 40 6300 252000 14400 7 100.8 113.2 C 4/26/2006 60 6300 378000 21600 0.73 15.768 97.432 C 0 0 0.73 0 97.432 C 0 0 0 97.432 Crop Cycle Totalo 360001 1 116.5681 Owner's Signature Operators Signature K. Certified Operator (Print)Brian Southef Operator Certification # 21637 .l Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract 1980 Field Facility Numbe 12-A771 Field Size (acres) _ (A136i-495-1393 Farm OwneUTTKE Spreader OperatorBRIAN SOUTHER Owners AddresEMAN NC Spreader Operators AddressTATESVILLE NC Owner's Phone Operators Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading . S (lb/acre) _ (B) 1 4 4 1 2 3 4 5 6 7 8 9 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lbII000 gal) PAN Applied (Iblac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/21 /2006 113 6300 711900 12622.34043 7 88.35638298 91,64361702 C. 4/6/2006 110 6300 693000 12287.23404 7 86.0106383 5.632978723 C 0 0 0 5.632978723 0 0 0 5,632978723 Crop Cycle Total 24909.57447 174.3670213 { Owner's Signature Operators Signature D K. SO444 Certified operator (Print)Brian Souther Operator Certification # 21637 4 Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract 1980 Field Facility Numbe 12-A Field Size (acres) _ {A 9 Farm Owne RLIN BUTTKE Spreader Operato104-450-8363 RIAN SOUTHER Owner's Addres RANDLEMAN NC Spreader Operator's AddresTATESVILLE NC Owner's Phone 36-495-1393 Operators Phone From Animal Waste Management Plan Recommended Crop Type PAN Loading S (lb/acre) = (B) 1 (1) (2) (3) (4) (5) (6) (7) (8) (9) Date (mmldd/yr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb11000 gal) PAN Applied (Iblac) ((a) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/21 /2006 7 6300 44100 11307.69231 7 79.15384615 100.8461538 C 4/6/2006 7 6300 44100 11307.69231 7 79.15384615 21.69230769 C 0 0 0 21.69230769 0 0 0 21.69230769 Crop Cycle TotaI4 22615.38462 158.3076923 A �. Owner(1141s SignatureAJIt—Operators Signature 5ftaft Certified operator (Print) Brian Souther Operator Certification # 21637 .1 Form SLUR-2 Tract Field Field Size (acres) = (A Farm Owne Owner's Addres Owners Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle BUTTKE F EMAN NC -1393 Facility Numbe 12-A Spreader Operato BRIAN SOUTHER Spreader Operator's Addres TATESVILLE NC Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading CS (Iblacre) = (B) 1 A0 (1) (2) (3) (4) (5) (6) (7) (8) (9) Date (mm/ddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb11000 gal) PAN Applied (Iblac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/21 /2006 10 6300 63000 14318,18182 7 100.2272727 10.77272727 C 0 0 0 10.77272727 C 0 0 0 10.77272727 0 0 0 10.77272727 Crop Cycle Totals 14318.18182 100.2272727 Owner's Signature0,41.14-1Operators Signature Aam... 4 Certified Operator (Print) Brian Souther Operator Certification # 21637 Form SLUR-2 • L Tract Field Field Size (acres) = (; Farm Own( Owners Addres Owners Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle 1519 1 � .1 RLIN BUTTKE ;RANDLEMAN NC ;4336-495-1393 Facility Numbe 12-A 771 Spreader OperataIo4-450-8363 SOUTHER Spreader Operators AddresTATESVILLE NC Operators Phone From Animal Waste Management Plan Recommended Crop Type PAN Loading CS (lb/acre) = (B) 1 0 (1) (2) (3) (4) (5) (6) (7) (8) (9) Date (mm/ddtyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gadac) (4)1(A) Waste Analysis 2 PAN (lb11000 gal) PAN Applied (lblac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/20/2006 12 6300 75600 12393.44262 7 86.75409836 93.24590164 C 4/10/2006 12 6300 75600 12393.44262 7 86.75409836 6.491803279 c 0 0 0 6.491803279 0 0 0 6.491803279 Crop Cycle Totals 24786.88525 173.5081967 Owners Signature 76f— Operators Signature 94�" K. Certified Operator (Print) Brian Souther Operator Certification # 21637 Form SLUR-2 is 4 Tract 136-495-1 519 Field Field Size (acres) = (A6.4 Farm OwneRLIN BL Owners AddresANDLEA Owner's Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Facility Numbe 12-A Spreader Operato BRIAN SOUTHER Spreader Operator's Address TATESVILLE NC Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended_ Crop Type PAN Loading S (lb/acre') _ (B) 1 �p (1) 191 131 1d1 1A1 1R1 171 (Al 191 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gauac) (4)1(A) 1Naste Analysis 2 PAN (lb11000 gal) PAN Applied (Iblac) ((a) x (6)} 11,000 Nitrogen Balance 3 (lblac) (B) - (7) Weather Code 3/20/2006 40 6300 252000 15365.85366 7 107.5609766 72.43902439 C 4/10/2006 25 6300 157500 9603.658537 7 67.22560976 5.213414634 C 0 0 0 5.213414634 0 0 0 5.213414634 Crop Cycle Totals 24969.5122I I 174.7865854I Owner's Signature AJc Operator's Signature Certified Operator (Pdnt)Broan Souther Operator Certification #, 21637 40' Form SLUR-2 Tract Field Field Size (acres) = (/ Fans Ownc Owner's Addres Owner's Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle 1980 1 1 .3 RLIN BUTTKE RANDLEMAN NC 36-495-1393 Facility Numbe 12-A Spreader 0perato RIAN SOUTHER Spreader Operator's AddresskSTATESVILLE, NC Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading S (Iblacre) = (8) 1 6 13 0 1- (1) (2) (3) (4) (5) (6) (7) (8) (9) Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (Ib11000 gal) PAN Applied (Iblac) t(5) x (6))11,000 Nitrogen Balance 3 (lblac) (B) - (7) Weather Code 3/20/2006 21 6300 132300 18123.28767 7 126.8630137 9.136986301 C 0 0 0 9.136986301 C 0 0 0 9.136986301 0 0 0 9.136986301 Crop Cycle Total 18123.28767 �126.86301371 Owner's Signature Operator's Signature 94" K. 5ft4lft Certified Operator (Print) BrIan Southe Operator Certification # 21637 Form SLUR-2 0 Tract Field Field Size (acres) = (� Farm Owns Owner's Addre: Owner's Phone Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Facility Numbe 12-A Spreader Operato BRIAN SOUTHER Spreader Operator's Addres TATESVILLE NC Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading S (lb/acre) = (B) 6 rl) (2) r31 r41 (5) rGAI UFAI (a) rfll Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (lb/1000 gal) PAN Applied (lb/ac) ((5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/20/2006 6 6300 37800 18000 7 126 10 C 0 0 0 10 C 0 0 0 10 0 0 0 10 Crop cycle Totaisl 18000 1 1 1261 Owner's Signature ovic Operator's Signature $h K. Sow Certified Operator (Print)Bylan Southey Operator Certification # 21637 U Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle TractFRANDEMAN, Field Facility Numbe 12-A Field Size (acres) = (A Farm OwneKE Spreader Operato BRIAN SOUTHER Owners AddresiVC Spreader Operator's Addres TATESVILLE NC Owner's Phone3 Operator's Phone 04450-8363 From Animal Waste Management Plan Recommended ( ze Crop Ty PAN Loading 0 CS (lb/acre) = (B) 1113 (1) (2) (3) (4) (5) (6) ' (7) (8) 4 (91 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gallac) (4)1(A) Waste Analysis 2 PAN (Ib11000 gal) PAN Applied (Ibiac) ((5) x (6)} 11,000 Nitrogen Balance 3 (Iblac) (B)-(7) Weather Code 3/21 /2006 60 6300 378000 15059.76096 7 105.4183267 7.581673307 C 0 0 0 7.581673307 C 0 0 0 7.581673307 0 0 0 7.581673307 Crop cycle Totaliq 15059.76096 105.4183267 0Owner's Signature L Operator's Signature Certified Operator (Print) Bnan Souther Operator Certification # 21637 i, Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract 131 Field Facility Numbe 12-A 71 Field Size (acres) = (A 10.1 Farm Owne RLIN BUTTKE Spreader Operato104450-8363 RIAN SOUTHER Owner's Addres RAN©LEMAN NC Spreader Operator's AddresTATESViLLE NC Owners Phone 36-495-1393 Operator's Phone From Animal Waste Management Plan Recommended Crop Type PAN Loading CS (lb/acre) = (B) 1191. (i) (2) r31 141 lsi (B) (7) (Al /91 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) (2) x (3) Volume Per Acre (gaUac) (4)1(A) Waste Analysis 2 PAN (IbI1000 gal) PAN Applied (Iblac) {(5) x (6))11,000 Nitrogen Balance 3 (Iblac) (B) - (7) Weather Code 3/23/2006 22 6300 138600 13722.77228 7 96,05940594 98.94059406 C 4/13/2006 20 6300 126000 12475.24752 7 87.32673267 11.61386139 C 0 0 0 11.61386139 0 0 0 11.61386139 Crop cycle Totals 26198.0198 1 183.3861386 QzzOwners Signature Operator's Signature F:,4 " W. " 444 Certified operator (Print) Brian Souther Operator Certification # 21637 I* west buttke • Subject: west buttke , From: Brian Lambe <Brian.Lambe@ncmail.net> Date: Fri, 27 Jan 2006 09:25:50 -0500 To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> I was inspecting the breached Buttke Lagoon on 1 /26/06. I was inspecting to see if the breech had been stabilized, in which the grass was slowly coming up, but the rock (shale) was not sufficient to adequately control sedimentation and had washed away. I will be sending him a letter concerning this issue. On inspection of the West Buttke Lagoon across the street, I felt the dam was in the same issue as the aforementioned lagoon. The high water mark of the reservoir will come up the toe of the dam. I urge you to pursue this issue. Call me if you need anything. Thank you, Brian Lambe Brian Lambe NC DENR Winston-Salem Regional Office Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 224 FAX: (336) 771-4631 -----.-.-.-- - - -- , Brian Lambe <Brian.Lambe(@,NCmail.net> W SRO NC DENR 0 loft 1/30/2006 10:44 AM N. Animal Wast orage Pond and Lagoon Clos eport Form ° gt"01 sr4 a (Pleaseor print all information that does not require nature) JAN 3 7. n4 General Information: �'; �ston_5alern Name of Farm: Bunke Dairy EateiWises, 112g.__. Facility No: 76 _ 1 legional Office Owner(s) Name: Arlin E- Btrttke Mailing Address: 5796 Walker Mill Road Phone No: (336) 495-1393 Randleman, NBC 27317 County: Randolph Operation Description (remaining animals only): a Please check this box if there will be no animals on this farm after lagoon closure. If there will still be animals on the site after lagoon closure, please provide the following information on the animals that will remain. Operation Description: Type of Swine No. of Animals • Wean to Feeder O Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder • Farrow to Finish • Gilts ❑ Boars Type of Poultry No, of Animals ❑ Layer ❑ Non -Layer Type of Beef No. of Animals • Brood • Feeders ❑ Stockers Other Type of Livestock: Will the farm maintain a number of animals greater than the 2H .0217 threshold? Will other lagoons be in operation at this farm after this one closes? Type of Dairy 1A Milking 4 Dry ❑ Heifers • Calves No. of Animals Number of Animals: Yes ill No Cl Yes a No ❑ How many lagoons are left in use on this farm?: 3 (Ttiese are Waste Storage ponds Not Lagoons) . (Name) Melissa Rosebrock of the Water Quality Section's staff in the Division of Water Quality's -y irstrn sWFm _- Regional Office (see map on back) was contacted on 7/26105 (date) for notification of the pending closure of this pond or lagoon. This notification was at least 24 hours prior to the start of closure, which began on 10 24,L05 (date). I verify that the above information is correct and complete. I have followed a closure plan, which meets all NRCS specifications and criteria. I realize that i will be subject to enforcement action per Article 21 of the North Carolina General Statutes if I fail to properly close out the lagoon. Name of Lan r (Please Siannhirim 4 inn q E. Buttke Date: — j 6 - 0 T The facility has followed a closure plan which meets all requirements set forth in the NRCS �1��•.�, Standard 998. The following items were completed by the owner and verified by me: alt�loa>,,�a6� have been removed and land applied at agronomic rate, all input pipes have been remove all8pej E A L stabilized as necessary, and vegetation established on all disturbed areas. & 11602 ._�= Name of Technical Specialist (Please Print): F. Grabam, P.E. Affiliation: Ermirotaaental ne -Engii Services • ti y Address (Agency .O. R2x4 , , NC 28315 Phone No.: OVCFV.*9951252 Signatur Date: -/ //d Zn . . If Return within 15 days following completion of animal water storage pond or lagoon closure to: N. C. Division Of Water Quality- Water Quality Section Compliance Group 1617 Mail Service Center Raleigh, NC 27699-1617 is 0 NCDENR RECEIVED North Carolina Department of Environment and Natural ResourceN.C. Dept. C)f f:J-f n1r.. Division of Land Resources OCT 132005 Land Quality Section F James D. Simons, P.G., P.E. Director and State Geologist October 10, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Arlin Buttke 5796 Walker Mill Road Randleman, North Carolina 27317 RE: Approval to Breach Buttke Dairy Lagoon Dike Randolph County RANDO-155 Dear Mr. Buttke: Michael F. Eagve�rior"'� William G. RasAN '"' `" a�yi i 1 t ti, t; OCT 12 2W5 . � W�nst�n•5�+r- This is in response to your submission dated August 26, 2005 -and October 6,2005 and received on August 31, 2005 and October 10, 2005 respectively of plans, specifications and design data for the breach of the subject dam in compliance with the Dam Safety Law of 1967. The minimum application processing fee of $200.00 (Check No. 79609) was also received on August 31, 2005. The plans, specifications and design data were prepared under the supervision of Mr. Larry Graham, PE. This letter constitutes approval of your proposal to breach the subject dam according to the plans and specifications received by this Division on August 31, 2005 and October 10, 2005 with,the following stipulations: 1. Project breach activities shall be supervised by Mr. Larry Graham, PE. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 3. Upon completion of the project, Mr. Larry Graham, PE shall inspect the completed work and upon finding (a) that the work has been done as specified and (b) that the breach has been sufficiently stabilized to restrain accelerated erosion, and (c) the remains of the dam are safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with the approved plans and other requirements, and the remains of the dam are safe. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 51ZNorth Salisbury Street, Raleigh, North Carolina, 27� An Equal OpportiV Affirmative Action Employer — 50% Recycled 110% P nsumer.Paper October 10, 2005 Page 2 • 4. You must notify Mr. Matthew E. Gantt, PE, Regional Engineer, Land Quality Section, 585 Waughtown Street, Winston-Salem, North Carolina 27107, telephone number (336) 771-4600 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Sediment must be prevented from entering the waters of the state or flowing onto neighboring property as a result of the breaching activities. Enclosed are a cost certification form and an explanation of the final processing fee calculation. An additional fee will be required when the cost certification and engineer's certifications are submitfed'if the cost for removal of the dam exceeds $10,000.00.. The cost certification form must be completed and returned with the engineer's certification regardless of dam removal cost. Construction must begin within one year of the date of this approval or the approval is void. For assistance, you may contact Mr. Matthew E. Gantt, PE, at (336) 771-4600 or a member of the Central Office dam safety staff at (919) 733-4574. Sincerely, Maxwell R. Fowler, PE State.Dam Safety Engineer MRF/whd Enclosures cc: Mr. Larry F. Graham, PE Mr. Steve Tedder, • Regional Water Quality Supervisor' Mr. Matthew E. Gantt, PE, Regional Engineer 0 10 r.NCD1 0# P -f(09),7 14 Sik�'www 14AW 446� -IN60W."d Grower., Buttke Daiiy Enterprise Copies TO: 5796 Walker'Mill Rd, N.C. Dept L of r-zi«.l Millman, NI 11117 W-1 Waste alysis RAohort I TI MAY 3 06 Winston-Salem -12 Faim: 76 Regional Office 1113/2005 Randolph Comity % T ii -'_'h­­­_ Sample Lo. N 1 P K Ca mg S­ Fe Mn 7n Cu B mo Cl C W Code... Lf fi425 IN-N -NH4 -NO3 :63.4 931 284 200 53.0 33.4 1.95 1.82 .49 0.87Egg A Ni Cd A Al so U P H SS C.-N DM% CCE% ALE(K9AW Description:- OR-N 374 8.08 Dairy L4 Slum Urea. k&o n-, N '"' ntSLAvailabk, utr e bs11llons 4 000,.illbns 1; Other: Ml&d, P (f0Y01 e Bro"adc'tsf N- )w., C'4.r. m ­F' -Mh .-,Zn -7.5 031 1�5 0'85�­� �­.019:. 0 01. 0 0 1:.., .31 4:10.0 5, _!�:I�7.5. 1,�r_ 0.49� 6.61 0 F 4 U, 6' 001 ..,001, X Ni"' �;`Pb ""At, ::,:S�:L- ":Li NO! 31 '3 Sample ID:' N K Ca mg S Fe mu zn Cu 8 mo C1 C 9f EMY 711NA& T Total 26.5 .23.9 246 143 112 62.7 4.66 0.48 6.58 0.52 0.63 Waste Code. -NH4 LSD• -NO3 AVa Ni Cd A Al Se U AH SS C.N 0A1% CCr%- ALE(kil) Description: Dairy L1Q. Slurry OR-N Urea i-1 14 1,59 Ntfirients --mailible'f6iflisfCeop lbs1100gallons k Other Elements lbsll 000 allons Apj1Wq1s'6WMe1bod N P205tM. C1AMg IFe;:'. m1f Zn'. Cu V -M6 61 Na. Ni Cd A Al- S& Broadcast ': 0.09.k' 0.32'; 2. 0 0.84: 037F T, .: 003 'O.32': 1.r'_­2.0.`,1 0.84-' G6,_. 037. 03"' - --T,­�� `' T T T. m 0 95, rwise noffid �,tt.j Sample ID: IV K mg S Fe Mn Xn Cu B mo C1 C BLBSz Total 4458 71,937 f 1335 7986 1017 472 125 59.5 8.3 56.8 7.48 INN Waste Code: -NI14 LSD -NO3 Na Ni Cd A Al Se Li p H SS CN DM% CCE% ALE( al) Description: OR-N IM3 739 Dairy Liq. Slurry Urea R&6lifiM-en&tj jj�l 0 en '"0 fliblejo NutN ts V MOW 0irllq t� Other-, Ekmeitt�� alloprs lbsII066A Appfsqqton Metbo&- N PW5: K?0,"."� U, w? Z, Cuy., M C1 oq_ �.Pb: A BroadcasC5.9 16 .12:5 4A 2.8' VY. 0.35 '0.16. 039 - --0.04 5­7 IM on I �q 4 -.12 5:� :10.7 ; 6,T� . q : .. I` - --5.9 2.8. 0.73 0,35 .16 1. 0 0.04 5. Pho S�• �.� •_ .. :com/ •onom>i/ `,� Gr Dour �, � �Re rt: �W0 4 6� ��P a =2� ,�NGi?fc&CS on » •Di ne ° 919 )7- 265 Web Sete www ncagr� agr- owerB>l�ttke 3, 3 ,�( . ,33' _ The waste l amounts co er '11i shauid he;applted'at, rates needed to!meet cro enpquwr meat unless or copper'ue restrictive :When soi[ product;contams uge of tutrogen; phosphorus ;:uid: _waste :ndro pliosphortts t, test'P Is:'v jit and the site' is vulneraale to , hos .I_toriis.triovemencto nearb surface water,'limit a ` lecanon of P to estimated crop removal of [Isis element Limit copper'appiication as necessary to avoid excess P F y PP P accumulation of this element in the soil. The waste product contains a large ;unotnt of sodium. This element ctui accumulate in•soils where it replaces calcium quid. contributes to excess soluble s�dts. Sodium may also damage the foliage of sensitive plants. where the waste is a liquid and. a � lied ih overhead' irrigation sMonitor sodium accumulation in the.soil where the waste is routiriel a lied. r. 5amplelnfor[naton w ■■��..,�jy�� W] �]�p11 }.. ON • j rf f� Cp tyn1n ApNYY}1O n n tt,, F a 1 •} l [luorato arts crlln�lltop UnleSS�Ut uoted)�5 4`F ,$e5UltS]( lYrwtse 3 - _+1, Sample 1D: N P K Ca Mg S Fe Mn bt Ca B MO Cl C Total 2739 334 1338 939 394 169 95.5 12.7 13.2 36.0 1.42 -'s IN-N l Waste Corse: -NH4 t: - LSD -NO3 Ala Ni Cd Pb Al Se Li All SS C.•N DM% CCE% ALL(Kgal) 704 7.`74 Description.• OR-N D ' MOO Urea } R mendatiofls: ' Nutrients AvailaW.111or First Ciop lbs/1000 gd116ns Other Eletneuts lbs/1000 gallons Application'Melbod �: '• . N. P205 .�K20 Ca Mg S :., ., Fe M11 : • Zn Cu B Mo Cl Na` Ni Cd . Pb Al Se li Broadcast- 9.8 4;5. 10.7 5,5 2.3 0.99` , 6.56 0.07 0.09 0.24 . 0.01. 5.9 Irrigation :l .. .99 ...; SRtrrig The'waste cantons Urge amounts of copper. Care siiould'6e titken to.aroid:aver, appiication of,nitrogen: Che waste'proditct to meet croO,nitroge.n requirein6t unless c©pper is aecttmulating to excessive levels to the sotl t �tt w 'dimag;thel}o`li satodiui`m� ngy also iae ofensitve plants atnountosodim .. Phis:e- ieme�ttnumulaein1Y :g CT.whhee:waastpdct,contacnsalage �;w `Ss , rehMnitor"sdium' rerau.n4nfik outnea Fiiea evtei"e, r' r nSample fortttationr c7 •'!c -c=+• - f - �. ',y'`' (parts million ur>less otherwise,noted) . yLaboratOfrwltesults per sY soople ID: N P K Ca Mg S TO Mn bi Cu B Mo Cl C DMLSsr., •`r Total 9644 2'954 12615 11814 4013 2982 346 li9 l08 69.4 18.9 . ... IN -IV 1 Waste Code: -N114 t' SSb -NO3 Na Ni Cd Pb A/ Se ,6i P411 SS C•N DM% CCE% ALE(tons) Lion IDaMitLirface OR -IV 42.16 t 45,51 Scraped Urea Recomt�eiidations: ",'..'. Nutiients A idlablel'or, First Cro ' lbs/ton Other: Elements lbs/ton roet Basis . .. t6et'basis d ppkcalrar2 Method N: P205 K20 r Ca Mg S Fe _ . Mn Zn ' Cu B : Mo Cl Na _ Ni Cd P6 Al.' Se Lt rBroadcast 3 6 3 7 110` 6. 2 2 .16 O i9,4 t).07 ` 0 0b 0.04 0.01 3 9 ;,. _. �.. __ � .. _v. afa... r•, •.e•..•___.���_..�5. -_ __�, - •___- :_._ � ,� • ^%38`�_ - _ � 1 - -- Y� -.�C �.- .s. _ r _ S -. fir„_.'." t." ;NCD�R&CS: onomtc:D><vis�on=P,hone.= 19), 733-2655 Web:Srte www n ` `com/ "oitomt/ Grower B13ttke°Dat r>Re ort:1�403436 P e 3': ';Sam le Information :;4a6orato" :Results' 'arts.; r million u less�othei se•uoted fs � x 1 .,._ ` .: .: ,� Sample ID: N {P K Ca Mg S Pe Mu %rt Cu B MO C1 C Total 13194 3196 8034 9414 3579 1995 249 117 105 61.3 15.7 ,..... IN--N i Wrote Code:; -NH4 ; Na Ni Cd P6 Al Se Li fill SS C.•N DM% CCE% ALE(tons) SSD -NO3 2622 54.92 Description: OR-N Dal Surface Scraped Uren Recommendat�ot►s. ,; r ,':' ,. _ ....::; . ,r.:: °_..... Nutrrents Available for-eFirst°Cro x. " ' dbs%ton; wet,basis " fE C&n' uts.. 'dlis�ton wet;basis Otl[er' Applzcalzors Me11rod ,} N ho .= Ka0, Cad==` ' 'Mg - S ' Fe , ; ..Mfz Zrz `. Cu B Mo:' Cl Na .,. , Nz ... P.6 AC ' : Se �i... Broadcast 5.9 4`.8 8.5. 6.2 2 4 1 3 0:16 ' 0.08; ' 0.07 0 04 0.01 2.9 .. 1r ,Sam Ie Inlormatron P� > .Laborato :Results,= arts=` e� �ullioa unle"ss othewise�noted " rY �P P...., ) ; . .: S ID: N. jP K ' Ca Mg S Fe Mrs Zn Cu 8 ' MO C1 G' Tolat 3820 r 237 2447 . 543 357 284 26.9 6,75 7 $7 48.2 2.63 }: ...h. IN-N is M1 Waste Code. -NH4 LSD, -NO3 Na Ni Cd Pb Al Se U / H SS ON DM% CCE% ALE(ligal) Description: OR-N 843 7195 Dal ' Li : 51iir Urea a y... S•�. _:' -"� s- -_� , .ram .-Y'"-� +:-. - ,-_,--u.. ,. ..-n-:er,:.�• .� �,. a t -�.-.: . -.-J � j ,..�:. -" J L' Nutrrents'Avatlable,for First Cro ' z _-, ,_ w _ ` 1bs/I000:' allons - _ _ :�Y. •. - __ _ Othe"r, Elements dlis/I000 allons . A lzarrMelhoil:y;. K20 C, M ' `::'S Fe ; Mm :Zn C1 r Na Nz ' '' Cd'Pb Al r Ses' Li ' Broadcask l3 7 ' 3 2 19 6; 3F2 f 2 1 :17 K. 01G fa o4 0 05 0 32 - :Tlie wastecvntafcis large amounts of: nitrogen and copper. Care should betaken to av6id over'application of.nitrogen -Tile waste product should be'applled i tfrates needed^to meet clop nitrogen requirement unless ` copper is,accumpiating,to excessivelevels in the soilf j The waste' rodiict contains a large.amou�it of sodium; This element can accumiilafeawsoiLs whereat rep 'laces 'calcium:and contributes to,excess s luble's�iltS "Sodium ma" also damn e the foli e of sensitive plants. P wliere the:waste.is aji `uid anda ' Iied.En'overhead irri lion terns, Monztor sodiurri acc tinulation in the soil whece`the waste is roiatinelT'a lien. ;. le€Information, .y Laborato Results: `arts "er miEl�oti unless°otlieTwise noted =. 4 Sample ID: N iP K Ca Mg S Fe Mrz a Cu B Mo Cl C 1JMlt1 ,-;- Total 10581 2958 10487 8985 3557 1872 938. 139 1102 70.8 12.5 ?: fa IN-N �t Waste Code: NH4 Wa Ni Cd Pb Al Se Li pH SS G:•N DM% CCi,'9K ALE(Ions) -NO3 Description: OR-N. 2855 V 77.20 Dairy Surface Scia ped Urea Recommendations.. =-= Nutricuts Available for First Ciro lGs/ton basfs ather-Elements lbs/ton basis wet wet Applzcnizo�z Mel&d:.: N P205, K20 Cr1.: ` Mg- S 1 e : Mn Al Cu B Ma Cl Nei Ni GN P6 Al Se Li 13rondcast 6.7 6.3 15.s 8!3 3.3 1 7 0 87 0.13 0.09 ' 0.07 0-01 , 4'.4 - — ,; 0 Form SLUR-2 Slurry and Sludge Application Field Record N.0 psp . of F-Ha One Form for Each Field Per Crop Cycle TractiF 64 MAY Q 2046 Field Facility Nurnbe 12-A Field Size (acres) _ (A4 Regional office Farm OwnD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone4-876-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop TypePAN Loading G (lb/acre) = (B) 25 11) 171 r14� raI IAI IAA 171 rat Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gatlac) 4 1 A Waste Analysle 2 PAN (lb11000 al) PAN Applied (Iblac) IM x 6 11 000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 2 5250 10500 2386.363636 9.8 23.38636364 1.613636364 C 0 0 0 1.613636364 Crop Cycle Totalo 2386.363636I I 23.38636364I Owner's Signature Operators Signature k' Certified operator (Print) Brian Souther Operator Certification # 21637 IR 10 • Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle RecF-%%j t 6vt TractF200 �.w. °epField Size (acresl{A Facility Numbe 12-A A� 3 p Iss Farm OwneOOPMAN DAIRY Spreader Operato BRIAN SOUTHERton Owner's Phone6-4909 Operator's Phone 04-450-8363 Reg From Animal Waste Management Plan Recommended Crop Type PAN Loading G (Iblacre) = (B) 25 (1) (2) (3) (4) (5) (6) (7) (8) (9) Date {mmlddtyr} # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysis 2 PAN (lb11000 al PAN Applled (lblac) 5 x 6 11,000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 7 5250 36750 2227.272727 9.8 21.82727273 3.172727273 C 0 0 0 3.172727273 Crop Cycle Total 2227.272727 21.82727273 Owner's Signature Operator's Signature K. Certified Operator (Print)Brian Souther Operator Certification # 21637 9 0 f�J U Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle ��cpt of ENS TractF200 ".c.o��Facility Numbe 12-A ��� 3 4 ZOOS Field Size (acres)_ (AFarm OwneOOPMAN DAIRY Spreader Operato BRIAN SOUTHER giion-alemOwners Phone6-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Ty PAN Loading G (Iblacre) = (B) 25 (1) r21 (3) 141 151 (R,1 (7) IA) f91 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysis 2 PAN (lb/1000 a1 PAN Applied (lblac) 5 x B 11 000 Nitrogen Balance 3 (Iblac) B- T Weather Code 9/12/2005 5 5250 26250 2083.333333 9.8 20.41666667 4.583333333 C 0 0 0 4.583333333 Crop Cycle Totals 2083.333333 Owner's Signature Certified Operator (Print)Brian Souther 1 20.41666667 Operator's Signature Operator Certification # 21637 0 i seo o stA t Form SLUR-2 Slurry and Sludge Application Field Record 1g.c.Or o.204 One Form for Each Field Per Crop Cycle 3 0 200% Tract Field Facility Numbe 12-A Wtnsona owc Field Size (acres) _ (A 10.5 Reg Farm Own e RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 04-876-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 111 l91 (1) (Al 1-1 181 171 (R) !Q1 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gaUac) 4 1 A Waste Analysis 2 PAN (lb11000 al PAN Applied (Iblac) 5 x (61il 11,000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 4 5250 21000 2000 9.8 19.6 5.4 C 0 0 0 5.4 Crop Cycle Totals 20001 Owner's Signature Certified Operator (Print)Brian Souther L -- - - 19.6J Operator's Signature Operator Certification # 21637 • 0 gECE# cf NR Form SLUR-2 Slurry and Sludge Application Field Record t,'c.Be One Form for Each Field Per Crop Cycle �40 3 Q Z005 v4lnTract1200 sayetn ty p;esional otf'ce ield Facili Numbe 12-AField Size (acres} = (A8.8Farm OwneRD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owners Phone04-876-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 r91 (1) rdl rs) fR1 (7) (Al (Q) Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysis 2 PAN (lb11000 al PAN Applied (Iblac) 5 x$ 11,000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 8 5250 42000 2234.042553 9.8 21.89361702 3.106382979 C 0 0 0 3.106382979 Crop Cycle Totals) 2234,0425531 1 21.893617021 Owners Signature • Operators Signature K. Certified Operator (Print)Brian Souther Operator Certification # 21637 • 9 i Form SLUR-2 Slurry and Sludge Application Field Record �GN_ o EAR One Form for Each Field Per Crop Cycle 240� Tract 19WI Field Facility Numbe 12-A Field Size (acres) _ (A 10.Weston- odice Farm Owne RAIRY Spreader Operato BRIAN SOUTHER �Bgtonal Owner's Phone 04-876-4909 Operators Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 1 2 3 4 5 6 7 8 9 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 I A Waste Analysis 2 PAN (lb11000 al PAN Applied (Iblac) 5 x 6 11.000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 4 5250 21000 2038.834951 9.8 19.98058252 5.019417476 C 0 0 0 5.019417476 Crop Cycle Totals,2038.834951 Owners Signature Certified Operator (Print)Brlan Souther Operators Signature Operator Certification # 19.98058252 pji " W. 504444 21637 0 Form SLUR-2 REGEr'J-7 N.C. Dept. of . 0 �J Tract 190 Field Field Size (acres) = (AII .5 FaunOwneRD KOOPMAN DAIRY Owner's Phone04-876-4909 Slurry and Sludge Application Field Record r nn+ One Form for Each Field Per Crop Cycle MAY 3 0 FacilityNumbe 12-A segionalOffice �tegionaE Office Spreader Operato BRIAN SOUTHER Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 (11 (2) 13) (4) (A) (91 (7) IRI (41 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gauac) 4 I A Waste Analysis 2 PAN (lb/1000 al PAN Applied (Iblac) 5 x 6 11 000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 6 5250 31500 1909.090909 9.8 18.70909091 6.290909091 C 0 0 0 6.290909091 Crop Cycle Totals 1909.0909091 Owner's Signature Certified Operator(Print)Brian Souther i 18.70909091 Operator's Signature Operator Certification # 21637 s Form SLUR-2 Slurry and Sludge Application Field Record 14.C. OePt-af ENR One Form for Each Field Per Crop Cycle Tract 190 MAY 3 0 2006 Field Facility Numbe 12-A Field Size (acres) = (A .6 Regional office Regional Office Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 04-876-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 (1) f21 . (31 141 (5) 181 (7) tsz (9) Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gaUac) 4 1 A Waste Analysis 2 PAN (lb11000 al PAN Applied (lblac) 5 x M111 000 Nitrogen Balance 3 (lblac) B- 7 Weather Code 9/12/2005 3 5250 15750 1831.395349 9.8 17.94767442 7.052325581 C 0 0 0 7.052325581 Crop Cycle Total 1831.395349 1 17.947674421 Owner's Signature Operator's Signature �'5M444 Certified Operator (Print) Brian Souther Operator Certification # 21637 u • RECEIVM Form SLUR-2 Slurry and Sludge Application Field Record N.C. DePt. One Form for Each Field Per Crop Cycle MAY 3 0 2006 Tract 190 Field Facility Numbe 12-A Winston-Salem Field Size (acres} = (A .4 Regional Office Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 704-876-4909 Operator's Phone 704-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 (1) (2) (3) (4) (5) (6) (7) (8) (9) Date (mmlddtyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysts 2 PAN (lb11000 al PAN Applied (lblac) 5 x 6 11,000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 1 5250 5250 1544.117647 9.8 15.13235294 9.867647059 C 0 0 0 9.867647059 Crop Cycle Totalsj 1544.117647 1 15.13235294 Owner's Signature Operator's Signature Certified Operator (Print) Bdan Souther Operator Certification # 21637 • 0 �J E RECEIVED Form SLUR-2 Slurry and Sludge Application Field Record N.C. Dept. of ENIR One Form for Each Field Per Crop Cycle TractF17A �I�i 30 w! Field Facility Numbe 12-A Winston-Salem Field Size acres = ARegional Office Farm OwneAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone9 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (Iblacre) = (B) 25 Ill (1>1 Ill la1 (A) (R1 (91 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysis 2 PAN (lb11000 al PAN Applied (Iblac) 5 x B 11 000 Nitrogen Balance 3 (lblac) B- T Weather Code 9/12/2005 8 5250 42000 2413.793103 9.8 23.65517241 1.344827586 C 0 0 0 1.344827586 Crop Cycle Totals 2413.793103 1 23.65517241 Owner's Signature Operator's Signature 31�4" K. 3o44 Certified Operator (Print)Bcian Souther Operator Certification # 21637 0 u Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract 159 Field Facility Numbe 12-A Field Size (acres) = (A 3.3 Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 04-876-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 (11 l21 111 (41 Oil IF1 (7) IRI N.C. oopt. as cNR MAY 3 0 2C06 Winston-9; ;,lo 1 Regional oirjoe {q1 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 41 A Waste Analysis 2 PAN (lb/1000 al PAN Applied (lblac) 5 x 6 11 000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/20051 10 5250 52500 2253.218884 9.8 22.08154506 2,918454936 C 0 0 0 2.918454936 Crop Cycle Totals) 2253.218884I Owner's Signature Certified Operator (Print)Brian SOUthef I 22.08154506 I Operator's Signature Operator Certification # $Mil+le+ K. 5"0. L 21637 0 RECEIVED N.C. Dept. of ENR Form SLUR-2 Slurry and Sludge Application Field Record MAY 3 0 2006 One Form for Each Field Per Crop Cycle Tract 159 Winston-Salem Field 1 Facility Numbe 12-A Regional office Field Size (acres) = (A 4.3 Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owners Phone 04-876-4909 Operators Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Ty PAN Loading G (lb/acre) = (B) 25 1 2 3 4 5 6 7 9 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 l A Waste Analysis 2 PAN (Ib11000 al PAN Applied (lblac) 5 x 6 11.0 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 11 5250 57750 2376.54321 9.8 23.29012346 1.709876543 C 0 0 0 1.709876543 Crop Cycle Totalo 2376.54321 1 23.29012346 Owners Signature Operators SignatureK. 5m4ft Certified Operator(Print)Brian Souther Operator Certification # 21637 491 11 Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle MAY 3 v _ Tract 190 Field 1 Facility Numbe 12-A �'`'nstc�;;. ; Field Size (acres) _ (A 2 Regional orr,ce Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 04-876-4909 Operators Phone 0�4-450-8363 From Animal Waste Management Plan Recommended Crop Ty PAN Loading G (lb/acre) = (B) 25 (1) (2) 131 ld1 l51 (Al l71 (A) (Al Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 l A Waste Analysis 2 PAN (lb/1000 al PAN Applied (Iblac) 5 x 6 11 000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 2 5250 10500 2019.230769 9.8 19.78846154 5.211538462 C 0 0 0 5,211538462 Crop Cycle TotalsL 2019.230769 Owner's Signature Certified Operator (Print)Brian Souther 1 19.788461541 Operator's Signature Operator Certification # K. 5M.14, 21637 I* • RECE" N.C. Dept. u, w;lFt Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle MAY 3 0 ZC Winston -Tract 131 Field FacilityNurnbe 12-A Regionaloffice Regional Office Field Size (acres) _ (A 7.4 Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 04-876-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop TypePAN Loading G (lb/acre) = (B) 25 111 191 1.1 1d1 1R1 191 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysis 2 PAN (lb/1000 a! PAN Applied (Iblac) S x 6 11 000 Nitrogen Balance 3 (lblac) B- Weather Code 9/12/2005 12 5250 63000 2299.270073 9.8 22.53284672 2.467153285 C 0 0 0 2.467153285 Crop Cycle Totals# 2299.270073 Owners Signature Certified Operator (Print) Brian Souther 1 22.53284672 Operator's Signature Operator Certification # 21637 REr W..• @'_'� N.C. cc . _..:? Form SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle . MAY 3 0Winston- Tract 131 Field t 1-in 1 Facility Numbe 12-A Regional Office Field Size (acres) = (A 0.9 Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 04-876-4909 Operator's Phone 04-450-8363 E From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 (1) (7) (14) IAI (A) 191 171 1R1 14) Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysis 2 PAN (ib14000 al PAN Applied (lblac) 5 x 6 11 000 Nitrogen Balance 3 (lblac) B- 7 Weather Code 9/12/2005 12 5250 63000 2038.834951 9.8 19.98058252 5.019417476 C 0 0 0 5.019417476 Owner's Signature Crop Cycle Totals 2038.834951 I 1 19.98058252 Operator's Signature Certified Operator (Print)Brian Souther Operator Certification # 21637 k RECMNED ( N.C. Dept. of ENR Forth SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle MAY 3 0 2006 T088 Winston-Salem Fieract ld Facility Numbe 12-A Regional office Field Size (acres) = (A104-876-4909 9.5 Farm OwneRD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone Operator's Phone 04-450-8363 777d • 1 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 (1) 121 lRl (A) f51 (R) (71 (A) (91 Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gal/ac) 4 1 A Waste Analysis 2 PAN (lb11000 al PAN Applied (Iblac) 5 x$ 11,000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 12 5250 63000 2135.59322 9.8 20.92881356 4.071186441 C 0 0 0 4.071186441 Owner's Signature Crop Cycle Totals 2135.59322 1 20.928813561 Operators Signature Certified Operator (Print) Brian Souther Operator Certification # 21637 0 1 Form SLUR-2 Slurry and Sludge Application Field Record RECEW.7-) One Form for Each Field Per Crop Cycle mc• Dept L` Tract 088 MAY 3 0 Field Facility Numbe 12-A Field Size (acres) = (A .1 Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Regio[ ai oifice Owner's Phone 04-876-4909 Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop TypePAN Loading G (lb/acre) = (B) 25 (1) t21 111 rdl f51 (A) 171 r81 rkll Date (mmlddlyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 1 A Waste Analysis 2 PAN (lb11000 al PAN Applied (lblac) 5 x 6 11,000 Nitrogen Balance 3 (lblac) B- 7 Weather Code 9/12/2005 2 5250 10500 1721.311475 9.8 16.86885246 8.131147541 C 0 0 0 8.131147541 Crop Cycle Totals 1721.311475 Owner's Signature Certified Operator (Print)Brian Southel Operators Signature Operator Certification # 16.86886246 $Mai. K. S«.XA. 21637 0 Rrrn SLUR-2 Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle Tract 064 Field Facility Nurnbe 12-A -71 Field Size (acres) _ (A 5.1 Farm Owne RD KOOPMAN DAIRY Spreader Operato BRIAN SOUTHER Owner's Phone 04-876-4909 I Operator's Phone 04-450-8363 From Animal Waste Management Plan Recommended Crop Type PAN Loading G (lb/acre) = (B) 25 0) (2) (3) (4) (5) (6) (7) ri 11 (9) Date (mmlddtyr) # of Loads Per Field Volume of Loads 1 Total Volume (gallons) 2 x 3 Volume Per Acre (gallac) 4 I A Waste Analysis 2 PAN (Ib11000 al PAN Applied (Iblac) 5 x 6 11 000 Nitrogen Balance 3 (Iblac) B- 7 Weather Code 9/12/2005 8 5250 42000 1673.306773 9.8 16.39840637 8,601593625 C 0 0 0 8.601593625 Crop Cycle Totals 1673.3067731 16.39840637� Owner's Signature Operator's Signature D k/' r"'"^"'" Certified Operator (Print)Brian Souther Operator Certification # 21637 0 oar,&/,�� 5796 Walker Mill Rd. Randleman, NC 27317 Phone (336)495-1393 Fax (336)495-1394 -u�a9t 7w'gew 9a w "";� �awem9. - rrc Seat to ��ua Mrat46 arc aiaW"Jt .f Few-i %�ca��tcora #i 7 9 �d e � J-lAsat ua fa% 711aate 2l c�aaatc�ra �� aro.,1 jzrcG tra tiie�arc usct�ia �ae a�itala�u,¢tco�a. �a,�o taa��rinrrr�at actcarc caat��artorc Aekidew awd, & -2&7 V m6z ra a&dkve ca Glaiw"larGlcsF-1ta�a�e�aixd �atcaia #P.aa�trrrarz �ar�ir� Gcea�e rr tz�acc�tre� %es, rat 21'aA, �r% arua't%f �iarre a� edta "� al��tuzdaiar�irtaiar�se�ini�igettri2� G/a9e to 01eA-if atea rii cuia. Jre- r<,i",C/lff del efrrrl/riic/cciI,cff� G alua <lne a�ifl, ofii�, iii�. :xec�/cT �� ler ir�r riG rxf�� c %Jicf�rxr , cri�c%ray iie�l & .eeaie.�a- //re WAIM111, WtA, IV&,-eYC/AON ,. aTK.iii►e ��dnrec% ripe tail,, A,�leyl- iaarc/a'rim"Ae rve, �y �f�rf eiir c�r�cPr-rrd. �vv- a; the hie "A car, fXe freeg , 116,11 /le fi l iaa/Pr, kn, le"el 5J • J' Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL 7004 2510 0002 2066 9583 RETURN RECEIPT REQUESTED Mr. Arlin Buttke 5796 Walker Will Road Randleman, NC 27317 August 5, 2005 SUBJECT: Notice of Violation - Compliance Inspection Buttke Dairy Enterprises, #76-12 Randolph County Dear Mr. Buttke: This letter is to summarize the results of a compliance inspection performed July 21, 2005 by Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office (DWQ-WSRO). In reviewing the on -farm waste management procedures and records, the following violations were noted and require your immediate attention and action: 1. Waste from the closure of the "Main Side -Small" waste storage pond was applied to at least one field along Highway 31 i ' that was not listed in the Waste Utilization Plan (WUP) or in a • Closure Plan. In addition, there was no closure plan for the waste storage pond in question. These are violations of Section 11 92 of the Cattle Waste Management System NPDES Permit. It is our understanding that these two issues have already been corrected. Please describe these corrections. A reminder that the WUP also states that "Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy." On the date of the compliance inspection, a receiving crop had not yet been planted. 2. Leachate from sand stockpiled at the west end of the concrete waste storage pond was observed entering a freshwater drain between the waste pond and the concrete lot. Animal waste from the concrete lot was also observed entering the same freshwater drain. Failure to contain waste runoff is a violation of the Cattle Waste Management System NPDES Permit (Section I.I. and I.9). Please be advised that the non -permitted discharge of any type of wastewater to waters of the State is illegal as per North Carolina General Statute 143-215.1 and could subject -you to civil penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. Please respond, in writing, within 10 (ten) days stating how you have addressed the violation in #1 (above) and how you propose to eliminate the potential for an unpermitted discharge of animal waste into waters of the State as described in 42. Your response should be sent to my attention at the address contained on this letterhead. Another matter, regarding the construction of the Randleman Dam Project, is also of concern to DWQ. It appears that the embankment of the "Small Side" waste storage pond (76-063L) is not only within the lake's o ` NCarolina Naturalhj Division of Water Quality 1 Aquifer Protection Section Customer Service 585 Waughtown Street, Winston-Salem NC 27107 1-877-623-6748 Phone: (336) 771-4600 Fax: (336) 77IA632 Internet: http://gm-.chnr.state.ne.us Buttke Dairy Enterprises August 5, 2005 Page 2 200-foot buffer, but that the lake's water level may actually come up half way upon the embankment when filled. Please clarify, with supporting documentation, the buffer and lake boundaries in relation to your facility, including the waste storage ponds. Be advised that while this was not a violation on the date of the inspection, there could be implications for future violations of the Cattle Waste Management System NPDES Permit. The WSRO appreciates your prompt attention to the violations and concerns described above. If you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, C, Sherri V. Knight Aquifer Protection Supervisor Attachment cc: Aquifer Protection - Animal Feeding Operations Permitting and Compliance Unit Randolph County MRCS/SWCD Matt Gantt -Land Resources WSRO Jerry Dorsett-DSWC WSRO WSROa�iiity File: Ce [ttra! Files ■ Complete items 1.2, and.3. Also complete Item 4.if Restricted Delivery Is desired. ■ Printyour name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permtts. 1. Article Addressed to:. A Signature '^ O ❑ Addressee B. Received by (Printed Nam C. e of Q, ID1 D. Is delivery address different from item f? Y If YES, enter delivery address below: No Mr. Arlin Buttke 5796) Walker Mill Road Randleman, NC 27317 1.ServioeTpe ❑ rolled Ma[I Opxpnms Mail i� R-WReturn Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7004 2510 0002 2066 9583 Mww" from SM '.i PS Form 3811, February 2004, Domestic Return Receipt 1oz595-02-KI540 UNMED STATES -POSTAL SERVICE First -Class Mail Posts LISPSge S Fees Paid Permit No. Cr10 •"Sender. Please print your name, address, and ZIP+4 in this box NC DENR AQUIFER PROTECTION DIVISION �1. Y2 alE��r�d��' 585 WAUGHTOWN STREET WINSTON-SALEM, NC 27107-224 Q Qla13 Ilill111tlllll1111111111111lllll111Hill IIIIIIlllIII fd lllllll X"A 'IVY 1, � �0 ill V 2 •t i , % `' ' S' a ` ;k.K�i r �. 1 may" d I i a � :., v " �, " . PP &-- I �„ 4� t } -i 'X-4 -2 ItU ZA r, �T f- t n t s ti. - �yl^"'� 0 7 2 1-- 2 Q 05 r - ,. Re: Buttke Dairy Subject: Re: Buttke Dairy From: "Larry F. Graham" <eesbus@utinet.net> Date: Wed, 27 Jul 2005 14:26:55 -0400 To: <Melissa.Rosebrock@NCmail.net> Melissa. There are no freshwater pipes I know of going into this pond that I know of. There was a crushed pipe that allowed some surface water to enter the pond last week, but this has been fixed. If you have seen any, please let me know. Thanks. Original Message ----- From: "Melissa Rosebrock" <Melissa.Rosebrock@ncmail.net> To: "Larry F. Graham" <eesbus@utinet.net> Sent: Wednesday, July 27, 2005 7:54 AM Subject: Re: Buttke Dairy Larry, are there any pipes that could be plugged/removed to exclude freshwater from the waste pond while waiting? Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 383 FAX: (336) 771-4630 On 7/26/2005 10:00 PM, Larry F. Graham wrote: Melissa - Thank you very much for the clarification.' I will use 76-155-L for my correspondence about this closure to Land Quality. I was at Buttke Dairy today and they are doing a very nice job at cleaning I I out the pond. Almost all of the slurry is gone now. I talked to Max Fowler II with the LQS today and he said it will be "several" weeks before his section Ican review the Buttke dike breach paperwork. Thus we can not breach the dike until they say OK. Hopefully with the hot weather we will not get too II much water to accumulate in the pond while in wait. I will send Dam Safety their paperwork first (due to their review time) and then do the closure package. Take care. Larry Graham ----- Original Message ----- From: "Melissa Rosebrock" <Melissa.Rosebrock@ncmail.net> To: "Larry F. Graham" <eesbus@utinet.net> Sent: Tuesday, July 26, 2005 3:33 PM I 1 of 2 7/27/2005 3:22 PM Re: Buttke Dairy i Subject: Re: Buttke Dairy I Hey Larry, The WSP in question is #2 of 76-155-L. The freshwater reservoir is #76-064-L and the WSP on the north side of Walker Mill Rd. is number 76-063-L. "L" means low hazard. I am faxing some info from Scott's file regarding the WSP being closed. Let me know if you need any other information, data, etc. Hope this helps. I Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 383 FAX: (336) 771-4630 On 7/26/2005 12:44 AM, Larry F. Graham wrote: Melissa - Scott Sink (at least I think his last name is Sink) with Land Quality said you had his files on Buttke's registered dikes. He said you had # 63, # 64, and # 155. Can you tell me which number we are taking out of service and any details associated with that particular structure? Thanks. Larry Graham 2 of 2 7/27/2005 3:22 PM Wz � caLG�-i l..z ru I/l�Qedn� �trwzR+,o�azJ— ! i t N.C. ep: ANIMAL FACILITY ANNUAL CERTIFICATION FORM _ ' FE®z 8 2665 f Certificate of Coverage or Permit Number 00 County Year, 2 WC 2 Ye00—,—% Facility Name (as shown on Certificate of Coverage or Permit) Operator in Charge for this Facility Certification #2&&_ Land application of animal waste as allowed by the above permit occurred during the past calendar year, YES NO. If NO, skip Part I and Part II and proceed to the certification. Also, if animal waste was generated but not land applied, please attach an explanation on how the animal waste was handled. Part I : Facility Information_: 1. Total number of application Fields 1K or Pulls ❑ (please check the appropriate box) in the Certified Animal Waste Management Plan (CAWMP): 40 Total Useable Acres approved in the CAWMP 74 & 2. Total number of Fields % or Pulls ❑ (please check the appropriate box) on which land application occurred during the year: as Total Acres on which waste was applied � a� 3. Total pounds. of Plant Available Nitrogen (PAN) applied during the year for all application sites: � 7�S`a 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: T �2 0 D - 5. Estimated amount of total manure, lit and process wastewater sold or given to other persons and taken off site during the year _4s� tons ❑ or gallons ❑ (please check the appropriate box) 6. Annual average number of animals by type at this facility during the previous year: 7. Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest / / T/ Smallest (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers) 8. Facility's Integrator if applicable: Part II: Facifi Status: IF THE ANSWER TO ANY STATEMENT BELOW IS "NO", PLEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE. Only animal waste generated at this facility was applied to the permitted sites during Yes ❑ No the past calendar year. AFACF 3-1 a-03 2. The facility was operated in such a way that there was no direct runoff of waste from Yes ❑ No the facility (including the houses, lagoons/storage ponds and the application sites) during the past calendar year. 3. There was no discharge of waste to surface water from this facility during the past IK Yes ❑ No calendar year. 4. There was no freeboard violation in any lagoons or storage ponds at this facility during JQ Yes ❑ No the past calendar year. 5. There was no PAN application to any fields or crops at this facility greater than the Yes ❑ No levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. ❑ Yes k No 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon ❑ Yes ❑ No was designed or reduce the lagoon's minimum treatment volunje to less than the volume for which the lagoon was designed. D � eS /J D it 8. A copy of the Annual Sludge Survey Form for this facility is attached Dehis Certification,_El Yes o 9. Annual soils analysis were performed on each field receiving animal waste during the 0,Yes ❑ No past calendar year. 10. Soil pH was maintained as specified in the permit during the past calendar Year? Yes ❑ No 11. All required monitoring and reporting was performed in accordance with the facility's Yes ❑ No permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during iK Yes ❑ No the past calendar year or, in the case of a deviation; prior authorization was received from the Division of Water Quality. 13. Crops as specified in the CAWMP were maintained during the past calendar year on all, Yes ❑ No sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP for this facility were KYes ❑ No maintained during each application of animal waste during the past calendar year. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.'I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Permittee Name and Title (type of print) AFACF 3-14-03 2 Signature of Permittee Ynature of Operator inChar;ifferent from Permittee) LA-I Date AFACF 3-14-03 0- 0 AUTOMATIC COVER SHEET DATE DEC- 1 5-2004 08 : 28 PM TO FAX U : 1 3364951-394 FROM STEVEMATH I S FAX U: 13369843783 2 PAGES WERE SENT (INCLUDING THIS COVER SHEET) BEC-15-2004 08:29 PM STEVEMATHL5 13369843783 P.01 0 0 r4 was +� �v 167 ho Q xeel ,Cj o j�I l2o i ry ah cr orl aw Q UPeay.e III -elm/ ra I`F. / -�005 ver gCre , FIN U-tt&f"� l s, )-ON #h e �a� he 64- � Xe V R''cErvE ANIMA CILITYriUAoLCERTi 6-ATION, FC���` af�NR U ?n Certificate of Coverage or Permit Number County o {/' Z 4fr 20f0Lf Facility Name (as shown on Certificate of Coverage or Permit) J4 Operator in Charge for this Facility 16 ,q , k Certification # - �l Land application of animal waste as allowed by the above permit occurred during the past calendar year YES NO. If NO, skip Part I and Part II and proceed to the certification. Also, if animal waste w generated but not land applied, please attach an explanation on how the animal waste was handled. Part I : Facility Information: 1. Total number of application Fields Rlor Pulls ❑ (please check the appropriate box) in the Certified Animal Waste Management Plan (CAWMP): _ rj Total Useable Acres approved in the CAWMP 2. Total number of Fields 0/or Pulls ❑ (please check the.appropriate box) on which land application occurred during the year: 60 Total Acres on which waste was applied 3. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: 4. Total pounds of Plant Available Nitrogen (PAIN) allowed to be land applied annually by the CAWMP and the permit: l) 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken off site during the year 4 tons 93`or gallons ❑ (please check the appropriate box) 6. Annual average number of animals by type at this facility during the previous year: 7. Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest -/ Ir Smallest /D 63 (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers) S. FaciIity's Integrator if applicable: Part II: _Facility Status: IF THE ANSWER TO ANY STATEMENT BELOW IS "NO", PLEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE. 1. Only animal waste generated at this facility was applied to the permitted sites during Yes ❑ No the past calendar year. 04� a 1 20b4 AFACF 3-14-03 1 l�arice �ni. ,aon,p 2. The facility was operated in suc away that there was no direct runof4 waste from 9 Yes ❑ No the facility (including the houses, lagoons/storage ponds and the application sites) during the past calendar year. 3. There was no discharge of waste to surface water from this facility during the past Yes ❑ No calendar year. 4. There was no freeboard violation in any lagoons or storage ponds; at this facility during ❑ Yes M No the past calendar year. 5. There was no PAN application to any fields or crops at this facility greater than the Yes ❑ No levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. X Yes ❑ No 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon ;K Yes ❑ No was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed. S. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. ❑ Yes ❑ No 9. An-nual soils analysis were performed on each field receiving animal waste during the 15 Yes ❑ No past calendar year. 10. Soil pH was maintained as specified in the permit during the past calendar Year? Yes ❑ No 11. All required monitoring and reporting was performed in accordance with the facility's X Yes ❑ No permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during 154 Yes ❑ No the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 13. Crops as specified in the CAWMP were maintained during the past calendar year on all Yes ❑ No sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP for this facility were Yes ❑ No maintained during each application of animal waste during the past calendar year. " I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Date from Permittee) AFACF 3-14-03 2 Is _G_i 1-9 9-7 E MAR 0 1. 2004 MON WATER 13�Mr SC L...— rnnn�iEznce Elit W A ] �9pG Michael F. Easley, Governor William G. Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources j Alan W. Klimek, P.E. Director 0 .r Division of Water Quality July 25, 2003 Mr. Arlin Buttke 5796 Walker Mill Road Randleman, NC 27317 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Buttke Dairy Enterprises #76-12 Randolph County Dear Mr. Buttke: Thank you for your recent submittal of the information requested in our letter dated April 16, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Winston-Salem Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Winston-Salem Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for high freeboard. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 16, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the 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. Customer Service: Mailing Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 State Courier #52-01-01 An Equal Opportunity / Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o.enr.state.nc.us A 02 "A NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 • Freeboard Inadequate . Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact Melissa Rosebrock or me of the Winston-Salem Regional Office at (336) 771-4600. Sincerely, Steve Mauney Acting Regional Water Quality Supervisor CC: CWSRRO Fae.!l fy FiIes, Non -Discharge Compliance and Enforcement Unit Randolph County SWCD/NRCS Central Files of WArFR 'Ot QG r 40 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources '< Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Arlin Buttke 6022 Walker Mill Road Randleman NC 27317 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Buttke Dairy Enterprises #76-12 Randolph County Dear Sir or Madam: Rcr,riVt her- N.C.L"W'-i}1 �:.1`ii�drll FyVAPR23M3 Winstar,-,,;aIe.M, Regional Office On April 11, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on October 25, 2000. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Winston-Salem Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal ANN Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St, Raleigh, North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/ABirmative Action Employer 50% recycled / 10% post -consumer paper http.-11h2o.enrstate.nc.us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actioris taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Winston-Salem Regional Office at the following address Ino later than 10 days following receipt of this letter. I Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts .proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Winston-Salem Regional Office Staff at (336) 771-4600. Sincerely, Alan W. Klimek, P.E. Director cc: Winston-Salem Regional Office Non -Discharge Compliance/Enforcement Unit Central Files 06/11/2003 13:14 335495 94 BUTTKE DAIRY OF —r+ M" 8077K6 PRINY 6N76RPRZS6S 796 WALKER MILL tRD, ANDVA4N , NC 27317 To. - - F,ax#.: FROM � � ng- &AIL P11ON # o�flce336-495-1393 kax# 336-495-1394 L - A. m6SStlq:-� .I c QgmL) } #R 4.� 10.�l'Ylqpr� 7AL4 t4 a conjident4al commuRtcatLOA �Atended aolety fog. ZndaivLdual named above . I? you Mae not tie named addAEAAee you Aane6y notLf4ed that aAy dZAclo4mAe , copying on dr.afaLbuti.on of the contained EAl0amatton LA .4txickly paohLbLtad. le ;tow have aeceived thLa te..lecopy in ea.no+t, p.leaee nottly ua 6y felepho4a i.mmedLatetiA. IN 7crnp-* BlI M 1?AIRY F-MRARISU 5796 UAWR DILL Rd. Sofia. ; ^ 10- RANDMIAN , NC 27317 03 olltce336-495-1393 4axf 336-495-1394 70: U I &-ORA-. tpax -:631& - 771— Frog, MAE f PM ,UL- MfSSAgF-: Thta La a con�tdanf Lal cuamunLcaf Lon Lntended aolelg 0A ZnAvZdual named above . 11 you axe not the named addAeA.Aee you htaeby notL jLed that a&y dLacloaune , copYtn.9 vx d!AtXL6utLon 4 the confabted LnloxmatLon LAL 4ta ckly pxohe.6i,ted. 11 rloa lave Aaeei.ved thi.e teLacvpV 4n eA40M, p.Ceaae notLIV ue by te.iepAane Lmmee'LO'e'Y' L0 3Jbd d0 NIVW A8IVG 3711ins b6EIs,6V9EE 10:91 E00Z101190 a; w t� a a_ a N a a m LL7 rn CD m N m m Form SLIM-2 TtarA 3 Held Size fp=s) = (A . {arm Cwm F3IN BU rTicr E - owns s Phorto BrP i ! 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S 703 Omers -q4waLR-- - —Qt4 cerAw OpOMM f 0 FJ �y w .3 a V -J Ca I 1 x Opw,-Stcxps i CD 1 Can be tow o opel A*% *&MOI hu Me speads - - rp cb n d furls yw amwes ms%W . 2 8m yomc aekinslwasie n%mvp lad *n ra owipv kg lm qumcy. Ni ■ krshrn,<w ria� ags11�'s:} �Qkilsd .kiA1196 days Of �i1d ip li�IR lllefl�- 3 E» irt� setris �vea bar sotlraerlap cdurnr�s �� tom (B�_ Canrrwe suevarlig eadsna (►} Aam aalkam {�j forlonrp aadr aeon arere. m w Q w F- I CQ v 0 LO m Lo m m m m m N t m LD m Form SLUR-2 Slurry and Slud90 Application Raid Record One Form far Each Fleld Per Crag CwCft Trail 19 Field FaGi 4 Nunn 12,A Fmm Size �c ;Iezi } = S.s IF; �,� m1 Fa—' -_ _ - — - `'N�.'da� :, a f;u SdUTHER Dwmw% :J-�G .pvedw 3p3rakr_ 4ftAA 'A,TU LLE MC — ^r mom Ank"IftaW liiw+sperrsnt Plan crop T . Res~..mmed d PAN 1 !?1 nS a 4 €Dads Prtt Tow Ysksm wtms fir' Aam W,sbP AR{Q!=?d ' 1�'ior �itaitoe 3 nw Yohma of Load+ 7 www"I [� ) PAN ( On vd) #) x _.WSA4M (4) l a 151)1 t" r (s) ' IT) �Si11 - as 6= _ 9M9767236 _ 33 V QRAD71,171 67.5617@t3 r---------- ----------- t?*Tws S iftse - req~ cv—w r to rtl CgrP Cycle T � )A k--.- Ope+t&b�a sigrla�Ire I Can be ieutod im "aW ors manta !or -we * ie. ft- Cons -t s Ux I ,-Mr :1tv x a r R alr ya ' . -to /s mm i 2 see your atshW ram nwgspmd sba I- ;- ghagne m As As xro mkw. aam w~ k m4Awd wwdp an !t p a+ tartd apphodian wmft. 3 EOw the ,rake nIcI'H br ssntmOmO Cdty= m ftm I m coalinue $Wactfg ccQm* M fim c&.,mn *j rob" ORM sppkAMn eveM. K.SmAh% i'_. a A •ti R w cs a IL } a ca Form SLUR-2 Slurry and Sludge Appbmdk n Meld Record One Form for Each Field Few Crop Cycle Tract 1988 Field -- Foid SbD-- taut _ ( a Fe-n N Big G-.w.,e0a Acdras Nzk-�WN C C%r,� Pl.-.ww 38�4,W I393 Faeiiifr Nin 2-A Spreader Operas IRLAN SOUTMERSomedsr Operator's AddTATESVIILE WC OpmtWsPhoneDt45OMW l=ram +lair VftsW Owagamd PdrT RmmmendW PAN Grop T f _ Laadinq (tt9acre1 � (B) (11 r2 i (3 (4 8 in Dort s of Lade ?er i ` Trr F aides-i c.' Laadz I ToW Valmn (Vo� M t (31 VCOAMM Par Aera l�ftt) _ (4) ► (M tie flnai� 2 (�ttoan l PAN Applied (Vogt l(S) x (&)}1 IAN MftQ rr Bata e 3 11 "watt i (a) - (n I 378M 959-.307692 3-3 31.9MIS38 68.0153M j i l � i 1 Crop Cycle )rotas r CTrraef a SignBAae ._ h '-- apenftrs Swature Cerw*d C"faor (Pr" kvim &-SDUIW OperakIr CertdicatW e m m N i Cerrl pe 1oelld m oparalof s tns,elel rGciiie spar Ccrdsti a b[id lieliler d �uu du haver �Iwnee'� IIr+,11,NA m Z See yAev aeint#1 vast4 rr event pler►1nr frsl�encY. At a rnk6v ern, wale aaatI is apji%W *Wan aA days of md a ffk" an s oenk . 3 Ert4ar Ifie vak�e lec+ei�rea br 3 sater+e C0411lw1t t�l rkurn (B}. Ccwinue sMrA M aafumn (7) foam ooerts► (8) toRowim W& awl cftn WeA �o psi------ ";.,f 21.637- Cp w a• w a c+ Q, Wca I-] a a 9 LLi 0 d H p LU Y H f�3 an v LD r� m LO Form SLUR-2 Ta 136 F+ai� Feid Sma [acrasl = (A rarm OM [ UN SLITTKE t __. _a's G....ers Phor * Ok LIO.495-1393 Slurry aed Sludge AppOcefion Field Record One Form for Each Field Per Crop Cycle fWhty Wulw2-A Sp nm&r Opera! rZIAN SOlfrHM Sptaadesapers#crs ATESVfLtE NC Operators Phone 04450.8363 Fnm Minal Waste Managamod PMa Rett;rtsMended PAN Crcp T. c 3se # tong Waore) : (S1 10t! 4 .6 7 {rrvrl�d ' i1Sfiut21 4 _ f` jlrolUr — _ l i sow e Tots[ Ydu+ne (1maa) (2) x (3) Woluaa Per Arm � (Pike)P M I (Af (IN p Anslpb ) PAR Apph ed O�m] {(5) a (6))11 �m Nit Mm SaImm 3 i��) (B j - (70 WT D 11340 _ 3.3 37.422 62.57E i Crop Cycis TotR I -- P o .-, .--es stpaw Overat rs s4mn, m Cwbfxed Operator (P*ot) &lams. 5QLdm OperAw Camft aeon 0 m N - Cal to kma m opwmkft yak forfo V* swe dw Coafte a al dedv y You do riot how your owner`s punusE 2 See Yaar an'rsal waster nonmaerneal pion for saffVbq Iregmwt At a mwwoum. rarW mah" ic.*egdmed .kola N dop rA WfW arerys S infer the Yale ncdmW by subkad V OD%O o M iwrst;sj_ Cm& re sdXmd&t rnknah 17) frart t dwm 40) lbft rg esQr event. LO 0 2-17 P�J C6 w [ • M L: 9 LU CL r� Lr Di 4 LD m C9 Form SLUR-2 1" Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle �'recr i�j _� Field Fimw Size (&vIm) - t C. 5 Farr' e� { V :r3 -NE _ Owner3 P#torra r J!', ;- 3-13 FacEy Wmbet 2-A spreaeerapera ER� spreader operator's l ATES IL NC Cip4ra#a�s Phone Faa An ianel W4 to Managmawt Phm Cr-V'7ype : Re irnmerrded PAN LOR&I9 (e) = ta1 sc. 00 �. 3 DaRt 9 of � Par va mm r of Lei 1 Tom Yvkme mm�1 M x (3) # OMM Pw Acm � 1fpikq 19 At� 2 PAN(MM PAN ANOW (0) r tm ei N Bdma 3 4� -#t! �J ppy,�� 35 _ Q�/,�� a p+ o +� Crop CyN O 2_1637 . m m 7 Gn tye lorx! aperaior#+nrtVsl !6e tls! i ' . CarRgGt # fecal d#ole+r x do not have Hour e+pnef. essti�_ m 2 SM Yaw I Imf+rIkM maIagnnnt ONW1 M *1!M., ft t!r+r!-Y^. �+� s�e+rrs is nwxm Wetin a5dwx c; ast! ` 3 EW*r ft +ate reasiby subbWEag aMM (A ft- M)L CaIghm sublrsAM9 mAwm (7) tram aoiRas cp mAwft asm appscom e ras. LD CD 0 h� High Freeboard Evaluation Form O b Facility Name: AlLe S 1 rV 64"n"s�S Facility Number: Person Completing Form: m@2ose broc lL Date Farm Completed: re �b� j Date Information, Due to DWQ �' Date information received �n l 00r) , Extension Due Date: �~ zl Information Received: pp,,-- J" 8� v 1 in inches) 6 Current Freeboard Yes 4 No _Lee (s) ( c es) _ � , Freeboard Levels for Previous 12 Montlis Yes X— No Incomplete Spraying Records for Past 12 Months Yes =_ No X— Incomplete Rainfall Records For the Past 12 Months Yes _ No _ NIA _ Incomplete X— Cropping and PAN Information Yes No I Incomplete Summary of ctions Taken to Restore the Needed Freeboard(s) Yes No _ Incomplete Description of Water Conservation Measures In Use = Yes No _ Incomplete An updated POA if the Freeboard is still in Violation Yes _ No NIA X Detailed Description of Actions Taken or Proposed to be Yes _ No Taken to Prevent Future Freeboard Violations Incomplete X Date High Freeboard Level Was F'rst a orted to DW by Pr 3! iq/o 3 - (r]arsJ Date of First Violation from Farm Records Pr( Items proposed in the Plan of Actions to Bring the Facility Back into Compliance Pump and Haul � Remove Animals Delay Restocking Add Land to NMP Add Application Equipment Spray when site is acceptable Others (Please Specify) HFEF 5-12-03 1 Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed) Lagoon Storage Basin - (Check as Appropriate) 2 Lag n or Storage Basin I entifier 5MAU m- GAS Pj Design Total Days of StoragYfortheFacility (From CAWMP)-# = 1-gOckus q = Z 1- Stop Pump Level for lagoons or the bottom of the storage basin (inches) u 0,q = 17,-E Lowest Liquid Levels Reported in the month of: Month Date Level (in inches) August kiln, W SAD September i �� > % 45 October 1 dZ qj V5 147 Zq 48 November -z4 41 Required Minimum Freeboard (red zone in inches): Does the Minimum Include a Chronic Rainfall Factor Yes No Recorded Freeboard Violations Date Level (in inc es) 3a � a3 =I, RA • OM Date P9,A Submitted S or 30 day HFEF 5-12-03 2 Facility PAN Balance From the CAWMP (pounds) "— I 759, LZ Did the Facility Comply with its NMP for the Past 12 Months Yes _ No VIP �/ 3 3y {light From the review of the facilities irrigation records, does it appear that the facility made optimal pse of the days when, irnigatiop should hayp takqn place. If not, please ex la'n: JM� A7A AAIe &L r If the Fac ity has Installe Wat o servation De es, what devices were install d and when: � 0 ^ ;tP�2r �• �,�,,�3. � AAU jtt What Actions have been taken or proposed to be taken by the Facility to Prevent Future High Freeboard Violations (check appropriate items): Better Management of the System Add Additional Storage Volume Add Lagoon Covers Add Additional Land Application Sites Add Additional Irrigation Equipment Install Water Conservation Equipment Reduce the Number of Animal at the Facility Change Type of Operation r 44AZr HFEF 5-12-03 3 If applicable, recorded rainfall data from August 2002 through April 2003 at Facility # 7 4o — 17— : .Month s Amount of rainfall per month (in inches) # of days it rained per month August 2002 All Out,of 31 days September 2002 Out of 30 days October 2002 Out of 31 days November 2002 Out of 30 days December 2002 Out of 31 days January 2003 Out of 31 days February 2003 Out of 29 days March 2003 Out of 31 days _April 2003 Out of 30 days Total Rainfall Out of 274 days HFEF 5-12-03 Monti Year,&&cco 2a _ 0ate Rainfall Lagoon Level Animal Population 3 REULIVED 4 6 0 6 :d 7 1 -D B 1 _DZ 9 - -a j b 10 Oz.o2 11 12 .. a -O 13 14 J 15 16 -1G- o- S 6k 17 _ 2 -0 18 19 20 21 22 23 24 25 -26 27 28 29 30 f 31 N I- 10ir.. MoA'-h ;2__ Year Date Rainfall Lagoon Level Animal Population 2 1) 02-- 6 7 8 2-20 -02 0 2= 10 12 1 :3 -,2 7-62A 14 15 /t- 17 2 VZ- 0 .3- 19 0 2� 20 21 2 v- n 2- 22 (,2_ 23, _0 24 25 26. 27 29 30 31 0 1/4A Month Year Date Rainfall Lagoon Le'vel Animal Population o �2 2 3 4 c)- 5 6 7' 2 7 -0')- )0 - 10 -716 10 11 ID-22-b 12 2- 13 14 16 qO 17 12 9- i>2- 1-2--0-2- 1-7 20 1.? -7- 0,�- L7 21 22 23 24 25 26 27 28 29 30 31 A Month Year r v2 Date Rainfall Lagoon Level Animal Population 1 D 2 _0 0 3--�d--a U RECEIVED 4 1 _ _ p N.C.ept. of 5 - a -off 6 _ 7 r 2 5-- 1 lns on- 'a e 8 . A � 1 I F110910na C 9 �b 1 10 -- -p,3 j 12 13I►rvl1- 14 15 _ J _�6 vt& 16 -- -02 11 J{ 17 18 19 20 1 21 22 23 24 I 25 26 27 28 29 30 1 31 I Rl s � Month Year �2 Date Rainfall Lagoon Level Animal Population 2 62 rr 3 6 2 ri -4 1- 2 L/ -6rt 6Z 6 7 2 2 -7-,0.2 10 3-1- 1)2 12 13 14 15 �tFTm,4gkl 16 1,7 18 02= 19 0-2— I I I 20. - 21 9- o2-- 22 23 24 25 26 27 2-.1 - e Z- 28 : 2-16-0,, 29 )_I 30 .2 er2- 31 7- :3 -&2 6 L/ � 1t tf tzl� V, - Monti Years d0 Date, Rainfall Lagoon Level Animal Population 2 3 7 4 5 6 6 2 17 8 27-6*7- 9 10 0.2 13 14 3 1-7 -16- 17 18 Y- �2- 19 12 - /7-0 20 Z2-NI -02. c3,2- 21 12 2 -)-d7 22 23 24 25 27 28 29 30 31 ! Month Year ..MVI f Date Rainfall Lagoon Level Animal Population RECEIVE 3 -l6-�0 2 f E M 4 -o -a 6 -0 7 z I s _o 9 10 _3_ -o q 11 -63 a 1r of 12 _ o�oZ�'zi I 13 - () a_ f `Y 14 _ 0 �v Z 17 Ll 18 - 19 j 1 20 21 22 23 24 26 j 26 27 I 28 23 30 31 NR 9 ti rl 6d-e 4 . ......... I month Year 9 On I I Date Rainfall -,-Lagoon Level. Animal Population 2 �q - 02 3,_ 4 g b2 42 6 7 8 9 d -7- 0 ;L I 9 10 JO - 6,2- 41 12 h 22 -,0 2- 13 14 15 16 17 18 12 tL 02. 19 2 - 1) -a 2q 20 12 - 15 2 Xq 21 22 23 24 25 26 27 28 29 30 31 a ..��� �.� - _-•._ erg v �. V v Date I Rainfall Lagoon Level Animal Population 1 )_2_ p 2 4 oil APR 3 0 5 - OIL. winston-ScIlem 6 -62 R gionai OthcO. 7 8 9 _2 - 02b 10 — 11 13 14 9 _0 I 15 +�f 16 7'- 17 4 Aa 18 19 20 21 22 , 23 24 25 26 27 26 29 30 31 s I�M,4,Afft, Month Year QO011- �2h.OQ Date Rainfall Lagoon Level Animal Population LO 1:�T- 2 3 7- 0-) 3 S) 4 t I 5 6 7 8 9 10 0 -4 12 14 15 16 17 )0- 0-1: A - &2 19 20 21 -z6 22 23 24 rr 2-9 1 0 2. 211 jq-02_ 27 28 '2j. 29 IP-6:41 30 31 J 0 tvet W -- 4.1, vo 2. - c1,hjbw . I z - Date Rainfall Lagoon Level Animal. Population 2 11�5 `ate ;( 3 4 fi _ ; ... 41 , 8 9 10 11 12- 13 14 15 16 17 18k7l, - 19 I f 20 21 22 23 24 :.. 25 26 27 28 29 30 31 �� Information contained in this 90 base is from non agency sourcInd is considered unconfirmed. Farm Emergency Call Form DWQ Facility Number 7$ — 12 Date. /11/2003 Farm Name Time 0930 113uttke Dairy Enterprises Owner First Name rlin Control Number 2537 Owner Last Name Buttke Q Reporting, O Complaint Source Plan Due Date Date Plan Date Freeboard Breached O Yes ONO Freeboard Lagoon? Inches (? equals blank) 12 /l2/2003 Received Level OK /l 1/2003 /l 7/2003 Depopulated 10 Yes 0 No Freeboard Lagoon2 16 /13/2003 /11/2003 /17/2003 Overflowed O Yes ONO Freeboard Lagoon3 16/13/2003 111/2Q03 12$12003 LQ Issue PermissionToPump O Yes ONO O Yes ONO Freeboard Lagoon4 36 ? /11/2003 /17/2003 Inundated O Yes 0 NO Freeboard Lagoons ? Flooded 10 Yes ONO Freeboard Lagoon6 ? Pumping Equipment O Yes ONO Comments M.3... O pe.ratar...called..to.report..that.th.e .w.aste.le.vel. in..each. lN..SR.. is..as..faf taws;..# 1......... 11-sid.e=12"..firom-th.e.tray....#�..Small..n�. gate.-3 ".,...1N..RA.. t�ff..1. ft.m �g ..fhs�k.-day..k ?A.is..Mill..d�l�..p.n..all..W P.............. waste above the max. liquid mark. MR ......................... ............................... ............. ........................ "..".......................................................................................................... I ....... I.............. . L1.7./.Q.�.-..Q.perat.or..r.all d..tn..repo.rt.th.e..fall,swing..freeb.Qard..u.p.date.......................................................... ..mal.l..n..small..id�...=..."............................ ............. .................................................................................... ............................. 2..Srnall.an.big..silo..=..2.1"............................. "........................... ......Ga n.u.do..r.?.A.6..................................................................................................................................................................1.............., Ridge..farrrm..=?A8......................................................................................................................................................................................i 1................................................................................................................................................................................................................................. ...................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... ......................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................... .................................................................................................................................................................................................................................... 1.... IAICOA Ififormalion contained in this 96base is from non agency sourcInd is considered unconfirmed. Farm_ Emergeney_Call_Form DWQ Facility Number 76 — 12 Date /11 /2003 Farm Name Time 0930 IButtke Dairy Enterprises Owner First Name rlin Control Number 537 Owner Last Name Buttke 10 Reporting p Complaint Source Plan Due Date Date Plan Date Freeboard Breached Inches O Yes 0 NO Freeboard Lagoon9 12 (? equals blank) /12/2003 Received Level OK /l 1/2003 1 4/17/2003 Depopulated 10Yes OQ No FreeboardLagoon2 16 /l3/2003 /11/2003 /17/2003 Overflowed 10 Yes O No Freeboard Lagoon3 16 /l312003 /l 1/2003 g LQ Issue PermissionToPump O Yes O No Freeboard Lagoon4 36 O Yes O No /11/2003 /17/2003 ? Inundated O Yes QQ No Freeboard Lagoon5 ? Flooded O Yes ONO Freeboard Lagoonfi ? Pumping Equipment pO Yes ONO Comments 1.03.... Operator...called..to..replart..that.the..,w.aste.le el.in..earh.1N.SP....is..as..f.Qllows_.#1........ .still.due...Qn..ell...W...5P..s........... waste above the max. liquid mark. MR ..........................................................................................................................................................................................................I........................ 1....7.I.Q..-..4�p rstQ�r.��lled.t ..c�part.the..f�ll ring..fr. Ord...upda3e.:....................................................... "..........................................................................................................................................I.............. 21.................................................................................................................................................................. ..�.ig..en..big..side...=...1............................. 4.4..G An.gr. ....4.................................................................................................................................................................................. Ridga..f a rrrm..=..>4.8".................................................................................................................................................................................... .................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................... ................................ .......................................... ............................................................. .............. ..................... .......... ............ I ........... I.......... t-- %A fC 0A Information contained in this 96 base is from non agency sourcVnd is considered unconfirmed. Farm Emer encv Call Form DWQ Facility Number 76 — 12 Date /l 1 /2003 Farm Name Time 0930 IButtke Dairy Enterprises Owner First Name rlin Control Number 537 Owner Last Name Buttke O Reporting 0 Complaint Source Plan Due Date Date Plan Date Freeboard Breached O Yes 0 No Freeboard Lagoonl Inches 12 (? equals blank) /12/2003 Received Level OK /11/2003 Depopulated O Yes 0 No Freeboard Lagoon2 16 /13/2003 /l 1 /2003 Overflowed 10 Yes Q No Freeboard Lagoon3 16 /l3/2003 /l 1/2003 LQ Issue O Yes ONO PermissionToPump Freeboard Lagoon4 O Yes O No 3$ ? 111 /2003 Inundated O Yes 0 NO Freeboard Lagoons ? Flooded O Yes ONO Freeboard Lagoon6 ? Pumping Equipment OQ Yes O NO Comments .1..1.11.03...Op.erator...called..to.rapart..that.fhB..wasle.levsl.in..each..W..SP..is..as..f.Ql Laws-.# 1........ GAnleft.m ..still..due..Qn..all..W..SP..s............ with waste above the max. liquid mark. MR .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... .................... .... .... ........................................................................................................................................................................................ I.............. .................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................ I-- SAICOA Information contained in this dfnimal base is from non agency source and is considered unconfirmed. Operation Telephone Lo DWO Facility Number 76 — 12 Farm Name 113uttke Dairy Enterprises Caller's Name ayne Buttke OQ Reporting 0 Complaint Caller's Phone # 1336.495.1393 Access to Farm Farm Accessible Yes O No from main road Animal Population Confined 10 Yes O No Depop 10 Yes O No Feed Available IS Yes O No Mortality 10 Yes O No Spra • Availability Pumping Equipment0 Yes O No Available Fields 10 Yes O No V Date /11/2003 Time 0930 Control Number 537 Region SRO Lagoon [questions Breached 10 Yes O No Inundated 10 Yes O No Overtopped 10 Yes ON Water on O Yes O No Outside Wall Dike Conditions 10 Yes O No Freeboard Level Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Lagoonl 12 /12/2003 0 0 Lagoon2 16 11312QQ3 Lagoon3 16 /13/2003 Lagoon4 36 I? Lagoons Lagoon6 V.1.11.Q3.... Ope.rator..calied..tQ.r.epc)rt..that.the.waste.level.in..each.lN.SP..is..as..fall.Qw&.#1... Small.side=1.2"..from... he.tcp.,..#2..Srrl ll..cn..big..side. fi",...3.Slg.. n..hig..side= l�",..eed. k..Gera i ie=. "A...WSRO..staff..lefl<...................... .. o.uag.e.. .. xiswaste.. bQYe..i<he..me .lia id..mar......III.R................................ ....................................................................................................................................................................................................................................................................................... .............................................................................................................................................................................................................................................................I......................... ....................................................................................................................................................................................................................................................................................... ...................................................................................................................................................................................................................................................................................... ............................ ........................... ................................................ ........................................................................................................................................................... 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I............. ....................................................................................................................................................................................................................................................................................... ............................................................................................................... ................ . :�f 9.- %S<SiS t tY ff G� 7f ;'«, 2E2:''fisS.:E7•t:,S.'fS2237;iSflafa1;221f55:u::r?F:'vifirraYrl'Y•Sf4•ria:Scsa',2 ,)� :,>s.. ,;ir�:SSS'.Z�;< :,S •t.2•:.f�s,,.X?:>.S., i...ii,£C6,. i.;Ari:S!SfSu><3:: yTE:�SfS��?iE;Trsf':Sitr'i�:Stit:�a)%,rr:SSSfyRa.?Tf'S :K ers'on 40'r b�Ec'all7$' .� Melissa .Rosebrock �j .9 �',..2��f.<C>•:f7?"r`r. R' r> 7,t ; ). !r' }. •+zr: � Y* 2. } S{ i:; ✓ i' f. L f 1 .r: );:fni �r fir` z 00s.rr ,:? 1•'�::�t2 s)3S�f1 ^>.. `f{'t.r,c;`:,..rfi•,i>?ft�Y:r7;� S«,fi4;^ r)„�5..•'•,rrh�5i`ryk Terri 2 4 i _ U � ��,7:{�,r� ?.: '•rr: ;� � 3t:; 2i S, t3 r Y ,f� • ��..h ,3� >f y,��+ �.„ ;f. e_..tf {:f, fnF..ie;xej.• „E, :•i,,..Et iF_? ,' :f 7 5 }33::2i. �. p l r:;i tE • t� <" .3>:S�'it•?533'i�:' °=iJ?'S} g, rr?.;tr£;;'•.3 3:>, i i' )},.. �3h1�� :s fr >.Sr.'' ,.y3, 2 _ E +4' £ ) f -F} E r z.?! 3 iSySS. ,s?:{}tf�•:'fkcx+, t� } - f{ 3s i < ti+;c,: 't, xf f E . f.; :•a s f > riy'?�:: tf: ,.r, f•, ?:� .;)- 3 .'R"Eft:tr.3.'.'5...,.�yr, .,.f. Ex i.,n:.tSe:. .isi�r ,:, ..: .,oh;:' :.,;..f.,. i,., •: �.�i.....�.. .-�2. ,.cCr tc h'1„ .�t�, .,.3:LF.: b.�..�. .,I,..,c,..E.✓..,'r, �. Comments2 triformation contained in this database is from non agency source and is considered unconfirmed. 01nimal Operation Tele hone Lo DWQ Facility Number Farm Name Caller's Name Caller's Phone # Access to Farm 1 io — F1 Z L*OU -���- Reporting 0 Complaint Farm Accessible from main road Yes O No Animal Population Confined Depop Feed Available Mortality Yes O No O Yes No Yes O No O Yes j&No Spray Availability Pumping Equipment %Yes O No Available Fields 10 Yes o Date Time Control Number P358 Region I l.atoon Ouestions Breached JOYes No Inundated Overtopped Water on Outside Wall Dike Conditions Freeboard Level Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Lagoonl C�_' Lagoon2 ' D Lagoon3 ® ?� Lagoon4 I? Lagoons l� Lagoon6 �:::::...:...... ...... ......:...:..::.... ...:::.:::: ...:...�.............. ..............................:.................... ...................... ... . . 4 ...... � o�.... l.l~ a. .......... --.... .... lay.l n�....�. 5....... 5..........`.'... Q1oa.........n a� ..�. u.r�.......1.�. u.�.......xn� �r..l..�......................................................................................... ................ ................................................... . ..�..J..l�.�a.�.......�.�.:�.:...::1�1....r��.......+.P-�o r�-ed::.....lo........Q.�+�-r....�;.......1.�...�.rn�.1........Qn....5. ....... a�............1.r.'..'....... a- ...13' »..I..S..'.'.... 3..: i:. , ... .75...o ...i.....:e..............1.......!!.......::..::. ... 3 L 0 3�2...f. ........�...... ..r ..... '... fsre tX.. ,5...... .... t. ..... ........c2....b3....... .... ........am.............!.. .... ... :.n.�.�,re�....P�a ......-.a .... ..... .................................... ................................. ..................�r....... ! .... ......... .1......�r ��i1..:.L05.P..an..s�n�.�.a.I.S..�f,........L5......5,......�..!o::Y�...1 aIC......... ... .............................................................................................................................................................................................................................................................................. s�. .4; r{ }{�ih; ��1 t s .4'•.t 27 :< i ,_. ;.. .,,Y,• ; .... ;. .� „ qr.c'>>� 7rt. �:, .1 r'•;, ie_:�, .5 z+.�. :,SH i?j: ., ,r2. .,5,.:> ri. .,, .':ls,. 7..l. rson.takingc`all: /1 Comments2 Z00s 04/1-1/2003 FRI 16:43 FAX 330 318 6494 RANDOLPH SWCD - NRCS"al. JF "- toa 'Ph C � ttly, 241 Sunset Avenue • Asheboro, North Carolina Phone: (336) 318-6490 + Fax: (336) 318-6494 FAX COVER SHEET TO: —76 FAXED TO: 33e 77r-416 3 mom: cj. aV_4f -' FAXED FROM: L13-0318_ 6494 SUBJECT: a - a TOTAL # OF PAGES INCLUDING COVER SHEET ADDITIONAL NOTES: RFEOEIVED N.C. Dept. of EHNR APR 11 2003 Winston-Salem Regional Office IF YOU HAVE ANY QUESTIONS CONCERNING THIS FAX, r PLEASE CALL OUR OFFICE AT THE ABOVE NUMBER, 'OU44 .4 _ _ 04/11/2003 FRI 16:43 FAX 336 318 0494 RANDOLPH SWCD - NRCS Q 007 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: i 76 -12 County: ,Randolph Facility Name:—Buttke Dairy Certified Operator Name: Wayne Buttke Operator # 22101_ 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure 6 Structure 6 Lagoon Namelidentifier (ID): #1— #2_ #3 #4_ Spillway (Yes or No): N Level (inches), 2. Check all applicable Items —Y Y N_ ^ Liquid level is within the designed structural freeboard elevations of one or more structures_ Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X_ Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste Is to be pumped and hauled -to off site locations_ Volume and PAN content of waste to pumped and hauled is reflected In section III tables. Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - If animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 4117103_ I hereby certify that I have reviewed the Information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information Is accurate and correct. J42 &4 Z'k a Phone: � � '7 / I J-- � 9 j Facility Owner! anager (print) Date: f-al 1 a4 Facility Owner/Manager (signature)^ PoA Cover Page 2121/00 04/11/2003 FRI 16:43 FAX 336 318 6494 RANDOLPH SWCD - NRCS L-1 la006 PLAN OF ACTION (PaA) FOR KOH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I, TOTAL. PAN TO BI* LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldeniifier (id): Concrete Structure 76-1 2. Current liquid volume in 25 yr.124 hr. storm storage u structural freeboard a. current liquid level according to marker I I5.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 18.0 inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 37995.7 ft' 25 yr storm storage?" e, line oll2 x line d x 7.48 gallonslfe 71052 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 213 days g. volume of waste produced according to structural design 7i7593.8 W h. current herd # 325 certified herd # 1200 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j, excess rainfall over evaporatiori according to design k. (fines h + i + j) x 7.48 x 30 days/fine f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated ??7 71 m. ((lines e + kyl000) x line I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 194348 ft' 360000 fe 570136.9 fe 644160 gallons 3.31] lbs/1000 gal. 2360.2 lbs. PAN PoA (30 Day) 2121100 04/11/2003 FRI 16:43 FAX 336 318 0494 RANDOLPH SWCD - NRCS Q 005 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1, Structure Namelidentifier (ID),. 1 76-121#2 2. Current liquid volume in 25 yr,J24 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 Inches In. designed 25 yr.124 hr. storm & structural freeboard 19.0 incFres c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) I 2565U fe g, line c112 x line d x 7A8 gallon&V 63954 gallons �_ 3. Projected volume of waste liquid produced during draw down period f. temporary storage period a=rding to structural design 180 days g. volume of waste produced according to structural design 717693.6 ft3 h. current herd # 325 certified herd #1 1200 actual waste produced = current her # x line g = certified herd # 1. volume of wash water according to structural design J. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 dayslilnef= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated rn_ ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 194348 fe 360000 f13 57086.9 ft3 762255 gallons 3,30 Ibs/1000 gal. 2726.5 Ibs. PAN PoA (30 Day) 2121/00 04/11/2003 FRI 16:42 FAX 330 318 6494 RANDOLPH SWCD - NRCS 9 004 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelidentifier (ID): F 76.121#3 2. Current liquid volume in 25 yr_124 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 inches b. designed 25 yr,124 hr. storm structural freeboard 19.0 inches c. Ilne b - line a (inches In red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 25700 fe e, line c/12 x line d x 7.48 gallonaO 64079 gallons 3. Projected volume of waste liquid produced during draw down period f, temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 717593.8 f h. current herd f# 325 certified herd # 1200 actual waste produced = current e x line g 194348 fe certified herd # i_ volume of wash water according to structural design 380000 fe j. excess rainfall over evaporation according to design 57088.9 fe k. (lines h + 1 + j) x 7.48 x 30 dayslline f= 702256 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 3.30 lbs/1000 gal. m. ((lines e + ky1000) x line 1= 2725.9 lbs. PAN REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 04/11/2003 FRI 16:42 FAX 336 318 0494 RANDOLPH SWCD - NRCS • 121003 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): acres fret main 12b 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. fine b - line a (inches in red zone) a 5.0 Inches d. top of dike surface area according to design (area at below structural freeboard elevation) 43560112 e. line 612 x line d x 7.48 gallonsR 135762 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design F 365 days B. volume of waste produced according to structural design 156731 ft' h. current herd # 200 certified herd # 220 actual waste Produced = gMu►_rent herder x line g = 142483 fits certified herd # I. volume of wash water according to structural design 210386 fe j. excess rainfall over evaporation according to design 1 92982.7 ft3 k. (lines h + i + j) x 7.48 x 30 days/line fin 274107 gallons a. Total PAN to be land applied during draw down period I. current waste analysis dated 3.30 lbs/1000 gal. m. ((lines e + k)/1 Coo) x line I = 1352.E lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121/00 04/11/2003 FRI 16:42 FAX 336 318 6494 RANDOLPH SWCD - NRCS 121002 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL. FREEBOARD ANDIOR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: :.oncrete Structure 76-12 line m = 2380.2 lb PAN 2. Structure ID: 76-121#2 line m = 27215.5 lb PAN 3, Structure ID: 76-12*3 line m = 2726.9 lb PAN 4. Structure ID: across frm main 12b line m ! 1352.6 lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN l n.lines 1+2+3+4+8+6a 9166.2lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIO[]_ o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN belence (Iblacre) L TOTAL PAN BALANCE FOR FIELD (lbs.) Wumn r x a u. appiicatlnn window' Hm Tract 5 Small Grain 4.20 68.00 285.6 4111-6/11103 Hm Tract 4 Small Grain 12.40 68.00 843.2 4111-5111/04 Hm Tract 2 Small Grain 27.40 68.00 1863.2 4111-5/11105 Hm Tract 3 Small Grain 27.50 68.00 1870.0 4111-6/11106 Hm Tract 1 Small Grain 60.90 68.00 3461.2 4/11-5/11/07 Hm Tract 6 Small Grain 14.70 68.00 999.6 4/11-5/11108 Hm Tract 7 Small Grain 7.50 68.00 10.0 4J11-5111109 Hm Tract B Small Grain 10.10 68.00 686.8 4/ 11-5/1 Ill 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) 10519.6 lb. PAN IV. FACILITY'S P*A OVERALL PAN BALANCE PoA (30 Day) 2121/00 04/11/2003 FRI 16:42 FAX 336 318 6484 RANDOLPH SWCD - NRCS Q 001 w. Total PAN to be land applied (line n from section 11) = 9166.2 lb. PAN . x. Crop's remaining PAN balance (line v from section III) = 10619.9 1b. PAN Y. Overall PAN balance (w - x) = -1383 lb. PAN Line y must show as a deficit If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new Information. If new fields are to be ftluded as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permuted facility, provide information regarding the herd population and lagoon freeboard levels at the The fields listed above are the first fields available for the application of animal waste from these structures. Contract hauling is the method that is used to dispose of waste from this operation, The contractor is in -place and ready to begin hauling as land Is accessible (ASAP) ;ulations used in the development of this PoA consider the entire herd_ The waste generated by these ials has been divided bythe number of storage structures. All structures are used in storing the waste for operation. PcA (30 Day) 2/21/OD { EORONMENTAL ENGINAkING SERVICES s `"-Water • Wastewater Sludge • Agricultural • Industrial • Civil N,C, C)epl NCDENR hOb _ 8 2062 August 7, 2002 Division of Water Quality p 1617 Mail Service Center Raleigh, NC 27699-1617. Attn: Ms. Sue Homewood Re: Update on the plans for building a new sand trap at the Buttke Dairy Enterprise's Randleman Farm, located on Walker Mill Road near Randleman, NC. Randolph County, Facility I.D. Number 76-12. Dear Ms. Homewood, As you know by now, there was some confusion over the permitting protocol for construction of the above referenced sand trap. We got the go-ahead to construct from Mr. Dennis Ramsey via Mr, Steve Mooney on 7-16-02. On 7-26-02 Mr, Dennis Ramsey and I talked and he recommended Buttke Dairy stop their plans for construction if they had not begun construction and first obtain a permit from DWQ. He also said that if they had begun construction, go ahead and finish then send in the' as -built drawings to DWQ. As it turns out, Buttke Dairy had begun construction when I contacted them. For your information, Buttke Dairy has contracted with Environmental Engineering Services (EES) to develop the as -built details of the sand trap and send them, to: all_the,appropriate persons and/or agencies. I will be doing the field work sometime in the month of August-and�hope to have these details to your office by around September 10. 1 understand that this paperwork, sealed by myself, will serve for the technical specialist certifications. Please keep in mind that the sand trap will in no way change the farm's permitted Steady State Live Weight (SSLW), or alter the capacity of the earthen waste storage pond, or change the Certified Animal Waste Management Plan criteria. It will only allow Buttke Dairy to catch and remove sand prior to it going into the earthen storage pond. I trust you and Ms. Rosebrock will provide Mr. Ramsey and Mr. Mooney copies if they need such. Otherwise just those listed below will get copies of this letter. On behalf of Buttke Dairy Enterprises, I would like to pass along our thanks for everyone's input and help. Should you have questions please call my office. enclosures, i-:, cc: fi-Arlin Buttke: • (Buttke Dairy Enterprises)-, .,Melissa Rosebrock,(Winston.Salem Office - DWQ) , 1 P.O. BOX 426, ABERDEEN, N.C. 28315 • PHONE (910) 944-1648 • FAX (910) 944-1652 Re: [Fwd: [Fwd: TWO INQUIRIES]] Subject: Re: [Fwd: [Fwd: TWO INQUIRIES]] Date: Mon, 22 Jul 2002 14:32:17 -0400 From: Sue Homewood <sue.homewood@ncmail.net> Organization: DWQ To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net>, Dennis Ramsey <dennis.ramsey@ncmail.net>, Steve Mauney <Steve.Mauney @ ncmail. net>, Kim Colson <Kim.Colson@ncmail.net> Well, there's more. I just received a letter from Larry Graham dated July 16, 2002 regarding the fact that he's had multiple input from different DWQ sources. Steve and Melissa are copied on the letter but if you don't have your copy yet, I can fax you mine. I'll copy mine for Dennis and Kim. One of us needs to get back to Mr. Graham and clarify all this. My take on things is that any construction requires a permit by statute. Even when you aren't changing the animal numbers any. This protects the farmer more than anyone since we'll get a chance to review the proposal and note any problems before construction begins. I think we need to stick to this policy. However, based on what I understand at the site in question, they need to act soon if possible. My take is that we should not back down on our policy but its up to WSRO to enforce or find mitigating reasons not to enforce if they start construction without the said permit. I would also not be against someone issuing a letter of acknowledgment noting that we will allow construction without permit first in this specific case but it does not give the permittee absolution from any issues we want resolved after we finally see the plans (so basically its his risk and if we say rebuild for some reason they can't use the letter to say "but you approved it"). So that's my 2 cents. obviously, I'm at the bottom of the chain here and very willing to live with whatever those above decide. I do request that someone decide asap and let Mr. Graham know. Sue Melissa Rosebrock wrote: Hey All, Not sure what started all the latest commotion... Sue and I discussed these issues several weeks ago and I had already. responded to Heather Hick's question (Stokes Co. Env. Health Supervisor) on June 3rd. I spoke and emailed Larry Graham on July 1 Ith and outlined what he needed to do. Please have these persons contact me if they need further clarification. Thanks, Melissa Dennis Ramsey wrote: Steve It looks like I only batted .500 on your two questions.. Please see Sue's note below on the addition of the grit trap. Can you or Melissa please call the engineer and see what they have done so far and if they have Plans and Specifications that they can send us for a quick approval. Thanks Dennis Subject: Re: [Fwd: TWO INQUIRIES] I of 4 7/29/2002 4:43 PM Re: [Fwd: [Fwd: TWO INQUIRIES]] • 1 .0 Date: Mon, 22 Jul 2002 10:12:41 -0400 From: Sue Homewood <sue. home wood@ nc mail. net> Organization: DWQ To: Dennis Ramsey <dennis.ramsey@ncmail.net> CC: Kim Colson <Kim.Colson@ncmail. net> References: <3D342D5F.4084D13F@ncmail.net> I answered both of these questions for Melissa before her and I both went on vacation last week. I also played phone tag with the engineer designing the sand trap and told him what to do in a message. 1. What I told melissa, after conferring with Kim, was that the animal waste system is deemed permitted now. As soon as they put cheese waste in it, it becomes an industrial waste lagoon and needs a permit. 2. Actually, this isn't going to look good for us. Now we've told the WSRO and the engineer/applicant two different things. We have been telling people that to construct any type of wastewater collection, treatment, storage or land app. system they should design it, then submit for permit modification and wait for a new permit before constructing. That is what the statute says, you can not construct or operate without a permit. And this would protect everyone, as we would be able to review before construction and catch any flaws. I told both Melissa and the engineer that we understood the need to get this done asap and we would review it as soon as it got here. I don't see that it'll take that long, Michelle has a pretty flexible project schedule and can bump it up when it gets here. Sue Dennis Ramsey wrote: > Sue and Kim > I told Steve the following. If I missed the boat, please let me know. > 1. The producer can not use his existing lagoon and will need to apply > for an individual permit for his cheese waste. > 2. Since there is no proposed expansion of the facility and the sand > that is removed will be reused in the barns, the produce will need to > redo the CAWMP and then he can go ahead and install the grit trap. > Thanks > Dennis > ----------------- > Subject: TWO INQUIRIES > Date: Tue, 16 Jul 2002 09:14:44 -0400 > From: Steve Mauney <steve.mauney@ncmail.net> > Organization: NC DENR Water Quality > To: Dennis Ramsey <Dennis.Ramsey@ncmail.net>, 2 of 4 7/29/2002 4:43 PM Re: [Fwd: [Fwd:'CWO [NQlitR1ES]] 0 1 I > Melissa Rosebrock fielissa.Rosebrock@ncmail.net> > DENNIS-The two issues that have come up are: > 1. Stokes co. site owned by Thomas Shore. He wants to put in a cheese > factory on the farm and send his waste to an existing lagoon. He has > gone to the County Zoning office for approval and they are calling us. > He is apparently wanting to do this as the rest of the farm is in > financial trouble. As Melissa is out this week I got the inquiry. I > would suggest that if his Waste Management plan is evaluated by a > Technical Specialist and found to have adequate lagoon capacity and land > application capacity then it is possible after they amend his plan. My > only question is whether this stuff needs to be pretreated? > > 2. Randolph co site owned by Buttke dairy and they want to put in a sand > trap prior to their lagoon. They use sand for bedding and wish to > collect it and reuse it. This will also reduce the amount of inert > material getting into his lagoon. He would like to build it immediately > as he has manpower and resources available now. Larry Graham, Env. Engr. > Services spoke to Melissa first and then to Sue Homewood and it has been > referred back to WSRO for answer. If you are willing to accept as-builts > I will advise Larry. > > Call or e-mail with any input and if necessary I will tell both to wait > till next week for Melissa. > --------------------------- > STEVE MAUNEY <Steve.Mauney@NCMail.net> > ENVIRONMENTAL ENGINEER > DIVISION OF WATER QUALITY > ENVIRONMENT& NATURAL RESOURCES > STEVE MAUNEY > ENVIRONMENTAL ENGINEER <Steve.Mauney@NCMail.net> > DIVISION OF WATER QUALITY > ENVIRONMENT& NATURAL RESOURCES > 585 WAUGHTOWN ST. > WINSTON-SALEM > N.C. > 27107 > USA > Additional Information: > Last Name MAUNEY > First Name STEVE > Version 2.1 Sue Homewood <sue.homewood@ncmail.net> Environmental Engineer Division of Water Quality 3 of 4 7/29/2002 4:43 PM Re: [Fwd: [Fwd: TWO INQUIRIES]) Sue Homewood Environmental Engineer <sue.homewood@ncmail.net> Division of Water Quality 1617 Mail Service Center Fax: 919-715-6048 Raleigh Work: 919-733-5083 ext 502 NC Conference Software Address 27699-1617 Additional Information: Last Name Homewood First Name Sue Version 2.1 Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 Sue Homewood <sue.homewood@ncmail.net> Environmental Engineer Division of Water Quality 4 of 4 7/29/2002 4:43 PM EN ONMENTAL ENGINE ING SERVICES Water - Wastewater • Sludge ,•AnnCuCt6rai - industrial • Civil N.C. iD,60- NCDENR Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Attn: Ms. Sue Homewood SUL 1 $ 20M July 16, 2002 L t fps Re: Update on the plans for building a new sand trap at the Buttke Dairy Enterprise's Randleman Farm, located on Walker Mill Road near Randleman, NC. Randolph County. Facility I.D. Number 76-12. Dear Ms, Homewood, As you may recall, prior to you leaving for vacation we discussed the above referenced sand trap installation up -slope from an existing earthen waste storage pond. At that time you mentioned that Buttke Dairy really needed to obtain a permit from DWQ prior to construction of the referenced sand -trap.' This �would require Buttke Dairy to send in the construction details and wait for`DWQ,i&,issuethie--permit;:which+Buttke, Dairy,was.willing: .to dotif.there was- no:lother.option: I had same additional questions!lmee."ded ta,ask=DWQIabout this -matter;. and- since �you were out 6f the officefI took your .suggestion and,', called?Mr. StevetMoo ney; ,supervisor!ofahe!Winston'Salem Regional Office. of-DWQ. Mr. Mooney works in the same office as Ms. Melissa Rosebrock, who is also familiar with the sand trap issue. Mr. Mooney did some checking with someone in the Raleigh office of DWQ (maybe Mr. Dennis Ramsey) about the situation. Mr. Mooney called me back to say Buttke Dairy could proceed with construction of the sand trap provided Buttke Dairy submits the as -built details of the sand trap to DWQ as soon as construction is complete. This information really should be submitted by a certified technical specialist or P.E. This submittal of details will amend the existing Certified Animal Waste Management Plan (CAWMP) for the farm. Please keep in mind that the sand trap will in no way change the farm's permitted Steady State Live Weight (SSLW) or alter the capacity of the earthen waste storage pond. It will only allow Buttke Dairy to catch and remove sand prior to it going into the earthen storage pond. Because this is only a waste management improvement item, I think that allowing construction to continue was a good decision.'_ You had -.mentioned when,we,last.talked;,this type'of•activity:requires, a --decision that, :is, typically made, by: the ;regional office,,-of-DWQ: t,,.Therefore�l,hope-,discussingithe°matter. with! MrrMooney does'not appeavto by-pass'y6urJnput?f1f l3uttke%Dairy wants,me to)develop the as=built`dra'wing; I�will:do-,so "aslsoon as'possible:. rr' �'. .. �- ► �,f: �: : ... P.O. BOX 426, ABEADEEN, N.C. 28315 - PHONE (910) 944-1648 • FAX (910) 944-1652 Since Buttke Dairy needs to modify their existing CAWMP, where does the technical specialist sign to certify that the CAWMP now includes a sand trap? Where does form A WC - December 2000 need to be re -certified (if at all) or will it suffice to send in the drawings and details with a letter stating what has been done? Please let me know you thoughts on this modification paper work. This letter is being sent to all concerned so there is no question as to where we are in the sand trap construction process and how we got to this point. On behalf of Buttke Dairy Enterprises, 1 would like to pass along our thanks for everyone's input and help. Should you have questions please call my office. Best enclosures F. Gr , P. E. mmentiflEngineering Services cc: .Arlin Buttke (Buttke Dairy Enterprises) Steve Mooney (Winston Salem Office - DWQ) Melissa Rosebrock (Winston Salem Office - DWQ) k C� �4G�oJ cveo crir3g[�� fQ�C[ �Ea " As I�ui CTs„ Re: New Bultke Lagoon Subject: Re: New Buttke Lagoon Date: Mon, 03 Jun 2002 16:58:39 -0400 From: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> Organization: NC DENR Winston Salem Regional Office To: Jason Watkins <jason.watkins@ncmail.net> WOW!!!!! Much different since I saw it last!! Thanks for sending those. I spoke with Arlin today. He said he is cleaning out the upper WSP now but that he plans to close the lower WSP sometime this year. I told him to call you before he initiates closure of any.of the WSPs. Thanks for your assistance. Melissa Jason Watkins wrote: Melissa, Here are a few pics I took today, so you can see the amount of impoundment. Jason Jason Watkins NC DENR Winston-Salem Regional Office Division of Land Resources, Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 243 FAX: (336) 771-4631 [Image] [Image] [Image] [Image] Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 i of 1 6/3/2002 4:58 PM Buttke Dairy freeboards 0 0 Subject: Buttke Dairy freeboards Date: Wed, 1 May 2002 17:25:59 -0400 From: "Larry F. Graham" <eesbus@utinet.net> To: <Melissa.Rosebrock@ncmail.net> From: Larry F. Graham, P.E. Environmental Engineering Services PO Box 426 Aberdeen, NC 28315 Phone: 910-944-1648 Fax: 910-944-1652 Email: egsbus®utinet.net To: Melissa Rosebrock Email: Melissa.Rosebrock@ncmail.net Date: May 1, 2002 Subject: Buttke Dairy Calculations and freeboard. Melissa: Got your e-mail about structural freeboard and your second e-mail about an answer. Just to make sure you know my thinking, I do not believe the structural freeboard (I call this emergency freeboard) is needed when there is concrete around the entire pond and in the emergency overflow itself. Structural freeboards are supposed to protect earthen dams from a random overflow that would destroy the dam and cause a partial or complete dike failure. Buttke Dairy does not have a "designed" emergency overflow, so a discharge would simply find the lowest point or opening and run out there. Being concrete I do not think this overflow point would be damaged (I hope). When I design a lagoon or waste holding pond I always put in an emergency overflow, but I will not go into all the reasons now. I do not think the Buttke pond is especially handicapped without such a structure. Please call or e-mail me if I can answer additional questions. Best Regards, Larry F. Graham, P.E. Environmental Engineering Services 1 of 1 5/9/2002 11:23 AM BUttke Letter Subject: Buttke Letter Date: Mon, 29 Apr 2002 17:58:19 -0400 From: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> Organization: NC DENR Winston Salem Regional Office To: Larry Graham <eesbus@utinet.net> CC: Sue Homewood <Sue.Homewood@ncmail.net> Larry, I've had a chance to review the letter you sent Arlin. The only concern I have is in regards to #6. The maximum waste level (per your letter) is to be 18 inches below the overflow. As i understand it, for CAWMPs completed after 9/1/96, the requirement is that the waste structure also have a "heavy rainfall factor" which is equal to or greater than the 25 year, 24 hour storm (6 inches in this area). The maximum liquid level should, therefore, be at least 24 inches below the lowest point for the new structure. Please call if you have questions or need additional info. I've copied Sue so that she may correct me if she's heard anything new on this topic. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 I of 1 4/29/2002 5:59 PM 0' EN NMENTAL ENGINEON SERVICES 0 GS C S Water - Wastewater - Sludge - Agricultural - Industrial - Civil NCDENR........,_,..:.,_._.....,....._..... April22 2002 Division of Water Quality 'l�ECEIVE5 C(0__�F)y ldl.�. De c/o Sue Homewood .. pt. of EffR 1617 Mail Service Center APR 2 6 2002 Raleigh, NC 27699-1617 lk`4nF�tta1'& PM. Re: Technical Specialist certifications for the new concrete lined animal wastelrNARVo` dk�11!9 Buttke Dairy Enterprises, Inc. - Randolph County. DWQ Facility I.D. # 76-12. Dear Ms. Homewood, Please find enclosed one or more signed certification farms for the above referenced farm. The attached Technical Specialist forms are being sent in accordance with 15A NCAC 2H. 0200 rules and regulations for animal waste storage, treatment, and utilization on new or expanding facilities. The signed forms attached to this letter are indicated below: Section II. Certification Of Design. A) Collection, storage, treatment system .............................. yes (per Larry F. Graham, P.E.) B) Land application site............................................................... no C) Run-off controls from exterior lots .......................................... no D) Application and handling equipment ........................................ no E) Odor control, insect control, mortality management, and emergency action plan ........................................................ no F) Written notice of new or expanding swine farm ......................... not applicable Section III. Certification Of Installation. A) Collection, storage, treatment installation ......................... yes (per James Bivins, P.E.) B) Land application site................................................................. no C) Run-off controls from exterior lots ............................................ no D) Application and handling equipment installation ....................... no E) Odor control, insect control, mortality management, and emergency action plan............................................................... no Please note the following comments about the above certification(s): General Comments Any and all attached certification forms are being signed by the Technical Specialist in an effort to comply with the requirements stated in the 15A NCAC 2H 0.200 rules for animal waste management. The Technical Specialist is stating that the plans being certified are complete to the 1 P.O. BOX 426, ABERDEEN, N.C. 28315 • PHONE (910) 944-1648 9 FAX (910) 944-1652 best of his ability to comply with the intent of the rules. However the enclosed certification(s) reflect the plans being complete at the time of development and within the scope of work ordered. If plans were done at an earlier date, the plans being certified herein may not comply with recent rule changes or the most recent specification revisions published by the Natural Resources Conservation Service (MRCS), DWQ, legislative actions, etc. Some of the rules and standards developed for animal waste systems are not well defined as of this certification date. In addition some of the rules and guidelines needed for such certifications are still under interpretation. The Technical Specialist has made every effort to comply with the intent of the 0.200 rules. The Technical Specialist is certifying that the above referenced farm has a certifiable plan for the system or systems being discussed in this letter. The details of certified plans can differ between farms and can vary depending on whether the farm is existing or if the farm is new. The certification form(s) indicate that the plans being discussed should work for that farm given the on -site level of management required is provided. No certification can be all inconclusive and be certified to contain each and every aspect of all possible outcomes associated with high intensity animal growing operations. The reader must review the plans to see what is being certified. Specific Comments 1. Buttke Dairy Enterprises, Inc. has built a new concrete lined waste holding pond at the Buttke Dairy complex near the Town of Randleman, NC. This is an existing dairy operation. Due to the Randleman Dam and Randleman Lake project, Buttke Dairy has had to abandon one of their existing earthen waste storage ponds. The Buttke Dairy steady state live weight is not changing. Buttke Dairy is permitted for 1,200 cows. 2. The farmer's existing Certified Animal Waste Management Plan (CAWMP) will more or less remain as is, with the exception of the new waste holding facilities and increased liquid storage capacity. Buttke Dairy has two earthen waste holding ponds on the farm that will continue to be used. 3. Mr. Arlin Buttke, owner of Buttke Dairy Enterprises, Inc. designed the size of the new structure and started construction. Mr. James F. Bivins, P.E. assisted Buttke Dairy in concrete design and stability analyses. Mr. Bivins has signed the technical specialist certification form under Section III. Certification of Installation, Part A. That certification is included in this letter. 4. The new concrete lined waste storage pond volume has been evaluated by Larry F. Graham, P.E. with Environmental Engineering Services (EES) using 100% of the waste from 1,200 cows. There are several factors at this farm that currently prevent the flushed waste from 1,200 cows from going into the new concrete lined pond. Typically 10 to 15 percent of the herd is housed across the road from the new concrete lined pond complex and does not contribute waste to the new facility. In addition some of the cows are on a "dry -pack" bedding system and do not contribute to the flushed waste. Buttke Dairy has two waste storage ponds on the south side of Walker Mill Road and one on the north side of Walker Mill Road. Therefore the evaluation 1 have performed should be yqMconservative. 2 f I, S. Some information on odor control BMP's and insect control BMP's and Emergency Action Plan BMP's associated with animal waste storage facilities was presented in the EES design package. However, the engineer is not replacing the existing certifications in these areas. A copy of the EES evaluation information and the certification forms will be or has been sent to the farm owner, the local NRCS, and to yourself Mr. Arlin Buttke will sign a plan receipt acknowledgment form within the next few weeks and send it back to me. I will forward a copy of this acknowledgment form to your attention once it arrives. Should you have questions please call my office. Best Re fi, P.E. Engineering Services enclosures cc: Arlin Buttke Barton Roberson (NRCS) Melissa Rosebrock - letter only (DWQ - Winston Salem) III I Flit, CARO _ S EAL r 11602 ? .y• n.GIN�� ;cr�z, z0�'2- 91 TOnical Specialist Certifcen I. As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, 1 certify that the animal waste management system for the farm named above has an animal waste management plan that meets or exceeds standards and specifications of the Division of Water Quality as specified in 15A NCAC 2H.0217 and the USDA -Natural Resources Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The following elements are included in the plan as applicable. While each category designates a technical specialist who may sign each certification (SD, S1, WUP, RC,1), the technical specialist should only certify parts for which they are technically competent. H. Certification of Design SUTTKE DAIRY ENTERPRISES, INC. A) Collection Storage, Treatment System NEW CONCRETE LINED WASTE Check the appropriate box STORAGE POND. ❑ Existing facility without retrofit (SD or WUP) Storage volume is adequate for operation capacity; storage capability consistent with waste utilization requirements. El New, expanded or retrofitted facility (SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds, have been designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print): Larry F . Graham, P.E. Affiliation Environmental Engineering Serv. Date Work Completed: April 22, 2002 Address (Agent 0 4 erd n, NC 2831 5 Phone No..91 0-295-3252 r Signatur Date: J,L %CAR01rr�r r� B) Land A li on Site P)' �,.•D�ESSJ�.�Gq,'�,�� The plan ovides for mi um +ha separations (buffers); adequate amount of land for ste jfWation; c : cr¢p is suitable for waste management; hydraulic and nutrient loading rates. = SEAL 11602 Name of Technical Specialist (Please Print): Affiliation _ _ Date Work Compf df G�P•`��, Address (Agency): Phone No���'�""""'���, Signature: Date: C) Runoff Controls from Exterior Lots Check the appropriate boa' Q Facility without exterior lots (SD or WUP or RC) This facility does not contain any exterior lots. ❑ Facility with exterior lots (RC) Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by NRCS. Name of Technical Specialist (Please Print): AffiliationDate Work Completed: _A Address (Agency); Phone No.: Signature: _ _ Date: AWC -- December 5, 2000 2 III. Certification oostallation • A) Collection, Storage. Treatment Installation New, expanded or retrofitted facility (SI) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retrofits, no certification is necessary. Name of Technical Specialist (Please Print): T 1`J`ln7 "J '9i'V iiJ , Affiliation Date Work Completed: Address (i Signature: B) Land Application Site (WUP) Phone No.: 3,Id XX,7 Date: 45 Z_ The cropping system is in place on all land as specified in the animal waste management plan. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: C) Runoff' Controls from Exterior Lots (RC) Facility with exterior lots Methods to minimize the run off of pollutants from lounging and heavy use areas have been installed as specified in the plan. For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: D) Application and Handling Equipment Installation (WUP or I) ❑ Animal waste application and handling equipment specified in the plan is on site and ready for use; calibration and -adjustment materials have been provided to the owners and arc contained as part of the plan. ❑ Animal waste application and handling equipment specified in the plan has not been installed but the owner has proposed leasing or third party application and has provided a signed contract; equipment specified in the contract agrees with the requirements of the plan; required buffers can be maintained; calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. Name of Technical Specialist (Please Print):J Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: AWC -- December 5, 2000 AX \] 1E.0 Esc , t4v� G.q� zaoti CIS, 0 co • UNICArION FROM: LARRY F. GRAHAM, P.E. OF: ENVIRONMENTAL ENGINEERING SERVICES P.O. BOX 426 ABERDEEN, N.C. 28315 PHONE: (910) 944-I648 FAX: (910) 944-1652 TODAY'S DATE: March 29, 2002 FAX TO PHONE NUMBER: (336)-771-4630 PAGES SENT INCLUDING THIS PAGE: 2 THIS COMMUNICATION IS FOR: Ms. Melissa Rosebrock, DWQ. Winston Salem Office SUBJECT: The James Bivins technical specialist certification for the new concrete lined pond at the Buttke Dairy in Randolph County. Facility I.D. number 76-12. Melissa - I wanted to send you a copy of this certification as promised. It is a fax of a fax since I have not yet received the original in the mail. I hope it is legible, but if not - I am mailing you a hard copy today. It is my understanding that Mr. Bivins is only certifying the structural portion of the construction. He was not involved with sizing or with volume calculations. I will include all original technical specialist certifications along with my report when I send copies to DWQ in Raleigh. If you would like to have a copy of the report or the certifications, please let me know. My e-mail address is eesbus@utinet.net and my fax number is shown above. I am mailing Mr. Arlin Buttke a copy of the Bivins certification and this fax for his records. I am working on the volumetric calculations for the total animal waste storage capacity at this dairy. I will send you my report and certification as soon as it is ready. Call me if you have any questions. afar-28-02 08=33A P.OI III. Cent, f cation of Invaltatiott COPYilt-InstA) Collection�rIorage. Treatr�,e�,allation New, expanded or retrolilted,facility (SI) ' Animal waste swrage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards Anil spccJicatinns. For existing facilities without retrufils, no certiftcalion is accessary. Name of Technical Specialist (Please Print): Affiliation _Date Work Completed: — Address (Agcncr+) ;;7 J, �d/� j 1 � ��.%�✓✓", 7. X05 Phonc No...ZA6 Signature:-� _ ' Date: S) Jana Application Silg (WUP) The cropping system is in place on all land as specift:d in Elie animal waste management plan, Name ofTechni-mi Specialist (Picase Print); Affiliation Date Work Completed:_ Address (Agency): Phone No.: Signature:_ T Datc: _ C) LujLoff Cart troll from F lrior Lots (RC) Facility with exlepor it'll. Methods tc, minimize the run off of pollutants from Irwnging and heavy use areas have been installed as specified in the plan. For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation _ Date Work Coniplctod- Address (AgentY.I., Phone No.:- Signaturc: ,______ Date: 1)) A12211cation-a d Handlirm E ui ment Installation (%VUP or I) J Animal waste application and handling equipment specified in the plan ib on site alto featly for Ease; calibration and ad ttstmew materials have been pruvidcd LO the owners and are contained as part of the pian, a Animal waste application turd handling equipment cpecihvU jn the plan fiat~ not been installed but the nwner has prupusrd leasing ur third part' application and has pruviticd a signed unnirrtct; equipment spccified in the anntracr agrees with the requircrrncrits of (fit plan; ruOired buffers ran tic rnaintained; calibration and adjustment Quidance have been provided to the owners and arc t;untaincd ns part O-C the plan. Narne of Technical Specialist (Plt:ase )-Tint): Affiliation _ T Date; Work C011lpleted. Addrm. (Agency) Phone No.: Signature, Date: A%VC -- Decerther 3. 2000 4 03/28/2002 10:51 33649513 BUTTKF DAIRY MAI OF PAGE 01 Buttke Dairy Enterprises Arlin Bufte 5796 Walker Mill Rd. 6022 Walker Will Rd."shipping Randleman, N C 27317 336-495-1393` main office 336-495-1394•fox Send to: G 1�7 oi n%Y, 2an man o+a ftm: aj Attention: + Date: Office Location: W, n n Office Location: Fax Number. 356 q tA30 Phone Number: 33 4_ q5- f3 9 O Urgent 13 Reply ASAP ❑ Please comment �4 Please Review I] For your Information Total pages, including cover. J4 Confidentiality Note: The Contents of this fax are confidential and intended only for the individual named above, if you received this tax in error, Please notit immediately I Thank You 111 91 Sst>rpie lD: 4 a5c. Waste Code: A£S Description'. Aerobic Li uid-Swine N P K Cre MR S Fe Afire .fin Cu B , C rota! 0.00 IN -N NH4 NO3 OR 1Y Urea 267 794 2634 301 153 1847 55.1 12.3 37.1 4.38 !Ya Ni Cd P5 At Se xi SS C.N DAM CGEA; ALEftaO 212 83.95 ,may elCQlille 1LLOttS: g F= i(xara eivip0}od Broadcast N i'u}S� 0.04 . 3,6 4.1 6 p i.� u ' '•'s Y' i�? 9 ? t `"',�.� . .35- .:_r. 1�.- ='0 9, 670: ,-ik 2 :Q�Ci':• ..�k22.'. .. ' : ` � 4�a F , 41 �.. .... .. _ The waste pendud contains a kV amount of copper. e q*stioo site: Lkfl% M appilcat M of the material may he secessary to mid excess aceurnuluOm ofcoppEbi the soil. CD N m N m M N ty D H M NCDA Agregindc Hlvigion C ::.... Gmtver: Buttke, Arlin Copies To. 5796 Walker Mfll Rd. �� <i=-:.: c Randleman, KC 27517 E) asteAnalysisR- ' ehort s■ FaF?n., 3/202 Randolph Cwmtp NO- SanVe ID: N P E Ca s Fe Aft zn Cu B Ado a C Pouf 0.00 1251 1404 w 795 519 1848 67.2 37.7 103 7.47 1NSP' 1N • N Waste Cods: NM Na Ni Cd Pb At Se Lf PH SS ON DM% GM ALE kms AES -NO3 326 85-94 DescrtpMou: OR -IV Aerobic Liquid - Swine Una Receminendaaws: N AvA@�dftw 11�rr � Msf6aal Brudcast N Pa{35 A`� Go Mg S 0.00 3.5 2-3- ! • I0: t : 0.4)6, 0.6Z, 2.7� .. 0 �8 - 4,0 ' -� 037 =- -"' - 'Al SA.;!- . Sample In&. �w )aeaal� �mi iea nn Sa Ie ID: N P K Cn S Fe Mn Zn Cu B Mo Ct C rota[ 2994 1178 1164 9556 849 484 2424 88.3 39.7 94.6 6.89 206P IN -N ww"C Code. -NN4 ABS -NO3 Na M Cd Pb Al Se Lt H SS C.N DM% LY.E% ALL Joys 902 79.42 Deescriptiow ORN Aerobic Liquid - Swine Una Rcco! 3n1Cndatlons: Nutrie1t814Y$ a)i G ll'4#. <c :: w Cf lClliCtli& _ �Glf�i7# jtfltt*n od' Broaclrast , . , .. - N P205• .r2a, '; O - - S.. M" 25i Cy $: MA a 2.4 .. 3.0 1 . ' q: O.94 4:54:. :.�.�.: )V Cd- .fit- . K Se Li m w N M N m M N w w m A Lo 9 -u D a) m 9 EPRONMENTAL ENGINEPRING SERVICES Water - Wastewater - Sludge - Agricultural - Industrial - Civil NCDENR - DWQ 585 Waughtown Street Winston Salem, NC 27107 Attn: Ms. Melissa Rosebrock copy sent via fax to (336)-771-4630 RECEIVED N.C. Dept. of EHNR MAR 2 8 2002 Winston-saiam Regional O'te March 27, 2002 Subject. Update on the technical specialist certifications for the new concrete lined pond at the Buttke Dairy in Randolph County, Facility I.D. number 76-12 Dear Ms. Rosebrock, Below you will find a brief update on the above referenced project. On Monday, March 25, 2002, Environmental Engineering Services (EES) visited the Buttke Dairy to begin our field data collection. We actually started our investigative work before this per Mr. Arlin Buttke's instruction, but we could not get to the site before this day. We -concentrated our data collection efforts at the new concrete lined pond. It will now take us a few days to load the data and analyze it for volume, stormwater storage, etc, 2. Based on the engineer's (Mr. James Bivins) early construction drawings I viewed, and some very quick calculations using his drawing, I would think the new concrete lined pond (by itself) would afford more than 3 months of animal waste storage for 1,200 milk cows. 1,200 milk cows is the permitted number of animals for Buttke Dairy per my understanding at this time. Please keep in mind that Buttke Dairy also has another waste holding pond on the farm that can be used for storage as well. Using the storage from both structures should afford Buttke Dairy more than enough storage to match the typical cropping patterns that can be achieved in Piedmont North Carolina, 3. We plan to perform a detailed analysis of the new pond and provide graphs, calculations, volume estimates, months of storage, and background as part of our certification efforts. It will take 2 to 4 weeks for us to develop the full report. If DWQ has a specific date they need the report by, please let me know. I will be happy to work within the needs of Buttke Dairy and with DWQ so that this pond can be placed into service ASAP. 4. Mr. James Bivins is the engineer who will be certifying the structural integrity of the new pond and will provide his seal on this part of the certification. He is supposed to send me this certification by Friday, March 29, 2002. I will fax you a copy of his work as soon as we get the information and send you a hard copy via the US mail. I will hold his original certification paperwork so I can send in both certifications to DWQ in Raleigh once my phase of the certification is complete. 5. I have contacted Mr. Barton Roberson with the Randolph County NRCS about the Buttke Dairy project. It seems with recent staff reductions, Mr. Roberson's office has fell behind schedule. They are really short handed for the amount of work their agency expects them to perform. This is why Mr. Roberson has not yet performed the volumetric certification for Buttke Dairy. This situation P.O. BOX 426, ABERDEEN, N.C. 28315 - PHONE (910) 944-1648 - FAX (910) 944-1652 has in -turn caused Buttke Dairy to not have the certification in the most timely fashion, I believe this will all soon be resolved. 6. For your information, during my March 25 site visit, I witnessed a contract hauling company working to lower the water level in the existing earthen waste storage pond at Buttke Dairy. They were making a diligent effort at hauling waste and appeared to be significantly lowering the water level. I hope this observation helps you with your concern over this water level issue. 7, Arlin Buttke has expressed his willingness to provide EES any and all assistance we need in getting his new concrete pond certified. I truly believe they are doing all they can to move the project forward and stay within the .0200 rules. I will need to evaluate stormwater run-off into the new pond as well as the amount of water storage needed for the cows, so the above storage estimates are just that - estimates. We have a great deal of field work scheduled this week so if you call and we are not in, please and leave message. enclosures cc: Arlin Buttke %UG! �LGUXIG ��2�/X�Gxf�ed 5796 Walker Mill Rd. Randleman NC 27317 (336) 495-1393 Buttkedairy@gol.com March 25, 2002 Dear Ms. Rosebrock, IVE® NA t.ofEHNR 1 am writing in answer to the Notice of Violation letter sent from the March 19, 2002 inspection. MAR 2 7 2002 Winston-Salem Regional Office 1. Brian Southers has hauled waste with 5 tankers, and as of 4: 00 pm on March 25, 2002, the waste storage is 4 inches below the high water level. Weather permitting, we will haul until the structure is emptied 2. Mr. Lany Graham was at my farm on March 25, 2002 and did an investigation. His findings and Mr. Bivens certificate of structure stability will be forth coming no later than this weep 3. Mr. Graham will properly install a waste level marker to the correct height. 4. Wayne Buttke sent off a waste analysis of the stockpiled waste. The results are expected by Wednesday or Thursday of this week. 5. 1 am going to either remove all stockpiled waste in front of the concrete structure, or I will lower it to an acceptable level. If waste is removed, I am going to build a concrete wall and floor acceptable for waste storage. 6. Flush waste is now contained, and a larger berm has been installed. 7. We will continue to seed graded areas as grading and building projects are f nished. 8. Waste samples and waste structure will be numbered. in the future. I also spoke with Brian Southers, and he agreed to keep and update waste application within a weeks period of time. 9. The amount of waste given away will be weighed and recorded by Wayne Buttke. The records will be available. 10. The problem of waste getting into the fresh water drain has been fixed. Sincerely, l Arlin Buttke ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. a 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, or on the front if space permits. 1. Article Addressed to: Rot LE 0 "241rN 5'>7gb W,,i., t<eR mtiLLIL Rd �P'PPLa m,fr1) 317 2. Article Number (Transfer from service labeo PS Form 3811, August 2001 Domestic A." Signature Agent s ❑ Addressee ' Received by (Printed Nam C. Date of Delivery D.` Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered "Return Receipt for Merchandise �❑ Insured Mail ❑ C.O.D. 4 Restricted Delivery? {Extra Fee) ❑ ye's .a S' 9 Receipt 102595.01-M-2501 UNITED STATES POSTAL SERVICE First -Class Mai! ,PS$te Ies Paid Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • RE�F1VED N.C. Lept, of EHN NC DENR MAR 2 6 2002 WATER QUALITY SECTION — M R 595 WAUGHTOWN STREET Winston -ern WINSTON SALEM NC 27107-2241 Regional Offlco a3 1111111111 111111„1:1f 11111,ti11111111 oil [lilt III III �pF w A rFRo O '[ CERTIFIED MAIL 7099 3400 0006 9313 7250 RETURN RECEIPT REQUESTED Mr. Arlin Buttke 5796 Walker Mill Road Randleman, NC 27317 SUBJECT: Notice of Violation Follow -Up Compliance Inspection Buttke Dairy Enterprises, #76-1.2 Randolph County Dear Mr. Buttke: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina De ent of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality, March 22, 2002 On March 19, 2002 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office (DWQ-WSRO) performed an announced, follow-up to the Division's December 2001 compliance inspection at your facility in Randolph County. A "Final Notes" copy of the completed follow-up inspection form was faxed to your office yesterday. This Notice is to summarize the new and continued violations observed by our staff on March 19, 2002. While some of our concerns were addressed, DWQ-WSRO staff again noted several other animal waste management violations and concerns that warrant your immediate attention. The following should be addressed in your response to this office: 1. The waste level in Structure 1 (Main side, Big) was three (3) inches into the 25 year,. 24-hour storage capacity for the structure. This is a violation of your Cattle Waste Permit (Section V, #3). Per the 30-day Plan of Action received by our office, you are to have the waste pumped to an acceptable level by 3/25/02. 2. The new concrete waste structure is to be certified as part of your Certified Animal Waste Management Plan (CAWMP) prior to use. On the date of the follow-up inspection, DWQ- WSRO staff observed that waste was continuing to be scraped into one end of the structure and bedding waste stockpiled at the other end. Additionally, waste from the freestall barns has now been re -directed from an existing waste storage pond into the new concrete structure. Records indicate that Mr. James Bivens (P.E.) certified only the design of the structure in July 2001. A record certifying the structural stability was not available during the follow-up inspection. You are in continued violation of the CAWNIP and your Cattle Waste Permit (Section I., #2). The concrete waste structure must be properly certified and incorporated into the CAWMP as soon as possible. llw L w _L7ENR Customer Service 1 800 858-0368 Division of Water Quality / Water Quality Section ,g / 585 Waughtown Street Winston-Salem, NC 27107� / Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: http://wq.ehnr.state.nc.us Buttke Dairy Enterprises March 22, 2002 Page 2 3. It was also observed that the facility's operator had attempted to install waste level markers for the new concrete structure. While the markers appeared to be of excellent design and construction, the marker's maximum Iiquid level was not determined by a technical specialist or through the CAWMP, taking into consideration heavy rainfall, storm events, lot run-off, etc. You are again, in continued violation of the Cattle Waste Permit (Section V, #3). 4. Approximately 395 tons of previously stockpiled waste from Structure 2 (Main Side -Small) has reportedly been trucked off -site by three different trucking companies. Per operator, Mr. Wayne Buttke, a small amount was also moved from the field to the end, of the new . concrete waste structure for continued stockpiling. Per the Division's "Notice of Violation" dated 1/2J02 you were instructed to obtain a waste analysis! of the stockpiled waste. A review of your facility's records indicated instead, that soil analyses had been performed on the samples. 5. On the date of the follow-up inspection, an earthen berm had been pushed up around the stockpiled waste at the far end of the concrete structure to contain the leachate. While it appears that the leachate is being contained, the Division is concerned that the non -vegetated earthen berm will not adequately contain the stockpiled waste since the waste is several feet higher than the berm. This is a continued violation of Section I, #1 of the Cattle Waste permit. The stockpiled waste is to be removed and land applied at agronomic rates (per a waste analysis and the CAWMP), reused, or transferred to another certified waste storage structure that can adequately handle the volume. The waste is to be lowered to a height that is even with the earthen berm. The berm is to then be seeded immediately with a permanent vegetated cover. 6. Flush -water waste from the recycle system is not being contained. An examination of the system revealed that waste was washing over the concrete berm in one of the barns and being discharged onto the pasture. Failure to operate the animal waste system as a non -discharge system is a violation of Section I, #1, of the Cattle Waste Permit. 7. On the date of the compliance inspection, large, sloped, areas of exposed and non -vegetated soil around the new concrete waste structure had been seeded with fescue and seed had begun to germinate. It is recommended that vegetation be established for soil stabilization on all newly graded areas. 8. Waste application records were not adequate. Specifically, all waste samples are to be labeled as to which waste storage structure they came (see 1/2/02 DWQ NOV). The completed SLUR-2 forms should also indicate which structure's waste is being used in calculating the Plant Available Nitrogen (PAN) balance for each application field. Additionally, the completed SLUR- 2 forms must be more specific as to the date that waste was actually applied to a particular field. A maximum range of one week may be used as an individual application date. �f F :t Buttke Dairy Enterprises March 22, 2002 Page 3 9. A record of the amount of bedding waste given away (#loads) in exchange for new shavings is now being kept, however the amount is to be recorded in tons rather than the number of loads. The bedding waste is to be sampled and a waste analysis result obtained. These records are to be available for review by the DWQ or Randolph SWCD staff. 10. It was noted that cattle waste from the concrete lot could be getting into a freshwater drain when the lot is scraped. The potential is particularly great during rain events. You may wish to make the concrete berm higher to contain the waste to the lot or a waste holding structure. 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. A written response must be submitted to this office within 10 days of receipt of this Notice indicating the actions taken to correct the problems noted in this letter. This written response should include a specific explanation of when and how the problems have been corrected. Please address your response to the attention of Ms. Rosebrock at the address shown on the letterhead. 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 (336) 7714600. Sincerely, �'�'\.0 Larry D. Coble Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Randolph County Natural Resources Conservation Service/Soil and Water Conservation District Marlene Salyer —DSWCD WSRO �O`DW Q-Facility-Files/Central-Fiies� iaBUTTKE DAIRY ENTERPRISES ARILIN BLITTKE PRESIDENT 5796 WALKER MILL RD. JANUARY 14, 2002 6022 WALKER MILL RD ! SHIPPING/ RANDLEMAN , NC 27317 Dear Ms. Rosebrock: Telephone 336.495-1393 R ttltm N.C. Dept. of EHNR JAN 15 2002 In answer to the notice of violation dated December 13 , 2001 , I am going to l�lth In i office Following, I.The waste stockpiled in the fields will be sampled then spread as soon as the weather permits. 2.The berm around the stockpiled sand & manure at the end of the lagoon will be packed and extra red clay added where needed to contain leakage from stockpiled bedding. A gauge marker will also be added. 3.We will be extra careful not to over applicant waste . We have plenty of acres to apply waste and will haul manure extra miles to correct this problem. 4.We are in the process of seeding the steep bank around the new concrete waste holding structure . We also are trying to establish grass on all the newly graded areas. 5.Samples will be collected from each waste storage area , the waste analysis will be available for inspection . 6.We will from this day forward keep a record of all *given away* waste . I had not been aware of this regulation before now. I do expect to have all the violations corrected with the above actions taken by March 2002. If you have any questions concerning the way I plan on correcting these violations please contact me at my office #336-495-1393. Sincerel , ?.RLIN BUTTKE 1 F warfi 90 Michael F. Easley, Governor �O �i William G. Ross Jr., Secretary �J North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality Division of Water Qu7ity January 2, 2002 CERTIFIED MAIL 7099 3400 0006 9313 7366 RETURN RECEIPT REQUESTED Mr. Arlin Buttke 5796 Walker Mill Road Randleman, NC 27317 SUBJECT: Notice of Violation Compliance Inspection Buttke Dairy Enterprises, #76-12 Randolph County Dear Mr. Buttke: On December 13, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office and Alan Johnson of the Mooresville Regional Office performed a compliance inspection at the Buttke Dairy Enterprises facility in Randolph County. As you know, Mr. Wayne Buttke, the certified operator was also present during the inspection. While the waste storage capacity in the structures was adequate, Division of Water Quality (DWQ) staff noted several other animal waste violations and concerns that warrants your immediate attention and action. The following items should be addressed in your response to our office: On the date of the inspection, several tons of solid waste from the bottom of waste storage pond "Upper #2" was observed stockpiled, uncovered, -in a field adjacent to where fill dirt is being removed. Note that, per your animal waste management permit (Section 11, # 2 and #4), waste is to be applied to fields and at agronomic rates specified in your Certified Animal Waste Management Plan (CAWMP). An analysis of the stockpiled waste must be conducted immediately and the solids either: land applied in accordance with the CAWMP; or reused immediately as bedding as was discussed during the inspection. You are currently in violation of Section II, #4 and #11 of the animal waste permit. 2. The "new" concrete waste storage structure was to be certified as part of your CAWMP prior to use. On the date of the inspection, Division of Water Quality staff observed that waste had already been scraped into one end of the structure and bedding waste stockpiled at the other end. A permanent berm also needs -to be installed around the far end of the structure to contain leachate from the stockpiled bedding that is to be kept at this end. Per the animal waste permit, a gauged marker also needs to be installed prior to certification. These are violations of Section I, #1 and #2 and Section III, #2 of the animal waste permit. XPW NCDnNR - Customer Service Division of water Quality / Water Quality Section 1 600 858-0368 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336)771-4630 Internet: httpJ/wc.dhnr.state.nc.us Buttke Dairy Enterprises January 2, 2002 Page 2 3. A review of the facility's waste records also revealed that an over application of waste had occurred on several fields as evidenced by the excessive PAN (Plant Available Nitrogen) rate. This is, again, a violation of Section II, #4. Specifically, there were several fields in which waste was applied to the rye cover crop in the Fall of 2000 and the PAN applied to this rye was neither deducted from the Spring 2001 com crop nor harvested. 4. On the date of the compliance inspection, large, sloped, areas of exposed and non -vegetated soil were noted around the new concrete waste holding structure. This is a violation of the animal waste permit Section II, #10. It is recommended that vegetation be established for soil stabilization on all newly graded areas. You may also wish to install erosion control devices on the steeply sloped areas. 5. Waste from all storage structures must be sampled and analyzed if land applied. On the date of the inspection, only one waste analysis was available while waste from all three structures had been land applied. This is a violation of the animal waste permit Section III, #3. 6. A record of the amount and nitrogen content of any waste that is "given away" must also be kept. These records were not available on the date of .the inspection. This is a violation of the animal waste permit Section III, #5. .E Note that failure to maintain adequate records as described above is also a violation of NCGS 143- 215.1. 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. A written response must be submitted to this office within 15 days of receipt of this Notice indicating the actions taken to correct the problems noted in this letter. This written response should include an explanation of "when and how" the problems have or are to be corrected. Please address your response to the attention of Ms. Rosebrock at the address shown on the letterhead. 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 (336) 7714600. Sincerely, ;2D . Cz.--U— Larry D. Coble Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Wayne Buttke — Certified Operator Randolph County Natural Resources Conservation Service/Soil and Water Conservation District Marlene Salyer — DSWCD WSRO Alan Johnson — MRO DWQ , RUDWQ;Facility FtieslCentral Files ■ 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, or on the front if space permits. Article Addressed to: MR ARLIN BUTTKE 5796 WALKER MILL ROAD RANDLEMAN, NC 27317 A. Signature //��,� ❑ Agent x dLl7� ' ❑ Addressee B. R ived by ( Printed Name) C. feof elivery Y— 6 Z D. Is delivery address different from item 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 09ICertified Mail ❑ Express Mail ❑ Registered 03"RMum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7D f 4- 3 Y De • D 00 G ln�J�- d G C PS Form 3811, August 2001 Domestic Return Receipt 102595.01-M-2501 UNITED STATESI3rA 4 gga}}`, w I' p, ostage.8rfees.8aid A J OS JAN I I No..G�O n rl • Sender: Please print yo narne, address`a IP+4 in � �-� WATER QUALITY NC DENR 585 WAUGHTOWN WINSTON SALEM, r rX . `j?o&hA.et— STREET NC 27107-2441 RECEIVED N.C. Dept. of C�- JAN 0 Z 2002 Winston -Sal : m Redonal Offi ;e .tom 3 CjS IIIIfII1liI11lIIIItl IIIII I I I I I I I I I I I 114 I I I I I I I I I I I I I I I I It E I I I September 7, 2000 Kerr T. Stevens North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Kerr, Enclosed in this mailing is the information that you requested for my application of an Animal Waste Operation General Permit to be completed. This information is being provided in response to the letter I received from your office in the letter dated July 11, 2000. I am providing the requested information in duplicate for my operation identified as Buttke Dairy; Facility Number. 76-12, Randolph County. As always, if you need additional information, please let me know l Sincerely,$A 0j, Arlin Buttke Enclosures (2) cc: Randolph SWCD sEo�to� i State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Arlin Buttke Buttke Dairy Enterpr 3562 Plainfield Road Sophia NC 27350 Farm Number: 76 - 12 Dear Arlin Buttke: &VIM ph NCDENR NORTH CAROLfNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 11, 2000 N.C.REC lVED CDept,. of i_HN JUL 12 2000 Winston-Salem Regional Office You are hereby notified that Buttke Dairy Enterpr, 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 six 60 day s 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 (919)733-5083 extension 502 or Melissa Rosebrock with the Winston-Salem Regional Office at (336) 771-4600, Sincerely, 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 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Caro Department of Enviro ent and Natural Resources Division of Water Qualify Jaynes B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Arlin Buttke Buttke Dairy Enterpr 5796 Walker Mill Road Randleman NC 27317 Dear Arlin Buttke: 1 • � NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RErE_IVED December30, 1999 N.C. Dept. Of EHNR JAN 0 5 2000 Winston --Salem Regional office Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 76-12 Randolph County This letter is being sent to clarify the recordkeeping requirement fo'r 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. IRR1, IRR2, DRY I, DRY2, DRY3, SLUR I, 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 (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Randolph County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper t Amer.--, b-A-Sta,,e� 4ZC.-iO opt- r USDA Natural Resources Conservation Service I I I Jackson Street PO Box 8 Yadkinville, NC 27055 Phone 336-679-4863 Fax 336-679-3088 April 9, 1999 - . Subject: ENG - Design Revisions -` Jimmy Mitchell Dairy (Producer) Arlin Buttke (Property Owner) Animal Waste Management System Randolph County, North Carolina To: Mr. Barton Roberson District Conservationist 241 Sunset Avenue Room 105, Federal Building Asheboro, North Carolina 27203 OnApril8, 1999, Bill Timpson, Daphne Cartner, Tommy Burchette and I met with Arlin Buttke at Buttke Enterprises (the location of the Jimmy Mitchell Dairy) to discuss the items required for certification of the operation. During this meeting the following items .were reviewed: • 100-ft. Fenced Buffer in the pastures along Walker Mill Road Mr. Buttke indicated that these pastures are not included in Mr. Mitchell's lease and wanted to removed the fenced buffer. At the time of the design - surveyeach of the three pastures had 'contained animals. Currently only the - - bull lot .has cows and the pasture next to the driveway "has a horse. Mr. - -__.Buttke-said .that the .bulls -were going to be removed.- If-the--bulls--are- - - - permanently removed from the pasture and no more than one horse.is in any of the pastures, the fenced buffer maybe removed. • Energy dissipator at the outlet of the concrete chute from the parking lot At the time of design, there were horses in the pasture beside the outlet channel. The horses and the fences adjacent to the channel have been removed -It' was discussed and decided that the outlet channel be relocated _.to flow -through the -former pasture area. The exact pattern will -be laid out during construction. The pasture where the new _outlet of the energy _ dissipator is to be drilled .with fescue to provide a permanent ground cover. The old channel should be repaired and stabilized to prevent further erosion. Page Two of Four • Mr. Roberson April 9, 1999 • Parlor Water Pipe from the older milking parlor Mr. Buttke said that the parlor water from the older parlor -had not been diverted into the waste storage ponds. Since the parlor is still active, a collection basin such as a septic tank with a sump pump must be sized and installed to collect and purnp the parlor water into the waste storage pond. Mr. Buttke was asked to contact an irrigation specialist to complete this portion of the design to ensure that the pump is accurately sized. I will have to review and approve the irrigation 'specialist's design prior to installation. The existing parlor water pipe will have to be capped adjacent to the collection basin to prevent any seepage from entering the pipe and causing erosion at the outlet. Another option would be to completely remove the remainder of the pipe and restablize the area. • Concrete curbing around the collection basins at the end of the alleys Mr. Buttke concurred with Mr. Mitchell's concern about the difficulty of bedding the freestalls if permanent 30" high curbing were placed at the end of the alleys. Therefore, moveable concrete barriers (highway type barriers with one vertical, smooth side) may be used across the ends. It will require two barriers butted together at the end .of each alley. The side curbing is to --be constructed to match the height of the moveable barriers and in accordance with the curbing -detail drawing prevoiusly provided. Each barrier is to be attached to the side curb.nearest to the barrier with a cable or heavy chain of sufficient length to allow the barrier to be moved to one side during bedding operation only. Either an "I" bolt, a "Q" shaped piece of rebar or other means of attaching a cable will be poured into the top of side curbing. - If the barriers are found to be out of place at any time when bedding is not .being completed, the -entire Animal Waste Management Plan with be void - and -Division of Water Quality'-'- uality will be notified of the violation.- If -this violation occurs.. all _NRCS assistance for the Animal -Waste Management System will .---.--be withdrawn. for this. operator__(Mr..Jimmy-Mitchell).---- ----_.----- --Catch Basin at the outlet of the Silage Trench The placement of the "speed bump" curbing and location of the catch basin were .reviewed with Mr. Buttke. • Relocating the fence from the top of the dower dam - - _ - A -three stfi3Cld -fence has been constructed below the toe of the lower dam. -It was -recommended for maintenance purposes that the -old fence betaken down. Page Three of Four Mr. Roberson April 9, 1999 • Emergency Spillway Restoration Since the waste storage ponds fall under the jurisdiction of the NC Dam Safety -Law, the restoration plans were submitted to the Land Quality - Section. Mr. Mitchell has received approval from Land Quality to restore the emergency spillways acb-oMing to the approved design. Mr. Matthew Gantt is to be notified 10 days prior to beginning construction. The local NRCS staff -must be notified prior to the start of work--since-the Land Quality — approval stipulates that the NRCS supervise the restoration work. • Emptying Waste Storage Ponds Mr. Buttke indicated that he had contacted the Southers from Iredell County _ to contract haul the waste water to acreage that Mr. Buttke has leased in Randolph County. The Southers are planning to start sometime the week of April 12th - weather permitting, etc. Please note that during the pumping operation, the field office staff should monitor the operation to ensure that the liquid level is not lowered so fast that it causes a slope failure on the inside slope of either structure. The policy from NC Dam Safety is that the liquid level should not be lowered more than one (1) foot in a 24 hour period. ..After the liquid level -has been lowered as -much as practical with the available equipment, the sludge accumulation will be evaulated by the Conservation Engirieering Staff to determine the amount/depth to be removed. It was recommended that Mr. Buttke have waste analysis run for each waste storage pond immediately. Until .the results of the waste analysis are _received, the application rate will be calculated using "book" values. The District office should be notified of the fields and crops where waste is being applied so that they provide nitrogen amounts per field to prevent over application. -,'During'the meeting;-Mr.-Buttke- indicated that'if--Mr.-Mitchell was not -going' to do the work that he would. At that time, we discussed the NC Ag. Cost Share contract.' - 'The' contract is'written for Mr. Mitchell to complete and receive payment on the cost sharable portion of the work that meets the standards and specifications and has been inspected during installation. TheField Office Staff should be in -contact with'Mr.'Buttke and -Mr. Mitchell to determine who will'be -completing-the work to -determine if the cost share -contract needs to -be modified. -. - - During completion of the certification work, Bill -Timpson should be the primary local contact. Bill has-been present during discussions about the plan and all modifications and is familiar with the requirements of the plan. Page Four of Four Mr. Roberson April 9, 1999 Attached is a copy of the letter dated April 5, 1999, from Daphne Cartner to Mr. Mitchell addressing the work that has been completed. In addition to the work noted in that letter, the undesirable vegetation is being removed from the - downstream slope of the dams. Please note that these slopes are to be revegetated in accordance to th ;D Seeding Specifications in the approved design. If_ you have any questions, please contact Daphne Cartner, .ferry Pate or me. _ Angela G. Jessup, P.E. Civil. Engineer. - - - - Enclosure cc: Tom Wetmore, ASTCFO Don Griffin, P.E. Jerry Pate,. CET Bill Timpson, SCT -- — _---Daphne Cartner,' EIT,- DSWC� __. Arlin .Buttke Jimmy Mitchell, Corey Basinger, DWQ Carroll Pierce, P.E. Harry.Gibson,. P.E. G. 0 A r .r.,..r..r� NCDENR J11MES B. HUNT JR. GOVERNOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WInsTON-SALEM REGIONAL OFFICE Division of Soil & Vvater Conservation .April 5, '1999 _.. _ . Mr. Jimmy Mitchell. Jr. WAYNE MCDEW.rr Mitchell Dairy SECRETARY.• ' 3800 Coopers Mountain Road Martinsville. Virginia 24112 RE: Timmy Mitchell/Arlin Buttke Dairy - Randolph County. North Carolina Dear Mi. Mitchell: On April 1, 1999. Bill Tempson and 1 met with Tim. Farm Manager. at the dairy in Randolph County concdrninb the work that had been done and - - needed to be done toward the certification plan. At that time, fencing in the bull lot to provide the required 100 ft. buffer, a riprap channel at the outlet of - the concrete chute from the parlwin lot and one section of curbin4 at the -. existing, catch basin had been constructed. We discussed with him the need for the District personnel -to be aware of when work involving the certification requirements and/or NC Ag. Cost - _ -----Share-was being -done -on the farm. For an operator to -receive NC. Ag. Cost Share -Funds , the work must meet NRCS standards and specifications and the District _staff _isxequired to inspect criticalportionsof the construction such as reinforcement and forming of concrete structures. - -� - The District staff can also provide assistance -in -understanding what needs to be done. For example, the riprap channel at the outlet of the concrete - chute from the parking lot is -not the measure that was designed -and will have tn _ to be reworked. The planned/required structure is an enemy dissipator which -will slow- and: spread:the.runoff°to-prevent concentration of flown and -erosion,. .. The remainder of the channel: is to be ��raded to prevent concentrated flow. - ---- - = Also. the fencing.that has.been.constructed.does.not.have:adequate bracing or - atiands to meet the requUements-for-cost-share.- 585 WAUGi-ITOWN STRKE7, WINSTON-SALEM, NORTH CAROLINA 27107 • PHoME336.771-4600 PAX336.771.4631 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPEP Page Two Mr. Mitchell - April 5. 1999 During the site survey, it was indicated that all parlor water had previously been - piped to the waste storage ponds —The site survey picked up two -pipes in the channel below the concrete chute from the parking area. These pipes were presumed to be `abandoned:_ During this -site visii, howe',er__one-of the _PVC pipes _was flowing with water - — - that due to the milky -color -appeared to be parlor water which is a direct discharge. The - - pipes must have a caps glued on the outlets.' Please let me or the District know immediately if there is not currently a means for this parlor water to be transferred to the waste storage ponds. . If you have any questions, please feel free to contact me at the address or"phone , number on the previous page or you can contact the District office at 336-629-4449 extension 3. Sincerely, Daphne M. Cartner, EIT _ Environmental Engineer 1 cc: Carroll Pierce m Tom Wetmore, ASTC_FO Angela Jessup, CE Jerry Pate, CET - .---Barton Roberson,-DC•Randolph,SWCD-- = Bill.Terripsori,-SCTRandolph -SWCD 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Arlin Buttke 5796 Walker Mill Road Randleman NC 27317 Dear Arlin Buttke: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 18, 1999 Subject: Special Agreement for Farm No.: 76-12 Buttke Dairy Enterpr Randolph County This is to inform you that this office has not yet received a completed certification form for the subject facility's animal waste management system. Your Special Agreement with the Environmental Management Commission (EMC) required you to obtain and implement a Certified Animal Waste Management Plan (CAWMP) for the subject facility by November 15, 1998. If you have obtained and implemented a CAWMP and have mailed the completed certification to the Division of Water Quality (DWQ), please contact Ms. Sonya Avant at (919) 733-5083 ext. 571 for assistance. If you have not submitted a CAWMP certification form to the DWQ, please do so within 60 (sixty) days of your receipt of this letter. Please mail your completed certification form to the attention of "Shannon Langley" at the letterhead address. As of the date of this letter, in accordance with the terms of the Special Agreement you entered into with the EMC, the stipulated penalties due total $58,700.00. This amount increases by $500.00 everyday. In addition to a completed certification form, please also submit, in writing, your reasons for noncompliance with the terms of your Special Agreement with the EMC. I will review these responses in determining whether to require full, partial or no payment of the above mentioned penalties. Further, please be advised that failure to submit a complete and acceptable certification of the subject facility's animal waste management plan within 60 (sixty) days of your receipt of this letter will result in my referring this matter to the Attorney General's Office for further action in Superior Court. Any action taken by the Attorney General's Office will not absolve you of stipulated penalties for noncompliance with your Special Agreement. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Arlin Buttke Facility Number: 76-12 March 18, 1999 Page 2 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the State of North Carolina's Environmental Laws and Regulations. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581 or Mr. Steve Lewis at (919) 733-5083 ext. 539. Sincerely, Kerr T. Stevens cc: Regional Water Quality Supervisor - WSRO Shannon Langley/Special Agreement Files Central Files As State of North Caroli Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Arlin Buttke Buttke Dairy Enterpr 5796 Walker Mill Road Randleman NC 27317 Dear Arlin Buttke: NCDENR NoRm CARouNA DEPARTMENT of ENwRONME:wr AND NATURAL ResouRcEs August 20, 1998 N. C. A AUG 24 1998 Winston-Salem Regianai Office Subject: Special Agreement - Facility Number: 76-12 Buttke Dairy Enterpr Randolph County Attached for your records is a copy of the.signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A. Preston Howar ATTACHMENTS cc: WSRO Regional Office Randolph County Soil and Water Conservation District Facility File Central Files Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMM ION COUNTY OF RANDOLP walff% IN THE MATTER OF Kim & 9% SPECIAL AGREEMENT DIV. WATER QUALITY FACILITY NUMBER: 76-12 ARLIN BUTTKE DIR TORS OFFICE Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Arlin Buttke, 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 NCAC214 .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 ail 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 15ANCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by November 15, 1998. Farm Number: 76-12 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 finding 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). •f L _ Farm Number: 76-12 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 Buttke Dairy Enterpr P ' Name of Owner r Date __I .l 0-_ _I -D-- . Signature of Owner For the North Carolina lEnvironmental Management Commission: V Date of the Commission . 16 State of North Carolin• Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director July 17, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Arlin Buttke 5796 Walker Mill Road Randleman NC 27317 49I�V'A —i NCDENR NORTH CARouNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED N.C. De, pi. of EHNR y J U U 2 2 1998 Y it-11173fio .i" Salea ` Pe�)Iio aj C) ic() Subject: Special Agreement Certified Animal Waste Management Plan Buttke Dairy Enterpr Facility Number: 76-12 Randolph County Dear Arlin Buttke: As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 4, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Arlin Buttke in order to allow additional time for Arlin Buttke 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 919-733-5083 Fax 919-715.6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571. Sincere] A. Preston Howard, Jr. P.E. Attachment cc: Facility File -- Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files J �• NORTH CAR • OLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF RANDOLPH IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 76-12 ARLIN BUTTKE Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Arlin Buttke, 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 NCAC21-1.0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER' from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by November 15, 1998. Farm Number: 76-12 0• 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).