760028_CORRESPONDENCE_20171231

r
- Animal Waste Management
Emergency Calls Recording F*
—Ruffkalle:
Date call received: _`� �p 1 Time call received: I : q 4 PM
Facility name:. - Facility number:
Caller's name: Phone number: (o - 3 a 3
Number of lagoons or waste storage ponds overflowing at the facility: -6r
For each waste structure at the facility, list the number of inches remaining before waste could
overflow the dam or discharge through the spillway, and the condition of the embankment:
Structure Inches Does the structure have
a spillway (Yes/No)
2
3
4
Is the embankment
structurally sound (Yes/No)
Person taking call: P"tt,55q
Additional comments:
62 5lJ
le,� � io5 P, &eij �
kzd_d�

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins
Governor Director
May 19, 2010
Doris Cashatt
5665 Davis Country Rd
Randleman, NC 0
Subject: Notice of Deficiency ONOV2010-PC-0592
Cashatt Dairy
Permit No. AWC760028
Randolph County
Dear Mrs, Cashatt:
Dee Freeman
Secretary
During the Fall or Winter of 2009-2010, a representative of your animal operation informed the
Division of Water Quality (DWQ) Winston-Salem Regional Office that there was inadequate freeboard in
the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section III. No.
13) states that the "Permittee shall report by telephone to the appropriate Division Regional Office as soon
as possible, but in no case more than twenty-four (24) hours following first knowledge of the ... failure to
maintain storage capacity in a lagoon/storage pond greater than or equal to that required in ... this General
Permit." We appreciate the fact that you reported the problem of high waste level as required by your
permit and have worked with our staff to manage the problem once it occurred.
While we recognize the extraordinary weather conditions existing at the time, the lack of adequate
freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to
your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ.
The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made to resolve the
problem once identified, and efforts proposed ' to prevent future problems have all been factors in our
decision regarding enforcement. upon review and consideration of the information submitted and/or
discussed with DWQ staff, the Winston-Salem Regional Office has determined that a Notice of Deficiency
(NOD) is appropriate and that no further compliancelenforcement actions will be taken by the Division for
the high waste levels occurring between October 2009 and March 2010.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
This may include, but is not limited to, water conservation practices, adding additional application sites,
updating your cropping systems, adding additional and I or more flexible application equipment, and main-
585 Waughtown Street, Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] One
Internet: www,ncwaterguality.org No.rthCai-oliria
An Equal Opportunity 1 Affrrnative Action Employer Nalmra //y

High Freeboard NOD
May 19, 2010
Page 2
taining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year.
Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and
implement any needed changes to your system.
Thank you again for your cooperation. If you have any questions regarding this letter, please do not
hesitate to contact the Winston-Salem Regional Office at [phone].
Sincerely,
r
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
CC: WSRO Facility File
DWQ-APS-Animal Feeding Operations Unit
,Joseph Hudyncia — DSWC WSRO
APS Central Files Permit No. AWC760028

RECEIVED
�"� N.C. Dept of ENR
kotification of Change of Ownershi�
Animal Waste Management Facility SEP 0 9 2009
Winston-Salam
(Please type or print all information that does not require a signature) Regional ores
In accordance with the requirements o€15A NCAC 2T .I304(c) and 15A NCAC 2T .1305(d) this form is official notification
to the Division of Water Quality (DWQ) of the transfer of ownership of an Animal Waste Management Facility. This form
crust be submitted to DWQ no later than 60 days following the transfer of ownership.
Ge,,,iu gol Information:
Name of Farm: Cashpg Dairy Facility No: 76 - 28
Previous Owner(s) Name: R Sidney Cwhatt (Dmeasedl Phone No: 98- 56
New Owner(s) Name: Doris D. CashattS Phone No: _33b498-3563
Mailing Address: yi oW= aq§d RMdIgMan,1
Farm Location: Latitude and Longitude: _,L5 43/ 72 —XL 9 County: Randolph
Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions,
milepost, etc.): US 31 i South. Left onto Cedar Square Road Right onto Davis Country Road — 3 miles
Operation Description:
Type ofSwine No. of Animals
❑ Wean to Feeder
© Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
0 Gilts
© Boars
Type of Poultry
❑ Layer
❑ Pullets
No. of Animals
Type of Cattle No. of Animals
❑ Dairy 279
❑ Beef
Other Type of Livestock: Number of Animals:
Acreage Available for Application: 144.5 Required Acreage: _ 81
Number of Lagoons 1 Storage Ponds. I Total Capacity: Cubic Feet (ft3)
Owner / Manager Agreement
I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and
maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the firm named above
and will implement these procedures. I (we) know that any modification or expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a permit modification before the new animals
are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to
surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year,
24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that this facility may be
covered by a State Non -Discharge Permit or a NPDES Permit and completion of this form authorizes the Division of Water
Quality to issue the required permit to the new land owner.
Name of Previous Land Owner: R. Sidnev Cashatt
Signature: Date•
Name of
Please sign and
this form to: N. C. Division of Water Quality
Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-16M
May 2, 2007

} CNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins -Dee Freeman
Governor Director Secretary
August 21, 2009 _
RECEIVED
CERTIFIED MAIL - #7006 2150 0003 5467 4118 N.C. Dept. of ENR
RETURN_RECEIT REQUESTED AUG 2 5 2009
Winston-Salem
Doris Davis Cashatt Regional office
Cashatt Dairy
5631 Davis Country Rd.
Randleman, NC 27317
Subject: Additional Information Request
Application No. AWC760028
Cashatt Dairy
Randolph County
Dear Ms. Cashatt:
The Animal Feeding Operation Unit of Division of Water Quality's Aquifer Protection Section has
completed a preliminary review of your renewal permit application package. Additional, information is,required
:before.we may continue our review. -Please address the.following.items within 15 (fifteen) days.of receipt.of:this
letter:
1. ... The name of the owner -in .your.permit application is different from the name on your. existing..certificate of
—coverage (COC) forth& general permit.•Ori a letter dated May 12, 2009, the -Division of Water..Quality' (DWQ)
... -requested additional information requiring you.to:submit change of ownership form.. As of today;-DWQ has -still.
novreceived a response to,the request: -Pleas& fill. out the; attached. Change of Ownership- Form. -and submit to my,
attention -at the, address given on the form. A:blank copy of this.form•can also be, downloaded � form -the; following
web link:
htt ://h2o.enr.state.ne.us/a s/afou/documents/Chan eo.f'Ownershi I5-2-07.doc
,Please be aware that you are responsible for.meeting all requirements set forth in North Carolina rules and
regulations. Any oversights that occurred in the review of the subject application package are still the
responsibility of the applicant. In addition, any omissions made in responding to the -above items shall result in
future requests for additional information.
Please reference the subject application number when providing the requested information. All revised
and/or additional documentation shall be signed, sealed and dated, with two (2) copies submitted to my. attention at
the address below. Please note that failure to provide this additional information on or before the above requested
date may result in your application being returned as incomplete.
If you have any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
7*4al
Miressa D. Garoma
Animal Feeding Operations Unit
cc: Winston-Salem Regional Office, Aquifer Protection Section
Randolph County Soil and Water Conservation District
APS Files- AWC760028
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwaterguality.ora Location: 2728 Capital Boulevard Raleigh, NC 27604
An Equal OpporlunitylAfflrmative Action Employer— 50% Recycled110% Post Consumer Paper
One
Npr hcarolina
)atura!!Y
Telephone: [phone]
Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

,�4 jZ 0
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
May 12, 2009
y
RECEIVED
N.C. Dept, of ENR
Doris Davis Cashatt
MAY 14 2009
Cashatt Dairy
Winston -swum
5631 Davis Country Rd.
Regtonai ofnco
Randleman, NC 27317
Subject: Additional Information Request
Application No. AWC760028
Cashatt Dairy
Randolph County
Dear Ms. Cashatt:
The Animal Feeding Operation Unit of Division of Water Quality's Aquifer Protection Section has completed a
preliminary 'review of your renewal permit application package. Additional information is required before we
may continue our review. Please address the following items within 30 (thirty) days of receipt of this letter: .
The name of the owner in your permit application is different than the name on your existing certificate of-
coverage,(COC) for the general permit. Please fill out the attached Change of Ownership Form-and'submit
to my attention�at the address given on the form. A blank -copy of this form can also, be'downloaded
form the following well link:
littp:Hh2o.enr.state.iic.us/aps/afouldocuniciits/ChangeofOwnership5-2-07.doc
Please be awamthat:you are responsible for meeting all. requirements set forth in North Carolina rules and.
regulations.,Any: oversights _that occurred in the review of the subject application package are still the • �.r.
responsibility of the applicant. In addition, any omissions made in responding to the above items shall result in::
future requests for additional information.
Please reference the subject application numbenwhen providing the requested information. All revised and/or
additional documentation shall be signed, sealed and dated, with two (2) copies submitted to my attention. at the
address below. Please note that failure to provide this additional information on or before the above requested
date may result in your application being returned as incomplete.
If you have any questions regarding this letter, please feel free to contact me at [phone].
cc: Winston-Salem Regional Office, Aquifer Protection Section
Randolph County Soil and Water Conservation District
APS Files- AWC760028
Aquifer Protection Section 1636 Mail Service Center
Internet: www.newaterauality.orQ Location: 2728 Capital Boulevard
An Equal OpponunitylAffirmative Action Employer— 50% Recycledl10%Post Consumer Paper
SincereI ,
Miressa D. Gamma
Animal Feeding Operations Unit
NOrrt h Carolina
NlJl=1711lf
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Re: [Fwd: Re: Cashatt Dairy #76-28]
0
Subject: Re: [Fwd: Re: Cashatt Dairy #76-28]
From: Jason Wright <[e-mail]>
Date: Mon, 25 Aug 2008 06:19:52 -0400 (EDT)
To: Melissa Rosebrock <[e-mail]>
Hey Melissa,
We can use the barn address, 5631 Davis Counry Road.
Also, do you want that Backup Operator Form in Hardcopy or Computer Program? We can do either.
Just let me know and to what address I need to send it to!
Thanks and have a great day!
Heather Wright
----- Original Message -----
From: "Melissa Rosebrock" <[e-mail]>
To: "Heather Wright" <[e-mail]>
Sent: Tuesday, August 19, 2008 3:07:35 PM (GMT-0500) America/New—York
Subject: {Fwd: Re: Cashatt Dairy #76-281
Hey Heather,
For your dad's address for his operator card and bill .... what address does he want to use? 5631 ? 5763
Also, please complete the attached form to add you as back-up operator for #76-28 (Cashatt Dairy).
Just write "Back-up Operator" on the form next to your name.
Thanks.
Melissa
-------- Original Message--------
Subject:Re: Cashatt Dairy #76-28
Date:Tue, 19 Aug 2008 12:18:52 -0400
From:Beth Buffingion <[e-mail]>
To:McIissa.P,[e-mail]
CC:Jaya Joshi <Jaya.Joshi(u,ncmai1.net>
References:<48A9C4C6.6010807 a,ncmail.net>
Hey Melissa,
I have the OIC's (Sidney Cashatt) address as 5631 Davis Country Road
does that need to be changed also?
To add a backup, they'll need to complete a new designation form. I c,
put one in the mail to them, or email one to you if you'd rather get .
1 of 2 9/2/2008 l :41 PM

Re: [Fwd: Re: Cashatt Dairy #76-28]
ti
r '
to them.
Thanks, Beth
Melissa Rosebrock wrote:
> Would you update this farm's mailing and physical address in BIMS t,
> 5631 Davis Country Road (NOT 5763 as is currently).
> Also, please add a back-up operator: Heather C. Wright #990869
> Thanks for your assistance!
> Melissa
> Melissa Rosebrock
> Environmental Specialist
> NC DENR Winston-Salem Regional Office
> Division of Water Quality - Aquifer Protection Section
> 585 Waughtown Street
> Winston-Salem, NC 27107
> Voice: [phone]
> FAX: [phone]
Melissa Rosebrock
Environmental Specialist
NC DENR Winston-Salem Regional Office
Division of Water Quality - Aquifer Protection Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
2 of 2 9/2/2008 1:41 PM

DENR — ENVIRONMENTAL NF# TI5A: 18C .1200
SECTION .1200 - PROTECTION OF FILTERED WATER SUPPLIES
.1201 • RECREATIONAL ACTIVITIES
(a) No recreational activities shall be permitted on a class I or class II reservoir without a resolution by the commission or without
approval by the Department. The Department may approve recreational events on a class I or class IT reservoir which last one day
or less upon a showing that the recreational event will not adversely affect the quality of the water to the point of rendering it
unsuitable as a source for a public water system. All other recreational activities on a class I or class II reservoir shall be
permitted only upon a resolution by the commission authorizing the activity.
(b) Upon request for such a resolution, the Division shall make or cause to be made a thorough investigation of the quality of the
water to determine the extent to which the proposed recreational activities would adversely affect the quality of the water. If, after
such investigation, the Commission for Health Services is of the opinion that the proposed recreational activities will not
adversely affect the quality of the water to the point of rendering it unsuitable as a source of public water system, the Commission
for Health Services may adopt a resolution authorizing the proposed recreational activities.
(c) Only those recreational activities specifically authorized in the resolution will be allowed. No recreational activities shall be
permitted within 50 yards of any public water system intake.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff: January], 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1985; September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1301 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990,
.1202 PROTECTION OF WATER QUALITY
The issuance of a resolution by the Commission for Health Services for recreational activities on public water supply reservoirs
shall be contingent upon the governing authority establishing provisions for adequate sanitation facilities, supervision and police
control to insure the protection of the water quality.
History Note: Authority G.S. 130A-315; 130A-320; P.L 93-523;
Eff. January 1, 1977,
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1311 Eff. April 4, 1990.
.1203 MAINTENANCE OF PARKS
Parks or other places of resort for the use and entertainment of the public which may be established and maintained on a
watershed shall be provided with sanitary facilities for the collection of garbage and disposal of sewage. Such facilities must not
cause deterioration of water quality. Persons in charge of such facilities must maintain these facilities at all times in order to
prevent the pollution of the public water system.
History Note: Authority G.S. 130A-315; 130A-320; P.L 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September], 1979;
Transferred and Recodified from 10 NCAC 10D .1302 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1204 FISHING
(a) Fishing shall not be permitted on any Class I or Class IT public water supply reservoir without a resolution granting permission
by the Commission for Health Services. In order to obtain permission, a written application shall be submitted by the owner of
the water supply to the Commission for Health Services. Permission shall not be issued until an investigation has been made by
an authorized representative of the Division of Environmental Health and a determination made that fishing in the reservoir will
not adversely affect the water quality.
(b) The application requesting permission to fish in any reservoir shall be accompanied by sufficient evidence (such as ordinances
adopted by the applicant) to insure that the following requirements will be enforced by the applicant:
(1) Fishing will be permitted only from boats owned or controlled by the applicant. Boats will at all times be under
the supervision and jurisdiction of a responsible representative of the applicant. Bank fishing may bepermitted
in restricted supervised areas with proper sanitation facilities when specifically approved by the Commission
for Health Services.
A ^1

DENR — ENVIRONMENTAL H41PH 0 T15A; I8C .1200
(2) A sufficient number of wardens and watershed inspectors will be employed at all times to insure that no acts of
urination, defecation or other acts which would defile the water supply are committed by any person while
fishing in the public water supply reservoir.
(3) A fishing dock, or docks, will be provided or controlled by the applicant for the purpose of docking fishing
boats. No boat shall enter or leave the reservoir except from a ramp owned or controlled by the applicant.
History Note: Authority G.S. 130A-315; 130A-320, P.L 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977,
Amended Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1303 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
.1205 PERMISSION TO FISH
History Note: Authority G.S. 130A-315; 130A-320; RL 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1501 Eff. April 4, 1990;
Repealed Eff. September 1, 1990.
.1206 ENFORCEMENT OF FISHING REQUIREMENTS
History Note: Authority G.S. 130A-315; 130A-320; AL 93-523;
Eff. January 1, 1977,
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1502 Eff. April 4, 1990;
Repealed Eff. September 1, 1990.
.1207 ANIMALS IN RESERVOIR
The watering, washing or wallowing of any horses, mules, cattle, or domestic animals shall not be permitted in any class I or class
II reservoir. The supplier of water may permit domestic animals within 50 feet of normal pool elevation if the animal is under
direct supervision by a person and the activity is regulated by the supplier of water to ensure that water quality is not adversely
affected.
History Note: Authority G.S. 130A-315; 130A-320; P.L 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1304 Eff. April 4, 1990;
Amended Eff. July 1, 1994.
.1208 CONTROLLING THE DRAINAGE OF WASTES
Precautions shall betaken on the watershed of class I and class II reservoirs and water intakes located on unimpounded streams to
control the drainage of wastes from animal and poultry pens or lots, into such sources.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1305 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
.1209 UNTREATED DOMESTIC SEWAGE OR INDUSTRIAL WASTES
No treated or untreated domestic sewage, treated or untreated industrial waste or by-products shall be stored on the watershed of
or discharged into any public water supply reservoir or stream tributary to that reservoir whose waters are classified as WS-1. No
untreated domestic sewage or industrial waste by-products shall be discharged into any public water supply reservoir or stream
classified as WS-II, WS-III, WS-IV, or WS-V. No hazardous waste, industrial by-products, treated or untreated domestic sewage
shall be stored in the watershed of a Class I or Class II water supply reservoir. No hazardous waste or industrial by-products shall
be stored in the watershed of a WS-II, WS-III, WS-IV, or WS-V stream unless precautions are taken to prevent its being spilled
into or otherwise entering the raw water supply.
40

DENR — ENVIRONMENTAL
T15A: 18C .1200 ,
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977,-
Readopted Eff. December 5, 1977;
Amended Eff. February 1, 1987;
Transferred and Recodified from 10 NCAC 10D .1306 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1210 SEWAGE DISPOSAL
Any residence, place of business or public assembly, located on a watershed shall be provided with a sanitary means of sewage
disposal.
History Note: Authority G.S. 130A-315, 130A-320;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1309 Eff. April 4, 1990.
.1211 GROUND ABSORPTION SEWAGE COLLECTION: TREATMENT/DISP SYSTEMS
(a) No facility, including but not limited to a residence, mobile home, mobile home park, multi -unit building or dwelling, place of
business or place of public assembly on a lot located on a watershed of a class I or class II reservoir or on the watershed of the
portion of a stream classified as WS-I, WS-II, WS-III, WS-IV, or WS-V extending from a class I reservoir to a downstream intake
of a water purification plant shall use a ground absorption sewage disposal system unless all of the following criteria are met:
(1) The lot includes 40,000 square feet or more, except as provided in Subparagraphs (a)(2) and (a)(3) of this Mule;
(2) The lot shall include enough total area to equal an average of 40,000 square feet per residential dwelling unit
for a multiple unit residential building or mobile home park;
(3) The lot shall include enough total area to equal an average of 40,000 square feet for each business within a
multiple unit place of business or place of public assembly;
(4) The lot for any business or place of public assembly for which the anticipated wastewater generated exceeds
1250 gallons per day will require an additional 40,000 square feet of area per each additional 1250 gallons per
day or portion thereof; The anticipated wastewater generated shall be determined in accordance with 15A
NCAC 18A .1949;
(5) The lot size requirement shall be determined by excluding streets; and
(6) Compliance with all other applicable state and local rules and laws is achieved.
(b) The Director of the Division or his authorized representative, shall have authority, when special local factors permit or require
it in order to protect the public health adequately and to ensure proper health and sanitary conditions, to increase the lot size
requirements in particular cases upon a determination based on any of the following factors:
(1) size of the reservoirs;
(2) quantities and characteristics of the wastes;
(3) type of business, use, or activity;
(4) coverage of lot area by structures, parking lots and other improvements; and
(5) type and location of the water supply.
(c) The requirements of this Rule do not apply to those portions of a water supply reservoir watershed which are drained by
waters classified other than for water supply use (WS-I, WS-I1, WS-III, WS-IV, and WS-V). These requirements become
effective whenever funds have been appropriated either for purchase of land or for construction of a class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L 93-523;
Eff. February 1, 1987;
Amended Eff. December 1, 1988;
Transferred and Recodified from 10 NCAC 10D .1313 Eff. April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990.
.1212 BURIAL OF CARCASSES
The carcass of any dead animal found within the watershed shall be buried by the owner or person in charge of the animal or the
person owning or in charge of the land upon which the animal dies with a covering of at least three feet of earth or the carcass
shall be burned or removed from the watershed and buried as required by G S ; 06=4d3`In no case shall dead animals be placed
in the reservoir.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff January 1, 1977,-
Readopted Eff. December 5, 1977,
-49.

DENR — ENVIRONMENTAL Hf6 0 TISA: 18C.1200
Transferred and Recodified 10 NCAC 10D .1307 Eff. April 4, 1990.
.1213 BURIAL GROUND
No burial ground shall be established on any watershed within 1,500 feet upstream from a public water supply intake on an
unimpounded stream or within 300 feet of any class I or class II reservoir.
History Note: Authority G.S. 130A-315; 130A-320; A.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1308 Eff. April 4, 1990.
.1214 DISPOSAL OF ANY SUBSTANCE
Any person who intends to dispose of or store any substance that may adversely affect the quality of the water, to the point of
rendering the water unsuitable as a source for a public water system, shall notify the Division prior to disposal or storage. The
` notification shall be in writing and shall list any substances that will be disposed of or stored. No substances shall be disposed of
or stored without the Division's approval. The owner of the water supply shall be responsible for maintaining surveillance of the
reservoirs and watersheds to insure protection of the water quality and shall notify the Department of any activities that may
endanger water quality.
History Note: Authority G.S. 130A-315; 130A-320; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff: December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1310 Eff. April 4, 1990;
Amended Eff. September 1, 1990.
_cn_

0 LAW OFFICES 0
GAVIN, COX, PUGH & WILHOIT, LLP
119 WORTH STREET
ASHEBORO, NORTH CAROLINA 27203
W. ED GAVIN (RETIRED)
RICHARD L. COX
ALAN V. PUGH
ROBERT E. WILHOIT
DARREN C. ALLEN
Richard D. Locklear
Attorney at Law
Historic "Linn Brothers Store"
101 South Central Avenue
Post Office Box 56
Landis, North Carolina 28088
TELEPHONE; [phone]
FAX: [phone]
September 10, 2007
RE: Robert S. Cashatt and Doris D. Cashatt
Dear Rick:
RECEI ED
N.C. Dept. of ENR
SEP 12 2007
Winston-Salem
Regional Office
[e-mail]
apugh®gavincox.com
[e-mail]
dWenQgavincox.com
It has come to the attention of the Piedmont Triad Regional Water Authority that cattle
from your client's property have been observed in the Randleman Lake. As you are acutely
aware, cattle manure in a watershed area can cause cryptosporidium disease in humans.
Protecting watersheds from cryptosporidium and a-coli by calves is essential in monitoring a
public water system source. This is because certain oocysts are highly resistant to chlorination.
Thus, EPA guidelines require constant monitoring of data of water vulnerable to contamination
by manure.
Enclosed are copies of pictures of the cows in or near the Randleman Lake. This is
unacceptable and must cease immediately. Please advise your clients to take steps to contain the
cattle on their property. Failure to do so will force the Water Authority to seek legal remedies
and/or possible criminal charges. A copy of this letter is being sent to Melissa Rosebrock at the
NC Division of Water Quality and Barton Robinson for purposes of documenting the notice
provided to you.
If you have any questions, please do not hesitate to contact Mr. John Kime, Executive
Director of PTRWA (336-547-8437) or myself. Thank you again for your prompt response to
this critical problem.
Very truly yours,
Gavin, Cox, ,Pugh & Wilhoit, LLP
Robert E. Wilhoit
REW:ays
Enclosures
cc: John Kime
Melissa Rosebrock
Barton Robinson

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Gavin, Cox, Pugh & Wilhoit, LLP
Robert E. Wilhoit, Esquire
119 Worth Street
Asheboro, NC 27203
Richard Locklear, Esquire
Post Office Box 56
Landis, NC 28088
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
Reply to:
Anita LeVeaux
Assistant Attorney General
Environmental Division
Tel [phone]
September 5, 2006
By First Class Mail and Facsimile
Re: August 28, 2006 letter to Ms. Melissa Rosebrock
Dear Messrs. Wilhoit and Locklear:
1 am in receipt of a copy of Wilhoit letter, 28 August, 2006 to Ms. Melissa Rosebrock
an Environmental Specialist with the Aquifer Protection Section of the Department of
Environment and Natural Resources ("DENR"). DENR understands that a Certificate of
Coverage (COC), dated October 1, 2004, was issued to Robert Cashatt, ("Cashatt") also
known as the permittee, authorizing the operation of the subject animal waste collection,
treatment, storage, and land application system in accordance with the Cattle Waste
Management System General Permit AWG200000 pursuant to NCGS 143-215 et seq.
Additionally, the COC authorizes and requires the operation of the system in conformity
with the conditions and limitations as specified in the General Permit, the Certified Animal
Waste Management Plan (CAWMP), and the COC.
Moreover, DENR is aware of your client's, the Piedmont Triad Regional Water
Authority's, acquisition of property, previously owned by Cashatt, through eminent domain.
That acquisition included a portion of a lagoon currently used by Cashatt in his dairy farm

ft .. , - 6 -0
operation. A change in ownership of the land on which the animal waste management
system exits does not absolve the permittee of their responsibility for adherence to
established environmental regulations, nor does it invalidate the permit.
DENR has not issued a directive that the lagoon be closed; neither does DENR require that
the lagoon be closed. However, DENR would expect that before your client filled in a portion of the
lagoon that the waste storage structure, or any portion thereof, be properly closed in accordance with
the "Natural Resource Conservation Service (NRCS) NC Standard for Closure of Waste
Impoundments." Failure to due so would constitute a violation of NCGS 143-215. You may wish to
contact the Randolph County NRCS/SWCD office for technical assistance regarding closure
procedures at [phone]. This office anticipates that both the owner and permittee will
work towards resolving the encroachment issue without creating any negative
environmental or health concerns.
If you have any questions please feel free to contact me at the above number.
Sincerely,
Anita LeVeaux
Assistant Attorney General
c: Ted Bush
Sherri V. Knight
Melissa Rosebrock

AG�A
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F, Easley, Governor William G: Ross Jr., Secretary
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11ECE{}rED
N.G. Dept, of L:Nft
of LAW OFFICES AUG 3 Q 2006
GAVIN, COX, PUGH & WILHOIT, LLP Mnston:s, �f{!
119 WORTH STREET Regrorialfff
ASHEBORO, NORTH CAROLINA 27203
W. ED GAVIN (RETIRED) TELEPHONE: [phone]
RICHARD L. COX FAX: [phone] [e-mail]
ALAN V. PUGH [e-mail]
ROBERT E. WILHOIT [e-mail]
August 28, 2006
DARREN C. ALLEN [e-mail]
Ms. Melissa Rosebrock
NC Division of Water Quality
585 Waughtown St.
Winston Salem, NC 27101
RE: Tax Parcel ID# 7756183280
Dear Ms. Rosebrock:
As you are aware, the Piedmont Triad Regional Water Authority acquired property by
eminent domain from Mr. and Mrs. Robert Cashatt. Part of the taking included a portion of the
lagoon utilized by the Cashatts for their dairy farm. To date, the Cashatts have failed to remove
the portion of lagoon that now encroaches upon the lands of the Water Authority. Please
note that no easement was granted by the Water Authority for continued operation of the lagoon
upon Authority property. '
As a point of inquiry, the Water Authority wonders how can the Cashatts retain a permit
on another parties' land? This raises the question of whether the Cashatt's permit was invalidated
after the taking. .. i .
Nevertheless, it is the intent of the Water Authority to remedy this encroachment since it
lies within the buffer of a soon to be source of public drinking water. Since the Cashatts refuse
to move the portion of lagoon that encroaches, the Water Authority feels it would be within
its rights to take steps to backfill the encroachment. Prior to filling in a portion of the lagoon, we
wanted to advise you since your section is responsible for the Cashatt lagoon permit.
I look forward to hearing from you. t
Sincerely,
Gavin, Cox, Pugh & Wilhoit, LLP
Robert E. Wilhoit
RE W/ps
cc: John Kime
Richard Locklear

J
. TTFnH
r r a °s
State of North Carolina
ROY COOPER Department of .Justice
NT" FORNEY G11-NERAL 900I Mail Service Centel"
RALEIGH, NORTH CAROLINA
27Ei�W I
September 7, 2006
RECEIVED
N.C. Dept, of ENR
SEP 0 8 2006
Winston-Sa,am
Reply to: Regional Offfee
Anita LeVeaux
Assistant Attorney General
Environmental Division
Tefe: [phone]
Fax: [phone]
E-mail:'[e-mail]
Gavin, Cox, Pugh & Wilhoit, LLP
Robert E. Wilhoit, Esquire
119 Worth Street
Asheboro, NC 27203
By First Class Mail and Facsimile
Richard Locklear, Esquire
Post Office Box 56 •
Landis, NC 28088
Re: August 28, 2006 Letter to Ms. Melissa Rosebrock .,f
Dear Messrs. Wilhoit and Locklear:
I am in receipt of a copy of Wilhoit's letter, 28 August, 2006 to Ms. Melissa
Rosebrock an Environmental Specialist with the Aquifer Protection Section of the
Department of Environment and Natural Resources ("DENR"). DENR understands that a
Certificate of Coverage ("COC"), dated October 1, 2004, was issued to Robert Cashatt,
("Cashatt") also known as the ("permittee"), authorizing the operation of the subject animal
waste collection, treatment, storage, and land application system in accordance with the
Cattle Waste Management System General Permit ("General Permit") A WG200000 pursuant
to N.C.G. S. § 143-215 et seq. Additionally, the COC authorizes and requires the operation
of the system to be in conformity with the conditions and limitations as specified in the
General Permit, the Certified Animal Waste Management Plan ("CAWMP"), and the COC.
Moreover, DENR is aware of your client's, the Piedmont Triad Regional Water
Authority, acquisition of property, previously owned by Cashatt, through eminent domain.
That acquisition included a portion of a lagoon currently used by Cashatt in his dairy farm
operation. A change in ownership of the land on which the animal waste management
system exits does not absolve the permittee of their responsibility for adherence to
established environmental regulations, neither does it invalidate the permit.

Robert E. Wilhoit, Esquire
Richard Locklear, Esquire
September 7, 2006
Page -2-
DENR has not issued a directive that the lagoon be closed; neither does DENR require
that the lagoon be closed. However, DENR would expect that before your client filled in a
portion of the lagoon that the waste storage structure, or any portion thereof, be properly
closed in accordance with the "Natural Resource Conservation Service ("NRCS") NC
Standard for Closure of Waste Impoundments." Failure to do so would constitute a violation
ofN.C.G.S. § 143-215. You may wish to contact the Randolph County NRCS/SWCD office
for technical assistance regarding closure procedures at [phone]. This office
anticipates that both the landowner and permittee will work towards resolving the
encroachment issue without creating any negative environmental or health concerns.
If you have any questions, please feel free to contact me at the above number.
Sincerely,
i
Anita LeVeaux
Assistant Attorney General
AL/sm
cc: Ted Bush
Sherri V. Knight
Melissa Rosebrock•.

Aft
i
STATE OF NORTH cARLINA File No.
04 CVS 1832
In The General Court of Justice
RANDOLPH County ❑ District ® Superior Court Division
PIEDMONT TRIAD REGIONAL WATER AUTHORITY
Additional File Numbers
VERSUS
SUBPOENA
ROBERT S. CASHATT AND DORIS D. CASHATT
G.S. 1A-1, Rule 45
Party Requesting Subpoena
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas maybe produced at your request, but
❑ State/Plaintiff ® Defendant
must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge.
Name And Address of Person Subpoenaed
Alternate Address
TO
Melissa Rosebrock
Environmental Specialist
585 Waughtown Street
Winston-Salem, NC 27107
Telephone No.
Telephone No.
336-7714600
YOU ARE COMMANDED TO: (check all that apply):
® appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
❑ produce and permit inspection and copying of the following items, at the place, date and time indicated below.
❑See attached list. (List here if space sufficient.)
Name And Location of CourtlPlace Of Deposition/Place To Produce
Date To Appear/Produce
Randolph County Superior Civil Court
08/22/05 - 08/26/05
Randolph County Courthouse
Time To AppeariProduce
Asheboro, North Carolina
10:00 ® AM ❑ PM
Name And Address of Applicant or Applicant's Attorney
Date
Richard D. Locklear
08/12/05
P.O. Box 56
Signature
Landis NC 28088
Telephone No.
❑ Deputy CSC ❑ Assist CSC ❑ Clerk Of Superior Court []Superior Court Judge
704-857-6181
❑ Magistrate ® Attorney/DA ❑ District Court Judge
H
:rj EPi }—If i7Y.9 g�i E E E eE 7' lik � �' ]4 iE, i;{'i�
i,
RETURN OF SERVICE
-: ,
CE lE -! i � i I ��i} i E^'i d � iq' Z �`
r€ z t�'.
I certify that this Subpoena was received and served on the person subpoenaed as follows:
By ❑ personal delivery.
❑ registered or certified mail, receipt requested and attached.
❑ telephone communication (For use only by the sheriffs office for witness subpoenaed to appear and testify.)
El I was unable to serve this subpoena.
Service Fee Paid
Date Served
Signature of Authorized Server
Title
Due
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed orfaxed to the attorney for each party
in this case. if a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.
AOC-G-100, Rev. 10103 (Please See Reverse Side)
® 2003 Administrative Office of the Courts

NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d).
(c) Protection Of Persons Subject To Subpoena
(1) Avoid undue burden or expense. - A party or an attorney responsible
for the issuance and service of a subpoena shall take reasonable steps to
avoid imposing an undue burden or expense on a person subject to the
subpoena. The court shall enforce this subdivision and impose upon the
party or attorney in violation of this requirement an appropriate sanction that
may include compensating the person unduly burdened for lost earnings
and for reasonable attorney's fees.
(2) For production of public records or hospital medical records. - Where
the subpoena commands any custodian of public records or any custodian
of hospital medical records, as defined in G.S. 8-44.1, to appear for the sole
purpose of producing certain records in the custodian's custody, the
custodian subpoenaed may, in lieu of personal appearance, tender to the
court in which the action is pending by registered or certified mall or by
personal delivery, on or before the time specified in the subpoena, certified
copies of the records requested together with a copy of the subpoena and
an affidavit by the custodian testifying that the copies are true and correct
copies and that the records were made and kept in the regular course of
business, or if no such records are in the custodian's custody, an affidavit to
that effect. When the copies of records are personally delivered under this
subdivision, a receipt shall be obtained from the person receiving the
records. Any original or certified copy of records or an affidavit delivered
according'to the provisions of this subdivision, unless otherwise
objectionable, shall be admissible in any action or proceeding without
further certification or authentication. Copies of hospital medical records
tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their
attorneys in depositions, until ordered published by the judge at the time of
the hearing or trial. Nothing contained herein shall be construed to waive
the physician -patient privilege or to require any privileged communication
under law to be disclosed.
(3) Written oblection to subpoena. - Subject to subsection (d) of this rule,
a person commanded to appear at a deposition or to produce and permit
the inspection and copying of records may, within 10 days after service of
the subpoena or before the time specified for compliance if the time is less
than 10 days after service, serve upon the party or the attorney designated
in the subpoena written objection to the subpoena, setting forth the specific
grounds for the objection. The written objection shall comply with the
requirements of Rule 11. Each of the following grounds may be sufficient for
objecting to a subpoena:
a. The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other
protected matter and no exception or waiver applies to the
privilege or protection.
c. The subpoena subjects a person to an undue burden.
d. The subpoena Is otherwise unreasonable or oppressive.
e. The subpoena is procedurally defective.
(4) Order of court required to override ob'eci tion. - If objection is made
under subdivision (3) of this subsection, the party serving the subpoena
shall not be entitled to compel the subpoenaed person's appearance at a
deposition or to inspect and copy materials to which
an objection has been made expect pursuant to an order of the court. If
objection is made, the party serving the subpoena may, upon notice to the
subpoenaed person, move at any time for an order to compel the
subpoenaed person's appearance at the deposition or the production of
the materials designated in the subpoena. The motion shall be filed in the
court in the county in which the deposition or production of materials is to
occur,
(5) Motion to quash or modify subpoena. - A person commanded to
appear at a trial, hearing, deposition, or to produce and permit the
inspection and copying of records, books, papers, documents, or other
tangible things, within 10 days after service of the subpoena or before the
time specified for compliance If the time is less than 10 days after service,
may file a motion to quash or modify the subpoena. The court shall quash
or modify the subpoena if the subpoenaed person demonstrates the
existence of any of the reasons set forth in subdivision (3) of this
subsection. The motion shall be filed in the court in the county in which the
trial, hearing, deposition, or production of materials is to occur.
(6) Order to compel: expenses to comply with subpoena. - When a coup
enters an order compelling a deposition or the production of records,
books, papers, documents, or other tangible things, the order shall protect
any person who is not a party or an agent of a party from significant
expense resulting from complying with the subpoena. The court may order
that the person to whom the subpoena is addressed will be reasonably
compensated for the cost of producing the records, books, papers,
documents, or tangible things specified in the subpoena.
(7) Trade secrets. confidential Information. - When a subpoena requires
disclosure of a trade secret or other confidential research, development, or
commercial information, a court may, to protect a person subject to or
affected by the subpoena, quash or modify the subpoena, or when the
party on whose behalf the subpoena is issued shows a substantial need
for the testimony or material that cannot otherwise be met without undue
hardship, the court may order a person to make an appearance or produce
the materials only on specified conditions stated in the order.
(8) Order to quash: expense. - When a court enters an order quashing
or modifying the subpoena, the court may order the party on whose behalf
the subpoena is issued to pay all or part of the subpoenaed person's
reasonable expenses including attorney's fees.
(d) Duties In Responding To Subpoena
(1) Form of response. - A person responding to a subpoena to produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label the documents to correspond with the
categories in the request.
(2) Specificity of objection. - When information subject to a subpoena is
withheld on the objection that it is subject to protection as trial preparation
materials, or that it is otherwise privileged, the objection shall be made with
specificity and shall be supported by a description of the nature of the
communications, records, books, papers, documents, or other tangible
things not produced, sufficient for the requesting party to contest the
objection.
J INFORMATION FOR WITNESS I
NOTE: if you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this Subpoena in
the box labeled "Name And Address OfAoolicant OrAanlicanf's Attomev.
DUTIES OF A WITNESS
• Unless otherwise directed by the presiding judge, you must answer all
questions asked when you are on the stand giving testimony.
• In answering questions, speak clearly and loudly enough to be heard.
• Your answers to questions must be truthful.
• If you are commanded to produce any items, you must bring them with
you to court or to the deposition.
• You must continue to attend court until released by the court. You
must continue to attend a deposition until the deposition Is completed.
AOC-G-100, Side Two, Rev. 10103
a 2003 Administrative Office of the Courts
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass,
or intimidate a witness. If anyone attempts to do any of these things
concerning your involvement as a witness in a case, you should promptly
report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to
a small daily fee, and to travel expense reimbursement, if it is necessary to
travel outside the county in order to testify. (The fee for an "expert witness"
will be set by the presiding judge.) After you have been discharged as a
witness, if you desire to collect the statutory fee, you should immediately
contact the Clerk's office and certify to your attendance as a witness so
that you will be paid any amount due you.

Prhaxb B- :vrklear
ATTORNEY AT LAW
HISTORIC "LINN BROTHERS STORE"
101 SOUTH CENTRAL AVENUE
P.O. BOX 56 -
LANDIS, NC 28088
TELEPHONE: [phone]
FAX: (704) 855,1120
August 12, 2005
DECEIVED
N.C. Dept. of EHNR
AUG 15 2005
Wins to 1-1-9.alern�l
Regional., Office
Ms. Melissa Rosebrock
J
Environmental Specialist
585 Waughtown Street?-4
A_,
Winston-Salem, NQ27107-
Re: Piedmont Tridd Regiohal Water Atith-o'r'j-ty".�'v'-s,-oR'o-bert.S. Ca§hatt & D6ri's'D. Cashatt
04 CVS 1832, Randolph County,.?; -
Dear Ms. Rosebrock:
I �,4
represent' blbbv Please be advised,tlfdt, F VD�aVisXa�hittjrfi ','i­ ementioned matter.
Please contact my office`?Or &,'P9rpoKirovi`difij.ffie.w"idfi-d tblephone number where
,9,W,r ,
you may be reached on A:ugust,22, 166,;a-that , may 1place --v6u-on't61'6_ hone standby.
Should you haK�-l?� I s'06In' otate,me a call.�ny,.qt�qstions., D ea e -hesit o,give t'
Sincerely,, y,,
7�
- Loc ear
RDL:mt

Re: Cashatt Dairy court case -Randleman 0
E
Subject: Re: Cashatt Dairycourt case -Randleman
From: "Anita Leveaux" <[e-mail]>
Date: Thu, 28 Jul 2005 14:41:52 -0400
To: <[e-mail]>
I am available the 22nd, however, Mr. Wilhoit should call me.
Bob Wilhoit. Thanks, Anita
>>> Melissa Rosebrock < Melissa. [e-mail]> 07/27/05 03:32PM >>>
Anita,
I received a voice mail message from Mr. Bob Willhoit, attorney for
Piedmont Triad Water Authority and John Kime (the exec. director). He
wants me to call him or his legal asst. Pat Slier to set up a conference
call with him and Mr. Kime regarding the Cashatt Dairy situation
(Randleman dam project subpeona). Case is scheduled for the week of
August 22. Should I call Mr. Willhoit or should you? His number is
336.629.2600 (Asheboro). Thanks.
Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 383
FAX: [phone]
I've left a message in that regard with
1 of 1 7/28/2005 4:57 PM

Re: New or existing dairy?
Subject: Re: New or existing dairy?
From: Keith Larick <[e-mail]>
Date: Thu, 23 Jun 2005 10:55:18 -0400
To: [e-mail]
CC: paul sherman <[e-mail]>
Melissa,
As far as the new or existing issue, this is covered in 2.6 of the 1217 Guidance
Document. Basically if they have had 10% of the registered # on site then it can
be considered existing. We will need some sort of records (sales, etc). Pasture
cows can count for the 10%. It sounds like that is the case here.
The storage pond is addressed in 2.2 - Farm Status Changes. If you read it
strictly, it looks like the WSP needs to come up to current standards. We can
probably cut him some slack on this due to the Randleman dam stuff. He will need
to get a complete certification though, since that was never done before. Note the
first paragraph of the Reactivation section - he needs a CAWMP and a permit before
he can come up above threshold.
Here is DSWC's new 1217 site that's pretty good:
http://www.enr.state.nc.us/DSWC/pages/guidance docs.html
If the old dairy is registered we should have some info on it. Give me a call if
you have any questions.
Keith
Melissa Rosebrock wrote:
Keith or Paul,
The Cashatt Dairy in Randolph Co.(#76-28) is closing their dairy to make way for
the Randleman Dam (my most recent subpoena). The Cashatt's have purchased an old
dairy in the county that was registered but never certiifed. This dairy quit
milking about 6-7 years ago but there were still cattle on site up until 1-2
years ago. The tech specialist wants to know which permit application to have
the Cashatt's complete? Existing? New/expanding? My thought is that it's an
existing farm/operation. Also, the waste structure on site was not an NRCS
design, hence, the tech specialist will only be certifying the volume. Any other
certifications that must be completed? Fields? etc?. Please advise. Thanks for
your assistance.... again.
Melissa
1 of 1 6/23/2005 5:50 PM

Re: Soena fo
r or court in Randolph Co.
i 6 0
Subject: Re: Subpoena for court in Randolph Co.
From: "Anita Leveaux" <[e-mail]>
Date: Fri, 27 May 2005 08:51:29 -0400
To: <[e-mail]>
CC: "John Payne" <[e-mail]>, "Kathy Cooper" <[e-mail]>
Melissa,
John Payne is now the attorney assigned to this region, I am forwarding this to Kathy Cooper so that
she can determine how she wants us to handle the case. You will have counsel don't worry. Either
John or I will be in touch with you. I hope all Is well? Take care, Anita
Anita LeVeaux
Assistant Attorney General
9001 Mail Service Center
Raleigh, NC 27699-9001
919-716-6600
>>> Melissa Rosebrock < Melissa. [e-mail]> 05/26/05 05:34PM >>>
Wanted to let you know that I received a subpoena by mail from Mr. Richard Locklear (attorney) for me to appear next week in superior
court in Asheboro on behalf of Mr. Davis Cashatt (my permitted farmer) against the Piedmont Triad Regional Water Authority in a
condemnation case (Randleman Dam). Not even our easel
I spoke with Mr. Locklear this afternoon and he said that they have requested a continuance. He will not know whether that was granted
until Tues. morning after loam. He said that if the trial were to proceed that he would need me to testify late afternoon on Wed. June 1st
or on Thur. June 2nd. I told Mr, Locklear that I had appointments scheduled in the field next week in Guilford Co. and he said to not cancel
them but to provide a cell number so that I could be called.
Paul, I'd like representation from the Division if I appear. Can this be arranged? Let me know if you need additional information. Thanks.
Numbers:
Richard Locklear: 704.857.6181
My cell: 336,813.1460
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 383
FAX: [phone]
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Anita Leveaux
ORG:;DOJ\]Environmental Protection
EMAIL;WORK;PREF:[e-mail]
N:Leveaux;Anita
END:VCARD
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Anita Leveaux
ORG:;DOJ\Environmental Protection
EMAIL;WORK;PREF:[e-mail]
N:Leveaux;Anita
END:VCARD
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Leveaux, Anita
1 of 6/1/2005 8:58 AM

Re: Siw�;oena for court in Randolph Co.
ORG:;DOJ\Environmental Protection
EMAIL;WORK;PREF:[e-mail]
N:Leveaux;Anita
END:VCARD
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Leveaux, Anita
ORG:;DOJ\Environmental Protection
EMAIL;WORK;PREF:[e-mail]
N:Leveaux;Anita
END:VCARD
Anita Le ,eaux.r►Cf Content -Type: text/plain
2 of 2 6/l/2005 8:58 AM

r-1
STATE OF NORTH CARMINA File No.
04 CVS 1832
In The General Court of Justice
RANDOLPH County ® District ❑ Superior Court Division
PIEDMONT TRIAD REGIONAL WATER AUTHORITY
Additional File Numbers
VERSUS
SUBPOENA
ROBERT S. CASHATT AND DORIS D. CASHATT
G.S. 1A-1, Rule 45
Party Requesting Subpoena
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but
❑ State/Plaintiff ® Defendant
must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge.
Name And Address of Person Subpoenaed
Alternate Address
TO
Melissa Rosebrock
Environmental Specialist
585 Waughtown Street
Winston-Salem, NC 27107
Telephone No.
Telephone No.
336-771-4600
YOU ARE COMMANDED TO: (check all that apply):
® appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
❑ produce and permit inspection and copying of the following items, at the place, date and time indicated below.
[]See attached list. (List here if space sufficient.)
Name And Location of Court/Place Of Deposition/Place To Produce
Date To Appear/Produce
Randolph County Superior Civil Court
05/31/05 - 06/03/05
Randolph County Courthouse
Time To Appear/Produce
Asheboro, North Carolina
10:00 ® AM ❑ PM
Name And Address of Applicant or Applicant's Attorney
Date
Richard D. Locklear
05/25/05
P.O. Box 56
Lands NC 28088
Signature
Telephone No.
❑ Deputy CSC ❑ Assistant CSC ❑ Clerk Of Superior Court ❑Superior Court Judge
704-857-6181
❑ Magistrate ® Attorney / DA ❑ District Court Judge
RETURN OF SERVICE
I certify that this Subpoena was received and served on the person subpoenaed as follows:
By ❑ personal delivery.
❑ registered or certified mail, receipt requested and attached.
❑ telephone communication (For use only by the sheriffs office for witness subpoenaed to appear and testify.)
❑ I was unable to serve this subpoena.
Service Fee ❑ Paid
Date Served
Signature of Authorized Server
Title
Due
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party
in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.
AOC-G-100, Rev. 10103 (Please See Reverse Side)
0 2003 Administrative Office of the Courts

NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d).
(c) Protection Of Persons Subject To Subpoena
(1) Avoid undue burden or expense. - A party or an attorney responsible
for the issuance and service of a subpoena shall take reasonable steps to
avoid imposing an undue burden or expense on a person subject to the
subpoena. The court shall enforce this subdivision and impose upon the
party or attorney in violation of this requirement an appropriate sanction that
may include compensating the person unduly burdened for lost earnings
and for reasonable attorney's fees.
(2) For production of gublic records or hos ital medical records - Where
the subpoena commands any custodian of public records or any custodian
of hospital medical records, as defined in G.S. 8-44.1, to appear for the sole
purpose of producing certain records in the custodian's custody, the
custodian subpoenaed may, in lieu of personal appearance, tender to the
court in which the action is pending by registered or certified mail or by
personal delivery, on or before the time specified in the subpoena, certified
copies of the records requested together with a copy of the subpoena and
an affidavit by the custodian testifying that the copies are true and correct
copies and that the records were made and kept in the regular course of
business, or if no such records are in the custodian's custody, an affidavit to
[hat effect. When the copies of records are personally delivered under this
subdivision, a receipt shall be obtained from the person receiving the
records. Any original or certified copy of records or an affidavit delivered
according to the provisions of this subdivision, unless otherwise
objectionable, shall be admissible in any action or proceeding without
further certification or authentication. Copies of hospital medical records
tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their
attorneys in depositions, until ordered published by the judge at the time of
the hearing or trial. Nothing contained herein shall be construed to waive
the physician -patient privilege or to require any privileged communication
under law to be disclosed.
(3) Written obiection to subpoena. - Subject to subsection (d) of this rule,
a person commanded to appear at a deposition or to produce and permit
the inspection and copying of records may, within 10 days after service of
the subpoena or before the time specified for compliance if the time is less
than 10 days after service, serve upon the party or the attorney designated
in the subpoena written objection to the subpoena, setting forth the specific
grounds for the objection. The written objection shall comply with the
requirements of Rule 11. Each of the following grounds may be sufficient for
objecting to a subpoena:
The subpoena fails to allow reasonable time for compliance.
The subpoena requires disclosure of privileged or other
protected matter and no exception or waiver applies to the
privilege or protection.
The subpoena subjects a person to an undue burden.
The subpoena is otherwise unreasonable or oppressive.
The subpoena is procedurally defective.
(4) Order of court required to override_obiection, - If objection is made
under subdivision (3) of this subsection, the parry serving the subpoena
shall not be entitled to compel the subpoenaed person's appearance at a
deposition or to inspect and copy materials to which
an objection has been made expect pursuant to an order of the court. If
objection is made, the party serving the subpoena may, upon notice to the
subpoenaed person, move at any time for an order to compel the
subpoenaed person's appearance at the deposition or the production of
the materials designated in the subpoena. The motion shall be filed in the
court in the county in which the deposition or production of materials is to
occur.
(5) Motion to quash or modify subpoena. - A person commanded to
appear at a trial, hearing, deposition, or to produce and permit the
inspection and copying of records, books, papers, documents, or other
tangible things, within 10 days after service of the subpoena or before the
time specified for compliance if the time is less than 10 days after service,
may file a motion to quash or modify the subpoena. The court shall quash
or modify the subpoena if the subpoenaed person demonstrates the
existence of any of the reasons set forth in subdivision (3) of this
subsection. The motion shall be filed In the court in the county in which the
trial, hearing, deposition, or production of materials is to occur.
(6) Order to compel: expenses to comply with subpoena. - When a court
enters an order compelling a deposition or the production of records,
boots, papers, docu vents, or other tangible things, the ordor shall protect
any person who is not a party or an agent of a party from significant
expense resulting from complying with the subpoena. The court may order
that the person to whom the subpoena is addressed will be reasonably
compensated for the cost of producing the records, books, papers,
documents, or tangible things specified in the subpoena.
(7) Trade secrets, confidential information, - When a subpoena requires
disclosure of a trade secret or other confidential research, development, or
commercial information, a court may, to protect a person subject to or
affected by the subpoena, quash or modify the subpoena, or when the
party on whose behalf the subpoena is issued shows a substantial need
for the testimony or material that cannot otherwise be met without undue
hardship, the court may order a person to make an appearance or produce
the materials only on specified conditions stated in the order.
(8) Order to quash: expenses. - When a court enters an order quashing
or modifying the subpoena, the court may order the party on whose behalf
the subpoena is issued to pay all or part of the subpoenaed person's
reasonable expenses including attorney's fees.
(d) Duties In Responding To Subpoena
(1) Form of response. - A person responding to a subpoena to produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label the documents to correspond with the
categories in the request.
(2) Specificity of obiection. - When information subject to a subpoena is
withheld on the objection that it is subject to protection as trial preparation
materials, or that it is otherwise privileged, the objection shall be made with
specificity and shall be supported by a description of the nature of the
communications, records, books, papers, documents, or other tangible
things not produced, sufficient for the requesting party to contest the
objection.
NOTE: if you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this Subpoena in
the box labeled "Name And Address OfAnolicant OrADolicant's Attomev.
DUTIES OF A WITNESS
• Unless otherwise directed by the presiding judge, you must answer all
questions asked when you are on the stand giving testimony.
• In answering questions, speak clearly and loudly enough to be heard.
• Your answers to questions must be truthful.
• If you are commanded to produce any items, you must bring them with
you to court or to the deposition.
• You must continue to attend court until released by the court. You
must continue to attend a deposition until the deposition is completed.
AOC-G-100, Side Two, Rev. 10103
8 2003 Administrative Office of the Courts
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass,
or intimidate a witness. If anyone attempts to do any of these things
concerning your involvement as a witness in a case, you should promptly
report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to
a small daily fee, and to travel expense reimbursement, if it is necessary to
travel outside the county in order to testify. (The fee for an "expert witness"
will be set by the presiding judge.) After you have been discharged as a
witness, if you desire to collect the statutory fee, you should immediately
contact the Clerk's office and certify to your attendance as a witness so
that you will be paid any amount due you.

..j
•i 1PECEIVrED
ATTORNEY AT LAW BRAY 2 6 A-05
HISTORIC "LINN BROTHERS STORE"
101 SOUTH CENTRAL AVENUE
P.O. BOX56PriR'l;
LANDIS, NC 28088
TELEPHONE: [phone]
FAX: [phone]
May 25, 2005
Ms. Melissa Rosebrock .•
Environmental Specialist
585 Waughtown Street = z n
Winston-Salem, NC' 2,14,67
Re: Piedmont Thad Regional Water Authority vs�Robert S Cashatt and`'Dofis D. Cashatt
Dear Ms. Rosebrock , 'y^'� =� ►t!I"'s'il t F, _
Please be advised that.,l represent_Davis tCashatt! in ,the abovementioned matter.
Please contact my office for the purpose.of.provlding ine withaJteleplibne number where
you may be reached on May 31r2005 so that I may.:place you.on telephone standby.
Should you have�any questl6ns, please do not hesitate t- 1 e rrie a call,
= ! i�Sincerely,�`
icliar`d I7 rock' car - -

Alm
PIEDMONT TRIAD REGIONAL WATER
November 28, 2001
Ms. Melissa Rosebuck
NC Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Dear Ms. Rosebuck:
AUTHORITY
i)ept, c)f E H NA
DEC 0 3 2001
inston-Salem
Regional Offica
As we discussed, I am enclosing information relative to the impacts of the Randleman Lake
project on the Cashatt dairy.
I have been in negotiations with Mr. Cashatt for the past few months. I anticipate these
negotiations will need to be concluded by March 2002 to allow for the timely clearing of the
reservoir area.
If I can provide additional information, please feel free to call.
Sine ely,
John F. Kime
Executive Director
JFKJs
Enclosure
cc: Cashatt file
e
Wilmington Building, Suite 204 • 2216 West Meadovwiew Road • Greensboro, North Carolina 27407-3480
Telephone: [phone] . Fax: [phone]

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Existing
.. Property Boun ary Randleman

State of North Cara
Department of En nment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Robert Cashatt
Cashatt Dairy
5763 Davis Country Road
Randleman NC 27317
Dear Robert Cashatt:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999 R l ��� fl
c..l
JA N 0 5 2000
Winston-Salem
Regionat offlcg),
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 76-28
Randolph County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, lRR2, DRYI, DRY2, DRY3, SLUR1, SLUR2,
SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections_ Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement. ,
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
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 [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

0
State of North Carolina'
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
ROBERT CASHATT
CASHATT DAIRY
5763 DAVIS COUNTRY ROAD
RANDLEMAN, NORTH CAROLINA 27317
Dear Robert Cashatt:
0.
A/ • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATuA,+t" t9dJF#
July 13, 1999 N.C. DeV. (-, -.-7HNR
J U L 15 1999
Winstr -^aEern
Reqional Office
Subject: Application No. AWC76002
Additional Information Request
Cashatt Dairy
Animal Waste Operation
Randolph County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional
information is required before we can continue our review. Please address the following by August 12, 1999:
It is unclear where tract 9555, field 1 is located according to the map received June 7, 1999. On the map,
there is a field highlighted on what appears to be tract 2056 that is 30.25 acres. However this is not the
acreage that is listed for tract 9555, field 1 (30.6 acres) as listed in the Waste Utilization Plan (WUP).
Please provide a map that shows this tract, field and the acreage as listed in the WUP.
2. The WUP lists the pounds of nitrogen utilized by the wheat crop on tract 2055, field 1 as 2160 pounds. This
number should be the pounds of nitrogen utilized per acre (72) multiplied by the number of acres (15) or
1080 pounds of nitrogen utilized. Please contact your technical specialist to revise the Waste Utilization
Plan or provide justification that supports the increased yield as shown in the current WUP. Please note that
all WUP revisions must be signed and dated by both the owner and the technical specialist.
Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please
reference the subject permit application number when providing the requested information. All information should be signed,
sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be
submitted on or before August 12, 1999 or the Division will return your application as incomplete in accordance with 15A
N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North
Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management
Commission.
If you have any questions regarding this request, please call me at [phone], extension 546.
Sincerely, �
us8 an Caaley
Y
Environmental Engineer
Non -Discharge Permitting Unit
cc: Winston-Salem Regional Office, Water Quality
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina•
Department of Environment •
and Natural ResourcesOM
f
Division of Water Quality
Now
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 17, 1999 RECEIVED
Robert Cashatt N.C. Dept. of EHNR
Cashatt Dairy MAY 19 1999
5763 Davis Country Road
Randleman NC 27317 1Ni'nston-Salem
Subject: Application No. AWC76f�7�C�ional Office
Additional Information Reque
Cashatt Dairy
Animal Waste Operation
Randolph County
Dear Robert Cashatt:
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional
information is required before we can continue our review. Please address the following by June 16, 1999:
Your WUP lists the yield for corn on tract 2286, field 1 as 90 tons per acre, tract 2055, field I as 85 tons per
acre, and tract 2063, fields 3 and 5 as 85 tons per acre. The WUP also lists the yield for grazed fescue on
tract 2063, field 1 as 3 tons per acre. These are higher than currently recommended. Please contact your
technical specialist to revise the Waste Utilization Plan or provide justification that supports the increased
yield as shown in the current WUP. Please note that all WUP revisions must be signed and dated by both
the owner and the technical specialist.
2. Please provide a clearer map that identifies (outlines or highlights) and shows the tract number, field
number and acreage for each field to be used for waste application.
3. An Animal Waste Management Plan Certification is required for this facility. Please provide a copy of the
certification or have your technical specialist assist you in completing the enclosed certification form.
Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please
reference the subject permit application number when providing the requested information. All information should be signed,
sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be
submitted on or before June 16, 1999 or the Division will return your application as incomplete in accordance with 15A
N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North
Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management
Commission.
If you have any questions regarding this request, please call me at [phone], extension 546.
Sincerely, /a
buley 7,e
usan Cauley T
Environmental Engineer
Non -Discharge Permitting Unit
cc: Winston-Salem. Regional _Office, Water_Quality
Permit File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environent
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RE T REQUESTED
o eft Cashatt
Cashatt Dairy
5763 Davis Country Road
Randleman NC 27317
Farm Number: 76 - 28
Dear Robert Cashatt:
ALT4
� •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL_ RESOURCES
April 6, 1999 RE0,F_I VGD
N.C. Dept. of EHNR
APR 12 1999
Winston-Salem
Regional Office
You are hereby notified that Cashatt Dairy, in accordance with G.S. 143-215.1 OC, must apply for
coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has
six 60 da s to submit the attached application and all supporting documentation. In accordance
with hapter 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
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this letter, please call Dianne Thomas at [phone]
extension 364 or Ron Linville with the Winston-Salem Regional Office at (336) 77 -4 00,
Sinc y,
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

'4 •
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 20,
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Robert Cashatt
Cashatt Dairy
5665 Davis County Road
Randleman NC 27317
1�•
NCDENR
NORTH CARouNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1998 N.;'C��II��
AUG 2 4 1998
VV r-stOr,_ZS,l e iTl
RO�3-iDna1 oiliCe
Subject: Special Agreement
Facility Number: 76-28
Cashatt Dairy
Randolph County
Dear Robert Cashatt:
Attached for your records is a copy of the signed Special Agreement approved by the
Environmental Management Commission.
The terms and conditions of the Special Agreement are in full effect. If you have any
questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733-
5083, extension 581.
Sincerely,
A- Preston Howard, Jr., P.E.
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 [phone] Fax [phone]
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i . NORTH CAROLINA 0
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RANDOLPH
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 76-28
ROBERT CASHATT
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Robert Cashatt, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as
the Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to develop
an animal waste management system which, once certified, will meet or exceed
all applicable guidelines and standards and will be able to comply with all aspects
of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 76-28
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER'S" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

Farm Number: 76-28
Special Agreement E
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 Cashatt Dairy
Wr
Print Name of Owner
IL�Z4- I'le-V912. Date C%—aC.oC — !'
Signature r Aer
For the North Carolina Enviro ntal Management Commission:
Date
00,. Chairman of the Commission

State of North Carolin%
Department of Environment !
and Natural Resources f
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
A. Preston Howard, Jr., P.E., Director NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Cashatt
5665 Davis County Road
Randleman NC 27317
Dear Robert Cashatt:
July 17, 1998 RECEIVED
N.C. Dept. of EHNR
Winston-Salem,
Regional Office
Subject: Special Agreement
Certified Animal Waste Management Plan
Cashatt Dairy
Facility Number: 76-28
Randolph County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 17, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Robert Cashatt in order to allow
additional time for Robert Cashatt to obtain and implement a certified animal waste management
plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley' at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality..
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Afrunnative Action Employer 50% recycled/10% post -consumer paper

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

ftNORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RANDOLPH '
IN THE MATTER OF )
SPECIAL AGREEMENT
FACILITY NUMBER: 76-28
ROBERT CASHATT
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Robert Cashatt, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as
the Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .4217 (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 .4217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of,the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph l(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by December 31, 1998.

Farm Number: 76-28
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) clays of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

Farm Number: 76-28
Special Agreement
Page 3
k
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 Cashatt Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission